Preview
FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-___ __________--------..---..-------___-----..----------------_ _..---________Ç
ELENA MILIOPULOS, Index No.: 602012/2022
Plaintiff,
VERIFIED BILL
-against- OF PARTICULARS
ROBERT M. ALMO,
Defendant.
-----______ ______-----..--..------_ ______-------_ _____________-..----------X
Plaintiff, ELENA MILIOPULOS, by her attorneys, LITE & RUSSELL, PLLC,
answering the demands of the defendants, ROBERT M. ALMO, as her Verified Bill of
Particulars, respectfully alleges and shows as follows:
1. The accident took place on July 17th, 2021 at approximately 1:56pm.
2. The accident took place on W. Main Street at or near its intersection with Little
East neck Road, Village of Babylon, Town of Suffolk and State of New York.
3. The defendant was negligent and careless in the manner in which the defendant's
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
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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, tum 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 hom, 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 accident.
4. The following injuries were caused, initiated, aggravated, and/or precipitated as a
result of the foregoing accident:
" of the upper through mid-cervical lordosis;
Straightening
" C3-4 posterior disc herniation on the thecal sac;
impressing
" C4-5 posterior disc bulge upon the thecal sac;
impressing
" C5-6 posterior disc bulge upon the thecal sac;
impressing
" of the norrnal lordotic curvature;
Straightening
" L2-3 circumferential disc bulge which, impresses upon the
posteriorly
thecal sac;
" L3-4 circumferential disc bulge which, posteriorly, impresses upon the
thecal sac;
" L4-5 circumferential disc bulge which, posteriorly, impresses upon the
thecal sac;
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" L5-S1 circumferential disc bulge which, posteriorly, approaches the
ventral surface of the thecal sac;
The injuries to those parts of the plaintiff's body suffered as a result of this accident
as set forth above, directly and indirectly affected the skin, bones, tendons, tissues,
nerves, joints, blood vessels and ligarnents of the injured parts, produced functional
and organic disturbances and sympathetic and radiating pains to and about the
adjacent and surrounding areas and restriction and limitation of motion of all of the
affected parts of the plaintiff s body. Said accident caused, initiated, precipitated
and/or aggravated injuries to plaintiff as set forth above, including but not limited
to scarring, internally and externally, causing plaintiff to suffer pain, tenderness,
discomfort and disability from which the plaintiff continues to suffer. Plaintiff is
suffering and/or will suffer from all the natural and probable consequences of the
injuries to the various parts of plaintiff's body as set forth herein, including
psychological overlay, anxiety and mental suffering.
5. 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 or pleasure, sports and business activities which
plaintiff formerly engaged in, and limitations of movement involved in the course
of daily living, with the resultant inactivity being detrimental to plaintiffs health
and well-being. Plaintiff will claim all injuries to be permanent as of this time,
except those of a superficial nature, since plaintiff continues to suffer from the
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residual after-effects of said injuries, including pain, discomfort, and general
debilitation.
6. The plaintiff has 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 plaintiff has sustained
permanent consequential limitation of use of a body organ or member; significant
limitation of use of a body function or system.
7. a) Plaintiff was confmed to bed for two (2) weeks due to the accident.
b) Plaintiff was confined to home for two (2) weeks due to the accident.
c) Not applicable.
8. a) Plaintiff was working as a waitress at the time of the accident.
b) Plaintiff was working at the Cheesecake Factory at the time of the accident.
9. The Cheesecake Factory, 1701 Sunrise Highway, Bay Shore, New York 11706.
10. To be provided under separate cover.
11. PlaintifPs lost wages claim, if any, is properly being considered by her no-fault
carrier.
12. a) Plaintiff was born on February 21", 1997.
Plaintiffs'
b) social security number is xxx-xx-5450
c) Plaintiff resides at 201 Wampum Lane, West Islip, New York 11795.
d) Please see response to 12(c) above.
13. Special damages have been paid the no fault carrier. A executed no-
by duly
fault/collateral source authorization to obtain these records is attached hereto. The
plaintiff does not seek reimbursement of medical expenses and other medical
special damages to the extent that they were paid by an insurance company,
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provided said company does not maintain a statutory lien for said payments. The
plaintiff's damages are ongoing and cannot be fully evaluated at this time.
14. 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.
15. Not applicable.
Plaintiff expressly reserves the right to edit, amend, augment, redact and/or
supplement this Bill of Particulars.
Dated: West Islip, New York
April 13, 2022
Yours, etc.
LITE & RUSSELL, PLLC.
John M. Porcia
Attorneys for Plaintiff
212 Higbie Lane
West Islip, New York 11795
(631) 669-3710
TO: MARTYN, SMITH, MURRAY, & YONG, ESQS.
Attorneys for Defendant(s)
ROBERT M. ALMO
102 Motor Parkway, Suite 230
Hauppauge, New York 11788
(516)739-0000
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
__________.........---------------..----------------------------------Ç
ELENA P. MILIOPULOS, Index No.: 602012/2022
Plaintiff,
RESPONSE TO
-against- COMBINED
DEMAND
ROBERT M. ALMO, FOR DISCOVERY
AND INSPECTION
Defendant.
___________...........---------------.....------------------............-----x
Plaintiff, by her attorneys, ELENA P. MILIOPULOS, LITE & RUSSELL, PLLC,
answering the Combined Demand for Discovery and Inspection of the defendants,
ROBERT M. ALMO, respectfully states as follows:
DEMAND FOR MEDICAL INFORMATION
- Total Ortho 165 Woodsome New York
Express, Road, Babylon, 11702;
- Dr. 718 Island Deer New York
Rinaldi, Long Avenue, Park, 11729;
- Dr. 379 Oakwood New
Weissberg, Road, Suite C, Huntington Station, York 11746;
- Within Normal Limits Physical 718 Island Deer New
Therapy, Long Avenue, Park,
York 11729;
DEMAND FOR INSURANCE INFORMATION
Allstate, PO Box 660636, Dallas, TX 75266; Claim No.: 0633281274. Annexed hereto
please find a duly executed HIPAA authorization to obtain plaintiff's No-Fault file.
DEMAND FOR WITNESSES
Plaintiff reserves the right to call upon the following witnesses:
- Suffolk Police Officer Lucas J. McDonald; Badge No.: 526342
County
- Lillian 15 Cullen New York 11751
Grisales, Avenue, Islip,
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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
testimony on the issues of serious injury, proximate cause, causal relationship, diagnosis,
prognosis, permanency 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 fumished 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
(1st
A.D.2d 398 (2d Dept. 1998); McGee v. Family Care Services, 246 AD2d 308 Dept.
1998); Logan v. Roman, 58 A.D. 3d 810 (2d Dept. 2009); Ryan v. City of New York, 269
(1"
A.D. 2d 170 Dept. 2000); Hughes v. Webb, 40 A.D. 3d 1035 (2d Dept. 2007); Longhorn
v. County of Nassau, 40 A.D. 3d 1045 (2d Dept. 2007):
- Total Ortho 165 Woodsome New York
Express, Road, Babylon, 11702;
- Dr. 718 Island Deer New York
Rinaldi, Long Avenue, Park, 11729;
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- Dr. 379 Oakwood Suite New
Weissberg, Road, C, Huntington Station, York 11746;
- Within Normal Limits Physical 718 Island Deer New
Therapy, Long Avenue, Park,
York 11729;
DEMAND FOR DOCUMENTS
Not applicable.
DEMAND FOR PHOTOGRAPHS
plaintiffs'
None in possession.
DEMAND FOR STATEMENTS
plaintiffs'
Annexed hereto please find a copy of the witness statement in possession.
DEMAND FOR STATEMENT OF MONETARY DAMAGES
The plaintiff's damages are ongoing and cannot be fully evaluated at this time.
DEMAND FOR DISCL OSURE AT TO MEDICARE/MEDICAID LIENS
Plaintiff is a Medicare recipient. Authorization to be provided under separate cover.
Plaintiff expressly reserves the right to amend, supplement, augment and/or edit
this Response to Combined Demands.
Dated: West Islip, New York
April 13, 2022
Yours, etc.
LITE & RUSSELL, PLLC.
Jaren M. Fernan, Esq.
Attorneys for Plaintiff
212 Higbie Lane
West Islip, New York 11795
(631) 669-3710
TO: MARTYN, SMITH, MURRAY, & YONG, ESQS.
Attorneys for Defendant(s)
ROBERT M. ALMO
8
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102 Motor Parkway, Suite 230
Hauppauge, New York 11788
(516)739-0000
9
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
, being duly sworn, deposes and says:
Deponent is the plaintiff in the within action deponent has read the
foregoing lC %fd Bl 0f (603100 NC \0 Combl0td tfmanCU
and knows the contents thereo , the same is tru ponents own knowledge,
except as to the matters therein stated to be alleged on information and belief,
and as to those matters deponent believes it to be true.
S in to ef re me,ttfis
day of 8 , 201
otary P is
JUSTIN N. LITE
Pabhe, State of New York
Notary
No. 02U4855683
Qualified in Suffolk County
Commission Expires March 10, 20
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| carac;
t
To the best of
my1aowledge, iuronnation fanned.
under the ancibelie¶ alter an
the in(g&y reasonable
eircumstances, presentation of these papers
not the contentions
frivolous as defined in subsection herein are
(c) of section 130-1.1f f 22 N.Y.
O PORCSA m ÓSQ.
!
h
P
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
LINDSAY MCGOVERN, being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and resides in
Nassau, New York.
On April 13, 2022, deponent served the within VERIFIED BILL OF
PARTICULARS by depositing a true copy thereof enclosed in a post-paid wrapper, by
mail, in an official depository under the exclusive care and custody of the United States
Postal Service within the State of New York, addressed to each of the following persons at
the last known address set forth after each name:
TO: MARTYN, SMITH, MURRAY, & YONG, ESQS.
Attorneys for Defendant(s)
ROBERT M. ALMO
102 Motor Parkway, Suite 230
Hauppauge, New York 11788
(516)739-0000
LINDSA
Nh
MCGOVERN
Sworn to efor me
'
T 13 da of pril, 20
Notary 1 o New York
OuaW e
es March 10, 20-
ommissiOD C
10
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FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022
NYSCEF DOC. NO. 14
Preview
FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -___ __________--------..---..-------___-----..----------------_ _..---________Ç ELENA MILIOPULOS, Index No.: 602012/2022 Plaintiff, VERIFIED BILL -against- OF PARTICULARS ROBERT M. ALMO, Defendant. -----______ ______-----..--..------_ ______-------_ _____________-..----------X Plaintiff, ELENA MILIOPULOS, by her attorneys, LITE & RUSSELL, PLLC, answering the demands of the defendants, ROBERT M. ALMO, as her Verified Bill of Particulars, respectfully alleges and shows as follows: 1. The accident took place on July 17th, 2021 at approximately 1:56pm. 2. The accident took place on W. Main Street at or near its intersection with Little East neck Road, Village of Babylon, Town of Suffolk and State of New York. 3. The defendant was negligent and careless in the manner in which the defendant's 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 1 1 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 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, tum 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 hom, 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 accident. 4. The following injuries were caused, initiated, aggravated, and/or precipitated as a result of the foregoing accident: " of the upper through mid-cervical lordosis; Straightening " C3-4 posterior disc herniation on the thecal sac; impressing " C4-5 posterior disc bulge upon the thecal sac; impressing " C5-6 posterior disc bulge upon the thecal sac; impressing " of the norrnal lordotic curvature; Straightening " L2-3 circumferential disc bulge which, impresses upon the posteriorly thecal sac; " L3-4 circumferential disc bulge which, posteriorly, impresses upon the thecal sac; " L4-5 circumferential disc bulge which, posteriorly, impresses upon the thecal sac; 2 2 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 " L5-S1 circumferential disc bulge which, posteriorly, approaches the ventral surface of the thecal sac; The injuries to those parts of the plaintiff's body suffered as a result of this accident as set forth above, directly and indirectly affected the skin, bones, tendons, tissues, nerves, joints, blood vessels and ligarnents of the injured parts, produced functional and organic disturbances and sympathetic and radiating pains to and about the adjacent and surrounding areas and restriction and limitation of motion of all of the affected parts of the plaintiff s body. Said accident caused, initiated, precipitated and/or aggravated injuries to plaintiff as set forth above, including but not limited to scarring, internally and externally, causing plaintiff to suffer pain, tenderness, discomfort and disability from which the plaintiff continues to suffer. Plaintiff is suffering and/or will suffer from all the natural and probable consequences of the injuries to the various parts of plaintiff's body as set forth herein, including psychological overlay, anxiety and mental suffering. 5. 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 or pleasure, sports and business activities which plaintiff formerly engaged in, and limitations of movement involved in the course of daily living, with the resultant inactivity being detrimental to plaintiffs health and well-being. Plaintiff will claim all injuries to be permanent as of this time, except those of a superficial nature, since plaintiff continues to suffer from the 3 3 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 residual after-effects of said injuries, including pain, discomfort, and general debilitation. 6. The plaintiff has 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 plaintiff has sustained permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system. 7. a) Plaintiff was confmed to bed for two (2) weeks due to the accident. b) Plaintiff was confined to home for two (2) weeks due to the accident. c) Not applicable. 8. a) Plaintiff was working as a waitress at the time of the accident. b) Plaintiff was working at the Cheesecake Factory at the time of the accident. 9. The Cheesecake Factory, 1701 Sunrise Highway, Bay Shore, New York 11706. 10. To be provided under separate cover. 11. PlaintifPs lost wages claim, if any, is properly being considered by her no-fault carrier. 12. a) Plaintiff was born on February 21", 1997. Plaintiffs' b) social security number is xxx-xx-5450 c) Plaintiff resides at 201 Wampum Lane, West Islip, New York 11795. d) Please see response to 12(c) above. 13. Special damages have been paid the no fault carrier. A executed no- by duly fault/collateral source authorization to obtain these records is attached hereto. The plaintiff does not seek reimbursement of medical expenses and other medical special damages to the extent that they were paid by an insurance company, 4 4 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 provided said company does not maintain a statutory lien for said payments. The plaintiff's damages are ongoing and cannot be fully evaluated at this time. 14. 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. 15. Not applicable. Plaintiff expressly reserves the right to edit, amend, augment, redact and/or supplement this Bill of Particulars. Dated: West Islip, New York April 13, 2022 Yours, etc. LITE & RUSSELL, PLLC. John M. Porcia Attorneys for Plaintiff 212 Higbie Lane West Islip, New York 11795 (631) 669-3710 TO: MARTYN, SMITH, MURRAY, & YONG, ESQS. Attorneys for Defendant(s) ROBERT M. ALMO 102 Motor Parkway, Suite 230 Hauppauge, New York 11788 (516)739-0000 5 5 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK __________.........---------------..----------------------------------Ç ELENA P. MILIOPULOS, Index No.: 602012/2022 Plaintiff, RESPONSE TO -against- COMBINED DEMAND ROBERT M. ALMO, FOR DISCOVERY AND INSPECTION Defendant. ___________...........---------------.....------------------............-----x Plaintiff, by her attorneys, ELENA P. MILIOPULOS, LITE & RUSSELL, PLLC, answering the Combined Demand for Discovery and Inspection of the defendants, ROBERT M. ALMO, respectfully states as follows: DEMAND FOR MEDICAL INFORMATION - Total Ortho 165 Woodsome New York Express, Road, Babylon, 11702; - Dr. 718 Island Deer New York Rinaldi, Long Avenue, Park, 11729; - Dr. 379 Oakwood New Weissberg, Road, Suite C, Huntington Station, York 11746; - Within Normal Limits Physical 718 Island Deer New Therapy, Long Avenue, Park, York 11729; DEMAND FOR INSURANCE INFORMATION Allstate, PO Box 660636, Dallas, TX 75266; Claim No.: 0633281274. Annexed hereto please find a duly executed HIPAA authorization to obtain plaintiff's No-Fault file. DEMAND FOR WITNESSES Plaintiff reserves the right to call upon the following witnesses: - Suffolk Police Officer Lucas J. McDonald; Badge No.: 526342 County - Lillian 15 Cullen New York 11751 Grisales, Avenue, Islip, 6 6 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 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 testimony on the issues of serious injury, proximate cause, causal relationship, diagnosis, prognosis, permanency 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 fumished 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 (1st A.D.2d 398 (2d Dept. 1998); McGee v. Family Care Services, 246 AD2d 308 Dept. 1998); Logan v. Roman, 58 A.D. 3d 810 (2d Dept. 2009); Ryan v. City of New York, 269 (1" A.D. 2d 170 Dept. 2000); Hughes v. Webb, 40 A.D. 3d 1035 (2d Dept. 2007); Longhorn v. County of Nassau, 40 A.D. 3d 1045 (2d Dept. 2007): - Total Ortho 165 Woodsome New York Express, Road, Babylon, 11702; - Dr. 718 Island Deer New York Rinaldi, Long Avenue, Park, 11729; 7 7 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 - Dr. 379 Oakwood Suite New Weissberg, Road, C, Huntington Station, York 11746; - Within Normal Limits Physical 718 Island Deer New Therapy, Long Avenue, Park, York 11729; DEMAND FOR DOCUMENTS Not applicable. DEMAND FOR PHOTOGRAPHS plaintiffs' None in possession. DEMAND FOR STATEMENTS plaintiffs' Annexed hereto please find a copy of the witness statement in possession. DEMAND FOR STATEMENT OF MONETARY DAMAGES The plaintiff's damages are ongoing and cannot be fully evaluated at this time. DEMAND FOR DISCL OSURE AT TO MEDICARE/MEDICAID LIENS Plaintiff is a Medicare recipient. Authorization to be provided under separate cover. Plaintiff expressly reserves the right to amend, supplement, augment and/or edit this Response to Combined Demands. Dated: West Islip, New York April 13, 2022 Yours, etc. LITE & RUSSELL, PLLC. Jaren M. Fernan, Esq. Attorneys for Plaintiff 212 Higbie Lane West Islip, New York 11795 (631) 669-3710 TO: MARTYN, SMITH, MURRAY, & YONG, ESQS. Attorneys for Defendant(s) ROBERT M. ALMO 8 8 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 102 Motor Parkway, Suite 230 Hauppauge, New York 11788 (516)739-0000 9 9 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) , being duly sworn, deposes and says: Deponent is the plaintiff in the within action deponent has read the foregoing lC %fd Bl 0f (603100 NC \0 Combl0td tfmanCU and knows the contents thereo , the same is tru ponents own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. S in to ef re me,ttfis day of 8 , 201 otary P is JUSTIN N. LITE Pabhe, State of New York Notary No. 02U4855683 Qualified in Suffolk County Commission Expires March 10, 20 10 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 | carac; t To the best of my1aowledge, iuronnation fanned. under the ancibelie¶ alter an the in(g&y reasonable eircumstances, presentation of these papers not the contentions frivolous as defined in subsection herein are (c) of section 130-1.1f f 22 N.Y. O PORCSA m ÓSQ. ! h P 11 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/23/2023 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) LINDSAY MCGOVERN, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age and resides in Nassau, New York. On April 13, 2022, deponent served the within VERIFIED BILL OF PARTICULARS by depositing a true copy thereof enclosed in a post-paid wrapper, by mail, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York, addressed to each of the following persons at the last known address set forth after each name: TO: MARTYN, SMITH, MURRAY, & YONG, ESQS. Attorneys for Defendant(s) ROBERT M. ALMO 102 Motor Parkway, Suite 230 Hauppauge, New York 11788 (516)739-0000 LINDSA Nh MCGOVERN Sworn to efor me ' T 13 da of pril, 20 Notary 1 o New York OuaW e es March 10, 20- ommissiOD C 10 12 of 13 FILED: SUFFOLK COUNTY CLERK 06/23/2023 09:59 AM INDEX NO. 602012/2022 NYSCEF DOC. NO. 14