Preview
FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_________________________________________________________________Ç
NATHAN COLEMAN, Index No.: 508562/2021
Plaintiff(s),
PLAINTIFF'S RESPONSE TO
-against- NOTICE FOR DISCOVERY
AND INSPECTION, POST
HOTEL SUNRISE and OHM GROUP LLC, DEPOSITION DEMANDS,
DATED MARCH 14, 2022
Defendant(s) & APRIL 20, 2022
_________________________________________________________________Ç
Plaintiff, NATHAN COLEMAN, through his attorneys, THE LAW FIRM OF
DAVIDOFF & ASSOCIATES, P.C., hereby responds to Defendants', HOTEL SUNRISE and
OHM GROUP LLC, Notice for Discovery and Inspection, Post Deposition Demands, dated
March 14, 2022, and April 20, 2022 as follows:
With respect to your demands in your Post Deposition Demands, dated March 14,
2022:
1. The full name, full address and telephone number of AnnMarie, the ex-girlfriend
of the plaintiff testified as having witnessed the accident.
RESPONSE: Below please find Plaintiff's ex-girlfriend's full name and address:
Ann Marie Mack
230-232 Lot Avenue,
Apt 3F
Brooklyn, New York 11212
2. Color copies of the 4 to 5 pictures Plaintiff took of the accident location that he
testified are currently stored in his phone.
FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023
RESPONSE: Upon information and belief, Plaintiff sent all photos he took to our office
and photos were exchanged with our Bill of Particulars.
3. Confirmation on whether the plaintiff is making a claim for any out of pocket
expenses and if so, support such a claim by providing copies of receipts for same.
RESPONSE: Plaintiff is not making a claim for out-of-pocket expenses. At this time
plaintiff reserves the right to supplement his response if and when new information is made
available to Plaintiff or to Plaintiff s counsel.
4. Duly executed HIPAA compliant authorization to obtain Plaintiff s pharmacy
records.
RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance
authorization directed to: Brookdale RX Inc, 1275 Linden Blvd. Brooklyn, NY 11212;
5. Duly executed HIPAA compliant authorization to obtain records for Plaintiff s
Primary Care Physician.
RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance
authorization, directed to: Dr. Yi-Loong C. Woon, Brookdale Hospital, 1 Brookdale Plaza,
Brooklyn, NY 11212;
6. Duly executed HIPAA compliant authorization to obtain records relating to
Plaintiff s stroke he testified to having around August 2020, about 1-2 months prior to the date of
the subject accident.
RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance
authorization, directed to: Brookdale Hospital, 1 Brookdale Plaza, Brooklyn, NY 11212;
FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023
7. Duly executed HIPAA compliant authorization to obtain records relating to
Plaintiff's gunshot wound from Brookdale Hospital and any other facility for which he treated
for the gunshot wound;
RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance
authorization, directed to: Brookdale Hospital, 1 Brookdale Plaza, Brooklyn, NY 11212;
8. Duly executed HIPAA compliant authorization to obtain the Plaintiff s complete
employee file including attendance records relating to Plaintiff's employer at the time of this
subject accident.
RESPONSE: Plaintiff has no recollection of his employer at the time of this subject
accident thus, no lost wages claim is being made.
9. Duly executed HIPAA compliant authorization to obtain the Plaintiff s
employment records for a period of three years prior to the accident.
"8"
RESPONSE: Please refer to Plaintiff s response to item above.
10. Duly executed HIPAA compliant authorization and/or all documentation relating
to Plaintiff's Social Security Disability records including amounts paid monthly and date benefits
began.
RESPONSE: Plaintiff is not in possession of documentation relating to Social Security
Disability; A duly executed HIPAA compliant authorization for Plaintiff s Social Security
Disability records will be provided at a later date.
11. Duly executed HIPAA compliant authorization and copies of Plaintiff's tax
returns to support his lost wage claim.
RESPONSE: Not applicable. Plaintiff is not claiming lost wages.
FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023
12. Address of Plaintiff's residence in North Carolina as he testified, he is currently
living there and has been living there after his accident.
RESPONSE: Plaintiff's current address is: 317 Monk Street, Magnolia NC, 28453;
With respect to your demands in your Notice for Discovery and Inspection, dated
April 20, 2022:
1. Duly executed, HIPAA compliant authorization (s), unlimited in time, to obtain
the records related to all of plaintiff's pharmacy records, as referenced in his hospital records;
RESPONSE: Duly executed, HIPAA compliant authorization (s), to obtain the records
related to all of plaintiff's pharmacy records, is annexed with this response.
2. Duly executed, HIPAA compliant authorization (s), unlimited in time, to obtain
all records related to Plaintiff's prior hip injury.
RESPONSE: OBJECTION. Plaintiff objects to this demand on the grounds that in
Plaintiff's Deposition dated March 01, 2022, Plaintiff states he did not injure his left hip.
PLEASE TAKE NOTICE, Plaintiff reserves the right to amend and/or supplement this
response if and when new information is made available to Plaintiff or to Plaintiff's counsel.
Dated: Forest Hills, New York
June , 2022
PRY. RA, ESQ.
THE LAW FIRM OF DAVIDOFF
& ASSOCIATES
Attorneys for Plaintif(s)
NATHAN COLEMAN
108-18 Queens Blvd., Suite 404
Forest Hills, NY 11375
(718) 268-880
FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023
To:
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP
Attorneys for Defendant(s)
HOTEL SUNRISE & OHM GROUP LLC,
150E42nd
New York,NY 10017
(914) 915-5268
Preview
FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _________________________________________________________________Ç NATHAN COLEMAN, Index No.: 508562/2021 Plaintiff(s), PLAINTIFF'S RESPONSE TO -against- NOTICE FOR DISCOVERY AND INSPECTION, POST HOTEL SUNRISE and OHM GROUP LLC, DEPOSITION DEMANDS, DATED MARCH 14, 2022 Defendant(s) & APRIL 20, 2022 _________________________________________________________________Ç Plaintiff, NATHAN COLEMAN, through his attorneys, THE LAW FIRM OF DAVIDOFF & ASSOCIATES, P.C., hereby responds to Defendants', HOTEL SUNRISE and OHM GROUP LLC, Notice for Discovery and Inspection, Post Deposition Demands, dated March 14, 2022, and April 20, 2022 as follows: With respect to your demands in your Post Deposition Demands, dated March 14, 2022: 1. The full name, full address and telephone number of AnnMarie, the ex-girlfriend of the plaintiff testified as having witnessed the accident. RESPONSE: Below please find Plaintiff's ex-girlfriend's full name and address: Ann Marie Mack 230-232 Lot Avenue, Apt 3F Brooklyn, New York 11212 2. Color copies of the 4 to 5 pictures Plaintiff took of the accident location that he testified are currently stored in his phone. FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023 RESPONSE: Upon information and belief, Plaintiff sent all photos he took to our office and photos were exchanged with our Bill of Particulars. 3. Confirmation on whether the plaintiff is making a claim for any out of pocket expenses and if so, support such a claim by providing copies of receipts for same. RESPONSE: Plaintiff is not making a claim for out-of-pocket expenses. At this time plaintiff reserves the right to supplement his response if and when new information is made available to Plaintiff or to Plaintiff s counsel. 4. Duly executed HIPAA compliant authorization to obtain Plaintiff s pharmacy records. RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance authorization directed to: Brookdale RX Inc, 1275 Linden Blvd. Brooklyn, NY 11212; 5. Duly executed HIPAA compliant authorization to obtain records for Plaintiff s Primary Care Physician. RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance authorization, directed to: Dr. Yi-Loong C. Woon, Brookdale Hospital, 1 Brookdale Plaza, Brooklyn, NY 11212; 6. Duly executed HIPAA compliant authorization to obtain records relating to Plaintiff s stroke he testified to having around August 2020, about 1-2 months prior to the date of the subject accident. RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance authorization, directed to: Brookdale Hospital, 1 Brookdale Plaza, Brooklyn, NY 11212; FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023 7. Duly executed HIPAA compliant authorization to obtain records relating to Plaintiff's gunshot wound from Brookdale Hospital and any other facility for which he treated for the gunshot wound; RESPONSE: Annexed hereto, please find a duly executed, HIPAA compliance authorization, directed to: Brookdale Hospital, 1 Brookdale Plaza, Brooklyn, NY 11212; 8. Duly executed HIPAA compliant authorization to obtain the Plaintiff s complete employee file including attendance records relating to Plaintiff's employer at the time of this subject accident. RESPONSE: Plaintiff has no recollection of his employer at the time of this subject accident thus, no lost wages claim is being made. 9. Duly executed HIPAA compliant authorization to obtain the Plaintiff s employment records for a period of three years prior to the accident. "8" RESPONSE: Please refer to Plaintiff s response to item above. 10. Duly executed HIPAA compliant authorization and/or all documentation relating to Plaintiff's Social Security Disability records including amounts paid monthly and date benefits began. RESPONSE: Plaintiff is not in possession of documentation relating to Social Security Disability; A duly executed HIPAA compliant authorization for Plaintiff s Social Security Disability records will be provided at a later date. 11. Duly executed HIPAA compliant authorization and copies of Plaintiff's tax returns to support his lost wage claim. RESPONSE: Not applicable. Plaintiff is not claiming lost wages. FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023 12. Address of Plaintiff's residence in North Carolina as he testified, he is currently living there and has been living there after his accident. RESPONSE: Plaintiff's current address is: 317 Monk Street, Magnolia NC, 28453; With respect to your demands in your Notice for Discovery and Inspection, dated April 20, 2022: 1. Duly executed, HIPAA compliant authorization (s), unlimited in time, to obtain the records related to all of plaintiff's pharmacy records, as referenced in his hospital records; RESPONSE: Duly executed, HIPAA compliant authorization (s), to obtain the records related to all of plaintiff's pharmacy records, is annexed with this response. 2. Duly executed, HIPAA compliant authorization (s), unlimited in time, to obtain all records related to Plaintiff's prior hip injury. RESPONSE: OBJECTION. Plaintiff objects to this demand on the grounds that in Plaintiff's Deposition dated March 01, 2022, Plaintiff states he did not injure his left hip. PLEASE TAKE NOTICE, Plaintiff reserves the right to amend and/or supplement this response if and when new information is made available to Plaintiff or to Plaintiff's counsel. Dated: Forest Hills, New York June , 2022 PRY. RA, ESQ. THE LAW FIRM OF DAVIDOFF & ASSOCIATES Attorneys for Plaintif(s) NATHAN COLEMAN 108-18 Queens Blvd., Suite 404 Forest Hills, NY 11375 (718) 268-880 FILED: KINGS COUNTY CLERK 03/15/2023 07:52 PM INDEX NO. 508562/2021 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 03/15/2023 To: WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Attorneys for Defendant(s) HOTEL SUNRISE & OHM GROUP LLC, 150E42nd New York,NY 10017 (914) 915-5268