Preview
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
i
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----..................................................................x
DARWIN ORTIZ,
Plaintiff, CERTIFICATION
PURSUANT TO
CPLR 22 NYCRR 130-1.1
-against-
7 HANOVER FEE OWNER CO. LLC, COLLABORATIVE Index No: 159135/2021
CONSTRUCTION MANAOEMENT, LLC and JC ELITE
CONSTRUCTION SERVICES, LLC,
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.
Ill. Demand for Amount of Damages.
IV. Demand for Employment Authorizations.
V. Demand for Insurance Information.
VI. Demand for Medical Information and Hospital Authorization.
VII. Demand for Collateral Source Reimbursement Information.
VIll. Demand for Names and Addresses of Witnesses.
IX. Demand pursuant to CPLR 3101(d) for Expert Witness Disclosure.
X. Demand for Authorizations.
XI. Demand for School Records.
XII. Demand for Index Number.
XIll. Demand Pursuant to the Medicare, Medicaid and SCRIP Extension Act
of 2007.
XIV. Demand to Produce Social Media Authorization.
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
XV. Notice to Produce Medical Authorizations.
XVI. Notice to Produce Photographs.
XVll. Notice to Produce Driver's License.
XVill. Notice of Revocation of Service by Fax.
XIX. Notice of Discovery and Inspection of Cell Phone Records,
XX. Demand for Discovery and Inspection for Accident Reports.
XXI. Demand for Litigation Funding Company
XXII: Demand for Notice of Non-Emergency Surgery
XXIll: Demand for Prior and Subsequent Injuries and Conditions
XXIV: Demand for Adverse Party Statements
XXV: Demand for Authorizations to Obtain Income Tax Records
XXVI: Demand for Date of Birth and Social Security Number
XXVII: Demand for IME Videos
XXVIll: Notice for Discovery and inspection of Police Records and Reports
XXIX: Notice to Produce Copies of Reports from Governmental Agencies
Dated: Melville, New York Yours, etc.,
October 27, 2022
PERRY, VAN ETTEN,
ROZANSKI & KUTNER, LLP
Attorneys for Defendant
COLLABORATIVE CONSTRUCTION
MANAGEMENT, LLC
225 Broadhollow Road, Suite 430
Melville, New York 1I747
(631) 414-7930
By: Keputeth). Ki4tner
KENNETH J. KUTNER
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
TO: ZAREMBA BROWN, PLLC
Attorneys for Plaintiff
Street,52nd
40 Wall floor
New York, New York 10005
(212) 380-6700
CONWAY, FARRELL, CURTIN & KELLY, P.C.
Attorneys for Defendant
7 HANOVER FEE OWNER CO. LLC
20'h
48 Wall Street, Roor
New York, New York 10005
(212) 785-2929
JC ELITE CONSTRUCTION SERVICES, LLC
601 E. Bay Drive
Long Beach, New York 11561
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
......................................................................x
DARWIN ORTIZ,
Plaintiff, COMBINED
DISCOVERY DEMANDS
-against-
7 HANOVER FEE OWNER CO. LLC, COLLABORATIVE Index No: 159135/2021
CONSTRUCTION MANAGEMENT, LLC and JC ELITE
CONSTRUCTION SERVICES, LLC,
Defendants.
.................................................................................x
I. DEMAND FOR ADDRESS ES
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the defendant
hereby demand a verified statement setting forth the present home address of the plaintiffs, 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 serves upon the undersigned within fifteen (15) days hereof, a supplemental
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
demand setting forth those sums which plaintiff asserts as and for damages with respect to each
cause of action alleged against the defendant.
IV. DEMAND FOR EMPLOYMENT AUTHORIZATIONS
PLEASE TAKE NOTICE, that the undersigned demands that, in accordance
with provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff
provides, within twenty (20) days, the following:
1) Duty executed authorizations to obtain the complete employment records
of plaintiff for the years 2017 to present.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we
will 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 employment.
V. DEMAND FOR INSURANCE INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), demand is hereby
made that you provide to the undersigned, within twenty (20) days of the date of this notice,
.
copies of the following:
1. Each and every primary, contributing and excess insurance agreement
under which any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action or to indemnify or reimburse for payments made to
satisfy the judgment.
2. Each and every insurance agreement in which the insurer is obligated to
defend this action.
PLEASE TAKE FURTHER NOTICE, that any insurance document and policy
produced in response to the above demand shall be the complete document and policy includin
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
but not limited to declaration sheels, riders, limitations, endorsements, amendments,
cancellations, face sheets and/or binders, certificates of insurance, etc.
PLEASE TAKE FURTHER NOTICE, that in the event any of the insurance
policies are subject to an aggregate limit you are required to state the number of claims brought.
against the defendant or any other person or entity insured under such policy during the
applicable policy period, the amount sought in each such claim, and the amount already paid, i
any; Folgate v. Brookhaven Memorial Hospital, 381 N.Y.S.2d 384.
VI. DEMAND FOR MEDICAL INFORMATION AND HOSPITAL
AUTHORIZATION
PLEASE TAKE NOTICE, that the undersigned demands that, in accordance
with the provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintif
provides, within twenty (20) days, the following:
l. Medical reports and records, including x-rays, CAT scans, intra operative
diagnostic films and all other test reconts and results of all of those treating physicians, hospitals,
osteopaths, chiropractors and/or other licensed medical professionals who have treated or
consulted with plaintiff upon whose testimony plaintiff will rely upon a trial of this action.
2. Duly executed original authorizations to obtain the medical records,
x-rays, CAT scans, intra operative diagnostic films, from any osteopaths, chiropractors
including
and/or other ficensed medical professionals who have treated plaintiff with respect to any
injuries, physical or mental, alleged to have resulted from the events complained of by plaintiff
in the within action.
3. Duty executed authorizations with respect to any hospitals, clinics or other
similar health care providers which have treated plaintiff with respect to any injuries, physical or
mental, alleged to have resulted from the events complained of plaintiff in the within action.
by
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
These authorizations should specifically request all x-rays, CT scans, MRIs, EMGs, Inyelograms,
sonograms, intra operative diagnostic films, and all other test records and results.
4. Duly executed authorizations with respect to any osteopaths, chiropractors
and/or other licensed medical professionals who have rendered treatment to plaintiff with respect
to any condition pre-existing or preceding the events complained of in the complaint involving
disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which
in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in
the sequella of those injuries or conditions allegedly resulting from the events complained of in
the within action.
5. Duly executed authorizations with respect to any hospitals, clinics or other
similar health care providers which have rendered treatment to plaintiff with respect to any
condition pre-existing or preceding the events complained of in the complaint involving disease,
disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any
way is alleged to have caused any increase in the sequella of those injuries or conditions
allegedly resulting from the events complained of in the within action.
PLEASE TAKE FURTHER NOTICE, that the authorizations demanded must
include the right for the defendant(s) to conduct ex parte interviews of all nonparty treating
physicians as permitted by Arons v. Jutkowitz, 9 N.Y.3d 393, 411(2007).
PLEASE TAKE FURTHER NOTICE, that with respect to items numbered "3",
"4"
and "S", the authorizations to be provided shall state, as well, the approximate period or
periods that such services were rendered or provided.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we
will make such motions at or prior to trial as are required for the protection of the interests of our
client dismissal of this action or the preclusion from offering any evidence with respect
including
to which responses by plaintiffs have not been given.
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
VII. 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 defendant 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. executed authorizations permitting the defendant to obtain the
Duly
records of person, institution, or governmental which has provided or will
any facility agency
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 made and will be done at defendant's expense and the documents will
copying
be returned promptly after copying has been completed.
VIII. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR §3101, demand is hereby
made that you provide, within days, the names and addresses of all persons known to
twenty (20)
your client or to you, as attorneys for your client, with respect to the following:
1. witnesses to the occurrence and/or events complained of in th
Any
complaint of plaintiff.
2. Witnesses having knowledge of any alleged:
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
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(a) Wrongful act, error or omission allegedly committed or omitted
by:
(i) The party;
(ii) Any other defendant or third-party defendant in this action;
(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;
(c) 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
oÓ
the injuries allegedly sustained, exacerbated or aggravated by reason of the circumstances or
events complained of in this action.
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.
IX. DEMAND PURSUANT TO CPLR 3101(D) FOR EXPERT
DISCLOSURE
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:
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
1. State the name and address of each person you expect to call to give
expelt 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
detail"
this action, state the subject matter "in reasonable 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 both plaintiff and co-defendant shall be furnished to the undersigned in a timely
fashion. This defendant 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.
X. 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 provides
within twenty (20) days, the following:
1. Duly executed authorization to obtain employment records of the plaintif
for the years 2017 to the present.
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023
2. Duly executed authorization to obtain plaintiff's W-2 records of the
plaintiff for the years 2017 to the present.
3. Duly executed authorization to obtain plaintiff's Union Local records.
4. Duly executed authorization to obtain plaintiff's Union Pension Fund
records.
5. Duly executed authorization to obtain plaintiff's Union Health and
Welfare
Preview
FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----..................................................................x DARWIN ORTIZ, Plaintiff, CERTIFICATION PURSUANT TO CPLR 22 NYCRR 130-1.1 -against- 7 HANOVER FEE OWNER CO. LLC, COLLABORATIVE Index No: 159135/2021 CONSTRUCTION MANAOEMENT, LLC and JC ELITE CONSTRUCTION SERVICES, LLC, 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. Ill. Demand for Amount of Damages. IV. Demand for Employment Authorizations. V. Demand for Insurance Information. VI. Demand for Medical Information and Hospital Authorization. VII. Demand for Collateral Source Reimbursement Information. VIll. Demand for Names and Addresses of Witnesses. IX. Demand pursuant to CPLR 3101(d) for Expert Witness Disclosure. X. Demand for Authorizations. XI. Demand for School Records. XII. Demand for Index Number. XIll. Demand Pursuant to the Medicare, Medicaid and SCRIP Extension Act of 2007. XIV. Demand to Produce Social Media Authorization. FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 XV. Notice to Produce Medical Authorizations. XVI. Notice to Produce Photographs. XVll. Notice to Produce Driver's License. XVill. Notice of Revocation of Service by Fax. XIX. Notice of Discovery and Inspection of Cell Phone Records, XX. Demand for Discovery and Inspection for Accident Reports. XXI. Demand for Litigation Funding Company XXII: Demand for Notice of Non-Emergency Surgery XXIll: Demand for Prior and Subsequent Injuries and Conditions XXIV: Demand for Adverse Party Statements XXV: Demand for Authorizations to Obtain Income Tax Records XXVI: Demand for Date of Birth and Social Security Number XXVII: Demand for IME Videos XXVIll: Notice for Discovery and inspection of Police Records and Reports XXIX: Notice to Produce Copies of Reports from Governmental Agencies Dated: Melville, New York Yours, etc., October 27, 2022 PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP Attorneys for Defendant COLLABORATIVE CONSTRUCTION MANAGEMENT, LLC 225 Broadhollow Road, Suite 430 Melville, New York 1I747 (631) 414-7930 By: Keputeth). Ki4tner KENNETH J. KUTNER FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 TO: ZAREMBA BROWN, PLLC Attorneys for Plaintiff Street,52nd 40 Wall floor New York, New York 10005 (212) 380-6700 CONWAY, FARRELL, CURTIN & KELLY, P.C. Attorneys for Defendant 7 HANOVER FEE OWNER CO. LLC 20'h 48 Wall Street, Roor New York, New York 10005 (212) 785-2929 JC ELITE CONSTRUCTION SERVICES, LLC 601 E. Bay Drive Long Beach, New York 11561 FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ......................................................................x DARWIN ORTIZ, Plaintiff, COMBINED DISCOVERY DEMANDS -against- 7 HANOVER FEE OWNER CO. LLC, COLLABORATIVE Index No: 159135/2021 CONSTRUCTION MANAGEMENT, LLC and JC ELITE CONSTRUCTION SERVICES, LLC, Defendants. .................................................................................x I. DEMAND FOR ADDRESS ES PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the defendant hereby demand a verified statement setting forth the present home address of the plaintiffs, 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 serves upon the undersigned within fifteen (15) days hereof, a supplemental FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 demand setting forth those sums which plaintiff asserts as and for damages with respect to each cause of action alleged against the defendant. IV. DEMAND FOR EMPLOYMENT AUTHORIZATIONS PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff provides, within twenty (20) days, the following: 1) Duty executed authorizations to obtain the complete employment records of plaintiff for the years 2017 to present. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we will 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 employment. V. DEMAND FOR INSURANCE INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), demand is hereby made that you provide to the undersigned, within twenty (20) days of the date of this notice, . copies of the following: 1. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. 2. Each and every insurance agreement in which the insurer is obligated to defend this action. PLEASE TAKE FURTHER NOTICE, that any insurance document and policy produced in response to the above demand shall be the complete document and policy includin FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 but not limited to declaration sheels, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, certificates of insurance, etc. PLEASE TAKE FURTHER NOTICE, that in the event any of the insurance policies are subject to an aggregate limit you are required to state the number of claims brought. against the defendant or any other person or entity insured under such policy during the applicable policy period, the amount sought in each such claim, and the amount already paid, i any; Folgate v. Brookhaven Memorial Hospital, 381 N.Y.S.2d 384. VI. DEMAND FOR MEDICAL INFORMATION AND HOSPITAL AUTHORIZATION PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with the provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintif provides, within twenty (20) days, the following: l. Medical reports and records, including x-rays, CAT scans, intra operative diagnostic films and all other test reconts and results of all of those treating physicians, hospitals, osteopaths, chiropractors and/or other licensed medical professionals who have treated or consulted with plaintiff upon whose testimony plaintiff will rely upon a trial of this action. 2. Duly executed original authorizations to obtain the medical records, x-rays, CAT scans, intra operative diagnostic films, from any osteopaths, chiropractors including and/or other ficensed medical professionals who have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiff in the within action. 3. Duty executed authorizations with respect to any hospitals, clinics or other similar health care providers which have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of plaintiff in the within action. by FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 These authorizations should specifically request all x-rays, CT scans, MRIs, EMGs, Inyelograms, sonograms, intra operative diagnostic films, and all other test records and results. 4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequella of those injuries or conditions allegedly resulting from the events complained of in the within action. 5. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have rendered treatment to plaintiff with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have caused any increase in the sequella of those injuries or conditions allegedly resulting from the events complained of in the within action. PLEASE TAKE FURTHER NOTICE, that the authorizations demanded must include the right for the defendant(s) to conduct ex parte interviews of all nonparty treating physicians as permitted by Arons v. Jutkowitz, 9 N.Y.3d 393, 411(2007). PLEASE TAKE FURTHER NOTICE, that with respect to items numbered "3", "4" and "S", the authorizations to be provided shall state, as well, the approximate period or periods that such services were rendered or provided. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we will make such motions at or prior to trial as are required for the protection of the interests of our client dismissal of this action or the preclusion from offering any evidence with respect including to which responses by plaintiffs have not been given. FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 VII. 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 defendant 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. executed authorizations permitting the defendant to obtain the Duly records of person, institution, or governmental which has provided or will any facility agency 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 made and will be done at defendant's expense and the documents will copying be returned promptly after copying has been completed. VIII. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR §3101, demand is hereby made that you provide, within days, the names and addresses of all persons known to twenty (20) your client or to you, as attorneys for your client, with respect to the following: 1. witnesses to the occurrence and/or events complained of in th Any complaint of plaintiff. 2. Witnesses having knowledge of any alleged: FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 (a) Wrongful act, error or omission allegedly committed or omitted by: (i) The party; (ii) Any other defendant or third-party defendant in this action; (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; (c) 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 oÓ the injuries allegedly sustained, exacerbated or aggravated by reason of the circumstances or events complained of in this action. 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. IX. DEMAND PURSUANT TO CPLR 3101(D) FOR EXPERT DISCLOSURE 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: FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 1. State the name and address of each person you expect to call to give expelt 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 detail" this action, state the subject matter "in reasonable 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 both plaintiff and co-defendant shall be furnished to the undersigned in a timely fashion. This defendant 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. X. 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 provides within twenty (20) days, the following: 1. Duly executed authorization to obtain employment records of the plaintif for the years 2017 to the present. FILED: NEW YORK COUNTY CLERK 03/09/2023 02:32 PM INDEX NO. 159135/2021 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 03/09/2023 2. Duly executed authorization to obtain plaintiff's W-2 records of the plaintiff for the years 2017 to the present. 3. Duly executed authorization to obtain plaintiff's Union Local records. 4. Duly executed authorization to obtain plaintiff's Union Pension Fund records. 5. Duly executed authorization to obtain plaintiff's Union Health and Welfare