Preview
FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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DOMINGO ROSARIO PENA, Index No.: 802715/23E
Plaintiff, VERIFIED ANSWER
-against-
47-00 NORTHERN BOULEVARD LLC, KRINOS
REALTY CORP., KRINOS REALTY LLC, KRINOS
HOLDINGS, INC. and KRINOS FOODS LLC,
Defendants.
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Defendants, 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP.,
KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC,
by CARTAFALSA, TURPIN & LENOFF, its attorneys, answering the plaintiff's complaint
herein, respectfully shows to the Court, upon information and belief, the following:
AS AND FOR A FIRST CAUSE OF ACTION
FIRST: Defendant deny any knowledge or information sufficient to form a belief
as to any of the allegations contained in paragraphs of plaintiff’s complaint numbered
and designated as 1, 20, 21 and 22.
SECOND: Defendants deny each and every allegation contained in paragraphs
of plaintiff’s complaint numbered and designated as 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13,
14, 16, 17, 18, 19, 24, 25, 26, 28, 29, 30, 31, 32 and 33.
THIRD: Defendants deny each and every allegation contained in paragraphs of
plaintiff’s complaint numbered and designated as 27 and 34 and respectfully refers all
questions of law to this Honorable Court.
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FOURTH: Defendants deny each and every allegation contained in paragraphs
of plaintiff’s complaint numbered and designated as 23 but admit that “On or about
March 8, 2022, defendant, 47-00 Northern Boulevard LLC leased the premises.”
AS AND FOR A SECOND CAUSE OF ACTION
FIFTH: In answer to paragraph 35, defendants repeat and reiterates each and
every answer made to paragraphs “1” to “34” inclusive, with the same force and effect
as though set forth herein once again at length.
SIXTH: Defendants deny each and every allegation contained in paragraphs of
plaintiff’s complaint numbered and designated as 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65, 66 and 67.
SEVENTH: Defendants deny each and every allegation contained in paragraphs
of plaintiff’s complaint numbered and designated as 61 and 68 and respectfully refers all
questions of law to this Honorable Court.
AS AND FOR A THIRD CAUSE OF ACTION
EIGHTH: In answer to paragraph 69, defendants repeat and reiterates each and
every answer made to paragraphs “1” to “68” inclusive, with the same force and effect
as though set forth herein once again at length.
NINTH: Defendants deny each and every allegation contained in paragraphs of
plaintiff’s complaint numbered and designated as 70, 71, 72, 73, 75, 76, 77, 78, 79, 80,
81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 96, 97, 98, 99, 100 and 101.
TENTH: Defendants deny each and every allegation contained in paragraphs of
plaintiff’s complaint numbered and designated as 95 and 102 and respectfully refers all
questions of law to this Honorable Court.
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AS AND FOR A FOURTH CAUSE OF ACTION
ELEVENTH: In answer to paragraph 103, defendants repeat and reiterates each
and every answer made to paragraphs “1” to “102” inclusive, with the same force and
effect as though set forth herein once again at length.
TWELFTH: Defendants deny each and every allegation contained in paragraphs
of plaintiff’s complaint numbered and designated as 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133,
134 and 135.
THIRTEENTH: Defendants deny each and every allegation contained in
paragraphs of plaintiff’s complaint numbered and designated as 129 and 136 and
respectfully refers all questions of law to this Honorable Court.
AS AND FOR A FIFTH CAUSE OF ACTION
FOURTEENTH: In answer to paragraph 137, defendants repeat and reiterates
each and every answer made to paragraphs “1” to “136” inclusive, with the same force
and effect as though set forth herein once again at length.
FIFTEENTH: Defendants deny each and every allegation contained in
paragraphs of plaintiff’s complaint numbered and designated as 138, 139, 140, 141,
142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,
159, 160, 161, 162, 163, 165, 166, 167, 168, 169 and 170.
SIXTEENTH: Defendants deny each and every allegation contained in
paragraphs of plaintiff’s complaint numbered and designated as 164 and 171 and
respectfully refers all questions of law to this Honorable Court.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
SEVENTEENTH: That if the plaintiff sustained injuries as alleged in the Complaint,
said injuries would have been brought about and caused in whole or in part by the
plaintiff's own negligent and/or culpable conduct.
EIGHTEENTH: That any damages to which plaintiff may become entitled should
be diminished in the same proportion, as plaintiff's own negligent and/or culpable conduct
bears to the total negligent and/or culpable conduct responsible for the injuries sustained.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
NINETEENTH: That at the time of the alleged accident, the plaintiff was
engaged in activity which he knew to be hazardous of its very nature and the plaintiff
assumed the risk inherent in said activity.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
TWENTIETH: The Complaint fails to state a cause of action and this defendants
reserves the right to move to dismiss the same at or before trial.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
TWENTY-FIRST: Upon information and belief, any past or future costs or
expenses incurred or to be incurred by the plaintiff for medical care, dental care,
custodial care of rehabilitative services, loss of earnings or other economic loss, has
been or will with reasonable certainty be replaced or indemnified in whole or in part from
a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and
Rules.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
TWENTY-SECOND: Timely and/or proper notice was not given to these
answering Defendants as to any alleged conditions at the premises at issue.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
TWENTY-THIRD: Plaintiff failed to mitigate damages.
WHEREFORE, Defendants, 47-00 NORTHERN BOULEVARD LLC, KRINOS
REALTY CORP. KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS
FOODS LLC., demands judgment dismissing the plaintiff's Complaint herein, together
with the costs and disbursements of this action.
Dated: New York, New York
April 3, 2023
Yours etc.
CARTAFALSA, TURPIN & LENOFF
By: ____________________________
GAIL P. PARISER
Attorneys for Defendants
47-00 NORTHERN BOULEVARD LLC,
KRINOS REALTY CORP., KRINOS REALTY
LLC, KRINOS HOLDINGS, INC. and KRINOS
FOODS LLC
4 World Trade Center
150 Greenwich Street, 52nd Floor
New York, New York 10007
(212) 225-7700
File No.: 495859
TO:
LAW OFFICES OF NATALIYA BORUSHCHAK, P.C.
Attorneys for Plaintiff
2357 Coney Island Avenue 2nd Floor
Brooklyn, NY 11223
(347) 462-3430
nb@nblawteam.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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DOMINGO ROSARIO PENA, Index No.: 802715/23E
Plaintiff, DEMAND FOR A
VERIFIED BILL OF
-against- PARTICULARS
47-00 NORTHERN BOULEVARD LLC, KRINOS
REALTY CORP., KRINOS REALTY LLC, KRINOS
HOLDINGS, INC. and KRINOS FOODS LLC,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to CPLR §§3041, 3042, 3043 and 3044
of the Civil Practice and Rules, you are hereby required to serve a Verified Bill of
Particulars upon the undersigned attorneys within 20 days of the receipt of this Demand
showing the following details, or in lieu thereof, a statement that the plaintiff(s) has no
knowledge or information concerning each Demand:
1. The date of birth of each and every plaintiff.
2. The residence at the time of the occurrence of each and every plaintiff.
3. The current residence of each and every plaintiff.
4. The Social Security number of each plaintiff.
5. The location, date and time of the occurrence.
6. A specific statement of the manner of the occurrence alleged in the
Complaint.
7. Set forth the acts or omissions constituting the negligence claimed against
the answering defendant(s).
8. The location of the occurrence in sufficient detail to permit identification,
giving the distance from and between fixed points, such as structures, buildings,
rooms, stairs, curbs, intersections, etc.
9. If a defect, foreign object or other condition is alleged to be a cause of the
occurrence, set forth a description of same, including a) location, b) dimensions
and c) composition.
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10. If actual notice of any condition identified in #9, supra, is claimed, state
when, by whom and to whom actual notice was given. If you are unable to
provide the name and address of any actual notice witnesses, set forth a physical
description or a status description of the actual notice witnesses.
11. If constructive notice of any condition identified in #9, supra, is claimed,
state the length of time it is claimed the condition existed and the name and
address of any notice witnesses. If you are unable to provide the name and
address of the constructive notice witnesses, set forth a physical description or a
status description of the notice witnesses.
12. Set forth the name and address of each eye witness to the occurrence
alleged in the Complaint. If you are unable to provide the name and address of
the eye witnesses, set forth a physical description or a status description of the
eye witnesses.
13. State each rule, policy, accepted standard, ordinance, statute and section
of statute that it is claimed were violated or deviated from by the answering
defendant(s), its employees or its agents.
14. State each and every injury claimed to have been sustained by each
plaintiff, with the duration thereof.
15. Set forth each and every injury which is claimed to be permanent and in
what respect each injury is claimed to be permanent. If it is claimed that a
condition has been exacerbated, set forth the condition and the manner in which
it has been exacerbated.
16. If the plaintiff received treatment at a hospital or clinic, provide the names
of each hospital or clinic and set forth the dates of admission, discharge and
treatment.
17. Set forth the dates of confinement and place of confinement if plaintiff was
confined to a) hospital, b) home or c) bed.
18. If there is an activity that can no longer be enjoyed or performed by the
plaintiff, state the activity and the reasons for the plaintiff’s inability to enjoy or
perform the activity after the occurrence alleged in the Complaint.
19. State the name and address of the plaintiff’s employer at the time of the
occurrence, the position held by the plaintiff and the rate of pay of the plaintiff. If
the plaintiff was self employed at the time of the occurrence, set forth the name
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and address under which the plaintiff did business and his annual income. State
whether the plaintiff was injured during the course of his employment.
20. If the plaintiff was disabled from his/her usual occupation as a result of the
occurrence, provide the dates of the alleged disability.
21. Set forth separately, the amounts claimed for:
a) hospital and ambulance services
b) doctor’s services
c) physical and rehabilitation therapy
d) psychiatric services
e) nursing services
f) medical supplies and medicine
g) lost earnings
h) property damage
22. Set forth every additional item of damage or expense alleged to have
been sustained by each plaintiff, including separate statements for any alleged
emotional injuries.
23. If the plaintiff was a member of a Union, set forth the name of the Union,
the name of the Local and the plaintiff’s union number.
24. If the plaintiff(s) claim injuries sustained in an automobile accident, give
the name of the thoroughfare on which, and the direction in which, each motor
vehicle or pedestrian involved in the accident was proceeding prior to and at the
time of the occurrence.
25. If this accident arises out of a motor vehicle accident, state which injuries
the plaintiff(s) will claim are serious as defined by the Comprehensive Automobile
Insurance Reparations Act or No-Fault Law.
26. State in what respect and in what manner the alleged injuries are “Serious
Injuries” as defined in the No-Fault Law.
27. State whether or not a claim is being made for improper or defective
equipment. If so, describe in detail the equipment and the defects alleged.
28. If personal or real property damages are claimed, set forth (a) a
description of the property damaged; (b) the date of purchase of each item and
the price paid; (c) the value of the property at the time of the loss; (d) a detailed
list of the repairs necessary to each item and the cost of repairs to each item;
and (e) the salvage loss recovered, if any.
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Please take further notice that in the event of your failure to comply with this
Demand for a Verified Bill of Particulars within twenty (20) days, a motion will be made
for an Order precluding you from offering any evidence at trial of this matter with respect
to the foregoing Demands.
Dated: New York, New York
April 3, 2023
Yours etc.
CARTAFALSA, TURPIN & LENOFF
By: ____________________________
GAIL P. PARISER
Attorneys for Defendants
47-00 NORTHERN BOULEVARD LLC,
KRINOS REALTY CORP., KRINOS REALTY
LLC, KRINOS HOLDINGS, INC. and KRINOS
FOODS LLC
4 World Trade Center
150 Greenwich Street, 52nd Floor
New York, New York 10007
(212) 225-7700
File No.: 495859
TO:
LAW OFFICES OF NATALIYA BORUSHCHAK, P.C.
Attorneys for Plaintiff
2357 Coney Island Avenue 2nd Floor
Brooklyn, NY 11223
(347) 462-3430
nb@nblawteam.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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DOMINGO ROSARIO PENA, Index No.: 802715/23E
Plaintiff, OMNIBUS
DISCOVERY
-against- DEMANDS
47-00 NORTHERN BOULEVARD LLC, KRINOS
REALTY CORP., KRINOS REALTY LLC, KRINOS
HOLDINGS, INC. and KRINOS FOODS LLC,
Defendants.
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TO: ALL PARTIES
PLEASE TAKE NOTICE, that the below-named defendants hereby
demands that you furnish within twenty (20) days after service of this notice, the
following:
STATEMENTS
1. Pursuant to CPLR §3101(e), of the defendants the agents, servants
or employees of said defendants, including any oral, stenographic or written statements,
whether signed or unsigned, or a notice or letter stating that you have no such
statements.
MEDICAL INFORMATION
2. Pursuant to CPLR §3101 and Hoenig v. Westphal, 52 N.Y.2d 605,
a list of all examining and treating physicians, and copies of all existing (and future)
reports of all physicians, including consultants and specialists, who have attended,
treated or examined the plaintiffs in connection with the injuries for which recovery is
sought. These shall include substantially the injuries and conditions to be testified at
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trial with reference to medical history, prescribed treatment, diagnostic techniques,
diagnosis, prognosis and all laboratory and x-ray reports intended to be offered at trial.
WITNESSES
3. Pursuant to CPLR §3101 and Zellman v. Metropolitan
Transportation Authority, 40 A.D.2d 248 and O’Connor v. Larson, 74 A.D.2d 734, the
names and addresses of each and every person claims by any party you represent to
be a witness:
a. before, during and after the occurrence alleged in the
complaint;
b. to any acts, omissions or condition which allegedly caused
the occurrence alleged in the complaint;
c. to any actual notice allegedly given to the defendant or any
employee of the defendant of any condition which allegedly
caused the occurrence alleged in the complaint;
d. to the nature and duration of any alleged defect or condition
which allegedly caused the occurrence alleged in the
complaint;
e. to any injuries, disability or reduced earning capacity of the
plaintiff (whether the witness be lay or expert);
f. any other element reflecting on liability or damages; and
g. to any admissions allegedly made by the defendant.
PHOTOGRAPHS
4. Pursuant to CPLR §3101(j) and Reese v. Long Island Railroad, 46
Misc.2d 5, 24 A.D.2d 581, all photographs, moving pictures, slides, videotapes and/or
films which depict:
a. the scene of the occurrence alleged in the complaint;
b. the scene of the occurrence alleged in the complaint
immediately prior to the occurrence;
c. the scene of the occurrence alleged in the complaint after
the occurrence;
d. the occurrence alleged in the complaint;
e. any condition which caused or contributed to the occurrence
alleged in the complaint;
f. the instrumentality involved in the occurrence; and
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g. the injuries allegedly sustained by the plaintiff.
5. Any and all photographs in their original file format (ie. jpeg", .tiff or
RAW files with its metadata intact) of the scene of the occurrence and/or property
involved in the incident alleged in the complaint, and of any alleged injuries. If no such
photographs are in the possession, custody or control of any parties you represent in
this action, so state in a sworn reply to this demand.
WRITTEN REPORTS
6. Pursuant to CPLR §3101(a), all written reports concerning the
incident which is the subject of this litigation made in the usual course of business by
any person or entity. Set forth a copy of each and every contract, agreement, letter and
memo between plaintiff and any defendant.
EXPERT WITNESSES
7. Pursuant to CPLR §3101(d), the identity of each person whom you
expect to call as an expert witness at the trial of the above-captioned action. As to each
person identified, specify:
a. the name and qualification of the expert;
b. the subject matter upon which the expert is expected to
testify;
c. the substance of the facts and opinions on which the expert
is expected to testify; and
d. the grounds for each expert’s opinion.
COLLATERAL SOURCES
8. Pursuant to CPLR §4545, the following information on collateral
sources:
a. If the plaintiff seeks to recover damages for the cost of
medical care, dental care, custodial care, rehabilitation
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services, loss of earnings or other economic loss, identify
whether the plaintiff was, 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:
(1) disability insurance;
(2) credit disability insurance;
(3) employer provided sick pay or income continuation
plans;
(4) disability provisions under qualified or non-qualified
retirement plans;
(5) welfare benefits;
(6) mortgage disability insurance;
(7) travel accident insurance;
(8) hospital indemnity insurance;
(9) medical, dental, surgical, diagnostic, x-ray, laboratory
or major medical insurance, including coverage
provided by a health maintenance insurer; and
(10) Social Security benefits except for benefits received
under Title XVIII of the Social Security Act (Health
Insurance of the Aged and Disabled).
b. For each such collateral source so identified in response to
paragraph “a” above, specify:
(1) the name of the benefits provider;
(2) its address;
(3) the policy and/or identification number applicable to
the plaintiff’s claim;
(4) the amount of benefits received or to be received in
the future;
(5) the premiums paid by the plaintiff for such benefits for
the two-year period immediately preceding the
accrual of the action;
(6) the projected future cost to the plaintiff of maintaining
such benefits.
c. Defendants demands that the plaintiff produce the following
documents:
(1) all contracts or agreements identified in response to
items a. and b., supra;
(2) all receipts or proofs of payment of premiums or such
other financial obligations as may be required by any
such agreement for the period of time set forth in
items b.;
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(3) all documents reflecting or evidencing the projected
future cost to plaintiff of maintaining such benefits and
plaintiff’s entitlement to the continued receipt of same;
(4) all bills, invoices, statements, receipts, notices, or
other documents reflecting the replacement or
indemnification by such collateral sources of the costs
or expenses for which plaintiffs seek recovery.
INSURANCE
9. Copies of any and all applicable insurance policies, both primary
and excess or “umbrella”, to which your client is an insured, named or otherwise.
ACCIDENT REPORTS
12. Copies of any and all accident reports including police reports and
MV-104s.
TRANSCRIPTS
13. Copies of any and all transcripts of pre-litigation hearings, General
Municipal Law hearings, motor vehicle hearings and/or examinations before trial.
PARTIES APPEARING IN ACTION
14. Demand is hereby made that plaintiff provide the names and
addresses of all attorneys who have appeared in this action together with the name of
the party for whom they have appeared.
OTHER ACTIONS
15. The complete title of any other actions or claims which have been
commenced in any forum arising out of the allegations set forth in this action, and
further set forth copies of all pleadings, demands, notices, responses, discovery and
any other papers served therein.
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INCOME TAX RETURNS
16. Copies of Federal and State income tax returns for three years prior
and two years subsequent to the occurrence complained of, if a claim is being made for
lost wages.
PLEASE TAKE FURTHER NOTICE, that the above demands shall be
deemed to continue through the pendency of this action, including the trial thereof.
PLEASE TAKE FURTHER NOTICE, that medical testimony pertaining to
diagnosis, treatment, disability and/or permanency will be objected to at trial unless
clearly, plainly and substantially set forth in such material required.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with
any of these demands, a motion will be made to compel compliance and/or to preclude
the introduction into evidence of any documents or the testimony of any witnesses not
disclosed pursuant to these demands and/or to strike the pleadings, together with the
costs of any such motion(s).
Dated: New York, New York
April 3, 2023
Yours etc.
CARTAFALSA, TURPIN & LENOFF
By: ____________________________
GAIL P. PARISER
Attorneys for Defendants
47-00 NORTHERN BOULEVARD LLC,
KRINOS REALTY CORP., KRINOS REALTY
LLC, KRINOS HOLDINGS, INC. and KRINOS
FOODS LLC
4 World Trade Center
150 Greenwich Street, 52nd Floor
New York, New York 10007
(212) 225-7700
File No.: 495859
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TO:
LAW OFFICES OF NATALIYA BORUSHCHAK, P.C.
Attorneys for Plaintiff
2357 Coney Island Avenue 2nd Floor
Brooklyn, NY 11223
(347) 462-3430
nb@nblawteam.com
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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DOMINGO ROSARIO PENA, Index No.: 802715/23E
Plaintiff, COMBINED
DEMANDS WITH
-against- NOTICE TO TAKE
DEPOSITION:
47-00 NORTHERN BOULEVARD LLC, KRINOS
REALTY CORP., KRINOS REALTY LLC, KRINOS
HOLDINGS, INC. and KRINOS FOODS LLC,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to Article 31 of the C.P.L.R. you are hereby
required to produce and permit discovery by the below named defendant(s) of the items
listed below.
PLEASE TAKE FURTHER NOTICE, that you are hereby required to produce and
permit discovery of the items listed below by serving same upon the attorneys for the
defendant(s) herein, at their offices located at 4 World Trade Center – 52nd Floor, New
York, New York 10007 on or before the 3rd day of May, 2023.
DEMAND FOR MEDICAL INFORMATION AND REPORTS:
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3121, the plaintiff is required
to serve within twenty (20) days after receipt of this notice upon the undersigned and upon
all other parties to this action, the following:
1. The names and addresses of all physicians or other health care providers
of every description who have consulted, examined or treated the plaintiff's or plaintiff's
decedent 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. Duly executed and acknowledged, HIPPA compliant, written authorizations
directed to any hospital, clinic or other health care facility in which the injured plaintiff's or
plaintiff's decedent herein is or was treated or confined due to the occurrence set forth in
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the complaint so as to permit the securing of a copy of the entire hospital record or records
including x-rays and technicians' reports. Said authorizations should include the
language that the authorization does not expire until the “end of this litigation”.
3. Duly executed and acknowledged, HIPAA compliant, written authorizations
to allow the defendant, to obtain the completed official medical records relating to plaintiff
or plaintiff's decedent of each health care provider identified in (1) above. Said
authorizations should include the language that the authorization does not expire until the
“end of this litigation”.
4. Copies of all medical reports received from health care providers identified
in (1) above. These shall include a detailed recital of the injuries and conditions as to
which testimony will be offered at the trial, referring to and identifying those x-rays and
technicians' reports which will be offered at the trial.
5. Duly executed and acknowledged written authorizations to allow defendant
to obtain complete pharmacy or drug store records with respect to any drugs prescribed
for plaintiff's or plaintiff's decedent from one (1) year prior to the occurrence described in
the complaint to the present date.
6. Duly executed and acknowledged written authorizations (containing full
names & addresses of all doctors/hospitals) and fully compliant with HIPAA regulations
permitting the attorneys for this defendant to obtain and make copies of any and all
records from any video conference/telemedicine appointment/contacts for any treating
physicians during the COVID-19 lockdown or since the outbreak of the corona virus.
7. Any records, including but not limited to electronic records, in the plaintiff’s
possession from any video conference/telemedicine appointments/contacts for any
treating physician during the COVID-19 lockdown or since the outbreak of the corona
virus.
PLEASE TAKE FURTHER NOTICE, that all authorizations should allow for this
office to obtain the “entire medical records, including patient histories, in-take forms, office
notes, test results, radiology studies, films, referrals, consults, billing records, insurance
records and records from other health care providers”.
Upon your failure to comply herewith, the plaintiff herein will be precluded at the
trial of this action from offering any evidence of the conditions described in the reports or
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records demanded or offering in evidence any part of the hospital records, medical
records, x-ray reports or reports of other technicians not made available pursuant to this
Rule, nor will the Court hear the testimony of any physicians whose medical reports have
not been served pursuant to the aforesaid demand.
DEMAND FOR PRODUCTION AS TO PRIOR & SUBSEQUENT
RELATED INJURIES AND CONDITIONS:
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3121, the plaintiff is required
to serve within twenty (20) days after receipt of this notice upon the undersigned and upon
all other parties to this action, the following:
(1) If plaintiff has suffered from any preexisting condition or prior injury to any
portions of his/her body allegedly injured in this action, then with respect to any such
preexisting condition or prior injury, state the portion of the body involved and provide the
following:
A. PRODUCE HIPAA-compliant authorizations to enable the undersigned
to obtain the records of each hospital, institution, or clinic where plaintiff
was confined or treated as a result of the preexisting or prior injury
described above.
B. PRODUCE HIPAA-compliant authorizations to enable the undersigned
to obtain the complete office records, x-rays, CAT scans, MRI films, etc.,
of any and all doctors or therapists who treated, examined, or saw
plaintiff herein for the preexisting or prior injury described above.
C. PRODUCE HIPAA-compliant authorizations to enable the undersigned
to obtain a complete copy of the no-fault file, workers’ compensation file,
or other applicable insurance file for any claims made as a result of the
preexisting or prior injury described above.
D. PRODUCE copies of any police, accident, or occurrence reports
regarding any incident that caused, gave rise to, precipitated, or
otherwise led to the development of any and all preexisting or prior
injuries as described above.
E. STATE the captions, venues, and index numbers of any action brought
as a result of sustaining the preexisting or prior injuries described above,
and PRODUCE the following litigation documents:
i. The summons and complaint and any amended or
supplemental summons and complaint exchanged in the prior
litigation.
ii. The bill of particulars and any amended or supplemental bill
of particulars exchanged in the prior litigation.
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iii. Copies of all medical reports exchanged in the prior litigation.
iv. Copies of all depositions or other recorded testimony of
plaintiff herein from the prior litigation; and,
v. Copies of any general releases or judgments in the litigation.
(2) If plaintiff has sustained any subsequent injuries to any portion of his/her
body being claimed as injured in this action, state the portion of the body involved and
provide the following:
A. PRODUCE HIPAA-compliant authorizations to enable the undersigned
to obtain the records of each hospital, institution, or clinic where plaintiff
was confined or treated as a result of the subsequent injuries described
above.
B. PRODUCE HIPAA-compliant authorizations to enable the undersigned
to obtain the complete office records, x-rays, CAT scans, MRI films, etc.,
of any and all doctors or therapists who treated, examined, or saw
plaintiff herein for the subsequent injuries described above.
C. PRODUCE HIPAA-compliant authorizations to enable the undersigned
to obtain a complete copy of the no-fault file, workers’ compensation file,
or other applicable insurance file for any claims made as a result of the
subsequent injuries described above.
D. PRODUCE copies of any police, accident, or occurrence reports
regarding any incident that caused, gave rise to, precipitated, or
otherwise led to the development of any and all subsequent injuries
described above.
E. STATE the captions, venues, and index numbers of any action brought
as a result of sustaini
Preview
FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X DOMINGO ROSARIO PENA, Index No.: 802715/23E Plaintiff, VERIFIED ANSWER -against- 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC, Defendants. -----------------------------------------------------------------------X Defendants, 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC, by CARTAFALSA, TURPIN & LENOFF, its attorneys, answering the plaintiff's complaint herein, respectfully shows to the Court, upon information and belief, the following: AS AND FOR A FIRST CAUSE OF ACTION FIRST: Defendant deny any knowledge or information sufficient to form a belief as to any of the allegations contained in paragraphs of plaintiff’s complaint numbered and designated as 1, 20, 21 and 22. SECOND: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 24, 25, 26, 28, 29, 30, 31, 32 and 33. THIRD: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 27 and 34 and respectfully refers all questions of law to this Honorable Court. 1 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 FOURTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 23 but admit that “On or about March 8, 2022, defendant, 47-00 Northern Boulevard LLC leased the premises.” AS AND FOR A SECOND CAUSE OF ACTION FIFTH: In answer to paragraph 35, defendants repeat and reiterates each and every answer made to paragraphs “1” to “34” inclusive, with the same force and effect as though set forth herein once again at length. SIXTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 62, 63, 64, 65, 66 and 67. SEVENTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 61 and 68 and respectfully refers all questions of law to this Honorable Court. AS AND FOR A THIRD CAUSE OF ACTION EIGHTH: In answer to paragraph 69, defendants repeat and reiterates each and every answer made to paragraphs “1” to “68” inclusive, with the same force and effect as though set forth herein once again at length. NINTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 96, 97, 98, 99, 100 and 101. TENTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 95 and 102 and respectfully refers all questions of law to this Honorable Court. 2 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 AS AND FOR A FOURTH CAUSE OF ACTION ELEVENTH: In answer to paragraph 103, defendants repeat and reiterates each and every answer made to paragraphs “1” to “102” inclusive, with the same force and effect as though set forth herein once again at length. TWELFTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131, 132, 133, 134 and 135. THIRTEENTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 129 and 136 and respectfully refers all questions of law to this Honorable Court. AS AND FOR A FIFTH CAUSE OF ACTION FOURTEENTH: In answer to paragraph 137, defendants repeat and reiterates each and every answer made to paragraphs “1” to “136” inclusive, with the same force and effect as though set forth herein once again at length. FIFTEENTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 165, 166, 167, 168, 169 and 170. SIXTEENTH: Defendants deny each and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as 164 and 171 and respectfully refers all questions of law to this Honorable Court. 3 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 AS AND FOR A FIRST AFFIRMATIVE DEFENSE: SEVENTEENTH: That if the plaintiff sustained injuries as alleged in the Complaint, said injuries would have been brought about and caused in whole or in part by the plaintiff's own negligent and/or culpable conduct. EIGHTEENTH: That any damages to which plaintiff may become entitled should be diminished in the same proportion, as plaintiff's own negligent and/or culpable conduct bears to the total negligent and/or culpable conduct responsible for the injuries sustained. AS AND FOR A SECOND AFFIRMATIVE DEFENSE: NINETEENTH: That at the time of the alleged accident, the plaintiff was engaged in activity which he knew to be hazardous of its very nature and the plaintiff assumed the risk inherent in said activity. AS AND FOR A THIRD AFFIRMATIVE DEFENSE: TWENTIETH: The Complaint fails to state a cause of action and this defendants reserves the right to move to dismiss the same at or before trial. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE: TWENTY-FIRST: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care of rehabilitative services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. 4 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE: TWENTY-SECOND: Timely and/or proper notice was not given to these answering Defendants as to any alleged conditions at the premises at issue. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE: TWENTY-THIRD: Plaintiff failed to mitigate damages. WHEREFORE, Defendants, 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP. KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC., demands judgment dismissing the plaintiff's Complaint herein, together with the costs and disbursements of this action. Dated: New York, New York April 3, 2023 Yours etc. CARTAFALSA, TURPIN & LENOFF By: ____________________________ GAIL P. PARISER Attorneys for Defendants 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC 4 World Trade Center 150 Greenwich Street, 52nd Floor New York, New York 10007 (212) 225-7700 File No.: 495859 TO: LAW OFFICES OF NATALIYA BORUSHCHAK, P.C. Attorneys for Plaintiff 2357 Coney Island Avenue 2nd Floor Brooklyn, NY 11223 (347) 462-3430 nb@nblawteam.com 5 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X DOMINGO ROSARIO PENA, Index No.: 802715/23E Plaintiff, DEMAND FOR A VERIFIED BILL OF -against- PARTICULARS 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC, Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §§3041, 3042, 3043 and 3044 of the Civil Practice and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned attorneys within 20 days of the receipt of this Demand showing the following details, or in lieu thereof, a statement that the plaintiff(s) has no knowledge or information concerning each Demand: 1. The date of birth of each and every plaintiff. 2. The residence at the time of the occurrence of each and every plaintiff. 3. The current residence of each and every plaintiff. 4. The Social Security number of each plaintiff. 5. The location, date and time of the occurrence. 6. A specific statement of the manner of the occurrence alleged in the Complaint. 7. Set forth the acts or omissions constituting the negligence claimed against the answering defendant(s). 8. The location of the occurrence in sufficient detail to permit identification, giving the distance from and between fixed points, such as structures, buildings, rooms, stairs, curbs, intersections, etc. 9. If a defect, foreign object or other condition is alleged to be a cause of the occurrence, set forth a description of same, including a) location, b) dimensions and c) composition. 6 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 10. If actual notice of any condition identified in #9, supra, is claimed, state when, by whom and to whom actual notice was given. If you are unable to provide the name and address of any actual notice witnesses, set forth a physical description or a status description of the actual notice witnesses. 11. If constructive notice of any condition identified in #9, supra, is claimed, state the length of time it is claimed the condition existed and the name and address of any notice witnesses. If you are unable to provide the name and address of the constructive notice witnesses, set forth a physical description or a status description of the notice witnesses. 12. Set forth the name and address of each eye witness to the occurrence alleged in the Complaint. If you are unable to provide the name and address of the eye witnesses, set forth a physical description or a status description of the eye witnesses. 13. State each rule, policy, accepted standard, ordinance, statute and section of statute that it is claimed were violated or deviated from by the answering defendant(s), its employees or its agents. 14. State each and every injury claimed to have been sustained by each plaintiff, with the duration thereof. 15. Set forth each and every injury which is claimed to be permanent and in what respect each injury is claimed to be permanent. If it is claimed that a condition has been exacerbated, set forth the condition and the manner in which it has been exacerbated. 16. If the plaintiff received treatment at a hospital or clinic, provide the names of each hospital or clinic and set forth the dates of admission, discharge and treatment. 17. Set forth the dates of confinement and place of confinement if plaintiff was confined to a) hospital, b) home or c) bed. 18. If there is an activity that can no longer be enjoyed or performed by the plaintiff, state the activity and the reasons for the plaintiff’s inability to enjoy or perform the activity after the occurrence alleged in the Complaint. 19. State the name and address of the plaintiff’s employer at the time of the occurrence, the position held by the plaintiff and the rate of pay of the plaintiff. If the plaintiff was self employed at the time of the occurrence, set forth the name 7 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 and address under which the plaintiff did business and his annual income. State whether the plaintiff was injured during the course of his employment. 20. If the plaintiff was disabled from his/her usual occupation as a result of the occurrence, provide the dates of the alleged disability. 21. Set forth separately, the amounts claimed for: a) hospital and ambulance services b) doctor’s services c) physical and rehabilitation therapy d) psychiatric services e) nursing services f) medical supplies and medicine g) lost earnings h) property damage 22. Set forth every additional item of damage or expense alleged to have been sustained by each plaintiff, including separate statements for any alleged emotional injuries. 23. If the plaintiff was a member of a Union, set forth the name of the Union, the name of the Local and the plaintiff’s union number. 24. If the plaintiff(s) claim injuries sustained in an automobile accident, give the name of the thoroughfare on which, and the direction in which, each motor vehicle or pedestrian involved in the accident was proceeding prior to and at the time of the occurrence. 25. If this accident arises out of a motor vehicle accident, state which injuries the plaintiff(s) will claim are serious as defined by the Comprehensive Automobile Insurance Reparations Act or No-Fault Law. 26. State in what respect and in what manner the alleged injuries are “Serious Injuries” as defined in the No-Fault Law. 27. State whether or not a claim is being made for improper or defective equipment. If so, describe in detail the equipment and the defects alleged. 28. If personal or real property damages are claimed, set forth (a) a description of the property damaged; (b) the date of purchase of each item and the price paid; (c) the value of the property at the time of the loss; (d) a detailed list of the repairs necessary to each item and the cost of repairs to each item; and (e) the salvage loss recovered, if any. 8 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 Please take further notice that in the event of your failure to comply with this Demand for a Verified Bill of Particulars within twenty (20) days, a motion will be made for an Order precluding you from offering any evidence at trial of this matter with respect to the foregoing Demands. Dated: New York, New York April 3, 2023 Yours etc. CARTAFALSA, TURPIN & LENOFF By: ____________________________ GAIL P. PARISER Attorneys for Defendants 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC 4 World Trade Center 150 Greenwich Street, 52nd Floor New York, New York 10007 (212) 225-7700 File No.: 495859 TO: LAW OFFICES OF NATALIYA BORUSHCHAK, P.C. Attorneys for Plaintiff 2357 Coney Island Avenue 2nd Floor Brooklyn, NY 11223 (347) 462-3430 nb@nblawteam.com 9 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X DOMINGO ROSARIO PENA, Index No.: 802715/23E Plaintiff, OMNIBUS DISCOVERY -against- DEMANDS 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC, Defendants. -----------------------------------------------------------------------X TO: ALL PARTIES PLEASE TAKE NOTICE, that the below-named defendants hereby demands that you furnish within twenty (20) days after service of this notice, the following: STATEMENTS 1. Pursuant to CPLR §3101(e), of the defendants the agents, servants or employees of said defendants, including any oral, stenographic or written statements, whether signed or unsigned, or a notice or letter stating that you have no such statements. MEDICAL INFORMATION 2. Pursuant to CPLR §3101 and Hoenig v. Westphal, 52 N.Y.2d 605, a list of all examining and treating physicians, and copies of all existing (and future) reports of all physicians, including consultants and specialists, who have attended, treated or examined the plaintiffs in connection with the injuries for which recovery is sought. These shall include substantially the injuries and conditions to be testified at 10 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 trial with reference to medical history, prescribed treatment, diagnostic techniques, diagnosis, prognosis and all laboratory and x-ray reports intended to be offered at trial. WITNESSES 3. Pursuant to CPLR §3101 and Zellman v. Metropolitan Transportation Authority, 40 A.D.2d 248 and O’Connor v. Larson, 74 A.D.2d 734, the names and addresses of each and every person claims by any party you represent to be a witness: a. before, during and after the occurrence alleged in the complaint; b. to any acts, omissions or condition which allegedly caused the occurrence alleged in the complaint; c. to any actual notice allegedly given to the defendant or any employee of the defendant of any condition which allegedly caused the occurrence alleged in the complaint; d. to the nature and duration of any alleged defect or condition which allegedly caused the occurrence alleged in the complaint; e. to any injuries, disability or reduced earning capacity of the plaintiff (whether the witness be lay or expert); f. any other element reflecting on liability or damages; and g. to any admissions allegedly made by the defendant. PHOTOGRAPHS 4. Pursuant to CPLR §3101(j) and Reese v. Long Island Railroad, 46 Misc.2d 5, 24 A.D.2d 581, all photographs, moving pictures, slides, videotapes and/or films which depict: a. the scene of the occurrence alleged in the complaint; b. the scene of the occurrence alleged in the complaint immediately prior to the occurrence; c. the scene of the occurrence alleged in the complaint after the occurrence; d. the occurrence alleged in the complaint; e. any condition which caused or contributed to the occurrence alleged in the complaint; f. the instrumentality involved in the occurrence; and 11 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 g. the injuries allegedly sustained by the plaintiff. 5. Any and all photographs in their original file format (ie. jpeg", .tiff or RAW files with its metadata intact) of the scene of the occurrence and/or property involved in the incident alleged in the complaint, and of any alleged injuries. If no such photographs are in the possession, custody or control of any parties you represent in this action, so state in a sworn reply to this demand. WRITTEN REPORTS 6. Pursuant to CPLR §3101(a), all written reports concerning the incident which is the subject of this litigation made in the usual course of business by any person or entity. Set forth a copy of each and every contract, agreement, letter and memo between plaintiff and any defendant. EXPERT WITNESSES 7. Pursuant to CPLR §3101(d), the identity of each person whom you expect to call as an expert witness at the trial of the above-captioned action. As to each person identified, specify: a. the name and qualification of the expert; b. the subject matter upon which the expert is expected to testify; c. the substance of the facts and opinions on which the expert is expected to testify; and d. the grounds for each expert’s opinion. COLLATERAL SOURCES 8. Pursuant to CPLR §4545, the following information on collateral sources: a. If the plaintiff seeks to recover damages for the cost of medical care, dental care, custodial care, rehabilitation 12 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 services, loss of earnings or other economic loss, identify whether the plaintiff was, 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: (1) disability insurance; (2) credit disability insurance; (3) employer provided sick pay or income continuation plans; (4) disability provisions under qualified or non-qualified retirement plans; (5) welfare benefits; (6) mortgage disability insurance; (7) travel accident insurance; (8) hospital indemnity insurance; (9) medical, dental, surgical, diagnostic, x-ray, laboratory or major medical insurance, including coverage provided by a health maintenance insurer; and (10) Social Security benefits except for benefits received under Title XVIII of the Social Security Act (Health Insurance of the Aged and Disabled). b. For each such collateral source so identified in response to paragraph “a” above, specify: (1) the name of the benefits provider; (2) its address; (3) the policy and/or identification number applicable to the plaintiff’s claim; (4) the amount of benefits received or to be received in the future; (5) the premiums paid by the plaintiff for such benefits for the two-year period immediately preceding the accrual of the action; (6) the projected future cost to the plaintiff of maintaining such benefits. c. Defendants demands that the plaintiff produce the following documents: (1) all contracts or agreements identified in response to items a. and b., supra; (2) all receipts or proofs of payment of premiums or such other financial obligations as may be required by any such agreement for the period of time set forth in items b.; 13 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 (3) all documents reflecting or evidencing the projected future cost to plaintiff of maintaining such benefits and plaintiff’s entitlement to the continued receipt of same; (4) all bills, invoices, statements, receipts, notices, or other documents reflecting the replacement or indemnification by such collateral sources of the costs or expenses for which plaintiffs seek recovery. INSURANCE 9. Copies of any and all applicable insurance policies, both primary and excess or “umbrella”, to which your client is an insured, named or otherwise. ACCIDENT REPORTS 12. Copies of any and all accident reports including police reports and MV-104s. TRANSCRIPTS 13. Copies of any and all transcripts of pre-litigation hearings, General Municipal Law hearings, motor vehicle hearings and/or examinations before trial. PARTIES APPEARING IN ACTION 14. Demand is hereby made that plaintiff provide the names and addresses of all attorneys who have appeared in this action together with the name of the party for whom they have appeared. OTHER ACTIONS 15. The complete title of any other actions or claims which have been commenced in any forum arising out of the allegations set forth in this action, and further set forth copies of all pleadings, demands, notices, responses, discovery and any other papers served therein. 14 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 INCOME TAX RETURNS 16. Copies of Federal and State income tax returns for three years prior and two years subsequent to the occurrence complained of, if a claim is being made for lost wages. PLEASE TAKE FURTHER NOTICE, that the above demands shall be deemed to continue through the pendency of this action, including the trial thereof. PLEASE TAKE FURTHER NOTICE, that medical testimony pertaining to diagnosis, treatment, disability and/or permanency will be objected to at trial unless clearly, plainly and substantially set forth in such material required. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with any of these demands, a motion will be made to compel compliance and/or to preclude the introduction into evidence of any documents or the testimony of any witnesses not disclosed pursuant to these demands and/or to strike the pleadings, together with the costs of any such motion(s). Dated: New York, New York April 3, 2023 Yours etc. CARTAFALSA, TURPIN & LENOFF By: ____________________________ GAIL P. PARISER Attorneys for Defendants 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC 4 World Trade Center 150 Greenwich Street, 52nd Floor New York, New York 10007 (212) 225-7700 File No.: 495859 15 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 TO: LAW OFFICES OF NATALIYA BORUSHCHAK, P.C. Attorneys for Plaintiff 2357 Coney Island Avenue 2nd Floor Brooklyn, NY 11223 (347) 462-3430 nb@nblawteam.com 16 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -----------------------------------------------------------------------X DOMINGO ROSARIO PENA, Index No.: 802715/23E Plaintiff, COMBINED DEMANDS WITH -against- NOTICE TO TAKE DEPOSITION: 47-00 NORTHERN BOULEVARD LLC, KRINOS REALTY CORP., KRINOS REALTY LLC, KRINOS HOLDINGS, INC. and KRINOS FOODS LLC, Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the C.P.L.R. you are hereby required to produce and permit discovery by the below named defendant(s) of the items listed below. PLEASE TAKE FURTHER NOTICE, that you are hereby required to produce and permit discovery of the items listed below by serving same upon the attorneys for the defendant(s) herein, at their offices located at 4 World Trade Center – 52nd Floor, New York, New York 10007 on or before the 3rd day of May, 2023. DEMAND FOR MEDICAL INFORMATION AND REPORTS: PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3121, the plaintiff is required to serve within twenty (20) days after receipt of this notice upon the undersigned and upon all other parties to this action, the following: 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff's or plaintiff's decedent 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. Duly executed and acknowledged, HIPPA compliant, written authorizations directed to any hospital, clinic or other health care facility in which the injured plaintiff's or plaintiff's decedent herein is or was treated or confined due to the occurrence set forth in 17 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 the complaint so as to permit the securing of a copy of the entire hospital record or records including x-rays and technicians' reports. Said authorizations should include the language that the authorization does not expire until the “end of this litigation”. 3. Duly executed and acknowledged, HIPAA compliant, written authorizations to allow the defendant, to obtain the completed official medical records relating to plaintiff or plaintiff's decedent of each health care provider identified in (1) above. Said authorizations should include the language that the authorization does not expire until the “end of this litigation”. 4. Copies of all medical reports received from health care providers identified in (1) above. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-rays and technicians' reports which will be offered at the trial. 5. Duly executed and acknowledged written authorizations to allow defendant to obtain complete pharmacy or drug store records with respect to any drugs prescribed for plaintiff's or plaintiff's decedent from one (1) year prior to the occurrence described in the complaint to the present date. 6. Duly executed and acknowledged written authorizations (containing full names & addresses of all doctors/hospitals) and fully compliant with HIPAA regulations permitting the attorneys for this defendant to obtain and make copies of any and all records from any video conference/telemedicine appointment/contacts for any treating physicians during the COVID-19 lockdown or since the outbreak of the corona virus. 7. Any records, including but not limited to electronic records, in the plaintiff’s possession from any video conference/telemedicine appointments/contacts for any treating physician during the COVID-19 lockdown or since the outbreak of the corona virus. PLEASE TAKE FURTHER NOTICE, that all authorizations should allow for this office to obtain the “entire medical records, including patient histories, in-take forms, office notes, test results, radiology studies, films, referrals, consults, billing records, insurance records and records from other health care providers”. Upon your failure to comply herewith, the plaintiff herein will be precluded at the trial of this action from offering any evidence of the conditions described in the reports or 18 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 records demanded or offering in evidence any part of the hospital records, medical records, x-ray reports or reports of other technicians not made available pursuant to this Rule, nor will the Court hear the testimony of any physicians whose medical reports have not been served pursuant to the aforesaid demand. DEMAND FOR PRODUCTION AS TO PRIOR & SUBSEQUENT RELATED INJURIES AND CONDITIONS: PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3121, the plaintiff is required to serve within twenty (20) days after receipt of this notice upon the undersigned and upon all other parties to this action, the following: (1) If plaintiff has suffered from any preexisting condition or prior injury to any portions of his/her body allegedly injured in this action, then with respect to any such preexisting condition or prior injury, state the portion of the body involved and provide the following: A. PRODUCE HIPAA-compliant authorizations to enable the undersigned to obtain the records of each hospital, institution, or clinic where plaintiff was confined or treated as a result of the preexisting or prior injury described above. B. PRODUCE HIPAA-compliant authorizations to enable the undersigned to obtain the complete office records, x-rays, CAT scans, MRI films, etc., of any and all doctors or therapists who treated, examined, or saw plaintiff herein for the preexisting or prior injury described above. C. PRODUCE HIPAA-compliant authorizations to enable the undersigned to obtain a complete copy of the no-fault file, workers’ compensation file, or other applicable insurance file for any claims made as a result of the preexisting or prior injury described above. D. PRODUCE copies of any police, accident, or occurrence reports regarding any incident that caused, gave rise to, precipitated, or otherwise led to the development of any and all preexisting or prior injuries as described above. E. STATE the captions, venues, and index numbers of any action brought as a result of sustaining the preexisting or prior injuries described above, and PRODUCE the following litigation documents: i. The summons and complaint and any amended or supplemental summons and complaint exchanged in the prior litigation. ii. The bill of particulars and any amended or supplemental bill of particulars exchanged in the prior litigation. 19 of 41 FILED: BRONX COUNTY CLERK 04/03/2023 04:01 PM INDEX NO. 802715/2023E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/03/2023 iii. Copies of all medical reports exchanged in the prior litigation. iv. Copies of all depositions or other recorded testimony of plaintiff herein from the prior litigation; and, v. Copies of any general releases or judgments in the litigation. (2) If plaintiff has sustained any subsequent injuries to any portion of his/her body being claimed as injured in this action, state the portion of the body involved and provide the following: A. PRODUCE HIPAA-compliant authorizations to enable the undersigned to obtain the records of each hospital, institution, or clinic where plaintiff was confined or treated as a result of the subsequent injuries described above. B. PRODUCE HIPAA-compliant authorizations to enable the undersigned to obtain the complete office records, x-rays, CAT scans, MRI films, etc., of any and all doctors or therapists who treated, examined, or saw plaintiff herein for the subsequent injuries described above. C. PRODUCE HIPAA-compliant authorizations to enable the undersigned to obtain a complete copy of the no-fault file, workers’ compensation file, or other applicable insurance file for any claims made as a result of the subsequent injuries described above. D. PRODUCE copies of any police, accident, or occurrence reports regarding any incident that caused, gave rise to, precipitated, or otherwise led to the development of any and all subsequent injuries described above. E. STATE the captions, venues, and index numbers of any action brought as a result of sustaini