Answer: Shafaq Naseer v. Clint D Poimpey, Compu-Phone Voice & Data, Edgar A Mathods

On November 18, 2020 a Answer was filed involving a dispute between Shafaq Naseer, and Clint D Poimpey, Compu-Phone Voice & Data, Edgar A Mathods, for Torts - Motor Vehicle in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------- CERTIFICATION
SHAFAQ NASEER,
Index No: 522991/2020
Plaintiff,

-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------
COUNSELORS:

Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the

Courts of New York State certifies that, upon information and belief and reasonable inquiry, the

contentions contained in the annexed document are not frivolous.

• Verified Answer with Cross-Claim
• Demand for Verified Bill of Particulars
• Notice for Discovery and Inspection
• Demand for Expert Witness Information
• Demand Pursuant to CPLR §4545
• Demand Pursuant to CPLR §3017
• Demand for Disclosure as to Medicare/Medicaid Lien
• Notice for Examination Before Trial
• Demand for Social Media with Notice to Preserve

Dated: New York, New York
January 8, 2021
Gregory P. Lewis
Gregory P. Lewis, Esq.
Law Offices of Tobias & Kuhn
Attorneys for Defendants
COMPU PHONE VOICE & DATA and
EDGAR MATOS
100 William Street, Suite 920
New York, New York 10038
Tel. No.: (212) 553-8700
File No.: Y2JAL86025-001/GPL/jd

1 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

To: Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016

Clint Poimpey
104 Majesty Lane
Somerset, NJ 08873

2 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------
SHAFAQ NASEER, VERIFIED ANSWER
WITH CROSS-CLAIM
Plaintiff,
Index No: 522991/2020
-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------
COUNSELORS:

The defendants COMPU PHONE VOICE & DATA and EDGAR MATOS by their

attorneys LAW OFFICES OF TOBIAS & KUHN, answering the plaintiff’s complaint herein,

respectfully allege, upon information and belief, as follows:

AS AND FOR A FIRST CAUSE OF ACTION
ON BAHALF OF SHAFAQ NASEER

FIRST: The defendants deny knowledge or information thereof sufficient to form a

belief as to the allegations contained in the paragraph designated “1”, “2”, “7” and “8” of the

verified complaint.

SECOND: The defendants admit the allegations contained in the paragraphs designated

“3” and “4” of the verified complaint.

THIRD: The defendants deny the allegations contained in the paragraph designated “5”

of the verified complaint except admit that Edgar A. Matos was the operator of the automobile

bearing registration number 75789MH, State of New York.

FOURTH: The defendants deny the allegations contained in the paragraph designated

“6” of the verified complaint except admit that Edgar A. Matos was the operator of the aforesaid

vehicle with the knowledge, consent and permission of the defendant, owner.

3 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

FIFTH: The defendants deny the allegations contained in the paragraph designated “9”

and “11” of the verified complaint.

SIXTH: The defendants deny the allegations contained in the paragraph designated “10”

of the verified complaint except deny knowledge or information thereof sufficient to form a

belief as to the injury allegations contained within the paragraph.

SEVENTH: The defendants deny the allegations contained in the paragraphs designated

“12”, “13” and “14” of the verified complaint and leave all questions of law to the Court.

AS AND FOR A SECOND CAUSE OF ACTION
ON BAHALF OF SHAFAQ NASEER

EIGHTH: As to the paragraph designated “15” of the verified complaint the defendants

repeat, reiterate and reallege each and every denial to the paragraphs designated “1-14” of the

verified complaint with the same force and effect as though set forth at length herein.

NINTH: The defendants deny the allegations contained in the paragraphs designated

“16” and “18” of the verified complaint.

TENTH: The defendants deny knowledge or information thereof sufficient to form a

belief as to the allegations contained in the paragraph designated “17” of the verified complaint.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE

Upon information and belief, any past or future costs or expenses incurred or to be

incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative services,

loss of earnings or other economic loss, have been or will with reasonable certainty be replaced

or indemnified in whole or in part from a collateral source as defined in CPLR 4545(c) of the

New York Civil Practice Law and Rules.

4 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

If any damages are recoverable against the answering defendants, the amount of such

damages shall be diminished by the amount of the funds received by the plaintiff from such

collateral sources.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE

Upon information and belief, any injuries or damages allegedly sustained by the plaintiff

was caused or contributed to in whole or in part by the plaintiff’s own culpable conduct,

carelessness, recklessness and negligence, and if any judgment is recovered against the

defendants, said judgment should be apportioned and reduced by the percentage of the plaintiff’s

culpable conduct and negligence contributing thereto.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE

Upon information and belief, any injuries or damages allegedly sustained by the failure of

the plaintiff to mitigate said injuries or damages, and if any judgment is recovered against the

defendants, said judgment should be apportioned and reduced by the percentage of the failure by

the plaintiff to mitigate said injuries or damages.

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE

Upon information and belief, the accident and injuries set forth in the complaint of the

plaintiff did not result in serious injury to the plaintiff and the plaintiff did not sustain such

minimum economic loss as defined in §5102 of the Insurance Law of the State of New York.

The failure of the plaintiff to prove such serious injury or economic loss is a bar to the

maintenance of this action.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE

Upon information and belief, it will be alleged and is alleged that the vehicle in which the

plaintiff was riding was equipped with safety belts. The type, material and style are best known

5 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

to the plaintiff who was riding in the vehicle containing such safety belts. It will be alleged that

said safety belts were in good and proper working order.

It will be alleged that the plaintiff was either, not wearing or was improperly wearing

safety belts and/or restraining devices at the time of this occurrence.

Any and/or all of the injuries and damages the plaintiff allege to have sustained as a result

of the happening of the occurrence, were either, caused, precipitated or exacerbated by their

failure to wear and/or improper wearing of available restraining devices. If not for the plaintiff’s

failure to use available safety belts in a proper, prudent, and reasonable manner, and/or the

plaintiff’s misuse of available safety belts, the alleged injuries of the plaintiff would have been

substantially reduced or would not have occurred.

AS AND FOR A CROSS CLAIM AGAINST CO-DEFENDANT, CLINT POIMPEY,
DEFENDANTS COMPU PHONE VOICE & DATA AND EDGAR MATOS ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:

That if the plaintiff sustained the injuries and damages in the manner and at the time and

place alleged, and it is found that these answering defendants are liable to the plaintiff herein, all

of which is specifically denied, then said answering defendants, on the basis of apportionment of

responsibility and/or contractual responsibility for the alleged occurrence, are entitled to

indemnification from and judgment over and against the aforementioned co-defendant CLINT

POIMPEY for all or part of any verdict or judgment that the plaintiffs may recover against these

answering defendants.

That by reason of this action said answering defendants have been and will be put to costs

and expenses including attorneys’ fees.

WHEREFORE, these cross-claiming answering defendants demand judgment

dismissing the plaintiff’s complaint or, in the event that the plaintiff recovers any sum of money

against these answering defendants, then said answering defendants demand judgment over

6 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

against co-defendant CLINT POIMPEY, on the cross-claim as to any such amount, and for any

expenses incurred by it in the defense thereof, including attorney’s fees.

Dated: New York, New York
January 8, 2021
Gregory P. Lewis, Esq.
Law Offices of Tobias & Kuhn
Attorneys for Defendants
COMPU PHONE VOICE & DATA and
EDGAR MATOS
100 William Street, Suite 920
New York, New York 10038
Tel. No.: (212) 553-8700
File No.: Y2JAL86025-001/GPL/jd

To: Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016

Clint Poimpey
104 Majesty Lane
Somerset, NJ 08873

7 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

ATTORNEY’S VERIFICATION

STATE OF NEW YORK )
) SS:
COUNTY OF NEW YORK )

GREGORY P. LEWIS, being duly sworn, deposes and says:

I am an attorney associated with the firm of LAW OFFICES OF TOBIAS & KUHN, the

attorneys of record for defendants in the within action.

I have read the foregoing VERIFIED ANSWER and know the contents thereof.

The same is true to deponent’s own knowledge, except as to the matters therein stated to

be alleged on information and belief, and that as to those matters deponent believes it to be true.

This verification is made by deponent and not by defendants as defendants do not reside

in New York County.

The grounds of deponent’s belief as to all matters not stated upon deponent’s knowledge

are as follows:

Review of File Contents

The undersigned affirms that the foregoing statements are true, under the penalties of

perjury.

Dated: New York, New York
January 8, 2021
Gregory P. Lewis
Gregory P. Lewis, Esq.

8 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------- DEMAND FOR A VERIFIED
SHAFAQ NASEER, BILL OF PARTICULARS

Plaintiff, Index No: 522991/2020

-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------

C O U N S E L O R S:

PLEASE TAKE NOTICE that pursuant to CPLR §§ 3041 and 3044, you are hereby

required to serve upon the undersigned a Verified Bill of Particulars pursuant to the following

demand:

1. State the present residence of the plaintiff and the plaintiff’s
residence at the time of the accident.

2. State any other name(s) the plaintiff has ever been known by.

3. State the date of birth and social security number of the plaintiff.

4. State the date of birth and social security number of co-plaintiff
making a derivative claim.

5. State the date and time of day of the occurrence.

6. State the exact location of the occurrence with reference to the
nearest intersection, and, if a pedestrian accident, the distance from
the nearest adjacent curb.

7. State the direction in which of each vehicle (or pedestrian)
involved in the occurrence was proceeding immediately prior to
the occurrence.

8. State what parts of each vehicle, or pedestrian, came into contact
with one another.

9 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

9. State the vehicle registration, year, make, and model of each
vehicle involved in the accident.

10. State the traffic controls, if any, plaintiff will claim existed at the
scene of the accident, and any traffic controls it will be claimed
defendants violated.

11. State with specificity all laws, rules, regulation, and ordinances
that plaintiff will claim were violated by defendants, and upon
which plaintiff will rely at the time of trial.

12. State in what respect plaintiff has sustained a serious injury as
defined in Insurance Law § 5102 (d), or economic loss greater than
basic economic loss as defined in Insurance Law § 5102.

13. State how it is claimed the accident occurred.

14. State all the acts or omissions constituting the negligence claimed.

15. State the nature of all injuries claimed, and specify those claimed
to be permanent.

16. State the name and address of each and every hospital or
emergency room at which plaintiff was examined or treated for the
injuries claimed herein, together with dates of treatment.

17. State the name and address of each and every physician,
chiropractor, physical therapist, acupuncturist, or other medical
provider who treated the plaintiff with reference to the injuries
claimed herein, together with dates of treatment.

18. State the name of each and every facility physician or other
medical provider (excluding the aforementioned hospitals) who
took MRIs, CT scans, X-rays, or other diagnostic films or tests,
such as EMGs, relating to plaintiff’s alleged injuries, together with
the dates said services were rendered.

19. State the length of time plaintiff was confined to bed and home.

20. With reference to plaintiff’s employment, state:

a. name and address of plaintiff’s employer at the time of the
accident;
b. name and address of plaintiff’s present employer;
c. nature of plaintiff’s occupation;
d. length of time it will be claimed plaintiff was incapacitated
from any employment after the accident;

10 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

e. average weekly, monthly, and yearly salary at the time of
the accident (earnings if self-employed);
f. amount of lost earnings claimed.

20. If plaintiff was a student, state the name and address of each school
attended, and the length of time plaintiff was incapacitated from
attending school.

21. State the total amounts claimed as special damages for:

a. hospital expenses;
b. physician's expenses;
c. chiropractor expenses;
d. expenses for diagnostic tests;
e. any other medical expenses, including physical therapy,
home care, and nursing services.

22. State whether any, or all, of the aforementioned expenses were
reimbursed by a no-fault carrier, or other collateral source and, if
so, state:

a. the name and address of the carrier or collateral source;
b. amount of reimbursement.

23. If a claim for property damage is being alleged, state the following:

a. a list of all parts of plaintiff’s vehicle claimed to have been
damaged as a result of the alleged accident;
b. the sums claimed to have been expended or to be expended
for the repair of said vehicle (attach itemized repair bill
estimate);
c. the market value of the vehicle on the date of the accident;
d. the market value of the vehicle prior to any repair;
e. the purchase price of the vehicle, and whether it was
bought new or used;
f. the length of time plaintiff claims to have been deprived of
the use of his vehicle, and any expenditures incurred by
plaintiff in renting or using a replacement vehicle.

PLEASE TAKE FURTHER NOTICE, that if the above demands are not complied

with within the next thirty (30) days, an application will be made to preclude the plaintiff from

giving any evidence thereof upon the trial of this action, pursuant to the aforementioned rules.

Dated: New York, New York
January 8, 2021

11 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

Gregory P. Lewis, Esq.
Law Offices of Tobias & Kuhn
Attorneys for Defendants
COMPU PHONE VOICE & DATA and
EDGAR MATOS
100 William Street, Suite 920
New York, New York 10038
Tel. No.: (212) 553-8700
File No.: Y2JAL86025-001/GPL/jd

To: Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016

Clint Poimpey
104 Majesty Lane
Somerset, NJ 08873

12 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------- NOTICE FOR DISCOVERY
SHAFAQ NASEER, AND INSPECTION

Plaintiff, Index No: 522991/2020

-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------

COUNSELORS:

PLEASE TAKE NOTICE, that pursuant to CPLR 3101, 3120 and the Rules of the

Appellate Division, demand is hereby made upon the plaintiff or his attorney to serve upon and

deliver to the undersigned attorney for the defendants COMPU PHONE VOICE & DATA and

EDGAR MATOS within twenty (20) days of receipt of this notice:

1. Provide the following:

a. Any and all photographs of the scene of the occurrence.

b. Any and all photographs of the plaintiffs’ injuries.

c. Any and all photographs take of the automobiles involved
in the accident, if applicable.

d. Any and all photographs of the machine, product, or
instrumentality herein.

2. Names and addresses of all persons claimed by plaintiff to have
witnessed the accident. If no such persons are known to plaintiff
or his representatives, so state in reply to this demand. The
defendants will object at the time of the trial to the testimony of
any persons not so identified.

3. Names and addresses of all notice witnesses. If no such persons
are known to the plaintiff or his representatives, so state in reply to
this demand. The defendants will object at the time of the trial to
the testimony of any persons not so identified.

13 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

4. Statements of our clients.

5. Names of parties who have appeared, with names and addresses of
their attorneys.

6. Names and addresses of any parties in possession of any product,
instrumentality or machine involved herein.

7. Copies of any and all materials, warranties, booklets, manuals,
pamphlets, advertisements and purchase receipts pertaining to any
product, instrumentality, or machine involved herein.

8. Copies of pleadings, papers and transcripts exchanged prior to the
appearance of the defendants.

9. Duly executed and acknowledged written ambulance
authorizations for all call reports prepared by Police Department
and/or Fire Department and/or EMS workers.

10. A copy of the medical reports of those physicians who have treated
or examined the plaintiff.

11. Duly executed and acknowledged written authorizations permitting
the defendants to obtain and make copies of the entire hospital
records of the plaintiff, including all diagnostic films and test
reports.

12. Duly executed and acknowledged written authorizations permitting
the defendants to obtain and copy the office records, diagnostic
films and test reports of any medical or other provider who has
examined the plaintiff with respect to the injuries and conditions
claimed herein.

13. Duly executed and acknowledged written authorizations permitting
the defendants to obtain actual copies of any MRI films, CT scans,
X-rays and any other diagnostic test films taken of plaintiff, as well
as EMG/EEG test results and reports with respect to same.

14. Duly executed and acknowledged written authorizations permitting
the defendants to obtain copies of records from pharmacy and
surgical supply stores for all drugs, medications, medical supplies
or devices, and for each and every prosthetic device worn by
plaintiff.

15. Duly executed and acknowledged written authorizations permitting
defendants to obtain and make copies of plaintiff’s No Fault file

14 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

and the file of any collateral source provider that reimbursed
plaintiff for the injuries/conditions alleged herein. Said
authorizations should contain the name, address and file number of
the No-Fault or collateral source carrier.

16. In case of death, duly executed and acknowledged written
authorizations for complete medical examiner’s records, including
pathology slides.

17. Duly executed and acknowledged written authorizations permitting
the defendants to obtain actual copies of the entire medical file and
all billing records of each treating chiropractor and/or physical
therapist that plaintiff has sought treatment from with respect to the
injuries alleged herein.

18. If any claim or suit brought with respect to a prior and/or
subsequent injury to the same bodily parts alleged injured herein,
duly executed and acknowledged written authorizations for any
collateral source provider who indemnified plaintiff; index
number, venue and caption of said action; and authorization for
plaintiff’s attorney file relating to said action.

19. Duly executed and acknowledged written authorizations permitting
the defendants to obtain copies of office records, diagnostic films
and test reports of all medical providers who treated or examined
plaintiff for prior/subsequent injuries/conditions to the same bodily
parts allegedly injured herein.

20. Duly executed and acknowledged written authorizations permitting
the defendants to obtain the full Workers’ Compensation files
regarding the accident alleged in the within action, from both the
Workers’ Compensation Board and the Workers’ Compensation
carrier.

21. Copies of all training manuals provided to plaintiff by his
employer prior to the time of the alleged accident.

22. Copies of accident reports completed by plaintiff and/or copies of
accident reports prepared in the ordinary course of business by
others.

23. Copies of all safety manuals and/or written directions with regard
to safety procedures provided to plaintiff prior to the time of the
alleged accident.

24. Duly executed and acknowledged written authorizations with two
forms of photo ID permitting these defendants to obtain copies of

15 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

all tax returns from 2 years prior to the accident and up to the
present.

25. Duly executed and acknowledged written authorizations permitting
the defendants to obtain copies of all employment records for 2
years prior to accident up to the present, such authorization to
permit defendants to obtain any and all employment physical
examinations and medical records maintained by plaintiff
employer or agent.

26. Duly executed and acknowledged written authorizations permitting
the defendants to obtain for school records, for (2) two years prior
to accident, up to the present.

27. Copies of any agreements, contracts or leases referred to directly
or indirectly in the complaint or other pleadings in this action.

28. Disclosure and provision, pursuant to CPLR 3101(i), of any and all
audio tapes, including transcripts or memoranda thereof, involving
a person referred to in CPLR 3101(a) (i).

29. Duly executed and acknowledged written authorization(s)
permitting defendants to obtain and inspect any and all records
reflecting any collateral source or payment.

30. Duly executed and acknowledged written authorizations permitting
defendants to obtain and inspect any and all union records and
benefits, for 2 years prior to and up to the present; such
authorizations to permit defendants to obtain any and all records
pertaining to union physical examinations and medical
examinations.

31. Copies of any transcripts of testimony of any party taken in any:

a. motor vehicle hearing;
b. hearing, trial or other proceedings regarding the violation
of any code, ordinance or statute;
c. hearing pursuant to Section 50-H of the General Municipal
Law; and
d. trial, action or proceeding arising out of the facts or
circumstances giving rise to this litigation.

If any of the foregoing occurred, but no transcripts are available, so
state.

32. A copy of any notice of claim served upon any municipality,
school district, governmental agency or quasi-governmental

16 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

agency, which notice of claim refers to the facts giving rise to this
litigation.

33. Copy of plaintiff’s marriage certificate(s).

To: Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016

Clint Poimpey
104 Majesty Lane
Somerset, NJ 08873

17 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------
SHAFAQ NASEER, DEMAND FOR EXPERT
WITNESS INFORMATION
Plaintiff,
Index No: 522991/2020
-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------
COUNSELORS:

PLEASE TAKE NOTICE, that pursuant to CPLR 3101, 3120 and the Rules of the

Appellate Division, demand is hereby made upon the plaintiff or his attorney to serve upon and

deliver to the undersigned attorney for the defendants COMPU PHONE VOICE & DATA and

EDGAR MATOS within twenty (20) days of receipt of this notice:

1. State the name and address of each person plaintiff expects
to call to give expert testimony at the trial of this action.

2. State the qualifications, including educational background
and degrees, publication, memberships in professional
organizations and societies, certifications and licenses,
internships, residencies, fellowships, current hospital
affiliations and employment history of each person plaintiff
expects to call to give expert testimony at the trial of this
action.

3. For each person plaintiff expects to call to give expert
testimony at this trial, state the subject matter “in
reasonable detail” of the testimony, the opinions and
conclusions to which the expert is expected to testify, a
summary of the facts upon which the expert will rely in
formulating his opinion.

4. State the opinions and conclusions, and the source of
sources of the expert’s knowledge concerning such facts,
including, where applicable, the date, statistics, studies,
surveys, reports, test results, analyses, and all other source
material relied upon by the expert.

18 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

To: Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016

Clint Poimpey
104 Majesty Lane
Somerset, NJ 08873

19 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------
SHAFAQ NASEER, DEMAND PURSUANT
TO CPLR § 4545
Plaintiff,
Index No: 522991/2020
-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------

C O U N S E L O R S:

PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the

plaintiff that they serve upon the undersigned, a statement in conformity with CPLR § 4545,

stating whether any part of the cost of medical care, dental care, custodial care, rehabilitation

services, loss of earnings, or other economic loss sought to be recovered herein was replaced or

indemnified, in whole or in part, from any collateral source such as insurance, social security

(except those benefits provided under Title 18 of the Social Security Act), Workers'

Compensation, or employee benefit programs and, if so, the full name and address of each

organization or program providing such replacement or indemnification, together with an

itemized statement of the amount in which each such claimed item of economic loss was

replaced or indemnified by each such organization or program.

Demand is additionally made for duly executed and acknowledged original written

authorizations permitting the undersigned to inspect and copy any records reflecting any

collateral source or payment in response to the foregoing demand.

20 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing

within twenty (20) days will serve as the basis of a motion for appropriate relief and/or sanctions

pursuant to the CPLR.

To: Harmon, Linder & Rogowsky, Esqs.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, NY 10016

Clint Poimpey
104 Majesty Lane
Somerset, NJ 08873

21 of 30
FILED: KINGS COUNTY CLERK 01/14/2021 10:54 AM INDEX NO. 522991/2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/14/2021

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------
SHAFAQ NASEER, NOTICE OF EXAMINATION
BEFORE TRIAL
Plaintiff,
Index No: 522991/2020
-against-

CLINT POIMPEY, COMPU PHONE VOICE &
DATA and EDGAR MATOS,

Defendants.
-------------------------------------------------------------------

C O U N S E L O R S:

PLEASE TAKE NOTICE, that pursuant to Article 31 of Civil Practice Law and Rules,

the defendants, COMPU PHONE VOICE & DATA and EDGAR MATOS, will take the

deposition of the plaintiff as an adverse party or parties on the 20th day of July, 2021, at 10:00

A.M., before

Case Info

Judge

Ingrid Joseph Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

January 14, 2021

Case Filing Date

November 18, 2020

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.