Preview
FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
CERTIFICATION
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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I hereby certify that all of the papers that I have served, filed or submitted to the Court in
this action are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of the
Chief Administrator of the Courts.
Notice to Take Deposition Upon Oral Examination
Demand for a Verified Bill of Particulars
Notice of Discovery and Inspection
Notice Re: Medicals
Demand Pursuant to Mandatory Insurer Reporting Law
Demand for Statements
Demand for Expert Witness Information
Demand for Collateral Source Information
Demand for Ad Damnum
Demand for Authorizations from Prior Incidents and/or Accidents
Dated: June 14, 2023
White Plains, New York
McCAULEY LAW FIRM, PLLC
Todd M. McCauley
By: ____________________________________
Todd M. McCauley, Esq.
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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TO:
THE FLOMENHAFT LAW FIRM, PLLC
Attn: Michael Flomenhaft, Esq.
Attorneys for Plaintiff
KALWEEN RODRIGUEZ
90 Broad Street, Suite 1901
New York, NY 10004
Tel: (646) 747-0300
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
NOTICE TO TAKE
-against- DEPOSITION UPON
ORAL EXAMINATION
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, Defendant will take the oral deposition of Plaintiff on a mutually convenient date and time
pursuant to the directives of the Preliminary Conference Order, and the same will continue from
day to day until completed concerning all of the relevant facts and circumstances in connection
with this litigation. Said Defendant shall reserve the right to use electronic audio and visual
means to record said examination in conjunction with or instead of stenographic recordings
pursuant to applicable Court rules.
Plaintiff is required to produce at such examination the following:
(i) Copies of any and all statements – narrative, recorded or transcribed – made by or on behalf
of the plaintiff and any memoranda prepared of interviews held with the defendant or employees
of the defendant concerning the events which form the basis of this lawsuit; (ii) copies of all
medical reports and records concerning the plaintiff’s treatment for injuries allegedly suffered by
him because of this incident; (iii) copies of all photocopies and diagrams made and taken of the
site of the incident or of the equipment involved in the incident; and (iv) all documents which
discuss, refer or relate to any allegation contained in the Verified Complaint in this action.
Dated: June 14, 2023
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White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
DEMAND FOR A
-against- VERIFIED BILL OF
PARTICULARS
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that Defendant hereby demands that Plaintiff serves on the
undersigned, within thirty (30) days from the date of service hereof a Verified Bill of Particulars
with respect to the following matters:
1. Set forth date of birth, social security number and addresses of Plaintiff on the
date of the alleged occurrence.
2. State the exact date and approximate time of day of the occurrence complained of.
3. Describe the alleged occurrence.
4. Set forth the location of the occurrence referred to in the Verified Complaint with
sufficient detail to enable defendants to identify the same, including the address and street
number of the location, if within a building, give the number of the floor level and the
approximate distance from two or more fixed and identified points.
5. State in detail the acts or omissions constituting the negligence claimed on the
part of each Defendant for each cause of action.
6. Set forth the nature and extent of each and every injury claimed to have been
sustained by Plaintiff and the date(s) of onset of the symptoms.
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7. Describe in detail each injury claimed to have resulted in a permanent disability
and describe the nature and degree of disability.
8. Set forth the periods of: (a) total disability; and (b) partial disability.
9. Set forth the length of time it will be claimed Plaintiff was confined (a) to bed; (b)
house; (c) hospital; and (d) other facility.
10. Set forth the date(s) of treatment for the injuries sustained in the alleged
occurrence and the name and address of each provider of the treatment on each date.
11. State (a) the usual business or occupation of Plaintiff and (b) Plaintiff’s salary or
income, if any, per day, week or month.
12. Set forth the name and address of Plaintiff’s employer, or if self-employed, so
state, indicating the name and address under which Plaintiff was doing business.
13. Set forth the length of time, if any, Plaintiff was incapacitated from employment
of occupation, or if Plaintiff was a student, give the name of the school attended, and the grade in
which she was a student, and the dates missed from school.
14. Set forth the amount of lost earnings or any financial loss incurred and the method
by which the lost earnings and financial loss is computed.
15. Set forth the amounts incurred for:
(a) medical, surgical and dental services, including the name and address of
each facility, stating separately the amount of each service identified and
by whom rendered.
(b) hospital services, clinic charges, stating separately the name and address
of each hospital and clinic and the amount of each bill.
(c) nursing services.
(d) medical supplies.
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(e) services for ambulance, x-rays, prescription drugs and prosthetics, stating
separately the amount of each bill and the service for which it was
rendered.
(f) any other item, or damage.
16. State whether Plaintiff has sought reimbursement for any of the special damages
alleged above. If so, set forth the name and address of each individual and entity from whom
reimbursement was sought and the amount, if any, of reimbursement obtained.
17. State whether it is claimed that Defendant had notice of the condition complained
of and, if so, state whether actual or constructive notice is claimed; if constructive notice is
claimed, state for how long Plaintiff claims the condition existed before the alleged incident; if
actual notice is claimed, state by whom and to whom such notice was allegedly given and the
place and time it was given, and whether oral or written and, if written, set forth a copy thereof.
18. Set forth by chapter, article, section and paragraph each statute, ordinances, rule
or regulation, etc., if any, it will be claimed each Defendants violated.
19. If Plaintiff claims an exception under CPLR § 1602 to the limited liability
provisions of CPLR § 1601, set forth the basis of the claim.
20. Set forth and indicate if there are any actions pending between Plaintiff or any
other parties arising from the occurrence other than the within action and, if so, set forth the
court, the names of the parties, the index number of the action and the attorneys representing the
various parties.
21. Set forth and indicate if there have been any actions and/or claims by Plaintiff
involving injury to the same part of the body for which Plaintiff claims damages in the instant
action. If so, set forth the name of the Defendant(s) or person(s)/entities against whom the claim
was made, and, if applicable, the court, index number and status of the claim/action.
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PLEASE TAKE NOTICE, that upon the failure of Plaintiff to serve a Verified Bill of
Particulars within the time specified, Defendant will move for an Order of Preclusion demanding
costs on such motion.
Dated: June 14, 2023
White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
NOTICE FOR
-against- DISCOVERY AND
INSPECTION
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to Rules 3101 and 3120 of New York Civil
Practice Rules, the undersigned demands that within thirty (30) days of the date of service hereof
that Plaintiff produce and permit the undersigned to inspect and copy at the McCauley Law Firm,
PLLC, 777 Westchester Avenue, Suite 101, White Plains, New York 10604 the following
documents:
1. Duplicate original copies of any and all photographs, films or videotapes which
depict or purport to depict the subject accident scene or any aspect of the subject accident scene
in this case.
2. Duplicate original copies of any and all photographs, films or videotapes, which
depict or purport to depict any aspect of Plaintiff’s injuries alleged herein.
3. If it is claimed that Defendant had actual, written notice of the condition
complained of, set forth copies thereof.
4. All reports, correspondences and/or notices prepared or signed by Plaintiff to
employers, insurers or other persons concerning the subject accident.
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5. All written reports concerning the subject accident prepared in the regular course
of business operations or practices of any person, firm, corporation, association or other public or
private entity.
6. All reports prepared by and on behalf of or signed by Plaintiff, including but not
limited to accident and aided reports, relating to the condition, circumstances, etc. alleged herein.
7. All pleadings or other documents in any legal or administrative proceeding other
than this litigation arising out of the subject accident.
8. (a) The names and addresses of all physicians or other healthcare providers of
every description who have consulted, examined or treated Plaintiff for each of the conditions
allegedly caused by, or exacerbated by, the occurrence described in the Verified Complaint,
including the date of such treatment or examination;
(b) duly executed and acknowledged written authorizations directed to any
hospital, clinic or other healthcare facility in which the injured Plaintiff herein is or was treated
or confined due to the occurrence set forth in the Verified Complaint so as to permit the securing
of a copy of the entire hospital record or records including x-rays and technicians’ reports;
(c) duly executed and acknowledged written authorizations to allow
Defendant to obtain the complete office medical records relating to Plaintiff, of each healthcare
provider identified in (a) above;
(d) copies of all medical reports received from healthcare providers identified
above;
(e) duly executed and acknowledged written authorizations allowing the
Defendant to obtain the complete pharmacy or drug store records with respect to any drugs
prescribed for Plaintiff, from one year prior to the occurrence described in the Verified
Complaint to the present date;
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(f) copies of any bills for services rendered by any doctors, therapists,
technicians, and/or healthcare facilities including hospitals, for treatment rendered to Plaintiff in
connection with the occurrence described in the Verified Complaint; and
(g) duly executed and acknowledged written authorizations permitting the
Defendant to obtain all diagnostic films or tests including but not limited to x-rays, CT scans,
MRI’s, etc. taken of Plaintiff in connection with the injuries claimed in this lawsuit.
9. Duly acknowledged and executed written authorizations permitting Defendant to
obtain all hospital and physicians’ records relating to the medical care and treatment of Plaintiff
for a period of five (5) years prior to the subject accident.
10. All documents referring or relating to any disability rating you have received at
any time.
11. All documents referring or relating to any claim for workers’ compensation or
other claim for employment related injuries made by Plaintiff at any time for any reason.
12. Any signed statement, unsigned statement, or copy of any recorded statement or
document made by or taken from any party represented by the undersigned in this action, or from
any agent, servant or employee of Defendant represented by this office.
13. The names and addresses of each person known or claimed by you or any party
you represent in this action to be a witness to:
a) the occurrence alleged in the Verified Complaint in this action;
b) any acts, omissions, or conditions which allegedly cause the occurrence alleged in
the Verified Complaint;
c) any actual notice allegedly given to Defendant herein of any condition with
allegedly caused the occurrence, circumstances, other conditions, etc. alleged in
the Verified Complaint; and
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d) the nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the Verified Complaint.
14. All documents which Plaintiff contends substantiates Plaintiff’s claim for loss of
income or earning capacity arising out of the subject accident.
15. Duly acknowledged and executed written authorizations permitting the Defendant
to obtain Plaintiff’s complete personnel file and other records pertaining to Plaintiff’s
employment for the period from two (2) years prior to the date of the incident.
16. (a) Copies of the income tax returns filed by Plaintiff and the W-2 forms
received by Plaintiff and filed with the United States Federal Government, New York State
Government and New York City Government for the period from two (2) years prior to the date
of the incident.
(b) Duly executed and acknowledged authorizations allowing Defendant to
obtain copies of the income tax returns filed by Plaintiff and the W-2 forms received by Plaintiff
and filed with the United States Federal Government, New York State Government and New
York City Government for the period from two (2) years prior to the date of the incident.
17. Copies of transcripts containing testimony by Plaintiff relating to the subject
incident or Plaintiff’s injuries alleged herein, including but not limited to 50-h hearings, Social
Security Administration disability hearings, and Workers’ Compensation Board hearings.
PLEASE TAKE FURTHER NOTICE, that all the above demands are continuing
demands and that if any of the above items are obtained after the date of these demands they
must be provided to Defendant. The undersigned will object at the time of trial of this action to
the testimony or other evidence concerning any of the injuries, conditions or other information
not provided in response to these demands.
Dated: June 14, 2023
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White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
NOTICE RE: MEDICALS
-against-
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that Plaintiff is required to serve upon the undersigned
within twenty (20) days following receipt of this notice, the following:
1. The names and addresses of all physicians or health care providers who have
treated, examined or consulted with Plaintiff for each of the conditions allegedly
caused by, or exacerbated by, the occurrence described in the Complaint,
including the date of such treatment or examination.
2. Detailed narrative reports of all physicians and health care providers regarding
their treatment and care of or consultation with Plaintiff. Said reports must
identify any other medical documentation, including X-rays and technician
reports relied upon or intended to be offered as evidence on Plaintiff’s behalf.
a) all hospitals, clinics and/or health care facilities in which the injured
Plaintiff herein was treated or confined due to the occurrence set forth in
the Complaint;
b) all treating, examining and/or consulting physicians and/or other health
care providers relating to the injured Plaintiff herein (Pizzo v. Bunora,
89 A.D.2d 1013, 454 N.Y.S.2d 455);
c) all pharmacies from which the injured Plaintiff herein purchased
prescription medication for a period of one (1) year preceding the
underlying occurrence to the present; and
d) all hospitals or other facilities in which Plaintiff was treated or confined
and all physicians and/or health care providers who treated, examined or
consulted with the injured Plaintiff prior to the underlying occurrence for
any injury or condition claimed to have been aggravated or exacerbated in
the underlying occurrence or for any prior injury or condition affecting the
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same, related or adjacent body parts claimed to have been injured in the
occurrence underlying this action.
The foregoing authorization shall be directed to the appropriate hospital, physician, etc.,
with complete address of same and indicating any hospital or account number, dates of
confinement or treatment and issued and executed in favor of the undersigned not more than
thirty (30) days before receipt by the undersigned.
PLEASE TAKE FURTHER NOTICE, that Defendant will move to preclude the offer
into evidence on behalf of Plaintiff’s testimony of any physician whose report has not been
supplied in response hereto and as required by the applicable provisions of the CPLR and
Appellate Division Rules and to preclude the offer into evidence of any demanded medical
documentation or materials unless there has been full compliance with this demand.
Dated: June 14, 2023
White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
DEMAND PURSUANT TO
-against- MANDATORY INSURER
REPORTING LAW
TOV MANAGEMENT CORP., TOV PROPERTY SECTION 111 OF
MANAGEMENT CORP., METROPOLITAN REALTY PUBLIC LAW 110-173
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to the Mandatory Insurer Reporting Law
(Section 111 of Public Law 110-173), Plaintiff is required to provide the following information if
Plaintiff is pursuing a claim for bodily injury, medical payments, Workers’ Compensation or no-
fault benefits:
1. Has Plaintiff ever made a claim or received Medicare and/or Social Security
Disability benefits?
2. Does Plaintiff intend to make a claim for Medicare and/or Social Security
Disability benefits?
3. Is Plaintiff eligible for Medicare and/or Social Security Disability benefits?
4. Set forth Plaintiff’s Medicare Health Insurance Claim Number.
5. If the response to Numbers 1, 2, 3, or 4 is in the affirmative, please have Plaintiff
complete and fully execute the attached Medicare HIPAA Authorization, Medicare Beneficiary
Proof of Representation Agent Agreement, and Social Security Administration Consent for
Release of Information, permitting the McCauley Law Firm, PLLC to secure all relevant
information to comply with the Medicare Secondary Payer Act.
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6. If the responses to Numbers 1, 2, 3, or 4 are all in the negative, please have
Plaintiff complete and fully execute the attached Affidavit certifying the responses.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand.
PLEASE TAKE FURTHER NOTICE, that you are required to timely supplement your
responses to the foregoing demands with any additional or further information that becomes
known to you, or your attorneys, during this action.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply with the
foregoing demands, appropriate motions will be made to compel disclosure or preclude you from
offering in evidence at trial any matter that is not disclosed by you in the response to this
demand, in addition to other remedies available to this party.
PLEASE TAKE FURTHER NOTICE, that Defendants reserves its right to supplement
this demand upon completion of all discovery in this action.
Dated: June 14, 2023
White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
DEMAND FOR
-against- STATEMENTS
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that this demand is hereby made upon Plaintiff pursuant to
CPLR sections 3101(e) and 3120, for a copy of all statements, signed or unsigned, recorded on
tape electronically or otherwise, made by any representatives of Defendant or its agents, servants
and employees of said parties, taken by, or on behalf of, or in the possession of, any of the other
parties to this action or their respective attorneys relating to the incident involved in the within
action. If there are no statements, please advise accordingly by sworn statement.
PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
within thirty (30) days hereof will serve as a basis for objection by the undersigned to the use of
such statements upon the trial of this matter.
Dated: June 14, 2023
White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
DEMAND FOR EXPERT
-against- WITNESS INFORMATION
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(d)(1) you are hereby required
to set forth, within twenty (20) days of the date of service hereof, the following:
A. The name and address of each and every person you expect to call as an expert
witness at the trial of this action;
B. Detailed subject matter on which each expert is expected to testify;
C. The substance of the facts and opinions on which each expert is expected to testify;
D. The qualification(s) of each expert witness; and
E. A summary of the factual grounds for each expert’s opinion.
PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the
trial of this action to preclude the testimony of any such expert, medical or otherwise, who has
not been properly identified together with the prospective testimony as demanded above.
PLEASE TAKE FURTHER NOTICE, that this Demand is a continuing demand and
requires your response concerning your intention to call any expert witness up to and including
the time of the commencement of the trial of this action.
Dated: June 14, 2023
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White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
DEMAND FOR
-against- COLLATERAL SOURCE
INFORMATION
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
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PLEASE TAKE NOTICE, that this demand is hereby made pursuant to § 4545 of the
Civil Practice Law and Rules that Plaintiff serve upon the undersigned, within twenty (20) days
of the date of service hereof, the following:
1. A verified statement as to whether Plaintiff seeks to recover any part of the cost of
medical care, dental care, custodial care, rehabilitation services, loss of earnings or other
economic loss alleged to have been sustained herein.
2. If item (1) is answered in the affirmative, provide a verified statement as to
whether each such item sought to be recovered herein is replaced or indemnified, in whole or in
part, from any collateral source, including not limited to insurance (except life insurance), Social
Security (except those benefits provided under Title 18 of the Social Security Act, 42 USCA
§1395, et seq.), Workers’ Compensation, or employee benefit programs, and, if so, state 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.
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3. Provide an itemized statement detailing the nature and amount of premiums paid
by Plaintiff for such benefits for the two (2) year period immediately preceding the actual accrual
of this action.
4. Set forth the name and address of each collateral source which Plaintiff claims she
is entitled by law to and any and all liens against any recovery by Plaintiff.
5. Provide an itemized statement of the nature and amount of the projected future
cost of maintaining such benefits.
6. State the amounts of such benefits Plaintiff will receive in the future from each
such collateral source pursuant to contract or other enforceable agreement subject only to the
continued payment of a premium and such other financial obligations as may be required by such
agreement.
7. Demand is additionally made for duly executed original authorizations permitting
the undersigned to inspect and copy records and files maintained by each payer of such collateral
sources or payments identified in response to the foregoing demand.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
will lead to the conclusion that no recovery for any part of the cost of medical care, dental care,
custodial care, rehabilitation services, lost earnings or other economic loss alleged to have been
sustained is being sought and objection will be made at trial to the introduction into evidence of
any proof with regard to these matters.
Dated: June 14, 2023
White Plains, New York
McCAULEY LAW FIRM, PLLC
Attorneys for Defendants
TOV MANAGEMENT CORP. and
TOV PROPERTY MANAGEMENT CORP.
777 Westchester Avenue, Suite 101
White Plains, New York 10604
Tel: (212) 679-3124
22 of 25
FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------X
KALWEEN RODRIGUEZ, Index No.: 506931/2022
Plaintiff,
DEMAND FOR
-against- AD DAMNUM
TOV MANAGEMENT CORP., TOV PROPERTY
MANAGEMENT CORP., METROPOLITAN REALTY
MANAGEMENT, INC., and METROPOLITAN
REALTY & MANAGEMENT NY INC.,
Defendants.
-----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the undersigned hereby demands that Plaintiff provide a
supplemental demand setting forth the total damages to which Plaintiff deems herself entitled,
within 15 days hereof, pursuant to Sec. 3017 of the CPLR.
Dated: June 14, 2023
Preview
FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, CERTIFICATION -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X I hereby certify that all of the papers that I have served, filed or submitted to the Court in this action are not frivolous as defined in subsection (c) of Section 130-1.1 of the Rules of the Chief Administrator of the Courts. Notice to Take Deposition Upon Oral Examination Demand for a Verified Bill of Particulars Notice of Discovery and Inspection Notice Re: Medicals Demand Pursuant to Mandatory Insurer Reporting Law Demand for Statements Demand for Expert Witness Information Demand for Collateral Source Information Demand for Ad Damnum Demand for Authorizations from Prior Incidents and/or Accidents Dated: June 14, 2023 White Plains, New York McCAULEY LAW FIRM, PLLC Todd M. McCauley By: ____________________________________ Todd M. McCauley, Esq. Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 1 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 TO: THE FLOMENHAFT LAW FIRM, PLLC Attn: Michael Flomenhaft, Esq. Attorneys for Plaintiff KALWEEN RODRIGUEZ 90 Broad Street, Suite 1901 New York, NY 10004 Tel: (646) 747-0300 2 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, NOTICE TO TAKE -against- DEPOSITION UPON ORAL EXAMINATION TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, Defendant will take the oral deposition of Plaintiff on a mutually convenient date and time pursuant to the directives of the Preliminary Conference Order, and the same will continue from day to day until completed concerning all of the relevant facts and circumstances in connection with this litigation. Said Defendant shall reserve the right to use electronic audio and visual means to record said examination in conjunction with or instead of stenographic recordings pursuant to applicable Court rules. Plaintiff is required to produce at such examination the following: (i) Copies of any and all statements – narrative, recorded or transcribed – made by or on behalf of the plaintiff and any memoranda prepared of interviews held with the defendant or employees of the defendant concerning the events which form the basis of this lawsuit; (ii) copies of all medical reports and records concerning the plaintiff’s treatment for injuries allegedly suffered by him because of this incident; (iii) copies of all photocopies and diagrams made and taken of the site of the incident or of the equipment involved in the incident; and (iv) all documents which discuss, refer or relate to any allegation contained in the Verified Complaint in this action. Dated: June 14, 2023 3 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 4 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, DEMAND FOR A -against- VERIFIED BILL OF PARTICULARS TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that Defendant hereby demands that Plaintiff serves on the undersigned, within thirty (30) days from the date of service hereof a Verified Bill of Particulars with respect to the following matters: 1. Set forth date of birth, social security number and addresses of Plaintiff on the date of the alleged occurrence. 2. State the exact date and approximate time of day of the occurrence complained of. 3. Describe the alleged occurrence. 4. Set forth the location of the occurrence referred to in the Verified Complaint with sufficient detail to enable defendants to identify the same, including the address and street number of the location, if within a building, give the number of the floor level and the approximate distance from two or more fixed and identified points. 5. State in detail the acts or omissions constituting the negligence claimed on the part of each Defendant for each cause of action. 6. Set forth the nature and extent of each and every injury claimed to have been sustained by Plaintiff and the date(s) of onset of the symptoms. 5 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 7. Describe in detail each injury claimed to have resulted in a permanent disability and describe the nature and degree of disability. 8. Set forth the periods of: (a) total disability; and (b) partial disability. 9. Set forth the length of time it will be claimed Plaintiff was confined (a) to bed; (b) house; (c) hospital; and (d) other facility. 10. Set forth the date(s) of treatment for the injuries sustained in the alleged occurrence and the name and address of each provider of the treatment on each date. 11. State (a) the usual business or occupation of Plaintiff and (b) Plaintiff’s salary or income, if any, per day, week or month. 12. Set forth the name and address of Plaintiff’s employer, or if self-employed, so state, indicating the name and address under which Plaintiff was doing business. 13. Set forth the length of time, if any, Plaintiff was incapacitated from employment of occupation, or if Plaintiff was a student, give the name of the school attended, and the grade in which she was a student, and the dates missed from school. 14. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 15. Set forth the amounts incurred for: (a) medical, surgical and dental services, including the name and address of each facility, stating separately the amount of each service identified and by whom rendered. (b) hospital services, clinic charges, stating separately the name and address of each hospital and clinic and the amount of each bill. (c) nursing services. (d) medical supplies. 6 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 (e) services for ambulance, x-rays, prescription drugs and prosthetics, stating separately the amount of each bill and the service for which it was rendered. (f) any other item, or damage. 16. State whether Plaintiff has sought reimbursement for any of the special damages alleged above. If so, set forth the name and address of each individual and entity from whom reimbursement was sought and the amount, if any, of reimbursement obtained. 17. State whether it is claimed that Defendant had notice of the condition complained of and, if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long Plaintiff claims the condition existed before the alleged incident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and, if written, set forth a copy thereof. 18. Set forth by chapter, article, section and paragraph each statute, ordinances, rule or regulation, etc., if any, it will be claimed each Defendants violated. 19. If Plaintiff claims an exception under CPLR § 1602 to the limited liability provisions of CPLR § 1601, set forth the basis of the claim. 20. Set forth and indicate if there are any actions pending between Plaintiff or any other parties arising from the occurrence other than the within action and, if so, set forth the court, the names of the parties, the index number of the action and the attorneys representing the various parties. 21. Set forth and indicate if there have been any actions and/or claims by Plaintiff involving injury to the same part of the body for which Plaintiff claims damages in the instant action. If so, set forth the name of the Defendant(s) or person(s)/entities against whom the claim was made, and, if applicable, the court, index number and status of the claim/action. 7 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 PLEASE TAKE NOTICE, that upon the failure of Plaintiff to serve a Verified Bill of Particulars within the time specified, Defendant will move for an Order of Preclusion demanding costs on such motion. Dated: June 14, 2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 8 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, NOTICE FOR -against- DISCOVERY AND INSPECTION TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Rules 3101 and 3120 of New York Civil Practice Rules, the undersigned demands that within thirty (30) days of the date of service hereof that Plaintiff produce and permit the undersigned to inspect and copy at the McCauley Law Firm, PLLC, 777 Westchester Avenue, Suite 101, White Plains, New York 10604 the following documents: 1. Duplicate original copies of any and all photographs, films or videotapes which depict or purport to depict the subject accident scene or any aspect of the subject accident scene in this case. 2. Duplicate original copies of any and all photographs, films or videotapes, which depict or purport to depict any aspect of Plaintiff’s injuries alleged herein. 3. If it is claimed that Defendant had actual, written notice of the condition complained of, set forth copies thereof. 4. All reports, correspondences and/or notices prepared or signed by Plaintiff to employers, insurers or other persons concerning the subject accident. 9 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 5. All written reports concerning the subject accident prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. 6. All reports prepared by and on behalf of or signed by Plaintiff, including but not limited to accident and aided reports, relating to the condition, circumstances, etc. alleged herein. 7. All pleadings or other documents in any legal or administrative proceeding other than this litigation arising out of the subject accident. 8. (a) The names and addresses of all physicians or other healthcare providers of every description who have consulted, examined or treated Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Verified Complaint, including the date of such treatment or examination; (b) duly executed and acknowledged written authorizations directed to any hospital, clinic or other healthcare facility in which the injured Plaintiff herein is or was treated or confined due to the occurrence set forth in the Verified Complaint so as to permit the securing of a copy of the entire hospital record or records including x-rays and technicians’ reports; (c) duly executed and acknowledged written authorizations to allow Defendant to obtain the complete office medical records relating to Plaintiff, of each healthcare provider identified in (a) above; (d) copies of all medical reports received from healthcare providers identified above; (e) duly executed and acknowledged written authorizations allowing the Defendant to obtain the complete pharmacy or drug store records with respect to any drugs prescribed for Plaintiff, from one year prior to the occurrence described in the Verified Complaint to the present date; 10 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 (f) copies of any bills for services rendered by any doctors, therapists, technicians, and/or healthcare facilities including hospitals, for treatment rendered to Plaintiff in connection with the occurrence described in the Verified Complaint; and (g) duly executed and acknowledged written authorizations permitting the Defendant to obtain all diagnostic films or tests including but not limited to x-rays, CT scans, MRI’s, etc. taken of Plaintiff in connection with the injuries claimed in this lawsuit. 9. Duly acknowledged and executed written authorizations permitting Defendant to obtain all hospital and physicians’ records relating to the medical care and treatment of Plaintiff for a period of five (5) years prior to the subject accident. 10. All documents referring or relating to any disability rating you have received at any time. 11. All documents referring or relating to any claim for workers’ compensation or other claim for employment related injuries made by Plaintiff at any time for any reason. 12. Any signed statement, unsigned statement, or copy of any recorded statement or document made by or taken from any party represented by the undersigned in this action, or from any agent, servant or employee of Defendant represented by this office. 13. The names and addresses of each person known or claimed by you or any party you represent in this action to be a witness to: a) the occurrence alleged in the Verified Complaint in this action; b) any acts, omissions, or conditions which allegedly cause the occurrence alleged in the Verified Complaint; c) any actual notice allegedly given to Defendant herein of any condition with allegedly caused the occurrence, circumstances, other conditions, etc. alleged in the Verified Complaint; and 11 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 d) the nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Verified Complaint. 14. All documents which Plaintiff contends substantiates Plaintiff’s claim for loss of income or earning capacity arising out of the subject accident. 15. Duly acknowledged and executed written authorizations permitting the Defendant to obtain Plaintiff’s complete personnel file and other records pertaining to Plaintiff’s employment for the period from two (2) years prior to the date of the incident. 16. (a) Copies of the income tax returns filed by Plaintiff and the W-2 forms received by Plaintiff and filed with the United States Federal Government, New York State Government and New York City Government for the period from two (2) years prior to the date of the incident. (b) Duly executed and acknowledged authorizations allowing Defendant to obtain copies of the income tax returns filed by Plaintiff and the W-2 forms received by Plaintiff and filed with the United States Federal Government, New York State Government and New York City Government for the period from two (2) years prior to the date of the incident. 17. Copies of transcripts containing testimony by Plaintiff relating to the subject incident or Plaintiff’s injuries alleged herein, including but not limited to 50-h hearings, Social Security Administration disability hearings, and Workers’ Compensation Board hearings. PLEASE TAKE FURTHER NOTICE, that all the above demands are continuing demands and that if any of the above items are obtained after the date of these demands they must be provided to Defendant. The undersigned will object at the time of trial of this action to the testimony or other evidence concerning any of the injuries, conditions or other information not provided in response to these demands. Dated: June 14, 2023 12 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 13 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, NOTICE RE: MEDICALS -against- TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that Plaintiff is required to serve upon the undersigned within twenty (20) days following receipt of this notice, the following: 1. The names and addresses of all physicians or health care providers who have treated, examined or consulted with Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Complaint, including the date of such treatment or examination. 2. Detailed narrative reports of all physicians and health care providers regarding their treatment and care of or consultation with Plaintiff. Said reports must identify any other medical documentation, including X-rays and technician reports relied upon or intended to be offered as evidence on Plaintiff’s behalf. a) all hospitals, clinics and/or health care facilities in which the injured Plaintiff herein was treated or confined due to the occurrence set forth in the Complaint; b) all treating, examining and/or consulting physicians and/or other health care providers relating to the injured Plaintiff herein (Pizzo v. Bunora, 89 A.D.2d 1013, 454 N.Y.S.2d 455); c) all pharmacies from which the injured Plaintiff herein purchased prescription medication for a period of one (1) year preceding the underlying occurrence to the present; and d) all hospitals or other facilities in which Plaintiff was treated or confined and all physicians and/or health care providers who treated, examined or consulted with the injured Plaintiff prior to the underlying occurrence for any injury or condition claimed to have been aggravated or exacerbated in the underlying occurrence or for any prior injury or condition affecting the 14 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 same, related or adjacent body parts claimed to have been injured in the occurrence underlying this action. The foregoing authorization shall be directed to the appropriate hospital, physician, etc., with complete address of same and indicating any hospital or account number, dates of confinement or treatment and issued and executed in favor of the undersigned not more than thirty (30) days before receipt by the undersigned. PLEASE TAKE FURTHER NOTICE, that Defendant will move to preclude the offer into evidence on behalf of Plaintiff’s testimony of any physician whose report has not been supplied in response hereto and as required by the applicable provisions of the CPLR and Appellate Division Rules and to preclude the offer into evidence of any demanded medical documentation or materials unless there has been full compliance with this demand. Dated: June 14, 2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 15 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, DEMAND PURSUANT TO -against- MANDATORY INSURER REPORTING LAW TOV MANAGEMENT CORP., TOV PROPERTY SECTION 111 OF MANAGEMENT CORP., METROPOLITAN REALTY PUBLIC LAW 110-173 MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to the Mandatory Insurer Reporting Law (Section 111 of Public Law 110-173), Plaintiff is required to provide the following information if Plaintiff is pursuing a claim for bodily injury, medical payments, Workers’ Compensation or no- fault benefits: 1. Has Plaintiff ever made a claim or received Medicare and/or Social Security Disability benefits? 2. Does Plaintiff intend to make a claim for Medicare and/or Social Security Disability benefits? 3. Is Plaintiff eligible for Medicare and/or Social Security Disability benefits? 4. Set forth Plaintiff’s Medicare Health Insurance Claim Number. 5. If the response to Numbers 1, 2, 3, or 4 is in the affirmative, please have Plaintiff complete and fully execute the attached Medicare HIPAA Authorization, Medicare Beneficiary Proof of Representation Agent Agreement, and Social Security Administration Consent for Release of Information, permitting the McCauley Law Firm, PLLC to secure all relevant information to comply with the Medicare Secondary Payer Act. 16 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 6. If the responses to Numbers 1, 2, 3, or 4 are all in the negative, please have Plaintiff complete and fully execute the attached Affidavit certifying the responses. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand. PLEASE TAKE FURTHER NOTICE, that you are required to timely supplement your responses to the foregoing demands with any additional or further information that becomes known to you, or your attorneys, during this action. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply with the foregoing demands, appropriate motions will be made to compel disclosure or preclude you from offering in evidence at trial any matter that is not disclosed by you in the response to this demand, in addition to other remedies available to this party. PLEASE TAKE FURTHER NOTICE, that Defendants reserves its right to supplement this demand upon completion of all discovery in this action. Dated: June 14, 2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 17 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, DEMAND FOR -against- STATEMENTS TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that this demand is hereby made upon Plaintiff pursuant to CPLR sections 3101(e) and 3120, for a copy of all statements, signed or unsigned, recorded on tape electronically or otherwise, made by any representatives of Defendant or its agents, servants and employees of said parties, taken by, or on behalf of, or in the possession of, any of the other parties to this action or their respective attorneys relating to the incident involved in the within action. If there are no statements, please advise accordingly by sworn statement. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within thirty (30) days hereof will serve as a basis for objection by the undersigned to the use of such statements upon the trial of this matter. Dated: June 14, 2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 18 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, DEMAND FOR EXPERT -against- WITNESS INFORMATION TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(d)(1) you are hereby required to set forth, within twenty (20) days of the date of service hereof, the following: A. The name and address of each and every person you expect to call as an expert witness at the trial of this action; B. Detailed subject matter on which each expert is expected to testify; C. The substance of the facts and opinions on which each expert is expected to testify; D. The qualification(s) of each expert witness; and E. A summary of the factual grounds for each expert’s opinion. PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the trial of this action to preclude the testimony of any such expert, medical or otherwise, who has not been properly identified together with the prospective testimony as demanded above. PLEASE TAKE FURTHER NOTICE, that this Demand is a continuing demand and requires your response concerning your intention to call any expert witness up to and including the time of the commencement of the trial of this action. Dated: June 14, 2023 19 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 20 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, DEMAND FOR -against- COLLATERAL SOURCE INFORMATION TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that this demand is hereby made pursuant to § 4545 of the Civil Practice Law and Rules that Plaintiff serve upon the undersigned, within twenty (20) days of the date of service hereof, the following: 1. A verified statement as to whether Plaintiff seeks to recover any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings or other economic loss alleged to have been sustained herein. 2. If item (1) is answered in the affirmative, provide a verified statement as to whether each such item sought to be recovered herein is replaced or indemnified, in whole or in part, from any collateral source, including not limited to insurance (except life insurance), Social Security (except those benefits provided under Title 18 of the Social Security Act, 42 USCA §1395, et seq.), Workers’ Compensation, or employee benefit programs, and, if so, state 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. 21 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 3. Provide an itemized statement detailing the nature and amount of premiums paid by Plaintiff for such benefits for the two (2) year period immediately preceding the actual accrual of this action. 4. Set forth the name and address of each collateral source which Plaintiff claims she is entitled by law to and any and all liens against any recovery by Plaintiff. 5. Provide an itemized statement of the nature and amount of the projected future cost of maintaining such benefits. 6. State the amounts of such benefits Plaintiff will receive in the future from each such collateral source pursuant to contract or other enforceable agreement subject only to the continued payment of a premium and such other financial obligations as may be required by such agreement. 7. Demand is additionally made for duly executed original authorizations permitting the undersigned to inspect and copy records and files maintained by each payer of such collateral sources or payments identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing will lead to the conclusion that no recovery for any part of the cost of medical care, dental care, custodial care, rehabilitation services, lost earnings or other economic loss alleged to have been sustained is being sought and objection will be made at trial to the introduction into evidence of any proof with regard to these matters. Dated: June 14, 2023 White Plains, New York McCAULEY LAW FIRM, PLLC Attorneys for Defendants TOV MANAGEMENT CORP. and TOV PROPERTY MANAGEMENT CORP. 777 Westchester Avenue, Suite 101 White Plains, New York 10604 Tel: (212) 679-3124 22 of 25 FILED: KINGS COUNTY CLERK 06/14/2023 03:15 PM INDEX NO. 506931/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X KALWEEN RODRIGUEZ, Index No.: 506931/2022 Plaintiff, DEMAND FOR -against- AD DAMNUM TOV MANAGEMENT CORP., TOV PROPERTY MANAGEMENT CORP., METROPOLITAN REALTY MANAGEMENT, INC., and METROPOLITAN REALTY & MANAGEMENT NY INC., Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the undersigned hereby demands that Plaintiff provide a supplemental demand setting forth the total damages to which Plaintiff deems herself entitled, within 15 days hereof, pursuant to Sec. 3017 of the CPLR. Dated: June 14, 2023