Motion for Discovery in Christopher J Cassar Jr v. Dwayne A Sair Jr| Trellis.Law

On November 07, 2022 a Motion-Secondary was filed involving a dispute between Christopher J Cassar Jr, and Dwayne A Sair Jr, for Torts - Other (Assault) in the District Court of Suffolk County.

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FILED: SUFFOLK COUNTY CLERK 05/30/2023 07:29 PM INDEX NO. 205173/2022
NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 05/30/2023

SUPREME COURT OF STATE OF NEW YORK
COUNTY OF SUFFOLK
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CHRISTOPHER J. CASSAR, JR,
Index No.: 205173/2022
Plaintiff,
-against- PLAINTIFF’S RESPONSE TO
DEFENDANT’S DEMAND
FOR DISCOVERY AND
DWAYNE A. SAIR, JR., INSPECTION

Defendant.
----------------------------------------------------------X
Pursuant to CPLR ART. 31, the plaintiff, Christopher J. Cassar, Jr,

responds to Defendant’s Notice of Demand for Discovery and Inspection as

set forth.

Demand Numbered 1. Copies of any and all Documents, Recordings or

communications relevant to this action furnished by Christopher J. Cassar, Jr. (the

"Plaintiff') to any officer, agent, or employee of the Suffolk County Police

Department.

Response:
The Plaintiff objects to production of items requested in demand number 1,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of the instant lawsuit in that the document

addresses liability and not damages. In any event, the plaintiff is not in possession

of copies of any and all Documents, Recordings or communications furnished by

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the Plaintiff to any officer, agent, or employee of the Suffolk County Police

Department.

Moreover, the defendant’s present counsel represented the defendant in

criminal trial which was conducted in the Suffolk County District Court on

November 1, 2022, and November 2, 2022, November 3, 2022, under criminal

docket number CR-006967-20SU for the criminal charges of Assault in the Third

Degree [Penal Law Section 120.00(1)], Criminal Obstruction of Breathing [Penal

Law Section 121.11] and Endangering the Welfare of a Child [Penal Law Section

260.10]. Therefore, the defendant and defendant’s present counsel is in possession

of the extensive criminal file. Moreover, the defendant, through the defendant’s

present counsel conducted an all-encompassing cross examination of the Plaintiff

at the criminal trial.

Demand Numbered 2. Copies of any and all Documents, Recordings or
communications relevant to this action furnished to the Plaintiff from any officer,
agent, or employee of the Suffolk County Police Department.

Response:
The Plaintiff objects to production of items requested in demand number 2,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of the instant lawsuit in that the document

addresses liability and not damages.

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In any event, the plaintiff is not in possession of copies of any and all

Documents, Recordings or communications furnished to the Plaintiff from any

officer, agent, or employee of the Suffolk County Police Department.

Demand Numbered 3. Copies of any and all Documents, Recordings or

communications related to this case received by the Plaintiff (or counsel) from any

insurance company.

Response:
The Plaintiff objects to production of items requested in demand number 3,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of damages in the instant lawsuit.

Demand Numbered 4. HIPAA-compliant authorizations to obtain Plaintiffs
medical records from Plaintiffs primary care physician from 2015 to the present.

Response:
The Plaintiff objects to production of items requested in demand number 4,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of damages in the instant lawsuit except that

on March 28, 2023, the plaintiff provided the defendant with five (5) HIPAA

authorization for medical treatment related to the injuries suffer by the plaintiff in

this matter.

Moreover, the defendant’s present counsel represented the defendant in

criminal trial which was conducted in the Suffolk County District Court on

November 1, 2022, and November 2, 2022, November 3, 2022, under criminal

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docket number CR-006967-20SU for the criminal charges of Assault in the Third

Degree [Penal Law Section 120.00(1)], Criminal Obstruction of Breathing [Penal

Law Section 121.11] and Endangering the Welfare of a Child [Penal Law Section

260.10]. Therefore, the defendant and defendant’s present counsel are in

possession of the plaintiff’s medical records for the injuries to the plaintiff.

Demand Numbered 5. HIPAA-compliant authorizations to obtain
Plaintiff’s medical records from 2015 to the present for any physician that Plaintiff
has seen for treatment to his head, neck, spine, back, nose or face.

Response:
The Plaintiff objects to production of items requested in demand number 5,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of damages in the instant lawsuit except that

on March 28, 2023, the plaintiff provided the defendant with five (5) HIPAA

authorization for medical treatment related to the injuries suffer by the plaintiff in

this matter.

Since 2015, the Plaintiff has not received treatment to his head, neck, spine,

back, nose or face.

Moreover, the defendant’s present counsel represented the defendant in

criminal trial which was conducted in the Suffolk County District Court on

November 1, 2022, and November 2, 2022, November 3, 2022, under criminal

docket number CR-006967-20SU for the criminal charges of Assault in the Third

Degree [Penal Law Section 120.00(1)], Criminal Obstruction of Breathing [Penal

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Law Section 121.11] and Endangering the Welfare of a Child [Penal Law Section

260.10]. Therefore, the defendant and defendant’s present counsel are in

possession of the plaintiff’s medical records for the injuries to the plaintiff.

Demand Numbered 6. HIPAA-compliant authorizations to obtain Plaintiffs
records from 2015 to the present for any mental health provider Plaintiff has seen
for purposes of treatment.

Response:
The plaintiff has not made claim as to mental health nor has the plaintiff had

any mental health treatment; therefore, the Plaintiff objects to production of items

requested in demand number 6, pursuant to CPLR 3101(a) on the ground that it is

not material and necessary to prosecution of this action to the issues of damages in

the instant lawsuit except that on March 28, 2023, the plaintiff provided the

defendant with five (5) HIPAA authorization for medical treatment related to the

injuries suffer by the plaintiff in this matter.

Demand Numbered 7. If Plaintiff is claiming lost wages, provide Plaintiffs
state and federal tax returns for the years 2015 to present.

Response:
The plaintiff has not made claim for lost wages.

Demand Numbered 8. Provide authorizations to obtain all records from any
social media accounts held by Plaintiff, including from Snapchat, Facebook,
Instagram, Twitter, or TikTok.

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Response:
The Plaintiff objects to production of items requested in demand number 8,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of damages in the instant lawsuit.

Demand Numbered 9. Provide an authorization to obtain attendance
records from 2018 to the present of any gym or physical fitness studio to which
Plaintiff has held a membership.

Response:
The Plaintiff objects to production of items requested in demand number 9,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of damages in the instant lawsuit.

Demand Numbered 10. Provide an authorization(s) to obtain records from
2015 to present from any pharmacy at which Plaintiff has received treatment or
medicine in connection with the injuries alleged in this action.
Response:
The Plaintiff objects to production of items requested in demand number 10,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of damages in the instant lawsuit except that

on March 28, 2023, the plaintiff provided the defendant with five (5) HIPAA

authorization for medical treatment related to the injuries suffer by the plaintiff in

this matter.

Demand Numbered 11. Copies of any and all statements or
communications by the Plaintiff or Defendant relevant to this action, recorded in
any fashion. This demand includes, but is not limited to, statements or
communications to any member of enforcement; e-mails or text messages to
friends, family or business associates; posts on social media; and any other
statements or communications responsive to this demand.

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Response:

The Plaintiff objects to production of items requested in demand number 11,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of the instant lawsuit in that the document

addresses liability and not damages.

In any event, the plaintiff is not in possession of copies of any and all

statements or communications to any member of enforcement; e-mails or text

messages to friends, family or business associates; posts on social media; and any

other statements or communications responsive to this demand.

Demand Numbered 12. Copies of any communications, Documents or
Recordings given to the Plaintiff, received by the Plaintiff, or in the possession of
the Plaintiff, by anyone claiming to be a witness to the incident(s) that forms the
basis of this action.

Response:
The Plaintiff objects to production of items requested in demand number 12,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of the instant lawsuit in that the document

addresses liability and not damages.

In any event, the plaintiff is not in possession of copies of Documents or

Recordings given to the Plaintiff, received by the Plaintiff, or in the possession of

the Plaintiff, by anyone claiming to be a witness to the incident(s) that forms the

basis of this action.

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Demand Numbered 13. Any and all photographs in the Plaintiff’s
possession or control pertaining to the incident(s) that forms the basis of this
action.
Response:
See attached photographs.

Demand Numbered 14. Any and all video or audio recordings in the
Plaintiff’s possession or control pertaining to the incident(s) that forms the basis of
this action.
Response:
The Plaintiff objects to production of items requested in demand number 14,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of the instant lawsuit in that the document

addresses liability and not damages except video of the attack by the defendant.

Which was provided to the defendant on April 12, 2023 and again on May 30,

2023.

Demand Numbered 15. Expert Disclosures:
Response:

The plaintiff has not retained an expert.

Demand Numbered 16. Copies of any and all statements, comments, notes,
or records relevant to this action kept or maintained by the Plaintiff.

Response:
The Plaintiff objects to production of items requested demand number 16,

pursuant to CPLR 3101(a) on the ground that it is not material and necessary to

prosecution of this action to the issues of the instant lawsuit in that the document

addresses liability and not damages. In any event, the plaintiff is not in possession

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of copies of any and all statements, comments, notes, or records relevant to this

action.