Preview
INDEX NO. E2021008174
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2872551
Book Page CIVIL
Return To: No. Pages: 9
JOHN ROBERT CONDREN
367 Linwood Avenue - Barth Sullivan Behr Instrument: MISCELLANEOUS DOCUMENT
Buffalo, NY 14209
Control #: 202110151103
Index #: E2021008174
Date: 10/15/2021
Beslagic, Zarifa Time: 4:12:58 PM
Beslagic, Zemir
Aldridge, Susan Renee
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MOOT
A
lof 9
RT OUN NK 04 09 DM INDE& NOE 2621028088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF MONROE
ZARIFA BESLAGIC and ZEMIR BESLAGIC, MISCELLANEOUS
DISCLOSURE DEMANDS
Plaintiffs,
Vv
SUSAN RENEE ALDRIDGE, Index No. E2021008174
Defendant.
SIRS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the defendant SUSAN
RENEE ALDRIDGE, by her attorneys BARTH CONDREN, LLP, hereby demands that the
plaintiffs serve upon the undersigned, or produce in the undersigned's office for inspection
and/or copying, within twenty (20) days of the service of this notice, the following:
DOCUMENTS
4 Plaintiffs’ marriage license or certificate, if applicable.
2
If you claim damages for future lost earnings, copies of all federal W-2 forms and
federal income tax returns, and all other documents proving past earnings upon which you may
rely at trial, for the three full fiscal years prior to the commencement of any claimed period of
disability.
3. All documents related to any claim or application for any type of insurance, including
Worker's Compensation, NYS Disability, SSDI, or other disability insurance, related to the
alleged accident and injuries in suit, which are presently in the plaintiff's possession, custody
or control.
4 The report(s) of any consultant(s) or expert(s) in any field(s) prepared or
obtained for the purpose of assisting the plaintiff(s) in deciding to commence an action for
damages. Landmark Ins. Co. v. Beau Rivage Rest., 121 A.D.2d 98 (2d Dept. 1986); Plimpton
v. Massachusetts Mut. L. |. Co., 50 A.D.3d 532 (18 Dept. April 24, 2008).
2 0f 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
STATEMENTS
Copies or transcripts of any and all statements of the undersigned's client(s),
5
whether oral or written, however and whether or not previously transcribed, preserved or
recorded, including audio or videotape or film, in your possession, custody or control, whether
signed or otherwise, and all statements of any other party in this lawsuit pursuant to Troup v.
Midland-Ross Corporation, 94 A.D.2d 949 (4th Dept. 1983), or a statement indicating that you
have none.
WITNESSES
The names and addresses of each and every witness, separately identified, to
6
each of the following:
a To the accident/incident which is the subject of the above entitled action;
b. To any allegedly defective or dangerous condition;
To any notice, either actual or constructive, to defendants;
To any admission(s) by defendants;
To any acts or omissions of any person which allegedly caused or
contributed to the occurrence alleged in the complaint;
To any other element reflecting on liability.
To any injuries, damages, or disabilities claimed by the plaintiff;
Who will testify at trial as to any facts relative to liability or
damages, in addition to health care providers.
PHOTOGRAPHIC AND VIDEOTAPE MATERIALS
Any and all photographs, slides, videotapes, or films of:
a. The scene of the incident which is the subject of this litigation
and /or any reconstruction of the accident and/or the scene;
Any allegedly defective condition;
Any instrumentality (i.e., automobiles, structures, machines,
goods, appliances, or other physical object) involved in the
incident, and
3 0f 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
All conditions, occurrences, events and damages, for which
compensatory damages are claimed.
Any and all photographs, slides, videotapes, and films
to be used at trial.
ACCIDENT REPORTS
A copy of any and all written reports of the accident/ incident which is the
8
subject of this action, including but not limited to: any report prepared by or on behalf of your
client(s) as required by the New York Department of Motor Vehicles, New York Workers
Compensation Law, or either required by or submitted to any other government agency or
administrative authority or body; and, any report(s) prepared by your client(s) or any agent,
servant, employee, or other representative of your client(s), whether internal or external to
your client(s)' organization or enterprise, and whether or not prepared in the regular course of
business or practices of your client(s).
AFFIDAVITS OF SERVICE
Provide a copy of all affidavits of service of the summons with notice or
9
summons and complaint on the defendant.
HEALTH CARE RECORDS AND REPORTS FOR ZARIFA BESLAGIC
10. Pursuant to CPLR § 3101, 22 N.Y.C.R.R. 202.17 and Davidson v. Steer/Peanut
Gallery, 277 AD2d 965, 715 NYS 2d 560 (4t* Dept.) it is your obligation to provide us with
copies of any medical records relating to your client's treatment, including all records of all
health care providers, and, all reports, from those providers who have treated or examined the
plaintiff or who will testify on his behalf.
AUTHORIZATIONS FOR ZARIFA BESLAGIC
11 Duly executed and acknowledged authorizations to obtain:
|. For any and all medical, chiropractic, osteopathic, psychiatric, physical
therapy, and other healthcare providers of any kind as follows. THE PLAINTIFF
MUST INITIAL ALL AUTHORIZATIONS ALLOWING BARTH CONDREN LLP
TO SPEAK WITH HIS/HER HEALTH CARE PROVIDERS (Arons v. Jutkowitz, 9
NY2d 393). NON-COMPLYING AUTHORIZATIONS WILL BE RETURNED.
(a) For examination, care and/or treatment of the injuries claimed, all
records and reports, including but not limited to offices notes; laboratory and
3
40f 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
diagnostic test results and reports; radiological films and reports (including but
not limited to films and reports of x-rays, CT scans, and MRIs); hospital charts
and records; nurses’ notes; consultation reports.
(b) For all pre-incident and prior health care providers, all such
reports or other records of examination, care and/or treatment, of conditions or
complaints pertaining to, or potentially affecting, the body part(s) or system(s)
claimed to be injured. Geraci v. National Fuel Gas Dist. Corp., 255 A.D.2d 945
(1998); Dibble v. Consolidated Rail Corp., 181 A.D. 1040 (1992).
AUTHORIZATIONS LIMITED TO THE ACCIDENT DATE ARE
UNACCEPTABLE AND WILL BE RETURNED.
ii. Complete employment records relating to the plaintiff(s), addressed to
all such employers from 1990 to the present, including but not limited to salary,
attendance, and all records relating to claims for workers compensation and
disability benefits, in such employer's possession, custody or control.
iii, No-Fault insurance records relating to the plaintiff(s) as a result of the
accident which is the subject of this lawsuit, and also relating to any prior
accidental injuries potentially affecting the body part(s) or system(s) claimed to
be injured, and referencing the name and address of the No-Fault insurance
carrier and any file number or claim number under which such records can be
requested.
iv. Workers' Compensation insurance records relating to the plaintiff's
injuries claimed, and also to any prior injuries or conditions involving or
potentially affecting the body part(s) or system(s) claimed to be injured, and
referencing the name and address of the Workers' Compensation carrier and
any file number or claim number or file number under which such records can
be requested.
v. All Social Security Administration records (download Form SSA-3288
at www.ssa.gov/online/ssa-3288.html); New York State Disability Insurance or
other state disability insurance records; private or group disability insurance
records; occupational or vocational rehabilitation records (including but not
limited to records of the New York Office of Vocational and Educational
Services for Individuals with Disabilities (VESID)).
vi. All records of any employment or unemployment office or agency,
public or private, that the plaintiff(s) consulted or had dealings with, subsequent
to the incident in suit.
5 of 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
DEMAND FOR PRIOR RECORDS OF ZARIFA BESLAGIC
12. Copies of any and all documents, reports, medical records, hospital records,
operative reports, diagnostic studies and reports, notes, police reports, accident reports,
and/or writings that evidence the plaintiff sustained any injuries prior to the date of this
accident which is the subject of this action, to wit: June 26, 2019.
COLLATERAL SOURCES
13. If plaintiffs seek to recover damages for the costs of medical, dental and/or
custodial care, rehabilitation services, loss of earnings, or other economic loss, state whether
the plaintiff is or will be entitled to receive benefits from, or be indemnified by, in whole or in
part, any collateral source including, but not limited to:
a Disability insurance;
Credit disability insurance;
Employer-provided sick pay;
An income continuation plan;
The disability provisions of any retirement plan;
Mortgage disability insurance;
Travel accident insurance;
Hospital indemnity insurance;
Medical, dental, surgical, diagnostic, x-ray, laboratory, or major medical
insurance, including coverage provided by a health maintenance
organization insurer;
J Social Security benefits.
For each such Collateral Source so identified above, state:
a. The name and address of the benefit provider, as well as the name and
address of the agent and/or adjuster primarily responsible for the handling of
the claim;
b The policy and/or identification number applicable to said claim;
c The amount of benefits received or to be received in the future;
5
6 of 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
The premiums paid by or on behalf of the plaintiff for such benefits
for the two year period immediately preceding the accrual of the action.
The projected future cost to the plaintiff of maintaining said benefits.
EXPERT WITNESSES
14 Identify and state the qualifications (including the place of education,
extent of education, special areas of practice, years of practice, and
dates and areas of certifications, if any) of each person who you expect
to call at trial as an expert witness;
State in detail the subject matter upon which the expert is expected to
testify;
Provide the facts and opinions upon which the expert is expected to
testify;
Provide a summary of the grounds of each such opinion; and
If you expect to call an expert on economic loss, state:
1.) A specific description of the losses for which such calculations will
be made (i.e., present value of the loss of second job earnings,
present value of future medical expenses, etc.);
2) The undiscounted amount of such loss;
3) The present value of the dollar amount of such loss;
4.) The discount rate applied by such person to determine present
value and the reason for such rate;
5) The number of years involved in such discounting process and the
opinions and facts on which the economist bases the
determination of that number of years;
6.) Specify each factor other than those which have been noted
above, which the person has used in calculating the net amount of
the present value of the loss and identify specifically the source
material and page number on which such person bases his
opinion or draws the facts on which he relied;
7) State, in detail, the manner in which the person reached his or her
conclusions, showing the mathematical calculations involved.
7 of 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
BLACK BOX DATA
15, Provide a verified statement setting forth:
(a) Whether the vehicle which the plaintiff operated or in which the
plaintiff was a passenger was equipped with a Sensing Diagnostic Module
or “black box”;
(b) If said vehicle was equipped with a Sensing Diagnostic Module, the
address, phone number, and name of the person or entity in
possession of the Sensing Diagnostic Module;
(c) The location of all vehicles, or portions thereof, involved in the
accident, which is the subject to this action, including the name, address
and phone number of any and all individual/entities in possession of said
vehicles/portions of vehicles;
(d) Whether any crash data/retrieval data has been obtained, the date
and time the data was obtained and the name, address, and phone
number of the person/entity from whom the data was obtained;
(e) Whether the vehicle which the plaintiff was operating or in which
the plaintiff was a passenger was equipped with a vehicle safety device,
security system, and/or roadside assistance service, including but not
limited to satellite-based systems and services such as OnStar by GM.
() If said vehicle was equipped with such a device and/or system,
identify the device/service and advise whether it was utilized relative to the
accident which is the subject to this action.
(9) Whether statements were made to agents, servants, and/or
employees of the device/service.
Please be further advised that you must notify us in writing before conducting testing
or download of any information from a Sensing Diagnostic Module, vehicle, or portions
thereof.
8 of 9
RT OUN NK 04 09 DM INDEXNG E 28208088174
UD 0 NRO
NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021
CELLULAR TELEPHONE INFORMATION
146. The name of the plaintiff's cellular telephone service provider and copies of billing
and cell phone usage records covering a period from twelve (12) hours before through twelve
(12) hours after the incident complained of herein. Detraglia v. Grant, 68 A.D.3d 1307 (3d
Dept. 2009).
If you do not have one or more of the above-requested items, a letter or affidavit to
that effect should be submitted.
PLEASE TAKE FURTHER NOTICE, that these demands are deemed to be
continuing, and that should any of the items demanded be learned of or obtained after the
date of service hereof, compliance with these demands.
Dated: October 13, 2021
DRA
John R. Condren, Esq.
BARTH CONDREN LLP
Attorneys for Defendant
367 Linwood Avenue
Buffalo, New York 14209
Telephone: (716) 856-1300
TO Brett L. Manske, Esq.
THE BARNES FIRM, P.C.
Attorneys for Plaintiffs
28 East Main Street, Suite 600
Rochester, New York 14614
Tel: (800) 800-0000
9 of 9
Preview
INDEX NO. E2021008174 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2872551 Book Page CIVIL Return To: No. Pages: 9 JOHN ROBERT CONDREN 367 Linwood Avenue - Barth Sullivan Behr Instrument: MISCELLANEOUS DOCUMENT Buffalo, NY 14209 Control #: 202110151103 Index #: E2021008174 Date: 10/15/2021 Beslagic, Zarifa Time: 4:12:58 PM Beslagic, Zemir Aldridge, Susan Renee Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MOOT A lof 9 RT OUN NK 04 09 DM INDE& NOE 2621028088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF MONROE ZARIFA BESLAGIC and ZEMIR BESLAGIC, MISCELLANEOUS DISCLOSURE DEMANDS Plaintiffs, Vv SUSAN RENEE ALDRIDGE, Index No. E2021008174 Defendant. SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the defendant SUSAN RENEE ALDRIDGE, by her attorneys BARTH CONDREN, LLP, hereby demands that the plaintiffs serve upon the undersigned, or produce in the undersigned's office for inspection and/or copying, within twenty (20) days of the service of this notice, the following: DOCUMENTS 4 Plaintiffs’ marriage license or certificate, if applicable. 2 If you claim damages for future lost earnings, copies of all federal W-2 forms and federal income tax returns, and all other documents proving past earnings upon which you may rely at trial, for the three full fiscal years prior to the commencement of any claimed period of disability. 3. All documents related to any claim or application for any type of insurance, including Worker's Compensation, NYS Disability, SSDI, or other disability insurance, related to the alleged accident and injuries in suit, which are presently in the plaintiff's possession, custody or control. 4 The report(s) of any consultant(s) or expert(s) in any field(s) prepared or obtained for the purpose of assisting the plaintiff(s) in deciding to commence an action for damages. Landmark Ins. Co. v. Beau Rivage Rest., 121 A.D.2d 98 (2d Dept. 1986); Plimpton v. Massachusetts Mut. L. |. Co., 50 A.D.3d 532 (18 Dept. April 24, 2008). 2 0f 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 STATEMENTS Copies or transcripts of any and all statements of the undersigned's client(s), 5 whether oral or written, however and whether or not previously transcribed, preserved or recorded, including audio or videotape or film, in your possession, custody or control, whether signed or otherwise, and all statements of any other party in this lawsuit pursuant to Troup v. Midland-Ross Corporation, 94 A.D.2d 949 (4th Dept. 1983), or a statement indicating that you have none. WITNESSES The names and addresses of each and every witness, separately identified, to 6 each of the following: a To the accident/incident which is the subject of the above entitled action; b. To any allegedly defective or dangerous condition; To any notice, either actual or constructive, to defendants; To any admission(s) by defendants; To any acts or omissions of any person which allegedly caused or contributed to the occurrence alleged in the complaint; To any other element reflecting on liability. To any injuries, damages, or disabilities claimed by the plaintiff; Who will testify at trial as to any facts relative to liability or damages, in addition to health care providers. PHOTOGRAPHIC AND VIDEOTAPE MATERIALS Any and all photographs, slides, videotapes, or films of: a. The scene of the incident which is the subject of this litigation and /or any reconstruction of the accident and/or the scene; Any allegedly defective condition; Any instrumentality (i.e., automobiles, structures, machines, goods, appliances, or other physical object) involved in the incident, and 3 0f 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 All conditions, occurrences, events and damages, for which compensatory damages are claimed. Any and all photographs, slides, videotapes, and films to be used at trial. ACCIDENT REPORTS A copy of any and all written reports of the accident/ incident which is the 8 subject of this action, including but not limited to: any report prepared by or on behalf of your client(s) as required by the New York Department of Motor Vehicles, New York Workers Compensation Law, or either required by or submitted to any other government agency or administrative authority or body; and, any report(s) prepared by your client(s) or any agent, servant, employee, or other representative of your client(s), whether internal or external to your client(s)' organization or enterprise, and whether or not prepared in the regular course of business or practices of your client(s). AFFIDAVITS OF SERVICE Provide a copy of all affidavits of service of the summons with notice or 9 summons and complaint on the defendant. HEALTH CARE RECORDS AND REPORTS FOR ZARIFA BESLAGIC 10. Pursuant to CPLR § 3101, 22 N.Y.C.R.R. 202.17 and Davidson v. Steer/Peanut Gallery, 277 AD2d 965, 715 NYS 2d 560 (4t* Dept.) it is your obligation to provide us with copies of any medical records relating to your client's treatment, including all records of all health care providers, and, all reports, from those providers who have treated or examined the plaintiff or who will testify on his behalf. AUTHORIZATIONS FOR ZARIFA BESLAGIC 11 Duly executed and acknowledged authorizations to obtain: |. For any and all medical, chiropractic, osteopathic, psychiatric, physical therapy, and other healthcare providers of any kind as follows. THE PLAINTIFF MUST INITIAL ALL AUTHORIZATIONS ALLOWING BARTH CONDREN LLP TO SPEAK WITH HIS/HER HEALTH CARE PROVIDERS (Arons v. Jutkowitz, 9 NY2d 393). NON-COMPLYING AUTHORIZATIONS WILL BE RETURNED. (a) For examination, care and/or treatment of the injuries claimed, all records and reports, including but not limited to offices notes; laboratory and 3 40f 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 diagnostic test results and reports; radiological films and reports (including but not limited to films and reports of x-rays, CT scans, and MRIs); hospital charts and records; nurses’ notes; consultation reports. (b) For all pre-incident and prior health care providers, all such reports or other records of examination, care and/or treatment, of conditions or complaints pertaining to, or potentially affecting, the body part(s) or system(s) claimed to be injured. Geraci v. National Fuel Gas Dist. Corp., 255 A.D.2d 945 (1998); Dibble v. Consolidated Rail Corp., 181 A.D. 1040 (1992). AUTHORIZATIONS LIMITED TO THE ACCIDENT DATE ARE UNACCEPTABLE AND WILL BE RETURNED. ii. Complete employment records relating to the plaintiff(s), addressed to all such employers from 1990 to the present, including but not limited to salary, attendance, and all records relating to claims for workers compensation and disability benefits, in such employer's possession, custody or control. iii, No-Fault insurance records relating to the plaintiff(s) as a result of the accident which is the subject of this lawsuit, and also relating to any prior accidental injuries potentially affecting the body part(s) or system(s) claimed to be injured, and referencing the name and address of the No-Fault insurance carrier and any file number or claim number under which such records can be requested. iv. Workers' Compensation insurance records relating to the plaintiff's injuries claimed, and also to any prior injuries or conditions involving or potentially affecting the body part(s) or system(s) claimed to be injured, and referencing the name and address of the Workers' Compensation carrier and any file number or claim number or file number under which such records can be requested. v. All Social Security Administration records (download Form SSA-3288 at www.ssa.gov/online/ssa-3288.html); New York State Disability Insurance or other state disability insurance records; private or group disability insurance records; occupational or vocational rehabilitation records (including but not limited to records of the New York Office of Vocational and Educational Services for Individuals with Disabilities (VESID)). vi. All records of any employment or unemployment office or agency, public or private, that the plaintiff(s) consulted or had dealings with, subsequent to the incident in suit. 5 of 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 DEMAND FOR PRIOR RECORDS OF ZARIFA BESLAGIC 12. Copies of any and all documents, reports, medical records, hospital records, operative reports, diagnostic studies and reports, notes, police reports, accident reports, and/or writings that evidence the plaintiff sustained any injuries prior to the date of this accident which is the subject of this action, to wit: June 26, 2019. COLLATERAL SOURCES 13. If plaintiffs seek to recover damages for the costs of medical, dental and/or custodial care, rehabilitation services, loss of earnings, or other economic loss, state whether the plaintiff is or will be entitled to receive benefits from, or be indemnified by, in whole or in part, any collateral source including, but not limited to: a Disability insurance; Credit disability insurance; Employer-provided sick pay; An income continuation plan; The disability provisions of any retirement plan; Mortgage disability insurance; Travel accident insurance; Hospital indemnity insurance; Medical, dental, surgical, diagnostic, x-ray, laboratory, or major medical insurance, including coverage provided by a health maintenance organization insurer; J Social Security benefits. For each such Collateral Source so identified above, state: a. The name and address of the benefit provider, as well as the name and address of the agent and/or adjuster primarily responsible for the handling of the claim; b The policy and/or identification number applicable to said claim; c The amount of benefits received or to be received in the future; 5 6 of 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 The premiums paid by or on behalf of the plaintiff for such benefits for the two year period immediately preceding the accrual of the action. The projected future cost to the plaintiff of maintaining said benefits. EXPERT WITNESSES 14 Identify and state the qualifications (including the place of education, extent of education, special areas of practice, years of practice, and dates and areas of certifications, if any) of each person who you expect to call at trial as an expert witness; State in detail the subject matter upon which the expert is expected to testify; Provide the facts and opinions upon which the expert is expected to testify; Provide a summary of the grounds of each such opinion; and If you expect to call an expert on economic loss, state: 1.) A specific description of the losses for which such calculations will be made (i.e., present value of the loss of second job earnings, present value of future medical expenses, etc.); 2) The undiscounted amount of such loss; 3) The present value of the dollar amount of such loss; 4.) The discount rate applied by such person to determine present value and the reason for such rate; 5) The number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of that number of years; 6.) Specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify specifically the source material and page number on which such person bases his opinion or draws the facts on which he relied; 7) State, in detail, the manner in which the person reached his or her conclusions, showing the mathematical calculations involved. 7 of 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 BLACK BOX DATA 15, Provide a verified statement setting forth: (a) Whether the vehicle which the plaintiff operated or in which the plaintiff was a passenger was equipped with a Sensing Diagnostic Module or “black box”; (b) If said vehicle was equipped with a Sensing Diagnostic Module, the address, phone number, and name of the person or entity in possession of the Sensing Diagnostic Module; (c) The location of all vehicles, or portions thereof, involved in the accident, which is the subject to this action, including the name, address and phone number of any and all individual/entities in possession of said vehicles/portions of vehicles; (d) Whether any crash data/retrieval data has been obtained, the date and time the data was obtained and the name, address, and phone number of the person/entity from whom the data was obtained; (e) Whether the vehicle which the plaintiff was operating or in which the plaintiff was a passenger was equipped with a vehicle safety device, security system, and/or roadside assistance service, including but not limited to satellite-based systems and services such as OnStar by GM. () If said vehicle was equipped with such a device and/or system, identify the device/service and advise whether it was utilized relative to the accident which is the subject to this action. (9) Whether statements were made to agents, servants, and/or employees of the device/service. Please be further advised that you must notify us in writing before conducting testing or download of any information from a Sensing Diagnostic Module, vehicle, or portions thereof. 8 of 9 RT OUN NK 04 09 DM INDEXNG E 28208088174 UD 0 NRO NYSCEF BOC. NO. 5 RECEIVED NYSCEF: 10/15/2021 CELLULAR TELEPHONE INFORMATION 146. The name of the plaintiff's cellular telephone service provider and copies of billing and cell phone usage records covering a period from twelve (12) hours before through twelve (12) hours after the incident complained of herein. Detraglia v. Grant, 68 A.D.3d 1307 (3d Dept. 2009). If you do not have one or more of the above-requested items, a letter or affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE, that these demands are deemed to be continuing, and that should any of the items demanded be learned of or obtained after the date of service hereof, compliance with these demands. Dated: October 13, 2021 DRA John R. Condren, Esq. BARTH CONDREN LLP Attorneys for Defendant 367 Linwood Avenue Buffalo, New York 14209 Telephone: (716) 856-1300 TO Brett L. Manske, Esq. THE BARNES FIRM, P.C. Attorneys for Plaintiffs 28 East Main Street, Suite 600 Rochester, New York 14614 Tel: (800) 800-0000 9 of 9