Preview
FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------- --------------------------------X
AHMAD PENN, Index No.:
524867/2020
Plaintiffs, COMBINED DEMANDS
-against-
RODCLIFF WILLIAMS,
Defendants.
-------------- ------------------------X
PLEASE TAKE NOTICE that Defendant(s), RODCLIFF WILLIAMS, by their attorneys,
GOLD BENES LLP, demand that you provide, within 30 days of receipt to these demands:
DEMAND FOR WITNESS INFORMATION_
1. the names and addresses of any witnesses to the events described in the Complaint
including, but not limited to, the following:
a. The occurrence giving rise to the Plaintiff(s) injuries;
b. Acts or omissions causing or contributing to the occurrence;
c. The extent of any injury or impairment alleged.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR EXPERT WITNESS INFORMATION
2. The identity of each expert whom you expect to call as a witness to trial.
3. The qualifications of each expert, including:
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(a) educational background;
(b) publications;
(c) memberships in professional organizations and societies;
(d) certifications and licenses;
(e) past and present employers;
(f) past and present hospital affiliations;
4. The subject matter, in reasonable detail, upon which each expert is expected to
testify.
5. The substance, in reasonable detail, of the opinions and conclusions to which each
expert is expected to testify.
6. A summary, in reasonable detail, of the ground for each expert's opinion,
including:
(a) a senmary of the facts upon which each expert will rely in formulating
his/her opinions and conclusions;
(b) the source or sources of each expert's knowledge concerning such facts,
including, but not limited to, records, reports, statistics, studies, surveys,
test results, analyses, models, photographs;
(c) all other documents, materials or oral communications relied upon by each
expert which provide the basis for his/her opinions.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Objection will be
made and preclusion sought regarding the opinion testimony of any witness not identified as
demanded herein.
NOTICE OF DISCOVERY AND INSPECTION
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7. Reports concerning medical history, examination, diagnosis, testing,
treatment and prognosis which are in your possession or control and have been prepared by or at
the direction of any physician who has seen the plaintiff(s) for the purpose of medical advice,
consultations, testing or treatment;
8. Photographs showing the Plaintiff(s) injuries, the site of the incident alleged in
the complaint, or any photographs which are otherwise relevant;
9. Copies of all pleadings, discovery demands and responses served by and between
the Plaintiffs(s)'and Defendants(s)'; and
10. Copies of checks, bills and records evidencing claimed special damages and
collateral source reimbursement.
11. Copies of the transcripts from any hearing in which the Plaintiff(s) claims and/or
injuries were discussed.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR AUTHORIZATIONS
12. The names and addresses of all physicians or other health care providers who have
treated, examined or consulted with the plaintiff for each of the conditions allegedly caused by,
or exacerbated by, the occurrence described in the complaint, including the date of such
treatment of examination.
13. Detailed narrative reports of all physicians and health care providers who will
testify at the trial of this action regarding their treatment and care of, or consultation with the
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plaintiff. Said reports must identify any other medical documentation, including x-rays and
technicians reports relied upon or intended to be offered as evidence in the plaintiff's behalf.
14. Duly executed and acknowledged HIPAA complaint authorizations, including
initials in section 9(a), of the plaintiff pennitting the undersigned to secure the records, charts,
bills and other documentation, including x-rays of:
a) all hospitals, clinics and/or other health care facilities in which the plaintiff herein
was treated or confined due to the occurrence set forth in the complaint; and
b) all treating, examining and or consulting physicians and/or other health care
providers relating to the plaintiff herein (Pizzo v. Bunoro, 89 A.D.2d 1013, 454
N.Y,S.2d 455); and
c) all pharmacies from which the 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 the plaintiff was treated or confined and
all physicians and/or health care providers who treated, examined or consulted
with the 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 claimed to have been aggravated or exacerbated
in the underlying occurrence or for any prior injury or condition affecting the
same, related or adjacent body parts claimed to have been injured in the
occurrence underlying this action.
15. The Federal income tax returns of plaintiff(s) for the period covering three
calendar years prior to the date of occurrence to the present.
16. Employment records of plaintiff(s) for the period from three years prior to the date
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of occurrence to the present.
17. Records of the Social Security Administration with respect to the plaintiff(s)
claim for Federal Disability benefits.
18. Records relating to the Plaintiff(s) claim for Medicaid benefits.
The foregoing HIPAA complaint authorizations shall be directed to the appropriate
hospital, physician, etc., with complete address of same and indicating any hospital or account
number, dates of conñnement 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 the defendant will move to preclude the offer
into evidence on behalf of the plaintiff the testimony of any physician whose report has not been
supplied in response hereto and as required by the applicable provisions of the C.P.L.R. 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.
DEMAND FOR STATEMENTS
19. Copies of any written or recorded statement of Defendant(s) or any person you
claim was or is an employee or agent of Defendant(s) currently in your possession;
20. For any oral statement by Defendant(s) or any person you claim to be an
employee or agent of Defendant(s) a summary of the substance of that statement. Additionally,
set forth the date, time, and place the statement was made and identify the person(s) to whom it
was made or who overheard it.
PLEASE TAKE FURTHER NOTICE that this is a contim1ing demand.
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DEMAND FOR PHOTOGRAPHS
21. Copies of all photographa and/or films and/or videos and/or other images, which
are in the possession and/or control of Plaintiff(s) which relate to the occurrence described in the
Complaint and/or which depict: (a) the accident scene; (b) alleged defect(s) which caused the
accident; c) any property daniaged in the alleged incident; and (d) alleged injuries of plaintiff(s).
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
DEMAND FOR COLLATERAL SOURCE AUTHORIZATIONS
22. PLEASE TAKE NOTICE that, pursuant to CPLR 4545, Defendant(s) demand
that you provide duly notarized and properly addressed authorizations permitting them to obtain
copies of collateral source reimbursement records with respect to claims made by Plaintiff(s),
including, but not limited to, the following:
(a) Insurance companies (included the names of the insurer and insured, and any
identifying policy numbers);
(b) Social Security (include the Social Security number and date of birth of
plaintiff(s);
Workers'
(c) Compensation (include the claim number);
(d) Employee benefit programs (including the name of the program and any
identifying numbers);
(e) Medicare, Medicaid or such other state or federally funded benefit program
(include program name and any identifying numbers).
PLEASE TAKE FURTHER NOTICE that this is a continuing demand
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DEMAND FOR MEDICARE/MEDICAID INFORMATION
23. A statement as to whether the Plaintiff(s) has received benefits from either
Medicare and/or Medicaid at any time, for any reason, not limited to the injuries alleged in the
instant action. If so, please provide:
a. Plaintiff'(s) date of birth;
b. Plaintiff'(s) social security number;
c. Medicare/Medicaid file number(s);
d. Address of the office handling the Plaintiff'(s) Medicare/Medicaid files;
e. Copies of all documents, records, memoranda, notes, etc., in the
Plaintiff'(s) possession pertaining to Plaintiff'(s) receipt of Medicare
and/or Medicaid benefits; and
f. A duly executed authorization bearing the social security number
permitting this firm and other representatives of Defendant(s) to obtain
copies of Plaintiff'(s) Medicare and/or Medicaid records.
24. Any and all lien notices from Medicare, Medicaid, and/or any other collateral
source providers, relevant to this matter.
25. Any and all medical bills, paid in whole or in part by Medicare and/or Medicaid,
generated from any healthcare provides that relate in any way to the treatment and/or
examination of the Plaintiff regarding the incident alleged in the Complaint.
26. Any and all Medicare and/or Medicaid correspondence, bills, status reports,
Medicare and/or Medicaid Beneficiary Card(s), Medicare and/or Medicaid Award letters, or
medical records received from the Centers for Medicare and Medicaid Services ("CMS"), the
Coordinator of Benefits ("COB"), or any Medicare and/or Medicaid third party administrator.
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27. Any correspondence, email, or other document evidencing that Plaintiff(s), or
someone on Plaintiff'(s) behalf, has provided notice of the instant action to Medicare and/or
Medicaid, or to any state agency which has paid Medicare and/or Medicaid, or any other public
health assistance benefits to Plaintiff(s) or to any person or entity on Plaintiff'(s) behalf.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand.
Dated: Bellmore, New York
March 8, 2021
/s/ Jeffrey B. Gold
Jeffrey B. Gold, Esq.
Gold Benes, LLP
Attorneys for Defendants
RODCLIFF WILLIAMS
1666 Newbridge Road, Second Floor
Bellmore, New York 11710
(516) 512-6333
TO: Henry W. Davoli, Esq
The Law Offices of Henry W. Davoli, PLLC
Attorneys for Plaintiff
AHMAD PENN
342 North Long Beach Road
Rockville Centre, New York 11570
(516) 992-8082
-8-
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------X
AHMAD PENN, Index No. 524867/2020
Plaintiffs, DECLINATION OF
SERVICE VIA
FACSIMILE
-against-
RODCLIFF WILLIAMS,
Defendants.
---------------X
PLEASE TAKE NOTICE, that the answering Defendants hereby decline receipt of
service of legal papers of any type whatsoever by facsimile.
Dated: March 8, 2021
Bellmore, New York
/s/ Jeffrey B. Gold
Jeffrey B. Gold, Esq.
Gold Benes, LLP
Attorneys for Defendants
RODCLIFF WILLIAMS
1666 Newbridge Road, Second Floor
Bellmore, New York 11710
(516) 512-6333
To: Henry W. Davoli, Esq
The Law Offices of Henry W. Davoli, PLLC
Attorneys for Plaintiff
AHMAD PENN
342 North Long Beach Road
Rockville Centre, New York 11570
(516) 992-8082
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---X
AHMAD PENN, Index No.: 524867/2020
Plaintiffs, DEMAND FOR A
VERIFIED BILL OF
PARTICULARS
-against-
RODCLIFF WILLIAMS,
Defendants.
-------------------------------------------------------------------X
PLEASE TAKE NOTICE that, pursuant to CPLR 3041 through 3044 of the Civil Practice
Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned
within thirty (30) days after the receipt ofthis demand. In the event of your failure to comply within
that time, a motion may be made for an order precluding you from offering any evidence of the
causes of action alleged in the complaint concerning the following items:
1. Set forth the Plaintiff(s) full name.
2. Set forth the Plaintiff(s) date of birth.
3. Set forth the Plaintiff(s) Social Security number.
4. State the residence address of Plaintiff(s):
(a) at the time of the events which are the subject of the Complaint; and
(b) at the present time.
5 Set forth the date and approximate time of day of the occurrence which is subject
to the Complaint.
6. Set forth the exact location of the occurrence which is the subject of the
Complaint.
7. Set forth an itemized statement of each and every act and/or omission by the
Defeiidailt(s) which Plaintiff(s) will claim constitutes the alleged negligence.
defeñdant(s)'
8. If the Plaintiff(s) will clairn that the violated any state or local laws,
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rules, regulations or ordinance and specify the manner in which it will be claimed each was
violated by each of the defendant(s)'.
9. If there are any claims of vicarious liability against the Defendant(s), state the
name of each and every person or entity for whose conduct it is claimed the Defendant(s) is
vicariously liable and set forth a concise statement of each act or omission allegedly committed
by each and every said person or entity which constitutes the alleged negligence.
10. Set forth the date, time and place of each act or omission referred to in response
number 9, above.
"defective"
11. Identify any condition which the Plaintiff(s) will claim existed and
caused in contributed to the accident.
12. Set forth in what manner the defendant(s) had notice of said "dangerous", or
"defective"
condition(s) set forth in "11".
13. If actual notice is claimed, set forth:
(a) when;
(b) to whom;
(c) by whom;
(d) where; and
(e) in what manner
such notice was given.
14. If actual notice was in writing, provide a copy of that document.
15. If actual notice was oral, set forth the sum and substance of that notice.
16. If constructive notice is claimed, state the duration of time that the alleged
dangerous or hazardous condition(s) existed.
17. Set forth the injuries that the Plaintiff(s) suffered as a result of the alleged
negligence, specifying what injuries, if any, the plaintiff(s) will claim are permanent.
18. Set forth whether the Plaintiff(s) will claim that any of the injuries sustained
constitutes an exacerbation of a pre-existing injury or condition.
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19. If the Plaintiff'(s) response to the preceding item demanded is affirmative, set
forth the nature and extent of the pre-existing injury or condition was sustained and/or diagnosed.
20. If it is claimed that the Plaintiff(s) was disabled as result of any injury sustained,
set forth:
(a) the length of time the Plaintiff(s) was partially disabled; and
(b) the length of time the Plaintiff(s) was totally disabled.
21. Set forth the length of time that the Plaintiff(s) was confined to:
(a) hospital;
(b) bed; and
(c) home
as a result of the injuries alleged in the Complaint.
22. Set forth the name and address of employer:
(a) at the time of the events which are the subject of the Complaint;
and
(b) at the present time.
23. If self-employed, state the name and nature of the Plaintiff(s) business and the
business address.
24. Itemize alleged special damages relative to:
(a) Loss of earnings;
(b) Impairment of future earning capacity;
(c) Physician expenses;
(d) Physical therapist expenses;
(e) Hospital expenses;
(f) Nurses and/or home health
Preview
FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------- --------------------------------X AHMAD PENN, Index No.: 524867/2020 Plaintiffs, COMBINED DEMANDS -against- RODCLIFF WILLIAMS, Defendants. -------------- ------------------------X PLEASE TAKE NOTICE that Defendant(s), RODCLIFF WILLIAMS, by their attorneys, GOLD BENES LLP, demand that you provide, within 30 days of receipt to these demands: DEMAND FOR WITNESS INFORMATION_ 1. the names and addresses of any witnesses to the events described in the Complaint including, but not limited to, the following: a. The occurrence giving rise to the Plaintiff(s) injuries; b. Acts or omissions causing or contributing to the occurrence; c. The extent of any injury or impairment alleged. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR EXPERT WITNESS INFORMATION 2. The identity of each expert whom you expect to call as a witness to trial. 3. The qualifications of each expert, including: 1 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 (a) educational background; (b) publications; (c) memberships in professional organizations and societies; (d) certifications and licenses; (e) past and present employers; (f) past and present hospital affiliations; 4. The subject matter, in reasonable detail, upon which each expert is expected to testify. 5. The substance, in reasonable detail, of the opinions and conclusions to which each expert is expected to testify. 6. A summary, in reasonable detail, of the ground for each expert's opinion, including: (a) a senmary of the facts upon which each expert will rely in formulating his/her opinions and conclusions; (b) the source or sources of each expert's knowledge concerning such facts, including, but not limited to, records, reports, statistics, studies, surveys, test results, analyses, models, photographs; (c) all other documents, materials or oral communications relied upon by each expert which provide the basis for his/her opinions. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Objection will be made and preclusion sought regarding the opinion testimony of any witness not identified as demanded herein. NOTICE OF DISCOVERY AND INSPECTION -2- 2 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 7. Reports concerning medical history, examination, diagnosis, testing, treatment and prognosis which are in your possession or control and have been prepared by or at the direction of any physician who has seen the plaintiff(s) for the purpose of medical advice, consultations, testing or treatment; 8. Photographs showing the Plaintiff(s) injuries, the site of the incident alleged in the complaint, or any photographs which are otherwise relevant; 9. Copies of all pleadings, discovery demands and responses served by and between the Plaintiffs(s)'and Defendants(s)'; and 10. Copies of checks, bills and records evidencing claimed special damages and collateral source reimbursement. 11. Copies of the transcripts from any hearing in which the Plaintiff(s) claims and/or injuries were discussed. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR AUTHORIZATIONS 12. The names and addresses of all physicians or other health care providers who have treated, examined or consulted with the plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint, including the date of such treatment of examination. 13. Detailed narrative reports of all physicians and health care providers who will testify at the trial of this action regarding their treatment and care of, or consultation with the -3- 3 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 plaintiff. Said reports must identify any other medical documentation, including x-rays and technicians reports relied upon or intended to be offered as evidence in the plaintiff's behalf. 14. Duly executed and acknowledged HIPAA complaint authorizations, including initials in section 9(a), of the plaintiff pennitting the undersigned to secure the records, charts, bills and other documentation, including x-rays of: a) all hospitals, clinics and/or other health care facilities in which the plaintiff herein was treated or confined due to the occurrence set forth in the complaint; and b) all treating, examining and or consulting physicians and/or other health care providers relating to the plaintiff herein (Pizzo v. Bunoro, 89 A.D.2d 1013, 454 N.Y,S.2d 455); and c) all pharmacies from which the 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 the plaintiff was treated or confined and all physicians and/or health care providers who treated, examined or consulted with the 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 claimed to have been aggravated or exacerbated in the underlying occurrence or for any prior injury or condition affecting the same, related or adjacent body parts claimed to have been injured in the occurrence underlying this action. 15. The Federal income tax returns of plaintiff(s) for the period covering three calendar years prior to the date of occurrence to the present. 16. Employment records of plaintiff(s) for the period from three years prior to the date 4 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 of occurrence to the present. 17. Records of the Social Security Administration with respect to the plaintiff(s) claim for Federal Disability benefits. 18. Records relating to the Plaintiff(s) claim for Medicaid benefits. The foregoing HIPAA complaint authorizations shall be directed to the appropriate hospital, physician, etc., with complete address of same and indicating any hospital or account number, dates of conñnement 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 the defendant will move to preclude the offer into evidence on behalf of the plaintiff the testimony of any physician whose report has not been supplied in response hereto and as required by the applicable provisions of the C.P.L.R. 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. DEMAND FOR STATEMENTS 19. Copies of any written or recorded statement of Defendant(s) or any person you claim was or is an employee or agent of Defendant(s) currently in your possession; 20. For any oral statement by Defendant(s) or any person you claim to be an employee or agent of Defendant(s) a summary of the substance of that statement. Additionally, set forth the date, time, and place the statement was made and identify the person(s) to whom it was made or who overheard it. PLEASE TAKE FURTHER NOTICE that this is a contim1ing demand. -5- 5 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 DEMAND FOR PHOTOGRAPHS 21. Copies of all photographa and/or films and/or videos and/or other images, which are in the possession and/or control of Plaintiff(s) which relate to the occurrence described in the Complaint and/or which depict: (a) the accident scene; (b) alleged defect(s) which caused the accident; c) any property daniaged in the alleged incident; and (d) alleged injuries of plaintiff(s). PLEASE TAKE FURTHER NOTICE that this is a continuing demand. DEMAND FOR COLLATERAL SOURCE AUTHORIZATIONS 22. PLEASE TAKE NOTICE that, pursuant to CPLR 4545, Defendant(s) demand that you provide duly notarized and properly addressed authorizations permitting them to obtain copies of collateral source reimbursement records with respect to claims made by Plaintiff(s), including, but not limited to, the following: (a) Insurance companies (included the names of the insurer and insured, and any identifying policy numbers); (b) Social Security (include the Social Security number and date of birth of plaintiff(s); Workers' (c) Compensation (include the claim number); (d) Employee benefit programs (including the name of the program and any identifying numbers); (e) Medicare, Medicaid or such other state or federally funded benefit program (include program name and any identifying numbers). PLEASE TAKE FURTHER NOTICE that this is a continuing demand -6- 6 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 DEMAND FOR MEDICARE/MEDICAID INFORMATION 23. A statement as to whether the Plaintiff(s) has received benefits from either Medicare and/or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please provide: a. Plaintiff'(s) date of birth; b. Plaintiff'(s) social security number; c. Medicare/Medicaid file number(s); d. Address of the office handling the Plaintiff'(s) Medicare/Medicaid files; e. Copies of all documents, records, memoranda, notes, etc., in the Plaintiff'(s) possession pertaining to Plaintiff'(s) receipt of Medicare and/or Medicaid benefits; and f. A duly executed authorization bearing the social security number permitting this firm and other representatives of Defendant(s) to obtain copies of Plaintiff'(s) Medicare and/or Medicaid records. 24. Any and all lien notices from Medicare, Medicaid, and/or any other collateral source providers, relevant to this matter. 25. Any and all medical bills, paid in whole or in part by Medicare and/or Medicaid, generated from any healthcare provides that relate in any way to the treatment and/or examination of the Plaintiff regarding the incident alleged in the Complaint. 26. Any and all Medicare and/or Medicaid correspondence, bills, status reports, Medicare and/or Medicaid Beneficiary Card(s), Medicare and/or Medicaid Award letters, or medical records received from the Centers for Medicare and Medicaid Services ("CMS"), the Coordinator of Benefits ("COB"), or any Medicare and/or Medicaid third party administrator. -7- 7 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 27. Any correspondence, email, or other document evidencing that Plaintiff(s), or someone on Plaintiff'(s) behalf, has provided notice of the instant action to Medicare and/or Medicaid, or to any state agency which has paid Medicare and/or Medicaid, or any other public health assistance benefits to Plaintiff(s) or to any person or entity on Plaintiff'(s) behalf. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. Dated: Bellmore, New York March 8, 2021 /s/ Jeffrey B. Gold Jeffrey B. Gold, Esq. Gold Benes, LLP Attorneys for Defendants RODCLIFF WILLIAMS 1666 Newbridge Road, Second Floor Bellmore, New York 11710 (516) 512-6333 TO: Henry W. Davoli, Esq The Law Offices of Henry W. Davoli, PLLC Attorneys for Plaintiff AHMAD PENN 342 North Long Beach Road Rockville Centre, New York 11570 (516) 992-8082 -8- 8 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------X AHMAD PENN, Index No. 524867/2020 Plaintiffs, DECLINATION OF SERVICE VIA FACSIMILE -against- RODCLIFF WILLIAMS, Defendants. ---------------X PLEASE TAKE NOTICE, that the answering Defendants hereby decline receipt of service of legal papers of any type whatsoever by facsimile. Dated: March 8, 2021 Bellmore, New York /s/ Jeffrey B. Gold Jeffrey B. Gold, Esq. Gold Benes, LLP Attorneys for Defendants RODCLIFF WILLIAMS 1666 Newbridge Road, Second Floor Bellmore, New York 11710 (516) 512-6333 To: Henry W. Davoli, Esq The Law Offices of Henry W. Davoli, PLLC Attorneys for Plaintiff AHMAD PENN 342 North Long Beach Road Rockville Centre, New York 11570 (516) 992-8082 9 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---X AHMAD PENN, Index No.: 524867/2020 Plaintiffs, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- RODCLIFF WILLIAMS, Defendants. -------------------------------------------------------------------X PLEASE TAKE NOTICE that, pursuant to CPLR 3041 through 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within thirty (30) days after the receipt ofthis demand. In the event of your failure to comply within that time, a motion may be made for an order precluding you from offering any evidence of the causes of action alleged in the complaint concerning the following items: 1. Set forth the Plaintiff(s) full name. 2. Set forth the Plaintiff(s) date of birth. 3. Set forth the Plaintiff(s) Social Security number. 4. State the residence address of Plaintiff(s): (a) at the time of the events which are the subject of the Complaint; and (b) at the present time. 5 Set forth the date and approximate time of day of the occurrence which is subject to the Complaint. 6. Set forth the exact location of the occurrence which is the subject of the Complaint. 7. Set forth an itemized statement of each and every act and/or omission by the Defeiidailt(s) which Plaintiff(s) will claim constitutes the alleged negligence. defeñdant(s)' 8. If the Plaintiff(s) will clairn that the violated any state or local laws, 10 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 rules, regulations or ordinance and specify the manner in which it will be claimed each was violated by each of the defendant(s)'. 9. If there are any claims of vicarious liability against the Defendant(s), state the name of each and every person or entity for whose conduct it is claimed the Defendant(s) is vicariously liable and set forth a concise statement of each act or omission allegedly committed by each and every said person or entity which constitutes the alleged negligence. 10. Set forth the date, time and place of each act or omission referred to in response number 9, above. "defective" 11. Identify any condition which the Plaintiff(s) will claim existed and caused in contributed to the accident. 12. Set forth in what manner the defendant(s) had notice of said "dangerous", or "defective" condition(s) set forth in "11". 13. If actual notice is claimed, set forth: (a) when; (b) to whom; (c) by whom; (d) where; and (e) in what manner such notice was given. 14. If actual notice was in writing, provide a copy of that document. 15. If actual notice was oral, set forth the sum and substance of that notice. 16. If constructive notice is claimed, state the duration of time that the alleged dangerous or hazardous condition(s) existed. 17. Set forth the injuries that the Plaintiff(s) suffered as a result of the alleged negligence, specifying what injuries, if any, the plaintiff(s) will claim are permanent. 18. Set forth whether the Plaintiff(s) will claim that any of the injuries sustained constitutes an exacerbation of a pre-existing injury or condition. 11 of 17 FILED: KINGS COUNTY CLERK 03/23/2021 11:03 AM INDEX NO. 524867/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/23/2021 19. If the Plaintiff'(s) response to the preceding item demanded is affirmative, set forth the nature and extent of the pre-existing injury or condition was sustained and/or diagnosed. 20. If it is claimed that the Plaintiff(s) was disabled as result of any injury sustained, set forth: (a) the length of time the Plaintiff(s) was partially disabled; and (b) the length of time the Plaintiff(s) was totally disabled. 21. Set forth the length of time that the Plaintiff(s) was confined to: (a) hospital; (b) bed; and (c) home as a result of the injuries alleged in the Complaint. 22. Set forth the name and address of employer: (a) at the time of the events which are the subject of the Complaint; and (b) at the present time. 23. If self-employed, state the name and nature of the Plaintiff(s) business and the business address. 24. Itemize alleged special damages relative to: (a) Loss of earnings; (b) Impairment of future earning capacity; (c) Physician expenses; (d) Physical therapist expenses; (e) Hospital expenses; (f) Nurses and/or home health