Preview
FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
NAMES AND
-against- ADDRESSES
OF WITNESSES
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendant, Signature Elevator
Maintenance Inc., by its attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., demand that
all parties set forth, in writing and under oath, within thirty (30) days of services of this demand the
following:
The names and addresses of each person claimed to be a witness to:
the occurrence(s) and condition(s) complained of in the Verified Complaint;
any acts, omissions, defects or conditions which allegedly caused the injuries and/or
damages alleged in the Verified Complaint; and
any actual or constructive notice allegedly given of any condition which allegedly caused
the occurrence(s) and condition(s) complained of in the Verified Complaint, and the date
and manner thereof; and if in writing, supply a copy thereof.
PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known, so state in the
reply to this demand.
PLEASE TAKE FURTHER NOTICE, that the undersigned will object at the time of trial of
this action to the testimony of any witnesses not so identified.
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Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155048241.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
EXPERTS
-against-
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d) and 3120(a), all parties are hereby
required to furnish the attorneys for defendant Signature Elevator Maintenance Inc. (“Signature”),
discovery as to each person whom they expect to call as an expert regarding the following. This is an
ongoing demand.
1. State the name and address of every expert retained or employed by you in anticipation
of this litigation or preparation for trial whom you expect to call as a witness at the trial.
a. the subject matter on which the expert is expected to testify;
b. the substance of the facts and opinions to which the expert is expected to testify;
c. a summary of the grounds for each such opinion;
d. a brief chronological resume of the witness’ educational background and professional
background, including the associations or societies of which the expert is a member;
and
e. whether each named expert will testify as an expert at the trial of this case.
2. With respect to any and all proposed expert witnesses, indicate:
a. the area of expertise;
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b. educational background, including the names and addresses of each school attended;
c. societies which each said expert is a member of and the date of each membership;
d. with regard to any information secured from any test, publication, graph, chart or
study other than as already designated above upon which the expert relied in reaching
his or her conclusions, describe or designate such publication or matter in writing
with sufficient specificity to permit its identification and location by defendant
Signature;
e. in detail state precisely the manner in which the person reached his or her
conclusions, showing the mathematical calculations involved; and
f. with regard to any report, memoranda, or any other matter in writing showing in
whole or in part the expert’s conclusions or the facts upon which such conclusions
were based, state the date of such writing and the names and addresses of person(s)
having copies of it.
3. State the names, addresses and qualifications of all expert witnesses and other persons
known to you to have made studies or analyses as to the subject herein.
PLEASE TAKE FURTHER NOTICE, that upon any party’s failure to comply with this
demand, the party will be precluded upon the trial of the within action from offering in evidence or
testifying as to any of the expert information demanded herein.
Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
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TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155048799.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
PARTY STATEMENTS
-against-
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120(a), all parties are required
to produce and permit discovery, inspection and photocopying by defendant Signature Elevator
Maintenance Inc. (“Signature”), or its attorneys acting in its behalf, of the following:
Any and all statements, written or oral, made by or taken from the parties represented by the
undersigned, their agents, employees and/or servants, now in your possession, custody or control or that
of the party you represent in this action, if such statement in any manner bears on the issues of this
action.
PLEASE TAKE FURTHER NOTICE, that the above discovery is to be produced within thirty
(30) days of the date herein at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C.,
175 Pinelawn Road, Suite 250, Melville, NY 11747.
PLEASE TAKE FURTHER NOTICE, that defendant Signature will object at the time of trial
of this action to any evidence set forth in the above documents which are not produced for discovery.
Dated: Melville, New York
July 26, 2023
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Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155050096.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR ACCIDENT/
INCIDENT REPORTS
-against-
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101 and §3120(a), all parties are hereby
required to produce and permit discovery, inspection and copying of the following:
1. Any and all written incident reports, accident reports and police reports prepared
regarding any alleged incident, defect and condition alleged in the Complaint.
PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and that if any party
obtains any of the information demanded herein subsequent to the service of this notice, then said
information is to be furnished to defendant Signature Elevator Maintenance Inc. whenever obtained, and
defendant will object at the time of trial to the offering into evidence of any of the information which
has been demanded herein and not produced.
PLEASE TAKE FURTHER NOTICE, that if any party has no such information demanded,
then so state in a sworn reply to this demand.
PLEASE TAKE FURTHER NOTICE, that said information is to be produced to Marshall,
Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, NY 11747
within thirty (30) days of service of this demand.
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Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155050429.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
INSURANCE INFORMATION
-against-
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that demand is hereby made upon all parties, pursuant to CPLR
§3101, to produce and permit by defendant, Signature Elevator Maintenance Inc. (“Signature”), or the
undersigned attorneys for said defendant, to inspect and copy the contents of:
1. Each and every insurance agreement obtained by or on behalf of any party herein which
were in effect at the time of the alleged incident.
2. Each and every primary, contributing and excess insurance agreement under which any
person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be
entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment.
3. Each and every insurance agreement in which the insurer is obligated to defend this
action.
4. All general liability policies and professional liability policies, including all amendments
and endorsements thereto, all certificates and other such similar documents wherein defendant is named
as insureds and/or additional insureds.
5. Copies of all disclaimers or reservation of rights letters issued by any insurance carrier
for the parties herein.
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6. Pleadings from any declaratory judgment actions commenced by any party herein
seeking insurance coverage.
PLEASE TAKE FURTHER NOTICE, that said information is to be produced within thirty
(30) days of the date herein at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C.,
175 Pinelawn Road, Suite 250, Melville, NY 11747.
PLEASE TAKE FURTHER NOTICE, that failure to provide this information within thirty
(30) days will result in a motion to preclude.
Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155050597.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
ELECTRONIC
-against- MEDIA ACCESS
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101 et seq., plaintiffs are hereby required
to produce and permit discovery, inspection and copying of the following:
1. Each and every password, passcode, user I.D. and other access key in the possession of
each party with respect to each and every social media website on which each party has established any
account, including such information as may be necessary to access all private or restricted areas.
2. A duly-executed affirmation that the above have not been altered, tampered with,
modified or otherwise subject to deletion from and after the date of the Complaint.
PLEASE TAKE FURTHER NOTICE, that if plaintiffs have no such information demanded,
then so state in a sworn reply to this demand.
PLEASE TAKE FURTHER NOTICE, that failure to provide this information within thirty
(30) days of the date hereof will result in a motion to preclude.
Dated: Melville, New York
July 26, 2023
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Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155050769.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
PHARMACY
-against- RECORDS
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that demand is hereby made upon plaintiffs to:
Serve upon and deliver to the attorneys for Defendant, Signature Elevator Maintenance Inc.,
within thirty (30) days of the date hereof, duly executed and acknowledged written authorizations
permitting the inspection of the records from all pharmacies where plaintiff had prescriptions filled for
medications which plaintiff claims were needed as a result of the alleged accident.
PLEASE TAKE FURTHER NOTICE, that the authorizations must comply with Federal
HIPAA regulations and contain complete and current addresses for each provider.
PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing
demand.
PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this
demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or
testifying as to any of the information demanded herein.
Dated: Melville, New York
July 26, 2023
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Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155050881.v1
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
MEDICAL REPORTS
-against- AND HOSPITAL
AND PHYSICIANS’
22 MERCER NWAP LLC and SIGNATURE ELEVATOR AUTHORIZATIONS
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that demand is hereby made upon plaintiff to:
1. Serve upon and deliver to the attorneys for Defendant, Signature Elevator
Maintenance Inc. (hereinafter “Signature”), within thirty (30) days from the date hereof, copies of the
medical/dental/mental health care reports, actual medical/dental/mental health care records and bills of
those physicians, dentists and mental health professionals who treated or examined the plaintiff. These
shall include, but not be limited to, a detailed recital of the injuries and conditions as to which testimony
will be offered at trial, referring to and identifying those x-rays and technician’s reports which will be
offered at the trial.
2. Serve upon and deliver to the attorneys for Signature, within thirty (30) days of the
date hereof, duly executed and acknowledged written authorizations permitting the inspection of the
records of treating physicians, dentists and mental health professionals, together with a list of the names
and addresses of all treating physicians, dentists and mental health professionals.
3. Serve upon and deliver to the attorneys for Signature, within thirty (30) days of the
date hereof, duly executed and acknowledged written authorizations permitting Signature to obtain and
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make copies of all hospital, dental and mental health clinic records for such institutions at which it is
claimed the plaintiff was treated as a result of the incident(s)/occurrence(s) complained of.
PLEASE TAKE FURTHER NOTICE, that the authorizations must comply with Federal
HIPAA regulations and contain complete and current addresses for each provider.
PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing
demand.
PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this
demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or
testifying as to any of the information demanded herein.
Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155051179.v1
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
EMPLOYMENT/SCHOOL
-against- RECORDS/AUTHORIZATIONS
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101 et seq., plaintiffs are hereby required
to produce and permit discovery, inspection and copying by Defendant, Signature Elevator Maintenance
Inc. (“Signature”), or its attorneys acting in its behalf, of the following:
Duly executed and acknowledged written authorizations permitting Signature to obtain,
examine, inspect and photocopy the plaintiff’s entire employment and/or school records for the time
period of 2018 to present.
PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this
demand, defendant, Signature will move this Court for those sanctions and remedies which are deemed
appropriate under the laws of New York State.
PLEASE TAKE FURTHER NOTICE, that the above authorizations are to be produced at the
offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250,
Melville, New York within thirty (30) days of the date hereof.
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Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155051330.v1
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
COLLATERAL SOURCE
-against- INFORMATION
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that demand is hereby made upon plaintiffs, pursuant to CPLR
§4545(c), to produce and permit the undersigned attorneys to inspect and copy the contents of:
1. Each and every collateral source of payment, including but not limited to, insurance
agreements (except life insurance), Social Security (except those benefits provided under Title XVIII of
the Social Security Act), Worker’s Compensation or employee benefit programs, except such collateral
sources entitled by law to liens against any recovery of the plaintiff, and any other collateral source of
payment for past or future costs or expenses alleged to have been incurred by the plaintiff and for which
recovery is sought in the instant action; and
2. A written statement setting forth any and all such collateral sources and their amounts.
PLEASE TAKE FURTHER NOTICE, that the defendant will object at the time of trial of this
action to any evidence set forth in the above documents which are not produced for discovery.
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PLEASE TAKE FURTHER NOTICE, that said discovery is to be produced within thirty (30)
days of the date herein at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175
Pinelawn Road, Suite 250, Melville, NY 11747.
Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155051464.v1
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
LITIGATION
-against- INFORMATION
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101, et seq., defendant, Signature
Elevator Maintenance Inc., by its attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C.,
hereby demand the following:
1. That plaintiffs, or plaintiffs’ attorneys, or anyone on behalf of plaintiffs or plaintiffs’
attorneys state whether plaintiffs, or plaintiffs’ attorneys, or anyone on behalf of plaintiffs or plaintiffs’
attorneys has entered into an agreement, contract, contingency or loan with a lender, litigation funding
company, litigation lending company, medical funding company or other similar entity, company,
corporation, partnership or person that is engaged in loaning money, advancing money or financially
assisting plaintiffs or plaintiffs’ attorneys in any aspect of this case, whether it be for payment of
medical bills, litigation expenses, witness expenses, lost wages or an advancement against a portion or
all of any potential recovery plaintiffs may receive and if so, produce:
a. The complete name and address of the lender, litigation funding company, litigation
lending company, medical funding company or similar entity as described above;
b. The date on which agreement, advance or loan was made;
c. The amount of such agreement, advance or loan; and
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d. Legible copies of including all information, including documents of any kind provided to
the lender, litigation funding company, litigation lending company, either pursuant to the
request of the litigation funding company, litigation lending company, or voluntarily all
brochures, applications, contracts, agreements, liens, correspondence or other similar
documents received by plaintiffs, completed by plaintiffs, anyone on behalf of plaintiffs
or plaintiffs’ attorneys as part of the process of entering into all agreements, negotiations
and contracts with a lender, litigation funding company, litigation lending company,
medical funding company, or similar entity.
PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this
demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or
testifying as to any of the information demanded herein.
PLEASE TAKE FURTHER NOTICE, that the above discovery is to be produced within thirty
(30) days of the date hereof at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C.,
175 Pinelawn Road, Suite 250, Melville, New York.
Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155051739.v1
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
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YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
LIEN INFORMATION/
-against- MEDICARE INFORMATION
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
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PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendant, Signature Elevator
Maintenance Inc., by its attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., hereby
demands that plaintiffs set forth in writing and under oath the following information, and prior to filing
a Note of Issue, the following collateral source providers/potential lien holders:
(a) Medicare/Medicaid;
(b) Workers Compensation;
(c) Health Insurance;
(d) Disability; and
(e) Health Care Provider.
PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this
demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or
testifying as to any of the information demanded herein.
PLEASE TAKE FURTHER NOTICE, that the above discovery is to be produced within
thirty (30) days of the date hereof at the offices of Marshall, Dennehey, Warner, Coleman & Goggin,
P.C., 175 Pinelawn Road, Suite 250, Melville, New York.
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Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155051844.v1
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
-------------------------------------------------------------------------X
YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
DISABILITY RECORDS/
-against- AUTHORIZATIONS
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that demand is hereby made upon plaintiffs to serve upon and
deliver to the attorneys for defendant, Signature Elevator Maintenance Inc., within thirty (30) days from
the date hereof, the following:
1. Copies of all Social Security disability records concerning the plaintiff;
2. A duly executed and acknowledged written authorization permitting the inspection and
copying of the plaintiff’s disability records (including all payments made to plaintiff) maintained by the
Social Security Administration; and
3. If applicable, the non-privileged portion(s) of the legal file(s) from plaintiff’s Social
Security disability counsel.
PLEASE TAKE FURTHER NOTICE, that the authorization must comply with Federal
HIPAA regulations and contain a complete and current address.
LEGAL/155051975.v1
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PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing
demand.
PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this
demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or
testifying as to any of the information demanded herein.
Dated: Melville, New York
July 26, 2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
LEGAL/155051975.v1
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FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023
NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS ECF CASE
-------------------------------------------------------------------------X
YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023
Plaintiffs, DEMAND FOR
TRIAL AUTHORIZATIONS
-against-
22 MERCER NWAP LLC and SIGNATURE ELEVATOR
MAINTENANCE INC.,
Defendant.
-------------------------------------------------------------------------X
PLEASE TAKE NOTICE, that demand is hereby made upon plaintiff to:
Serve upon and deliver to the attorneys for the defendant Signature Elevator Maintenance Inc.,
duly executed and acknowledged updated written authorizations for the release of all of the plaintiff’s
medical records identified in this action for purposes of issuing trial subpoenas pursuant to CPLR
§3122(a)(2), to be served at the time plaintiff’s Note of Issue is filed.
PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand,
plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as
to any of the information demanded herein.
Dated: Melville, New York
July 26, 2023
LEGAL/155052270.v1
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NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023
Attorneys for Defendant
Signature Elevator Maintenance Inc.
175 Pinelawn Road, Suite 250
Melville, NY 11747
(631) 232-6130
MDWCG File No. 14035.00152
TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE
L
Preview
FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR NAMES AND -against- ADDRESSES OF WITNESSES 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendant, Signature Elevator Maintenance Inc., by its attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., demand that all parties set forth, in writing and under oath, within thirty (30) days of services of this demand the following: The names and addresses of each person claimed to be a witness to: the occurrence(s) and condition(s) complained of in the Verified Complaint; any acts, omissions, defects or conditions which allegedly caused the injuries and/or damages alleged in the Verified Complaint; and any actual or constructive notice allegedly given of any condition which allegedly caused the occurrence(s) and condition(s) complained of in the Verified Complaint, and the date and manner thereof; and if in writing, supply a copy thereof. PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known, so state in the reply to this demand. PLEASE TAKE FURTHER NOTICE, that the undersigned will object at the time of trial of this action to the testimony of any witnesses not so identified. LEGAL/155048241.v1 1 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155048241.v1 2 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR EXPERTS -against- 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d) and 3120(a), all parties are hereby required to furnish the attorneys for defendant Signature Elevator Maintenance Inc. (“Signature”), discovery as to each person whom they expect to call as an expert regarding the following. This is an ongoing demand. 1. State the name and address of every expert retained or employed by you in anticipation of this litigation or preparation for trial whom you expect to call as a witness at the trial. a. the subject matter on which the expert is expected to testify; b. the substance of the facts and opinions to which the expert is expected to testify; c. a summary of the grounds for each such opinion; d. a brief chronological resume of the witness’ educational background and professional background, including the associations or societies of which the expert is a member; and e. whether each named expert will testify as an expert at the trial of this case. 2. With respect to any and all proposed expert witnesses, indicate: a. the area of expertise; LEGAL/155048799.v1 3 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 b. educational background, including the names and addresses of each school attended; c. societies which each said expert is a member of and the date of each membership; d. with regard to any information secured from any test, publication, graph, chart or study other than as already designated above upon which the expert relied in reaching his or her conclusions, describe or designate such publication or matter in writing with sufficient specificity to permit its identification and location by defendant Signature; e. in detail state precisely the manner in which the person reached his or her conclusions, showing the mathematical calculations involved; and f. with regard to any report, memoranda, or any other matter in writing showing in whole or in part the expert’s conclusions or the facts upon which such conclusions were based, state the date of such writing and the names and addresses of person(s) having copies of it. 3. State the names, addresses and qualifications of all expert witnesses and other persons known to you to have made studies or analyses as to the subject herein. PLEASE TAKE FURTHER NOTICE, that upon any party’s failure to comply with this demand, the party will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the expert information demanded herein. Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 LEGAL/155048799.v1 4 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155048799.v1 5 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR PARTY STATEMENTS -against- 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120(a), all parties are required to produce and permit discovery, inspection and photocopying by defendant Signature Elevator Maintenance Inc. (“Signature”), or its attorneys acting in its behalf, of the following: Any and all statements, written or oral, made by or taken from the parties represented by the undersigned, their agents, employees and/or servants, now in your possession, custody or control or that of the party you represent in this action, if such statement in any manner bears on the issues of this action. PLEASE TAKE FURTHER NOTICE, that the above discovery is to be produced within thirty (30) days of the date herein at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, NY 11747. PLEASE TAKE FURTHER NOTICE, that defendant Signature will object at the time of trial of this action to any evidence set forth in the above documents which are not produced for discovery. Dated: Melville, New York July 26, 2023 LEGAL/155050096.v1 6 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155050096.v1 7 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR ACCIDENT/ INCIDENT REPORTS -against- 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101 and §3120(a), all parties are hereby required to produce and permit discovery, inspection and copying of the following: 1. Any and all written incident reports, accident reports and police reports prepared regarding any alleged incident, defect and condition alleged in the Complaint. PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and that if any party obtains any of the information demanded herein subsequent to the service of this notice, then said information is to be furnished to defendant Signature Elevator Maintenance Inc. whenever obtained, and defendant will object at the time of trial to the offering into evidence of any of the information which has been demanded herein and not produced. PLEASE TAKE FURTHER NOTICE, that if any party has no such information demanded, then so state in a sworn reply to this demand. PLEASE TAKE FURTHER NOTICE, that said information is to be produced to Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, NY 11747 within thirty (30) days of service of this demand. LEGAL/155050429.v1 8 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155050429.v1 9 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR INSURANCE INFORMATION -against- 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon all parties, pursuant to CPLR §3101, to produce and permit by defendant, Signature Elevator Maintenance Inc. (“Signature”), or the undersigned attorneys for said defendant, to inspect and copy the contents of: 1. Each and every insurance agreement obtained by or on behalf of any party herein which were in effect at the time of the alleged incident. 2. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment. 3. Each and every insurance agreement in which the insurer is obligated to defend this action. 4. All general liability policies and professional liability policies, including all amendments and endorsements thereto, all certificates and other such similar documents wherein defendant is named as insureds and/or additional insureds. 5. Copies of all disclaimers or reservation of rights letters issued by any insurance carrier for the parties herein. LEGAL/155050597.v1 10 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 6. Pleadings from any declaratory judgment actions commenced by any party herein seeking insurance coverage. PLEASE TAKE FURTHER NOTICE, that said information is to be produced within thirty (30) days of the date herein at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, NY 11747. PLEASE TAKE FURTHER NOTICE, that failure to provide this information within thirty (30) days will result in a motion to preclude. Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155050597.v1 11 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR ELECTRONIC -against- MEDIA ACCESS 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101 et seq., plaintiffs are hereby required to produce and permit discovery, inspection and copying of the following: 1. Each and every password, passcode, user I.D. and other access key in the possession of each party with respect to each and every social media website on which each party has established any account, including such information as may be necessary to access all private or restricted areas. 2. A duly-executed affirmation that the above have not been altered, tampered with, modified or otherwise subject to deletion from and after the date of the Complaint. PLEASE TAKE FURTHER NOTICE, that if plaintiffs have no such information demanded, then so state in a sworn reply to this demand. PLEASE TAKE FURTHER NOTICE, that failure to provide this information within thirty (30) days of the date hereof will result in a motion to preclude. Dated: Melville, New York July 26, 2023 LEGAL/155050769.v1 12 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155050769.v1 13 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR PHARMACY -against- RECORDS 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon plaintiffs to: Serve upon and deliver to the attorneys for Defendant, Signature Elevator Maintenance Inc., within thirty (30) days of the date hereof, duly executed and acknowledged written authorizations permitting the inspection of the records from all pharmacies where plaintiff had prescriptions filled for medications which plaintiff claims were needed as a result of the alleged accident. PLEASE TAKE FURTHER NOTICE, that the authorizations must comply with Federal HIPAA regulations and contain complete and current addresses for each provider. PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing demand. PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as to any of the information demanded herein. Dated: Melville, New York July 26, 2023 LEGAL/155050881.v1 14 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155050881.v1 15 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR MEDICAL REPORTS -against- AND HOSPITAL AND PHYSICIANS’ 22 MERCER NWAP LLC and SIGNATURE ELEVATOR AUTHORIZATIONS MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon plaintiff to: 1. Serve upon and deliver to the attorneys for Defendant, Signature Elevator Maintenance Inc. (hereinafter “Signature”), within thirty (30) days from the date hereof, copies of the medical/dental/mental health care reports, actual medical/dental/mental health care records and bills of those physicians, dentists and mental health professionals who treated or examined the plaintiff. These shall include, but not be limited to, a detailed recital of the injuries and conditions as to which testimony will be offered at trial, referring to and identifying those x-rays and technician’s reports which will be offered at the trial. 2. Serve upon and deliver to the attorneys for Signature, within thirty (30) days of the date hereof, duly executed and acknowledged written authorizations permitting the inspection of the records of treating physicians, dentists and mental health professionals, together with a list of the names and addresses of all treating physicians, dentists and mental health professionals. 3. Serve upon and deliver to the attorneys for Signature, within thirty (30) days of the date hereof, duly executed and acknowledged written authorizations permitting Signature to obtain and LEGAL/155051179.v1 16 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 make copies of all hospital, dental and mental health clinic records for such institutions at which it is claimed the plaintiff was treated as a result of the incident(s)/occurrence(s) complained of. PLEASE TAKE FURTHER NOTICE, that the authorizations must comply with Federal HIPAA regulations and contain complete and current addresses for each provider. PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing demand. PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as to any of the information demanded herein. Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155051179.v1 17 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR EMPLOYMENT/SCHOOL -against- RECORDS/AUTHORIZATIONS 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101 et seq., plaintiffs are hereby required to produce and permit discovery, inspection and copying by Defendant, Signature Elevator Maintenance Inc. (“Signature”), or its attorneys acting in its behalf, of the following: Duly executed and acknowledged written authorizations permitting Signature to obtain, examine, inspect and photocopy the plaintiff’s entire employment and/or school records for the time period of 2018 to present. PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this demand, defendant, Signature will move this Court for those sanctions and remedies which are deemed appropriate under the laws of New York State. PLEASE TAKE FURTHER NOTICE, that the above authorizations are to be produced at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, New York within thirty (30) days of the date hereof. LEGAL/155051330.v1 18 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155051330.v1 19 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR COLLATERAL SOURCE -against- INFORMATION 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon plaintiffs, pursuant to CPLR §4545(c), to produce and permit the undersigned attorneys to inspect and copy the contents of: 1. Each and every collateral source of payment, including but not limited to, insurance agreements (except life insurance), Social Security (except those benefits provided under Title XVIII of the Social Security Act), Worker’s Compensation or employee benefit programs, except such collateral sources entitled by law to liens against any recovery of the plaintiff, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the plaintiff and for which recovery is sought in the instant action; and 2. A written statement setting forth any and all such collateral sources and their amounts. PLEASE TAKE FURTHER NOTICE, that the defendant will object at the time of trial of this action to any evidence set forth in the above documents which are not produced for discovery. LEGAL/155051464.v1 20 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 PLEASE TAKE FURTHER NOTICE, that said discovery is to be produced within thirty (30) days of the date herein at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, NY 11747. Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155051464.v1 21 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR LITIGATION -against- INFORMATION 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101, et seq., defendant, Signature Elevator Maintenance Inc., by its attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., hereby demand the following: 1. That plaintiffs, or plaintiffs’ attorneys, or anyone on behalf of plaintiffs or plaintiffs’ attorneys state whether plaintiffs, or plaintiffs’ attorneys, or anyone on behalf of plaintiffs or plaintiffs’ attorneys has entered into an agreement, contract, contingency or loan with a lender, litigation funding company, litigation lending company, medical funding company or other similar entity, company, corporation, partnership or person that is engaged in loaning money, advancing money or financially assisting plaintiffs or plaintiffs’ attorneys in any aspect of this case, whether it be for payment of medical bills, litigation expenses, witness expenses, lost wages or an advancement against a portion or all of any potential recovery plaintiffs may receive and if so, produce: a. The complete name and address of the lender, litigation funding company, litigation lending company, medical funding company or similar entity as described above; b. The date on which agreement, advance or loan was made; c. The amount of such agreement, advance or loan; and LEGAL/155051739.v1 22 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 d. Legible copies of including all information, including documents of any kind provided to the lender, litigation funding company, litigation lending company, either pursuant to the request of the litigation funding company, litigation lending company, or voluntarily all brochures, applications, contracts, agreements, liens, correspondence or other similar documents received by plaintiffs, completed by plaintiffs, anyone on behalf of plaintiffs or plaintiffs’ attorneys as part of the process of entering into all agreements, negotiations and contracts with a lender, litigation funding company, litigation lending company, medical funding company, or similar entity. PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as to any of the information demanded herein. PLEASE TAKE FURTHER NOTICE, that the above discovery is to be produced within thirty (30) days of the date hereof at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, New York. Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155051739.v1 23 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR LIEN INFORMATION/ -against- MEDICARE INFORMATION 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendant, Signature Elevator Maintenance Inc., by its attorneys Marshall, Dennehey, Warner, Coleman & Goggin, P.C., hereby demands that plaintiffs set forth in writing and under oath the following information, and prior to filing a Note of Issue, the following collateral source providers/potential lien holders: (a) Medicare/Medicaid; (b) Workers Compensation; (c) Health Insurance; (d) Disability; and (e) Health Care Provider. PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as to any of the information demanded herein. PLEASE TAKE FURTHER NOTICE, that the above discovery is to be produced within thirty (30) days of the date hereof at the offices of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., 175 Pinelawn Road, Suite 250, Melville, New York. LEGAL/155051844.v1 24 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155051844.v1 25 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR DISABILITY RECORDS/ -against- AUTHORIZATIONS 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon plaintiffs to serve upon and deliver to the attorneys for defendant, Signature Elevator Maintenance Inc., within thirty (30) days from the date hereof, the following: 1. Copies of all Social Security disability records concerning the plaintiff; 2. A duly executed and acknowledged written authorization permitting the inspection and copying of the plaintiff’s disability records (including all payments made to plaintiff) maintained by the Social Security Administration; and 3. If applicable, the non-privileged portion(s) of the legal file(s) from plaintiff’s Social Security disability counsel. PLEASE TAKE FURTHER NOTICE, that the authorization must comply with Federal HIPAA regulations and contain a complete and current address. LEGAL/155051975.v1 26 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 PLEASE TAKE FURTHER NOTICE, that the foregoing is to be considered a continuing demand. PLEASE TAKE FURTHER NOTICE, that upon plaintiffs’ failure to comply with this demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as to any of the information demanded herein. Dated: Melville, New York July 26, 2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE LEGAL/155051975.v1 27 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ECF CASE -------------------------------------------------------------------------X YEHUDA SCHWIMMER and PEARL SCHWIMMER, Index No. 505722/2023 Plaintiffs, DEMAND FOR TRIAL AUTHORIZATIONS -against- 22 MERCER NWAP LLC and SIGNATURE ELEVATOR MAINTENANCE INC., Defendant. -------------------------------------------------------------------------X PLEASE TAKE NOTICE, that demand is hereby made upon plaintiff to: Serve upon and deliver to the attorneys for the defendant Signature Elevator Maintenance Inc., duly executed and acknowledged updated written authorizations for the release of all of the plaintiff’s medical records identified in this action for purposes of issuing trial subpoenas pursuant to CPLR §3122(a)(2), to be served at the time plaintiff’s Note of Issue is filed. PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this demand, plaintiffs will be precluded upon the trial of the within action from offering into evidence or testifying as to any of the information demanded herein. Dated: Melville, New York July 26, 2023 LEGAL/155052270.v1 28 of 62 FILED: KINGS COUNTY CLERK 07/26/2023 10:56 AM INDEX NO. 505722/2023 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 07/26/2023 Attorneys for Defendant Signature Elevator Maintenance Inc. 175 Pinelawn Road, Suite 250 Melville, NY 11747 (631) 232-6130 MDWCG File No. 14035.00152 TO: ALL ATTORNEYS APPEARING ON THE NYSCEF WEBSITE L