Preview
FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
NOTICE FOR
Plaintiff, DISCLOSURE AND
PRODUCTION
-against-
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
---------_______________________________________________________-----Ç
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. you are hereby required to
produce for discovery and supply to REBORE, THORPE & PISARELLO, P.C., attorneys for
defendant(s), at their offices 500 Bi-County Blvd., Suite 102, Farmingdale, New York 11735,
within twenty (20) days from the date of service of this demand, the following information,
documents, and items requested for the purpose of inspection and/or copying:
1. All medical reports and records relating to the care or treatment of the plaintiff(s) by each
physician and/or other health care provider who rendered care or examined plaintiff as a result of
the incidents alleged in the complaint.
2. A duly written and executed authorization permitting defendant(s) to obtain and make
copies of all hospital or health care facility records relating to care provided plaintiff as alleged in
the complaint.
3. The name, address and telephone number of each attorney, other than the undersigned,
who has appeared in the within action as well as copies of all papers previously served in the within
action but not heretofore served on the undersigned.
4. The names, addresses and telephone numbers of each and every witness known or
claimed by you or any party you represent in this action with respect to any of the following:
(a) the occurrence alleged in the complaint; or
(b) any acts, omissions, or conditions which allegedly caused the occurrence
alleged in the complaint; or
(c) any actual notice allegedly given to the defendant or any employee of defendant
of any condition which allegedly caused or contributed to the occurrence
alleged in complaint; and/or
(d) the nature and duration of any alleged condition which allegedly caused the
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amount of coverage and a copy of each policy.
13. All accident reports prepared in the regular course of business relating to the occurrence
alleged in the complaint.
PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during
the pendency of this action, including the trial thereof. In the event of failure or refusal to comply
with this demand, the defendant(s) shall undertake a motion for the appropriate relief.
Dated: May 3, 2023
Farmingdale, New York
By: Timothy J. Dun , III
REBORE, THORPE PISARELLO, P.C.
Attorneys for Defent ts
500 Boult vard
Bi-County
Suite 102
Farmingdale, NY 11735
(631) 249-6600
TO: KRENTSEL & GUZMAN, LLP
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
2 of 24
FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff, NOTICE FOR PHYSICAL
EXAMINATION(S)
-against- PURSUANT TO CPLR 3121
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
_____________________________________________________________________Ç
COUNSEL:
PLEASE TAKE NOTICE, that pursuant to CPLR 3121, defendants hereby demand that
plaintiff(s) submit to physical examination(s) to be conducted by physician(s) designated by the
defendants, at time(s) and place(s) to be specified by defendants at a future date, mutually
agreeable to all parties, and following completion of each plaintiff(s) examination before trial.
If plaintiff will require the use of an interpreter to translate into a language other than
English, in order for the examining physician to communicate with the plaintiff during the exam,
defendants'
an interpreter will be provided at expense. If an interpreter will be needed, it is
requested that plaintiff notify our office at least five (5) days prior to the scheduled date of exam.
PLEASE TAKE FURTHER NOTICE, that the defendants, by their attorneys Rebore,
Thorpe & Pisarello, set the following conditions under which the physical examination may
occur:
1. Plaintiff will be asked to present some form of photo identification at the time of
the examination, to confirm her/his identity.
2. The plaintiff will be permitted to attend the examination accompanied by his/her
attomey g a representative of his/her choice. In the event that the plaintiff is
incapacitated or a minor, a court-appointed legal guardian for the plaintiff, or an
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infant plaintiff's parent or natural guardian, will also be permitted into the exam
room, during the examination. Any attorney, representative or guardian, admitted
into the exam room is to be admitted solely for the purpose of representing the
plaintiff, and not as an observed and material witness in the action. Such
attorney, representative or guardian will be requested to furnish their full
name and one form of verifying identification. Such attorney, representative or
guardian admitted into the exam room for the purpose of representing plaintiff
should be made aware that he/she can have no role in the examination and should
not interfere with the examination. This includes directing plaintiff not to answer
the examiner's questions going to medical history and/or mechanism of injury, as
well as other medical information the examiner deems to be relevant to
conducting a thorough examination. [see; Allen v. State of New York, 228
(3rd
A.D.2d 1001, 644 N.Y.S.2d 843 Dept. 1996); Tucker v. Bay Shore Stor.
(2nd
Warehouse, 69 A.D.3d 609 Dept. 2010)].
3. Notwithstanding the foregoing, in the event that plaintiff has been noticed to
appear for an examination by a neuropsychologist neither the plaintiff's attorney
nor any other third-party observed will be permitted into the exam room during
the examination, so as to protect the integrity of the testing methods and results.
4. No surreptitious or secret recording of any part of the examination is permitted,
within the exam room or the examiner's facility, by any person, by any means, in
any medium, including, but not limited to, video, audio, or transcription of any
kind, irrespective of whether it is for purposes of use in this action.
5. Plaintiff may not impose any affirmative condition(s) for the examination, by
surprise, at the time of the examination. All conditions under which the exam will
occur, are to be on notice.
Any objection(s) to these conditions, in whole or part, is/are required to be served
in the manner and time set forth by the CPLR.
Dated: May 3, 2023
Farmingdale, New York
By: Timothy J. Du II
REBORE, THORPE & SARELLO, P.C.
Attorneys for Defen a s
500 Bi-County Bou e rd
Suite 102
Farmingdale, NY 1735
(631) 249-6600
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TO: KRENTSEL & GUZMAN, LLP
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
5 of 24
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff,
-against-
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
____-------------------------- ___--------------------------__________Ç
DEMAND FOR DISCLOSURE AS TO
MEDICARE/MEDICAID SOCIAL SECURITY DISABILITY
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and
Rules, the undersigned attorney for defendant hereby demands that you furnish us within (30)
days of the service of this notice the following:
1. A statement as to whether the plaintiff has received benefits from either Medicare,
Medicaid OR Social security Disability at any time, for any reason, not limited to the injuries
alleged in the instant action. If so, please state:
a. Plaintiff's date of birth;
b. Plaintiff's Social Security number;
c. Plaintiff's resident telephone number;
d. The Medicare/Medicaid /Social Security Disability file number;
e. The address of the office handling the plaintiff's
Medicare/Medicaid/Social Security Disability file;
f. Copies of all documents, records, memorandums, notes, etc. in plaintiff's
possession pertaining to plaintiff's receipt of Medicare or Medicaid
benefits; and
g. A duly executed authorization bearing plaintiff's date of birth and Social
Security number permitting this firm and or the representatives of
defendants to obtain copies of plaintiff's Medicaid/Medicare Social
Security Disability records.
2. If plaintiff has not received Medicare/Medicaid/Social Security Disability and is not
eligible for same, please have plaintiff execute the attached affidavit.
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR, this is a continuing
demand and that you are required to serve the demanded information by the earliest of the
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following:
a. Within 30 days of the date of this demand;
b. Within 20 days of receiving the above-requested information;
c. No later than 30 days prior to the commencement of trial.
If you do not possess the above-requested information, a letter or affidavit to that effect
should be submitted.
PLEASE TAKE FURTHER NOTICE, that failure to provide the items demanded above
within (20) days will preclude plaintiff from proving liability, causation and damages at trial.
Dated: May 3, 2023
Farmingdale, New York
By: Timothy J. Du n, III
REBORE, THORPI & PISARELLO, P.C.
Attorneys for Defennants
500 Bi-County Boul yard
Suite 102
Farmingdale, NY 1 735
(631) 249-6600
TO: KRENTSEL & GUZMAN, LLP
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
7 of 24
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff, AFFIDAVIT
-against-
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
___________---_________________---------------------------___________Ç
STATE OF NEW YORK
sS:
COUNTY OF
JAMES GEOFFREY, being duly sworn, states the following is true under the penalties of
perjury:
1. I am the plaintiff in the above action.
2. I have never made a claim for Medicare and/or Social Security Disability benefits.
3. I do not intend to make a claim for Medicare and/or Social Security Disability
benefits.
4. I am not eligible for Medicare and/or Social Security
Disability benefits.
5. I do not have a Medicare Health Insurance Claim Number.
JAMES GEOFFREY
Sworn to before me this
day of , 2023.
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NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff, NOTICE TO PRODUCE
AND FOR DISCOVERY
-against- AND INSPECTION
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
________________----------------_____________________________________Ç
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. plaintiff is hereby required
to produce for discovery and supply to REBORE, THORPE & PISARELLO, P.C., attorneys for
defendants, at their offices 500 Bi-County Blvd., Suite 102, Farmingdale, New York 11735, within
twenty (20) days from the date of service of this demand, the following information, documents,
authorizations and items requested for the purpose of inspection, processing and/or copying:
1. Any and all information and documentation relative to any existing liens, whether
interposed by private or public sources, against the proceeds of any recovery by way of verdict
and/or settlement of this action.
2. Any and all information and documentation relative to any existing loans, whether
provided by private or public sources, secured against the proceeds of any recovery by way of
verdict and/or settlement of this action.
3. All documents that refer to the above-captioned lawsuit and any loan or similar
transfer of money in any form to plaintiff, including, but not limited to, any such loan or similar
transfer from any person or entity in the business of making such loans or transfers in connection
with lawsuits.
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4. Authorization to obtain all documents and records relative to said lien and/or loan
from the lienholders and/or loan issuers referenced in paragraphs 1-3 above.
PLEASE TAKE FURTHER NOTICE, that these demands shall be deemed to continue
during the pendency of the action, including the trial thereof. In the event of a failure or refusal
to comply with these demands, the defendant shall seek to preclude the introduction of all evidence
pertaining to or relating in any way to the documents and information sought herein, and such
other and further relief as the court may grant.
Dated: May 3, 2023
Farmingdale, New York
By: Timothy J. Dunn, I I
REBORE, THORPE & 1 ISARELLO, P.C.
Attorneys for Defendan t
500 Bi-County Bouleve
Suite 102
Farmingdale, NY 11 5
(631) 249-6600
TO: KRENTSEL & GUZMAN, LLP
Attorneys for Plaintiff
17 Battery Place, Suite 604
New York, New York 10004
(212) 227-2900
10 of 24
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------x Index # 508174/2023
JAMES GEOFFREY,
Plaintiff, DEMAND REGARDING
PRIOR OR SUBSEQUENT
-against- INJURY
SMITELL LLC, SMITELL B-1 LLC,
and EXTELL DEVELOPMENT COMPANY,
Defendants.
_____________________________________________________________________Ç
COUNSEL:
PLEASE TAKE NOTICE, that demand is hereby made upon you to provide, in
reference to any prior or subsequent injury which is similar to the injuries being alleged in the
present matter, the following:
a. Authorizations to obtain all medical records, hospital records, x-rays, MRI scans
and technical and diagnostic reports directed to any hospital, clinic or other health
care facility in which the injured Plaintiffs are or were treated or confined.
b. Names and addresses of all physicians or other health care providers of every
description who have consulted, examined, or treated Plaintiffs for any prior
injuries which are similar to those injuries being alleged in the present matter.
c. Authorizations to obtain all medical records of each physician enumerated in (b),
if such has not been provided.
d. Copies of all medical reports received from any and all health care provider(s)
enumerated in (a), (b) or (c).
e. Authorizations to allow Defendant to obtain a complete pharmacy or drug store
record with respect to all drugs prescribed to Plaintiffs.
f. Authorizations to allow Defendant to obtain a complete legal file relating to any
and all pre-existing conditions relating to injuries alleged in the present matter.
g. Copies of all legal records and/or reports received from any entity identified in (f).
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PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid
item(s) at the time and place required in this Demand, a motion will be made to the Court for the
appropriate relief with costs.
Dated: May 3, 2023
Farmingdale, New York
By: Timothy J. Dun,1, III
REBORE, THORPE & PISARELLO, P.C.
Attorneys for DefenCants
500 Bi-County Boul vard
Suite 102
Farmingdale, NY 11735
(631) 249-6600
TO: KRENTSEL & GUZMAN, LLP
Attorneys for Plaintiff
17 Battery Place, Suite 604
Preview
FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, NOTICE FOR Plaintiff, DISCLOSURE AND PRODUCTION -against- SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. ---------_______________________________________________________-----Ç COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. you are hereby required to produce for discovery and supply to REBORE, THORPE & PISARELLO, P.C., attorneys for defendant(s), at their offices 500 Bi-County Blvd., Suite 102, Farmingdale, New York 11735, within twenty (20) days from the date of service of this demand, the following information, documents, and items requested for the purpose of inspection and/or copying: 1. All medical reports and records relating to the care or treatment of the plaintiff(s) by each physician and/or other health care provider who rendered care or examined plaintiff as a result of the incidents alleged in the complaint. 2. A duly written and executed authorization permitting defendant(s) to obtain and make copies of all hospital or health care facility records relating to care provided plaintiff as alleged in the complaint. 3. The name, address and telephone number of each attorney, other than the undersigned, who has appeared in the within action as well as copies of all papers previously served in the within action but not heretofore served on the undersigned. 4. The names, addresses and telephone numbers of each and every witness known or claimed by you or any party you represent in this action with respect to any of the following: (a) the occurrence alleged in the complaint; or (b) any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or (c) any actual notice allegedly given to the defendant or any employee of defendant of any condition which allegedly caused or contributed to the occurrence alleged in complaint; and/or (d) the nature and duration of any alleged condition which allegedly caused the 1 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 amount of coverage and a copy of each policy. 13. All accident reports prepared in the regular course of business relating to the occurrence alleged in the complaint. PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during the pendency of this action, including the trial thereof. In the event of failure or refusal to comply with this demand, the defendant(s) shall undertake a motion for the appropriate relief. Dated: May 3, 2023 Farmingdale, New York By: Timothy J. Dun , III REBORE, THORPE PISARELLO, P.C. Attorneys for Defent ts 500 Boult vard Bi-County Suite 102 Farmingdale, NY 11735 (631) 249-6600 TO: KRENTSEL & GUZMAN, LLP Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 2 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, NOTICE FOR PHYSICAL EXAMINATION(S) -against- PURSUANT TO CPLR 3121 SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. _____________________________________________________________________Ç COUNSEL: PLEASE TAKE NOTICE, that pursuant to CPLR 3121, defendants hereby demand that plaintiff(s) submit to physical examination(s) to be conducted by physician(s) designated by the defendants, at time(s) and place(s) to be specified by defendants at a future date, mutually agreeable to all parties, and following completion of each plaintiff(s) examination before trial. If plaintiff will require the use of an interpreter to translate into a language other than English, in order for the examining physician to communicate with the plaintiff during the exam, defendants' an interpreter will be provided at expense. If an interpreter will be needed, it is requested that plaintiff notify our office at least five (5) days prior to the scheduled date of exam. PLEASE TAKE FURTHER NOTICE, that the defendants, by their attorneys Rebore, Thorpe & Pisarello, set the following conditions under which the physical examination may occur: 1. Plaintiff will be asked to present some form of photo identification at the time of the examination, to confirm her/his identity. 2. The plaintiff will be permitted to attend the examination accompanied by his/her attomey g a representative of his/her choice. In the event that the plaintiff is incapacitated or a minor, a court-appointed legal guardian for the plaintiff, or an 3 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 infant plaintiff's parent or natural guardian, will also be permitted into the exam room, during the examination. Any attorney, representative or guardian, admitted into the exam room is to be admitted solely for the purpose of representing the plaintiff, and not as an observed and material witness in the action. Such attorney, representative or guardian will be requested to furnish their full name and one form of verifying identification. Such attorney, representative or guardian admitted into the exam room for the purpose of representing plaintiff should be made aware that he/she can have no role in the examination and should not interfere with the examination. This includes directing plaintiff not to answer the examiner's questions going to medical history and/or mechanism of injury, as well as other medical information the examiner deems to be relevant to conducting a thorough examination. [see; Allen v. State of New York, 228 (3rd A.D.2d 1001, 644 N.Y.S.2d 843 Dept. 1996); Tucker v. Bay Shore Stor. (2nd Warehouse, 69 A.D.3d 609 Dept. 2010)]. 3. Notwithstanding the foregoing, in the event that plaintiff has been noticed to appear for an examination by a neuropsychologist neither the plaintiff's attorney nor any other third-party observed will be permitted into the exam room during the examination, so as to protect the integrity of the testing methods and results. 4. No surreptitious or secret recording of any part of the examination is permitted, within the exam room or the examiner's facility, by any person, by any means, in any medium, including, but not limited to, video, audio, or transcription of any kind, irrespective of whether it is for purposes of use in this action. 5. Plaintiff may not impose any affirmative condition(s) for the examination, by surprise, at the time of the examination. All conditions under which the exam will occur, are to be on notice. Any objection(s) to these conditions, in whole or part, is/are required to be served in the manner and time set forth by the CPLR. Dated: May 3, 2023 Farmingdale, New York By: Timothy J. Du II REBORE, THORPE & SARELLO, P.C. Attorneys for Defen a s 500 Bi-County Bou e rd Suite 102 Farmingdale, NY 1735 (631) 249-6600 4 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 TO: KRENTSEL & GUZMAN, LLP Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 5 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, -against- SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. ____-------------------------- ___--------------------------__________Ç DEMAND FOR DISCLOSURE AS TO MEDICARE/MEDICAID SOCIAL SECURITY DISABILITY PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned attorney for defendant hereby demands that you furnish us within (30) days of the service of this notice the following: 1. A statement as to whether the plaintiff has received benefits from either Medicare, Medicaid OR Social security Disability at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state: a. Plaintiff's date of birth; b. Plaintiff's Social Security number; c. Plaintiff's resident telephone number; d. The Medicare/Medicaid /Social Security Disability file number; e. The address of the office handling the plaintiff's Medicare/Medicaid/Social Security Disability file; f. Copies of all documents, records, memorandums, notes, etc. in plaintiff's possession pertaining to plaintiff's receipt of Medicare or Medicaid benefits; and g. A duly executed authorization bearing plaintiff's date of birth and Social Security number permitting this firm and or the representatives of defendants to obtain copies of plaintiff's Medicaid/Medicare Social Security Disability records. 2. If plaintiff has not received Medicare/Medicaid/Social Security Disability and is not eligible for same, please have plaintiff execute the attached affidavit. PLEASE TAKE FURTHER NOTICE that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the 6 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 following: a. Within 30 days of the date of this demand; b. Within 20 days of receiving the above-requested information; c. No later than 30 days prior to the commencement of trial. If you do not possess the above-requested information, a letter or affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE, that failure to provide the items demanded above within (20) days will preclude plaintiff from proving liability, causation and damages at trial. Dated: May 3, 2023 Farmingdale, New York By: Timothy J. Du n, III REBORE, THORPI & PISARELLO, P.C. Attorneys for Defennants 500 Bi-County Boul yard Suite 102 Farmingdale, NY 1 735 (631) 249-6600 TO: KRENTSEL & GUZMAN, LLP Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 7 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, AFFIDAVIT -against- SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. ___________---_________________---------------------------___________Ç STATE OF NEW YORK sS: COUNTY OF JAMES GEOFFREY, being duly sworn, states the following is true under the penalties of perjury: 1. I am the plaintiff in the above action. 2. I have never made a claim for Medicare and/or Social Security Disability benefits. 3. I do not intend to make a claim for Medicare and/or Social Security Disability benefits. 4. I am not eligible for Medicare and/or Social Security Disability benefits. 5. I do not have a Medicare Health Insurance Claim Number. JAMES GEOFFREY Sworn to before me this day of , 2023. 8 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, NOTICE TO PRODUCE AND FOR DISCOVERY -against- AND INSPECTION SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. ________________----------------_____________________________________Ç C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. plaintiff is hereby required to produce for discovery and supply to REBORE, THORPE & PISARELLO, P.C., attorneys for defendants, at their offices 500 Bi-County Blvd., Suite 102, Farmingdale, New York 11735, within twenty (20) days from the date of service of this demand, the following information, documents, authorizations and items requested for the purpose of inspection, processing and/or copying: 1. Any and all information and documentation relative to any existing liens, whether interposed by private or public sources, against the proceeds of any recovery by way of verdict and/or settlement of this action. 2. Any and all information and documentation relative to any existing loans, whether provided by private or public sources, secured against the proceeds of any recovery by way of verdict and/or settlement of this action. 3. All documents that refer to the above-captioned lawsuit and any loan or similar transfer of money in any form to plaintiff, including, but not limited to, any such loan or similar transfer from any person or entity in the business of making such loans or transfers in connection with lawsuits. 9 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 4. Authorization to obtain all documents and records relative to said lien and/or loan from the lienholders and/or loan issuers referenced in paragraphs 1-3 above. PLEASE TAKE FURTHER NOTICE, that these demands shall be deemed to continue during the pendency of the action, including the trial thereof. In the event of a failure or refusal to comply with these demands, the defendant shall seek to preclude the introduction of all evidence pertaining to or relating in any way to the documents and information sought herein, and such other and further relief as the court may grant. Dated: May 3, 2023 Farmingdale, New York By: Timothy J. Dunn, I I REBORE, THORPE & 1 ISARELLO, P.C. Attorneys for Defendan t 500 Bi-County Bouleve Suite 102 Farmingdale, NY 11 5 (631) 249-6600 TO: KRENTSEL & GUZMAN, LLP Attorneys for Plaintiff 17 Battery Place, Suite 604 New York, New York 10004 (212) 227-2900 10 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------x Index # 508174/2023 JAMES GEOFFREY, Plaintiff, DEMAND REGARDING PRIOR OR SUBSEQUENT -against- INJURY SMITELL LLC, SMITELL B-1 LLC, and EXTELL DEVELOPMENT COMPANY, Defendants. _____________________________________________________________________Ç COUNSEL: PLEASE TAKE NOTICE, that demand is hereby made upon you to provide, in reference to any prior or subsequent injury which is similar to the injuries being alleged in the present matter, the following: a. Authorizations to obtain all medical records, hospital records, x-rays, MRI scans and technical and diagnostic reports directed to any hospital, clinic or other health care facility in which the injured Plaintiffs are or were treated or confined. b. Names and addresses of all physicians or other health care providers of every description who have consulted, examined, or treated Plaintiffs for any prior injuries which are similar to those injuries being alleged in the present matter. c. Authorizations to obtain all medical records of each physician enumerated in (b), if such has not been provided. d. Copies of all medical reports received from any and all health care provider(s) enumerated in (a), (b) or (c). e. Authorizations to allow Defendant to obtain a complete pharmacy or drug store record with respect to all drugs prescribed to Plaintiffs. f. Authorizations to allow Defendant to obtain a complete legal file relating to any and all pre-existing conditions relating to injuries alleged in the present matter. g. Copies of all legal records and/or reports received from any entity identified in (f). 11 of 24 FILED: KINGS COUNTY CLERK 05/05/2023 10:40 AM INDEX NO. 508174/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 05/05/2023 PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid item(s) at the time and place required in this Demand, a motion will be made to the Court for the appropriate relief with costs. Dated: May 3, 2023 Farmingdale, New York By: Timothy J. Dun,1, III REBORE, THORPE & PISARELLO, P.C. Attorneys for DefenCants 500 Bi-County Boul vard Suite 102 Farmingdale, NY 11735 (631) 249-6600 TO: KRENTSEL & GUZMAN, LLP Attorneys for Plaintiff 17 Battery Place, Suite 604