Preview
(FILED: NEW YORK COUNTY CLERK 09/02/2016 I1:56 AM INDEX NO. 156120/2016
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/02/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
reacesa
Index No.: 156120/2016
KIMBERLY D. SUAREZ,
COMBINED
Plaintiff, DISCOVERY DEMANDS
-against-
JOSE J. LEON,
Defendant.
pemiaecienre —
COUNSEL:
PLEASE TAKE NOTICE, that the undersigned hereby makes the following
demands upon you, returnable at the office of the undersigned within thirty days of
service upon you of the following:
1 Demand for the Names and Addresses of all Witnesses;
2 Demand for the Discovery and Inspection of any Statement of a Party
Represented by the Undersigned;
3 Notice of Discovery and Inspection for Medical Information and
Authorizations;
4 Notice of Discovery and Inspection of Photographs;
5 Demand for Experts;
6 Demand for Accident Reports;
T Demand for Production of Insurance Agreements.
That, in lieu of the foregoing, the plaintiff may submit readable photocopies of
the aforesaid documents by mailing them to MARONEY O'CONNOR LLP, 11
Broadway, Suite 831, New York, New York 10004, on or before the date the
documents are to be produced.
1 of 6
DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES:
PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands,
pursuant to CPLR 3101(a), that you set forth in writing and under oath, the name and
address of each person claimed by any party you represent, to be a witness 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 the occurrence in the complaint;
or
() The nature and duration of any alleged condition which allegedly
caused the occurrence alleged in the complaint.
If no such witnesses are known to plaintiff, so state in the sworn reply to this
Demand. The undersigned will object upon trial to the testimony of any witnesses not
so identified.
DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY
STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED:
PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf
of the parties they represent in this action, that pursuant to CPLR 3101(c) and 3120,
you produce at the time and place herein specified, and permit the undersigned to
discover, inspect and copy each and every statement made by or taken from each
such part and his, her or its agents, servant or employee now in your possession,
custody or control or in the possession, custody or control of any party you represent
in this action, if such statement in any manner bears on the issues in this action.
2 of 6
NOTICE FOR DISCOVERY AND INSPECTION FOR
MEDICAL INFORMATION AND AUTHORIZATIONS
PLEASE TAKE FURTHER NOTICE, that pursuant to Section 3101, et seq.
(including Rule 3120) of the Civil Practice Law and Rules, the plaintiff herein is
required to produce and allow discovery and allow discovery to be made by
answering defendant of the following:
(a) Copies of the medical reports of those physicians who have previously
treated or examined the part seeking recovery and who will testify in their behalf.
These shall include but not be limited to a detailed recital of the injuries and
conditions as to which testimony will be offered at the trial of this action referring to
and identifying those x-ray and technicians’ reports which shall be offered at the trial
of this action.
(b) Duly executed and acknowledged written authorization permitting all
parties to obtain and make copies of all hospital records and such other records
including x-rays and technicians’ reports as may be referred to and identified in the
statement of the examined party’s physicians.
(c) Any and all other medical data not hereinabove specifically referred to
upon which the plaintiff will rely upon or offer for consideration in the proceeding.
(d) The name and address of each and every party who has been
consulted by the plaintiff concerning injuries sustained as a result of the occurrence
referred to in the complaint or who has rendered any treatment of any kind or nature
to the plaintiff.
(e) Any and all bills, invoices, or receipts for treatment given to the plaintiff
for injuries or other physical conditions resulting from the occurrence referred to in
the complaint.
3 of 6
Duly executed and acknowledged collateral source authorizations.
(9) Duly executed and acknowledged union record authorization.
DEMAND FOR DISCOVERY AND INSPECTION OF PHOTOGRAPHS:
PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf
of the parties they represent in this action, that pursuant to Section 3101 et seq., you
Produce at the time and place herein specified and permit the undersigned to
discovery, inspect and copy any and all photographs taken of the alleged scene or
place of the occurrence complained of which are now in your possession, custody
and control, or in the possession, custody and control of any party you represent in
this action, if such photograph in any manner bears upon the issues in this action.
NOTICE PURSUANT TO CPLR 3101(d)
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3120(d) demand is
hereby made upon you to disclose the following:
1 Identify each person whom you expect to call as an expert witness at
trial, and state the qualifications of each such expert.
2 State in reasonable detail the subject matter on which each expert is
expected to testify.
3 State the facts and opinions on which each expert is expected to testify.
DEMAND FOR ACCIDENT REPORTS:
PLEASE TAKE NOTICE, that demand is hereby made upon all parties hereto
to produce the following:
Any accident reports or statements prepared or made in the regular course of
business by any employee, agent or representative of any party to this action.
DEMAND FOR PRODUCTION OF INSURANCE AGREEMENTS
PLEASE TAKE NOTICE, that demand is hereby made upon all parties herein,
4 of 6
pursuant to CPLR 3101(F), to produce and permit the undersigned attorneys to
inspect and copy the contents of:
(a) Each and every primary, contributing and excess insurance agreement
under which any person carrying on an insurance business may be liable to satisfy
part or all of a judgment which may be entered in this action or to indemnify or
reimburse for payments made to satisfy any such judgment;
(b) All insurance agreements in which the insurer is obligated to defend this
action.
PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing
demands and that if any of the above items are obtained after the date of this
Demand, they are to be furnished to the attorneys for this defendant, pursuant to
these demands.
Dated: New York, New York
September 1, 2016
Yours, etc.
[
THOMAS J. MARO!
MARONEY O’CON eis
Attorneys for Defendant
JOSE J. LEON
11 Broadway, Suite 831
New York, New York 10004
212.509.2009
File No.: 20167910
TO:
Salvatore J. Sciangula, Esq
Attorney for Plaintiff
KIMBERLY D. SUAREZ
138 Compass Place
Arverne, NY 11692
646.256.0099
5 of 6
Index No.: 156120/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KIMBERLY D. SUAREZ,
Plaintiff,
-against-
JOSE J. LEON,
Defendant.
— --X
COMBINED DISCOVERY DEMANDS
MARONEY O’CONNOR LLP
Attorneys for Defendant
JOSE J. LEON
11 Broadway, Suite 831
New York, New York 10004
212.509.2009
File No.: 20167910
6 of 6
Preview
(FILED: NEW YORK COUNTY CLERK 09/02/2016 I1:56 AM INDEX NO. 156120/2016 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK reacesa Index No.: 156120/2016 KIMBERLY D. SUAREZ, COMBINED Plaintiff, DISCOVERY DEMANDS -against- JOSE J. LEON, Defendant. pemiaecienre — COUNSEL: PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands upon you, returnable at the office of the undersigned within thirty days of service upon you of the following: 1 Demand for the Names and Addresses of all Witnesses; 2 Demand for the Discovery and Inspection of any Statement of a Party Represented by the Undersigned; 3 Notice of Discovery and Inspection for Medical Information and Authorizations; 4 Notice of Discovery and Inspection of Photographs; 5 Demand for Experts; 6 Demand for Accident Reports; T Demand for Production of Insurance Agreements. That, in lieu of the foregoing, the plaintiff may submit readable photocopies of the aforesaid documents by mailing them to MARONEY O'CONNOR LLP, 11 Broadway, Suite 831, New York, New York 10004, on or before the date the documents are to be produced. 1 of 6 DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES: PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR 3101(a), that you set forth in writing and under oath, the name and address of each person claimed by any party you represent, to be a witness 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 the occurrence in the complaint; or () The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. If no such witnesses are known to plaintiff, so state in the sworn reply to this Demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. DEMAND FOR THE DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED: PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf of the parties they represent in this action, that pursuant to CPLR 3101(c) and 3120, you produce at the time and place herein specified, and permit the undersigned to discover, inspect and copy each and every statement made by or taken from each such part and his, her or its agents, servant or employee now in your possession, custody or control or in the possession, custody or control of any party you represent in this action, if such statement in any manner bears on the issues in this action. 2 of 6 NOTICE FOR DISCOVERY AND INSPECTION FOR MEDICAL INFORMATION AND AUTHORIZATIONS PLEASE TAKE FURTHER NOTICE, that pursuant to Section 3101, et seq. (including Rule 3120) of the Civil Practice Law and Rules, the plaintiff herein is required to produce and allow discovery and allow discovery to be made by answering defendant of the following: (a) Copies of the medical reports of those physicians who have previously treated or examined the part seeking recovery and who will testify in their behalf. These shall include but not be limited to a detailed recital of the injuries and conditions as to which testimony will be offered at the trial of this action referring to and identifying those x-ray and technicians’ reports which shall be offered at the trial of this action. (b) Duly executed and acknowledged written authorization permitting all parties to obtain and make copies of all hospital records and such other records including x-rays and technicians’ reports as may be referred to and identified in the statement of the examined party’s physicians. (c) Any and all other medical data not hereinabove specifically referred to upon which the plaintiff will rely upon or offer for consideration in the proceeding. (d) The name and address of each and every party who has been consulted by the plaintiff concerning injuries sustained as a result of the occurrence referred to in the complaint or who has rendered any treatment of any kind or nature to the plaintiff. (e) Any and all bills, invoices, or receipts for treatment given to the plaintiff for injuries or other physical conditions resulting from the occurrence referred to in the complaint. 3 of 6 Duly executed and acknowledged collateral source authorizations. (9) Duly executed and acknowledged union record authorization. DEMAND FOR DISCOVERY AND INSPECTION OF PHOTOGRAPHS: PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of the parties they represent in this action, that pursuant to Section 3101 et seq., you Produce at the time and place herein specified and permit the undersigned to discovery, inspect and copy any and all photographs taken of the alleged scene or place of the occurrence complained of which are now in your possession, custody and control, or in the possession, custody and control of any party you represent in this action, if such photograph in any manner bears upon the issues in this action. NOTICE PURSUANT TO CPLR 3101(d) PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3120(d) demand is hereby made upon you to disclose the following: 1 Identify each person whom you expect to call as an expert witness at trial, and state the qualifications of each such expert. 2 State in reasonable detail the subject matter on which each expert is expected to testify. 3 State the facts and opinions on which each expert is expected to testify. DEMAND FOR ACCIDENT REPORTS: PLEASE TAKE NOTICE, that demand is hereby made upon all parties hereto to produce the following: Any accident reports or statements prepared or made in the regular course of business by any employee, agent or representative of any party to this action. DEMAND FOR PRODUCTION OF INSURANCE AGREEMENTS PLEASE TAKE NOTICE, that demand is hereby made upon all parties herein, 4 of 6 pursuant to CPLR 3101(F), to produce and permit the undersigned attorneys to inspect and copy the contents of: (a) Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any such judgment; (b) All insurance agreements in which the insurer is obligated to defend this action. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and that if any of the above items are obtained after the date of this Demand, they are to be furnished to the attorneys for this defendant, pursuant to these demands. Dated: New York, New York September 1, 2016 Yours, etc. [ THOMAS J. MARO! MARONEY O’CON eis Attorneys for Defendant JOSE J. LEON 11 Broadway, Suite 831 New York, New York 10004 212.509.2009 File No.: 20167910 TO: Salvatore J. Sciangula, Esq Attorney for Plaintiff KIMBERLY D. SUAREZ 138 Compass Place Arverne, NY 11692 646.256.0099 5 of 6 Index No.: 156120/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK KIMBERLY D. SUAREZ, Plaintiff, -against- JOSE J. LEON, Defendant. — --X COMBINED DISCOVERY DEMANDS MARONEY O’CONNOR LLP Attorneys for Defendant JOSE J. LEON 11 Broadway, Suite 831 New York, New York 10004 212.509.2009 File No.: 20167910 6 of 6