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FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------___------_Ç
MARYANN CALISE and DALE MARGARET DERBY,
Plaintiff, Index No.: 606343/2022
-against- VERIFIED BILL OF
PARTICULARS
NICHOLAS VOLLARO and ANITA C. VOLLARO,
Defendants.
---_ _----- ____-,.---------------------------------__--------------------Ç
Plaintiffs, MARYANN CALISE and DALE MARGARET DERBY, by their
attorneys, LITE & RUSSELL, PLLC, answering the demands of the Defendants,
NICHOLAS VOLLARO and ANITA C. VOLLARO, as thier Verified Bill of Particulars,
respectfully alleges and shows as follows:
1. MARYANN CALISE: a) Date of Birth: 11/12/1947;
b) Present Address: 856 Tanglewood Road, West Islip,
New York 11795;
c) Address at time of the accident: please refer to (b);
d) Social Security No.: xxx-xx-7681.
DALE MARGARET DERBY: a) Date of Birth: 07/15/1950;
b) Present Address: 856 Tanglewood Road, West
Islip, New York 11795;
c) Address at time of the accident:
d) Social Security No.: xxx-xx-7755.
2. The accident occurred on March 14, 2022 at approximately 10:15 a.m.
its'
3. The accident occurred on Union Boulevard at or near intersection with Saxon
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Boulevard, Town of Islip, County of Suffolk, and State of New York.
4. Please refer to the annexed MV-104.
5. Plaintiff DALE MARGARET DERBY was in the driver's seat during the accident and
plaintiff MARYANN CALISE was in the passenger seat during the accident.
6. Please see annexed MV-104.
7. Please see annexed MV-104.
defendants'
8. The defendants were negligent and careless in the manner in which the
motor vehicle was operated, supervised and/or controlled; had failed to manage the
motor vehicle in a reasonable manner; had operated the motor vehicle at an excessive
and dangerous rate of speed; had failed to have the vehicle under proper and reasonable
control; had failed to keep a proper lookout; had failed to make proper observation; had
failed to apply the brakes, slow down and/or stop prior to striking the plaintiff's vehicle;
had operated the vehicle in a reckless manner; had failed to have the vehicle equipped
with good and sufficient brakes and other mechanical parts; had failed to maintain the
vehicle in a safe and proper operative condition; had failed to observe the traffic
conditions that existed at the time and place of the accident; had failed to operate the
vehicle in a prudent manner; had failed to observe any other vehicle; had failed to take
such steps to avoid the accident herein; had failed to properly steer, turn away or take
such steps upon notice of the other vehicle to avoid the collision; had failed to use such
caution, restraint and care as was required under the situation in order to avoid the
accident herein; had failed to sound horn, give prior or adequate warning or sound of
approach in order to avoid the accident; and had failed to exercise the reasonable care,
caution and forbearance that a prudent driver would and should have exercised under
the circumstances and situation that prevailed and existed at the time and place of the
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accident.
9. The court will take judicial notice of any such act, rule, regulation, statue, ordinance,
order or requirement that the defendant had or may have violated.
10. The following injuries were caused, initiated, and/or precipitated as result of the
foregoing accident:
MARYANN CALISE
" Grade I anterolisthesis of L4-L5;
" L1 vertebral moderate superior endplate compression
body fracture;
" Acute to subacute transverse fracture of the body of the sternum
without displacement;
" Muscle spasm;
" Myalgia;
INJECTIONS
" Plaintiff received a steroid intra-articular injection on March 30,
2022 performed by Vincent Johnson, D.O.;
SURGERY
" Plaintiff received a radiofrequency ablation performed Vincent
by
Johnson, D.O., medical authorizations annexed hereto.
DALE MARGARET DERBY
" Superior endplate fracture of T3;
" Posterocentral disc herniation at C3-C4 which deforms the thecal sac;
" Annular bulges, posterior vertebral spurring, bilateral uncovertebral
spurring and flaval ligament thickening at C4-C5 and C5-C6, resulting
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in mass effect on thecal sac and spinal cord, bilateral foraminal
narrowing;
" Annular bulge, posterior vertebral spurring, bilateral uncovertebral
spurring, and flaval ligament thickening at C6-C7, resulting in mass
effect on the thecal sac and bilateral foraminal encroacinnent;
" Cervical spinal stenosis, most marked at C4-C5 and C5-C6;
" Posterior disc heriation at C7-T11 eccentric toward the right
slightly
with mass effect on the thecal sac;
" Loss of nonnal cervical lordosis resulting muscle spasm and pain;
" T3-T4 left paracentral disc herniation impinging upon the ventral
thecal sac;
" T7-T8 right paracentral/lateral recess disc hemiation upon
impinging
the ventral thecal sac;
INJECTIONS
" Plaintiff received a cervical medial branch block on March 21,
2022, perfonned by Vincent Johnson, D.O.;
SURGERY
" Plaintiff received a radiofrequency ablation perfonned Vincent
by
Johnson, D.O., medical authorizations annexed hereto.
The injuries to those parts of the plaintiff's body as set forth above are permanent and
they have weakened those parts of the body and rendered them more susceptible to
future trauma so that they have prevented, and will in the future prevent the plaintiff
from engaging in some or all physical activities, involving movement of those injured
parts of plaintiff's body, and including, but not limited to, physical exercise for health
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or pleasure, sports and business activities which plaintiff fonnerly engaged in, and
limitations of movement involved in the course of daily living, with the resultant
inactivity being detrimental to plaintiff s health and wellbeing. Plaintiff will claim all
injuries to be pennanent as of this time, except those of a superficial nature, since
plaintiff continues to suffer from the residual after effects of said injuries, including
pain, discomfort, and general debilitation.
11. Refer to response 10 above.
12. The plaintiffs have sustained serious injury as defined in Section 5102(d) of the
Insurance Law and/or economic loss greater than basic economic loss as defined in
Section 5102(a) and 5104 of the Insurance Law in that plaintiffs have permanent
consequential limitation of use of a body organ or member; fracture; significant
limitation of use of a body function or system; or a medically determined injury or
impairment of a non-pennanent nature which prevents the injured person from
performing substantially all of the material acts which constitute such person's usual
and customary daily activities for not less than ninety days during the one hundred
eighty days immediately following the occurrence of the injury or impairment.
13. a) Plaintiff MARYANN CALISE was confined to bed intennittently following the
accident.
Plaintiff DALE MARGARET DERBY was confined to bed for interrnittently month
following the accident.
b) Plaintiff MARYANN CALISE was confined to the house intennittently following
the accident.
Plaintiff DALE MARGARET DERBY was confined to the house intermittently
following the accident.
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c) Plaintiff MARYANN CALISE was confined to the hospital emergency room
following the accident.
Plaintiff DALE MARGARET DERBY was confined to the hospital emergency room
following the accident.
14. Both plaintiffs were confined to and treated at Southside Hospital, 301 East Main
Street, Bayshore, New York 11706.
15. Plaintiff MARYANN CALISE, treated at Community Care Chiropractic, 1941 Deer
Park Avenue, Deer Park, New York 11729; Southside Hospital, 301 East Main Street,
Bayshore, New York 11706; New York Spine & Pain, 500 West Main Street, Ste.
116, Babylon, New York 11702; Zwanger-Pesiri Radiology, 759 Montauk Highway,
West Islip, New York 11795.
Plaintiff DALE MARGARET DERBY treated at Community Care Chiropractic,
1941 Deer Park Avenue, Deer Park, New York 11729; Dr. Raymond Baule, 500
Montauk Highway, West Islip, New York 11795; Southside Hospital, 301 East Main
Street, Bay Shore, New York 11706; New York Spine & Pain, 500 West Main Street,
Ste. 116, Babylon, New York 11702.
16. Not applicable, both plaintiffs are retired and are not making a claim for lost wages.
17. Not applicable, both plaintiffs are retired and are not making a claim for lost wages.
18. Not applicable, both plaintiffs are retired and are not making a claim for lost wages.
19. Not applicable, both plaintiffs are retired and are not making a claim for lost wages.
20. Medical special damages have been paid by the no fault carrier. Merchants Insurance
Group, 1393 Veterans Memorial Hwy, # 410N, Hauppauge, New York 11788, Claim
No.: PA09993003. The plaintiff does not seek reimbursement of medical expenses and
other medical special damages to the extent that they were paid by an insurance
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company, provided said company does not maintain a statutory lien for said payments.
Plaintiff is also claiming out of pocket expenses. Amount to be detennined. See
annexed copies of plaintiffs claimed out of pocket expenses. The plaintiff's damages
are ongoing and cannot be fully evaluated at this time.
21. Not applicable.
Plaintiff expressly reserves the right to edit, amend, augment, redact and/or supplement
this Verified Bill of Particulars.
Dated: West Islip, New York
August 10, 2022
Yours, etc.
LITE & RUSSELL, PLLC
Attorneys for Plaintiff's
MARYANN CAUSE and DALE MARGARET DERBY
212 Higbie Lane
West Islip, New York 11795
(631) 669-3710
TO: McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants
NICHOLAS VOLLARO and ANITA C. VOLLARO
7d'
55 Washington Street Floor
Brooklyn, NY 11201
(212) 747-1230
File#: 799.4226
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____-------------------..-----------------------_________---_____------Ç
MARYANN CALISE and DALE MARGARET DERBY,
Plaintiff, Index No.: 606343/2022
-against- RESPONSE TO
COMBINED DEMANDS
NICHOLAS VOLLARO and ANITA C. VOLLARO,
Defendant.
___..--____----------__--------____--_____________--.._____-___----------Ç
Plaintiffs, MARYANN CALISE and DALE MARGARET DERBY, by their
attorneys, LITE & RUSSELL, PLLC, answering the Combined Demands of the
Defendants, NICHOLAS VOLLARO and ANITA C. VOLLARO, as their Response to
Combined Demands respectfully states as follows:
DEMAND FOR INSURANCE
Merchants Insurance Group, 1393 Veterans Memorial Hwy, # 410N, Hauppauge, New
York 11788, Claim No.: PA09993003. Authorization annexed hereto.
DEMAND FOR PHOTOGRAPHS
Please find three (3) color photographs annexed hereto.
DEMAND FOR NAMES AND ADDRESES OF ALL WITNESSES
- Police Officer Glenys Badge No.:
Gonzalez, 722735;
- Tom Wallace, Jr., (516) 800-2606;
DEMAND FOR MEDICAL INFORMATION AND AUTHORIZATIONS
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MARYANN CALISE
- Care 1941 Deer Park Deer New York
Community Chiropractic, Avenue, Park,
11729;
- Southside 301 East Main New York
Hospital, Street, Bayshore, 11706;
- New York Spine & 500 West Main Ste. New York
Pain, Street, 116, Babylon,
11702;
- Zwanger-Pesiri 759 Montauk West New York 11795.
Radiology, Highway, Islip,
DALE MARGARET DERBY
- Care 1941 Deer Park Deer New York
Community Chiropractic, Avenue, Park,
11729;
- Dr. Raymond 500 Montauk West New York
Baule, Highway, Islip, 11795;
- Southside 301 East Main New York
Hospital, Street, Bay Shore, 11706;
- New York Spine & 500 West Main Ste. New York
Pain, Street, 116, Babylon,
11702.
All medical authorizations annexed hereto.
DEMAND PURUANT TO CPLR SECTIONS 3101 AND 4545 FOR
COLLATERAL SOURCE PAYMENTS INFORMATION
Merchants Insurance Group, 1393 Veterans Memorial Hwy, # 410N, Hauppauge, New
York 11788, Claim No.: PA09993003. Authorization annexed hereto.
DEMAND FOR EXPERT WITNESS DISCLOSURE
No experts have been retained at this time to testify other than the plaintiff's treating
physicians. Please be advised that plaintiff intends on calling to the trial for medical
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testimony on the issues of serious injury, proximate cause, causal relationship, diagnosis,
prognosis, pennanency and disability, the plaintiff's treating physicians and medical
professionals previously listed, identified, and disclosed herein treating physicians that
have provided treatment to the plaintiff for injuries caused by this accident and claimed in
this lawsuit. Please be further advised that treating physicians are exempt from and do not
require traditional CPLR 3101 notices of expert disclosure in order to testify at trial
concerning their treatment, diagnosis and prognosis related to their care of the plaintiff as
long as those treating physicians are disclosed and either authorizations for their records
and/or copies of their records are furnished to the defense counsel. You are hereby
notified herein that the plaintiff's treating physicians are intended to be called as expert
medical witnesses to testify at a damages trial concerning the treatment, diagnosis and
prognosis of the plaintiff related to the injuries sustained and causely related to this
accident and that both authorizations valid through the end of this litigation as well as
hard copies of the records in our possession have been provided herein in compliance
with New York State case law and binding precedent upon this jurisdiction. See:
Overeem v. Neuhoff 254 A.D.2d 398 (2d Dept. 1998); McGee v. Family Care Services,
(1St
246 AD2d 308 Dept. 1998); Logan v. Roman. 58 A.D. 3d 810 (2d Dept. 2009); Ryan
(1St
v. City of New York, 269 A.D. 2d 170 Dept. 2000); Hughes v. Webb, 40 A.D. 3d
1035 (2d Dept. 2007); Lonehorn v. County of Nassau, 40 A.D. 3d 1045 (2d Dept. 2007):
MARYANN CALISE, Community Care Chiropractic, 1941 Deer Park Avenue, Deer
Park, New York 11729; Southside Hospital, 301 East Main Street, Bayshore, New York
11706; New York Spine & Pain, 500 West Main Street, Ste. 116, Babylon, New York
11702; Zwanger-Pesiri Radiology, 759 Montauk Highway, West Islip, New York 11795.
DALE MARGARET DERBY, Community Care Chiropractic, 1941 Deer Park Avenue,
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Deer Park, New York 11729; Dr. Raymond Baule, 500 Montauk Highway, West Islip,
New York 11795; Southside Hospital, 301 East Main Street, Bay Shore, New York
11706; New York Spine & Pain, 500 West Main Street, Ste. 116, Babylon, New York
11702. All medical authorizations annexed hereto.
DEMAND FOR STATEMENTS
plaintiffs'
None in possession.
DEMAND FOR TAX RETURNS
Not applicable, both plaintiffs are retired and are not making a claim for lost wages.
DEMAND FOR EMPLOYMENT AUTHORIZATION
Not applicable, both plaintiffs are retired and are not making a claim for lost wages.
DEMAND FOR MEDICARE AND MEDICAID INFORMATION
Both plaintiffs are Medicare recipients.
- MaryAnn Calise: ID No.: 5X65RM1KE68;
- Dale Margaret Derby: ID No.: 5HD7DF6RU65.
Authorizations annexed hereto.
DEMAND FOR SOCIAL MEDIAL AUTHORIZATIONS
Plaintiff objects to this demand as vague, overbroad, and beyond the scope of permissible
discovery.
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Dated: West Islip, New York
August 10, 2022
Yours, etc.
LITE & RUSSELL, PLLC
Attorneys for Plaintiff's
MARYANN CALISE and DALE MARGARET DERBY
212 Higbie Lane
West Islip, New York 11795
(631) 669-3710
TO: McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants
NICHOLAS VOLLARO and AN1TA C. VOLLARO
7"'
55 Washington Street Floor
Brooklyn, NY 11201
(212) 747-1230
File#: 799.4226
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
EVELYN HERNANDEZ, being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and resides in
Suffolk, New York.
Preview
FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------___------_Ç MARYANN CALISE and DALE MARGARET DERBY, Plaintiff, Index No.: 606343/2022 -against- VERIFIED BILL OF PARTICULARS NICHOLAS VOLLARO and ANITA C. VOLLARO, Defendants. ---_ _----- ____-,.---------------------------------__--------------------Ç Plaintiffs, MARYANN CALISE and DALE MARGARET DERBY, by their attorneys, LITE & RUSSELL, PLLC, answering the demands of the Defendants, NICHOLAS VOLLARO and ANITA C. VOLLARO, as thier Verified Bill of Particulars, respectfully alleges and shows as follows: 1. MARYANN CALISE: a) Date of Birth: 11/12/1947; b) Present Address: 856 Tanglewood Road, West Islip, New York 11795; c) Address at time of the accident: please refer to (b); d) Social Security No.: xxx-xx-7681. DALE MARGARET DERBY: a) Date of Birth: 07/15/1950; b) Present Address: 856 Tanglewood Road, West Islip, New York 11795; c) Address at time of the accident: d) Social Security No.: xxx-xx-7755. 2. The accident occurred on March 14, 2022 at approximately 10:15 a.m. its' 3. The accident occurred on Union Boulevard at or near intersection with Saxon 1 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 Boulevard, Town of Islip, County of Suffolk, and State of New York. 4. Please refer to the annexed MV-104. 5. Plaintiff DALE MARGARET DERBY was in the driver's seat during the accident and plaintiff MARYANN CALISE was in the passenger seat during the accident. 6. Please see annexed MV-104. 7. Please see annexed MV-104. defendants' 8. The defendants were negligent and careless in the manner in which the motor vehicle was operated, supervised and/or controlled; had failed to manage the motor vehicle in a reasonable manner; had operated the motor vehicle at an excessive and dangerous rate of speed; had failed to have the vehicle under proper and reasonable control; had failed to keep a proper lookout; had failed to make proper observation; had failed to apply the brakes, slow down and/or stop prior to striking the plaintiff's vehicle; had operated the vehicle in a reckless manner; had failed to have the vehicle equipped with good and sufficient brakes and other mechanical parts; had failed to maintain the vehicle in a safe and proper operative condition; had failed to observe the traffic conditions that existed at the time and place of the accident; had failed to operate the vehicle in a prudent manner; had failed to observe any other vehicle; had failed to take such steps to avoid the accident herein; had failed to properly steer, turn away or take such steps upon notice of the other vehicle to avoid the collision; had failed to use such caution, restraint and care as was required under the situation in order to avoid the accident herein; had failed to sound horn, give prior or adequate warning or sound of approach in order to avoid the accident; and had failed to exercise the reasonable care, caution and forbearance that a prudent driver would and should have exercised under the circumstances and situation that prevailed and existed at the time and place of the 2 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 accident. 9. The court will take judicial notice of any such act, rule, regulation, statue, ordinance, order or requirement that the defendant had or may have violated. 10. The following injuries were caused, initiated, and/or precipitated as result of the foregoing accident: MARYANN CALISE " Grade I anterolisthesis of L4-L5; " L1 vertebral moderate superior endplate compression body fracture; " Acute to subacute transverse fracture of the body of the sternum without displacement; " Muscle spasm; " Myalgia; INJECTIONS " Plaintiff received a steroid intra-articular injection on March 30, 2022 performed by Vincent Johnson, D.O.; SURGERY " Plaintiff received a radiofrequency ablation performed Vincent by Johnson, D.O., medical authorizations annexed hereto. DALE MARGARET DERBY " Superior endplate fracture of T3; " Posterocentral disc herniation at C3-C4 which deforms the thecal sac; " Annular bulges, posterior vertebral spurring, bilateral uncovertebral spurring and flaval ligament thickening at C4-C5 and C5-C6, resulting 3 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 in mass effect on thecal sac and spinal cord, bilateral foraminal narrowing; " Annular bulge, posterior vertebral spurring, bilateral uncovertebral spurring, and flaval ligament thickening at C6-C7, resulting in mass effect on the thecal sac and bilateral foraminal encroacinnent; " Cervical spinal stenosis, most marked at C4-C5 and C5-C6; " Posterior disc heriation at C7-T11 eccentric toward the right slightly with mass effect on the thecal sac; " Loss of nonnal cervical lordosis resulting muscle spasm and pain; " T3-T4 left paracentral disc herniation impinging upon the ventral thecal sac; " T7-T8 right paracentral/lateral recess disc hemiation upon impinging the ventral thecal sac; INJECTIONS " Plaintiff received a cervical medial branch block on March 21, 2022, perfonned by Vincent Johnson, D.O.; SURGERY " Plaintiff received a radiofrequency ablation perfonned Vincent by Johnson, D.O., medical authorizations annexed hereto. The injuries to those parts of the plaintiff's body as set forth above are permanent and they have weakened those parts of the body and rendered them more susceptible to future trauma so that they have prevented, and will in the future prevent the plaintiff from engaging in some or all physical activities, involving movement of those injured parts of plaintiff's body, and including, but not limited to, physical exercise for health 4 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 or pleasure, sports and business activities which plaintiff fonnerly engaged in, and limitations of movement involved in the course of daily living, with the resultant inactivity being detrimental to plaintiff s health and wellbeing. Plaintiff will claim all injuries to be pennanent as of this time, except those of a superficial nature, since plaintiff continues to suffer from the residual after effects of said injuries, including pain, discomfort, and general debilitation. 11. Refer to response 10 above. 12. The plaintiffs have sustained serious injury as defined in Section 5102(d) of the Insurance Law and/or economic loss greater than basic economic loss as defined in Section 5102(a) and 5104 of the Insurance Law in that plaintiffs have permanent consequential limitation of use of a body organ or member; fracture; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-pennanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. 13. a) Plaintiff MARYANN CALISE was confined to bed intennittently following the accident. Plaintiff DALE MARGARET DERBY was confined to bed for interrnittently month following the accident. b) Plaintiff MARYANN CALISE was confined to the house intennittently following the accident. Plaintiff DALE MARGARET DERBY was confined to the house intermittently following the accident. 5 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 c) Plaintiff MARYANN CALISE was confined to the hospital emergency room following the accident. Plaintiff DALE MARGARET DERBY was confined to the hospital emergency room following the accident. 14. Both plaintiffs were confined to and treated at Southside Hospital, 301 East Main Street, Bayshore, New York 11706. 15. Plaintiff MARYANN CALISE, treated at Community Care Chiropractic, 1941 Deer Park Avenue, Deer Park, New York 11729; Southside Hospital, 301 East Main Street, Bayshore, New York 11706; New York Spine & Pain, 500 West Main Street, Ste. 116, Babylon, New York 11702; Zwanger-Pesiri Radiology, 759 Montauk Highway, West Islip, New York 11795. Plaintiff DALE MARGARET DERBY treated at Community Care Chiropractic, 1941 Deer Park Avenue, Deer Park, New York 11729; Dr. Raymond Baule, 500 Montauk Highway, West Islip, New York 11795; Southside Hospital, 301 East Main Street, Bay Shore, New York 11706; New York Spine & Pain, 500 West Main Street, Ste. 116, Babylon, New York 11702. 16. Not applicable, both plaintiffs are retired and are not making a claim for lost wages. 17. Not applicable, both plaintiffs are retired and are not making a claim for lost wages. 18. Not applicable, both plaintiffs are retired and are not making a claim for lost wages. 19. Not applicable, both plaintiffs are retired and are not making a claim for lost wages. 20. Medical special damages have been paid by the no fault carrier. Merchants Insurance Group, 1393 Veterans Memorial Hwy, # 410N, Hauppauge, New York 11788, Claim No.: PA09993003. The plaintiff does not seek reimbursement of medical expenses and other medical special damages to the extent that they were paid by an insurance 6 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 company, provided said company does not maintain a statutory lien for said payments. Plaintiff is also claiming out of pocket expenses. Amount to be detennined. See annexed copies of plaintiffs claimed out of pocket expenses. The plaintiff's damages are ongoing and cannot be fully evaluated at this time. 21. Not applicable. Plaintiff expressly reserves the right to edit, amend, augment, redact and/or supplement this Verified Bill of Particulars. Dated: West Islip, New York August 10, 2022 Yours, etc. LITE & RUSSELL, PLLC Attorneys for Plaintiff's MARYANN CAUSE and DALE MARGARET DERBY 212 Higbie Lane West Islip, New York 11795 (631) 669-3710 TO: McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendants NICHOLAS VOLLARO and ANITA C. VOLLARO 7d' 55 Washington Street Floor Brooklyn, NY 11201 (212) 747-1230 File#: 799.4226 7 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____-------------------..-----------------------_________---_____------Ç MARYANN CALISE and DALE MARGARET DERBY, Plaintiff, Index No.: 606343/2022 -against- RESPONSE TO COMBINED DEMANDS NICHOLAS VOLLARO and ANITA C. VOLLARO, Defendant. ___..--____----------__--------____--_____________--.._____-___----------Ç Plaintiffs, MARYANN CALISE and DALE MARGARET DERBY, by their attorneys, LITE & RUSSELL, PLLC, answering the Combined Demands of the Defendants, NICHOLAS VOLLARO and ANITA C. VOLLARO, as their Response to Combined Demands respectfully states as follows: DEMAND FOR INSURANCE Merchants Insurance Group, 1393 Veterans Memorial Hwy, # 410N, Hauppauge, New York 11788, Claim No.: PA09993003. Authorization annexed hereto. DEMAND FOR PHOTOGRAPHS Please find three (3) color photographs annexed hereto. DEMAND FOR NAMES AND ADDRESES OF ALL WITNESSES - Police Officer Glenys Badge No.: Gonzalez, 722735; - Tom Wallace, Jr., (516) 800-2606; DEMAND FOR MEDICAL INFORMATION AND AUTHORIZATIONS 8 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 MARYANN CALISE - Care 1941 Deer Park Deer New York Community Chiropractic, Avenue, Park, 11729; - Southside 301 East Main New York Hospital, Street, Bayshore, 11706; - New York Spine & 500 West Main Ste. New York Pain, Street, 116, Babylon, 11702; - Zwanger-Pesiri 759 Montauk West New York 11795. Radiology, Highway, Islip, DALE MARGARET DERBY - Care 1941 Deer Park Deer New York Community Chiropractic, Avenue, Park, 11729; - Dr. Raymond 500 Montauk West New York Baule, Highway, Islip, 11795; - Southside 301 East Main New York Hospital, Street, Bay Shore, 11706; - New York Spine & 500 West Main Ste. New York Pain, Street, 116, Babylon, 11702. All medical authorizations annexed hereto. DEMAND PURUANT TO CPLR SECTIONS 3101 AND 4545 FOR COLLATERAL SOURCE PAYMENTS INFORMATION Merchants Insurance Group, 1393 Veterans Memorial Hwy, # 410N, Hauppauge, New York 11788, Claim No.: PA09993003. Authorization annexed hereto. DEMAND FOR EXPERT WITNESS DISCLOSURE No experts have been retained at this time to testify other than the plaintiff's treating physicians. Please be advised that plaintiff intends on calling to the trial for medical 9 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 testimony on the issues of serious injury, proximate cause, causal relationship, diagnosis, prognosis, pennanency and disability, the plaintiff's treating physicians and medical professionals previously listed, identified, and disclosed herein treating physicians that have provided treatment to the plaintiff for injuries caused by this accident and claimed in this lawsuit. Please be further advised that treating physicians are exempt from and do not require traditional CPLR 3101 notices of expert disclosure in order to testify at trial concerning their treatment, diagnosis and prognosis related to their care of the plaintiff as long as those treating physicians are disclosed and either authorizations for their records and/or copies of their records are furnished to the defense counsel. You are hereby notified herein that the plaintiff's treating physicians are intended to be called as expert medical witnesses to testify at a damages trial concerning the treatment, diagnosis and prognosis of the plaintiff related to the injuries sustained and causely related to this accident and that both authorizations valid through the end of this litigation as well as hard copies of the records in our possession have been provided herein in compliance with New York State case law and binding precedent upon this jurisdiction. See: Overeem v. Neuhoff 254 A.D.2d 398 (2d Dept. 1998); McGee v. Family Care Services, (1St 246 AD2d 308 Dept. 1998); Logan v. Roman. 58 A.D. 3d 810 (2d Dept. 2009); Ryan (1St v. City of New York, 269 A.D. 2d 170 Dept. 2000); Hughes v. Webb, 40 A.D. 3d 1035 (2d Dept. 2007); Lonehorn v. County of Nassau, 40 A.D. 3d 1045 (2d Dept. 2007): MARYANN CALISE, Community Care Chiropractic, 1941 Deer Park Avenue, Deer Park, New York 11729; Southside Hospital, 301 East Main Street, Bayshore, New York 11706; New York Spine & Pain, 500 West Main Street, Ste. 116, Babylon, New York 11702; Zwanger-Pesiri Radiology, 759 Montauk Highway, West Islip, New York 11795. DALE MARGARET DERBY, Community Care Chiropractic, 1941 Deer Park Avenue, 10 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 Deer Park, New York 11729; Dr. Raymond Baule, 500 Montauk Highway, West Islip, New York 11795; Southside Hospital, 301 East Main Street, Bay Shore, New York 11706; New York Spine & Pain, 500 West Main Street, Ste. 116, Babylon, New York 11702. All medical authorizations annexed hereto. DEMAND FOR STATEMENTS plaintiffs' None in possession. DEMAND FOR TAX RETURNS Not applicable, both plaintiffs are retired and are not making a claim for lost wages. DEMAND FOR EMPLOYMENT AUTHORIZATION Not applicable, both plaintiffs are retired and are not making a claim for lost wages. DEMAND FOR MEDICARE AND MEDICAID INFORMATION Both plaintiffs are Medicare recipients. - MaryAnn Calise: ID No.: 5X65RM1KE68; - Dale Margaret Derby: ID No.: 5HD7DF6RU65. Authorizations annexed hereto. DEMAND FOR SOCIAL MEDIAL AUTHORIZATIONS Plaintiff objects to this demand as vague, overbroad, and beyond the scope of permissible discovery. 11 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 Dated: West Islip, New York August 10, 2022 Yours, etc. LITE & RUSSELL, PLLC Attorneys for Plaintiff's MARYANN CALISE and DALE MARGARET DERBY 212 Higbie Lane West Islip, New York 11795 (631) 669-3710 TO: McMAHON, MARTINE & GALLAGHER, LLP Attorneys for Defendants NICHOLAS VOLLARO and AN1TA C. VOLLARO 7"' 55 Washington Street Floor Brooklyn, NY 11201 (212) 747-1230 File#: 799.4226 12 of 14 FILED: SUFFOLK COUNTY CLERK 03/06/2023 03:44 PM INDEX NO. 606343/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 03/06/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) EVELYN HERNANDEZ, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides in Suffolk, New York.