Answer: Guo Ying Jiang v. Christina Reep, Michael Rodriguez, Mildred Josefson, The City Of New York

On March 10, 2023 a Answer was filed involving a dispute between Guo Ying Jiang, and Christina Reep, Michael Rodriguez, Mildred Josefson, The City Of New York, for Torts - Motor Vehicle in the District Court of Richmond County.

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FILED: RICHMOND COUNTY CLERK 04/04/2023 03:16 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 04/04/2023

The City of New York
HON. SYLVIA O. HINDS-RADIX LAW DEPARTMENT
Corporation Counsel 100 CHURCH STREET
NEW YORK, NEW YORK 10007

Dear Counsel:

If you would like to have this case considered for possible early settlement by the
Early Intervention Unit of the Tort Division, the following items (as applicable) should be
forwarded to the attention of Olivia Lam via email to olam@law.nyc.gov.

IN ALL CASES COPIES OF THE FOLLOWING ITEMS MUST BE PROVIDED:
1. Notice of Claim and Filed Summons & Complaint.
2. Aided Card, if prepared.
3. UF18 - City Involved Accident Report, if prepared.
4. All medical and hospital records, including ambulance call report, first treatment, full
emergency room record, operative and radiology reports, treating physician(s) reports,
physical therapy records, etc.
5. Photographs (duplicates, color or laser copies preferred) of the location and of injuries, if
scarring is claimed.
6. Proof of any special damages claimed.
7. Any other item(s) that you believe pertinent to an early resolution of your case.
8. Social Security number and any other Medicare information – see attached notice
ALLEGED TRIP AND FALL ON A SIDEWALK OR ROADWAY
1. Most recently dated Big Apple map.
2. Any other documents that the plaintiff will rely upon to prove prior written notice.
MOTOR VEHICLE ACCIDENT CASES
1. Police Accident Report.
2. Agency incident/accident report, if prepared.
3. Repair bills and/or estimates.
4. If the accident involves traffic light or stop sign, any documentation that the plaintiff will
rely upon to prove notice.
ALLEGED PREMISES LIABILITY
1. Copies of any documents that plaintiff will rely on to establish ownership of the premises.
2. Prior complaints.
3. Accident/incident reports.
DEPARTMENT OF EDUCATION CASES

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1. Accident and/or incident report and attachments, if any.
2. Custodian reports.
3. Teacher(s) statements/reports.
4. Witness statements.
ALLEGED POLICE MISCONDUCT
1. Any police reports in your possession.
2. Arrest Report, Complaint report, follow-up reports and photographs.
3. Certified copy of the disposition of any criminal proceedings.
4. If entitlement to reimbursement of legal fees is claimed, copies of any bills incurred.
ALLEGED PROPERTY DAMAGE
1. Photographs (duplicates, color or laser copies preferred) depicting the items alleged to have
been damaged, prior and subsequent to the damage.
2. Original purchase receipts, cancelled checks, and/or charge slips for the items alleged to
have been damaged.
3. Appraisals, warranties, etc.
4. Copies of any insurance agreements pertaining to property damages and/or loss.

Please be advised that all of the above materials must be sent in order to have your case considered
for possible early settlement - incomplete cases cannot be considered. Within 30 days after receipt
of the above materials via email, you will be contacted to discuss the case further. Counsel
appearing at the conference must have settlement authority and be prepared to establish liability
and damages. If you have any questions, you may contact Nancy A. Goldbach directly by email to
ngoldbac@law.nyc.gov.

Very truly yours,

Nancy A. Goldbach

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The City of New York
LAW DEPARTMENT
Office of the Corporation Counsel medicare@law.nyc.gov
Tort Division
HON. SYLVIA O. HINDS-RADIX Medicare Compliance and Recovery Unit
Corporation Counsel 100 Church Street, 4th Floor
New York, NY 10007-2668

April 4, 2023

JAMES LO, ESQ., PC
817 60th Street Floor 3
Brooklyn NY - NY 11220-4309

Re: GUO YING JIANG v. CHRISTINA REEP,
MICHAEL RODRIGEZ, MILDRED
JOSEFSON and THE CITY OF NEW YORK
Law Dept. File No: 2023-024562

Dear Counselor:

We write to request that you provide us with certain personal identifying information
about each plaintiff you represent in this lawsuit in order for us to determine whether they are a
Medicare recipient(s). Specifically, we need each plaintiff’s date of birth, gender, and Social
Security number or Health Insurance Claim Number (HICN), also known as the Medicare
number. This information will be used by the Law Department to obtain plaintiff’s Medicare
status via a database established by the Centers for Medicare & Medicaid Services ("CMS") for
this purpose.1
Information about a plaintiff’s Medicare status is required by the City in order to comply
with federal Medicare laws. Self-insured liability entities (such as the City of New York) are
considered “primary plans” under the Medicare laws and are, therefore, required to report to
CMS all monetary recoveries obtained by Medicare-eligible plaintiffs in personal injury lawsuits.
See Medicare Secondary Payer Act (MSPA) 42 U.S.C. 1395y(b)(8)(A)(i); Seger v. Tank
Connection, LLC, 2010 U.S. Dist. LEXIS 49013 (D. Neb. Apr. 22, 2010) ) (“the Extension Act

1
CMS has developed a "query process" under which a responsible reporting entity (RRE) (such as the City in this
case) can determine a claimant's Medicare status electronically, as long as the RRE has access to the claimant's
name, date of birth, gender and social security number. Seger v. Tank Connection, LLC, 2010 U.S. Dist. LEXIS
49013 at *13 (D. Neb. Apr. 22, 2010).

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adds new mandatory reporting obligations to the Medicare Secondary Payer Act ("MSPA")
requiring . . . self-insurers to provide detailed information regarding all liability settlements or
open claims with ongoing responsibility for medical treatment with Medicare beneficiaries to the
Centers for Medicare and Medicaid Services ("CMS")”). Torres v Visto Realty Corp., 2015 N.Y.
App. Div. LEXIS 3216, 1-2 (1st Dep't 2015) (“plaintiff did not satisfy his obligations under
CPLR 5003-a, since he failed to provide defendant with the information relating to his Medicare
status that defendant requires to comply with its reporting obligations under 42 USC § 1395y”)
(citations omitted); Bey v. City of New York, 2013 U.S. Dist. LEXIS 15597, at *5-6 (E.D.N.Y.
Feb. 5, 2013) (same.). Thus, the City needs to ascertain plaintiff’s Medicare status for the
purposes of satisfying its reporting obligations.
Additionally, the City also requires the personal identifying information to resolve any
outstanding Medicare claims before issuing payment on settlements. See MSPA, 42 U.S.C.
1395y(b)(2)(B)(ii) (“a primary plan’s responsibility for such payment may be demonstrated by a
judgment [or settlement] . . . for items or services included in a claim against the primary plan . .
. .”); see also Torres v. Hirsch Park, LLC, 91 AD.3d 942 (2nd Dep’t 2012) (“the authorizations
that the Supreme Court directed the plaintiff to provide are necessary for the defendant to
comply with its statutory duty to report the identity of a claimant who is entitled to Medicare
benefits (see 42 USC 1395y[b][8]) and to determine the existence of potential subrogation claims
[under federal law]”) (citations omitted); Liss v. Brigham Park Coop Apts., 264 A.D.2d 717 (2d
Dep’t 1999) (because the Federal government has a right of action directly against the defendant
for recovery of its lien, it was “incumbent upon plaintiff to resolve the lien and give the
defendant a release.”)
Indeed, the responsibility of assuring reimbursement of Medicare claims extends to all
entities involved in the underlying liability action, including the plaintiff’s counsel. CFR §
411.24(g); United States v. Harris, 2009 U.S. Dist. LEXIS 23956 (N.D. W. Va. Mar. 26, 2009)
(holding that plaintiff’s attorney is liable to Medicare for unpaid liens because he disbursed
settlement funds in a liability case to his client without first reimbursing Medicare for its claims).
Thus, it is to all parties’ benefit to ascertain a plaintiff’s Medicare status as early as possible so as
to resolve any existing Medicare claims and facilitate payment of settlements.
In view of the foregoing, we ask that you promptly submit to us the requested
information. If you know for a fact that your client presently receives Medicare, you should
immediately (1) notify Medicare of the pending lawsuit; 2 (2) provide the Law Department with
plaintiff’s Medicare identification number and/or social security number; (3) obtain conditional
and final payment information from Medicare and (4) provide copies of any correspondences to

2 If you have never notified Medicare about this injury claim before, the first step is to report the injury to the
Benefits Coordination & Recovery Contractor (BCRC) at P.O. Box 138897, Oklahoma City, OK 73113-8897, or by
telephone at 1-855-798-2627. A case identifier will be established, and you will then receive a correspondence
from the BCRC concerning any conditional payments made by Medicare on your client’s behalf for the injuries
underlying this case. BCRC is the agency that will issue final demand letters on amounts due Medicare. More
detailed information concerning the foregoing procedures can be found at http://go.cms.gov/cobro by clicking on
the links to the left of the screen entitled 'Non-Group Health Plan Recovery' and 'Reimbursing Medicare'. There is
also a portal on this website, the Medicare Secondary Payer Recovery Portal (MSPRP) that allows registered users
to access and update certain case-specific information online, including an electronic conditional payment letter.
Please visit the website for information as how to register for this service.

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the City. If future medical care for plaintiff is anticipated, you may also need to consider a
Medicare set-aside instrument for payment of future medical costs; 3
If plaintiff was insured under a Medicare Advantage Plan (“MAP”) under Part C of the
Medicare Act at any time after the incident at issue here, plaintiff should notify the City about
the MAP coverage, and also inform the MAP(s) of this lawsuit. Recent New York decisions
have held that a MAP provider can pursue recovery of its reimbursement and/or subrogation
claims in the same manner as traditional Medicare. See Potts v. Rawlings Co., LLC, 897 F.
Supp. 2d 185 (S.D.N.Y. 2012); Trezza v Trezza, 104 A.D.3d 37, 48 (2d Dep't 2012)
(“Based on the express preemption provision set forth in 42 USC § 1395w-26(b)(3), as well as
the regulations set forth in 42 CFR 422.108(f), we hold that General Obligations Law § 5-335,
insofar as applied to Medicare Advantage organizations under Part C, is preempted by federal
law since it would impermissibly constrain contractual reimbursement rights authorized under
the "Organization as secondary payer" provisions of the Medicare Act.”). Moreover, several
federal courts have ruled that a MAP provider can also bring a federal action to collect on its
liens under 42 U.S.C. § 1395y(b)(3)(A) - and can seek double damages thereunder. See In re
Avandia Mktg., 685 F.3d 353, 360 (3d Cir. Pa. 2012); Collins v. Wellcare Healthcare Plans, Inc.,
2014 U.S. Dist. LEXIS 174420 (E.D. La. Dec. 16, 2014). The City, therefore, will require
resolution of any Medicare-related claims as a condition to any settlement in this matter,
regardless whether the claims are asserted by the government under a traditional Medicare plan
or by a MAP under a Medicare Part C.
Thank you for your attention to the foregoing. Should you have any questions, feel free
to contact the City’s Medicare Compliance Unit at medicare@law.nyc.gov.

PLEASE BE ADVISED THAT WE CANNOT FINALIZE ANY SETTLEMENT
WITH A CURRENT MEDICARE RECIPIENT WITHOUT FIRST RESOLVING
MEDICARE’S CLAIM.
Very truly yours,

Medicare Compliance Officer

Encl.

3
You should be aware that if CMS determines that Medicare's future interests were not adequately protected, CMS
may require that plaintiff expend up to the entire amount of the settlement on Medicare-covered expenses related to
the injury claimed in this lawsuit before Medicare will provide coverage for the further treatment of such injury. See
Cribb v. Sulzer Metco (US) Inc., 2012 U.S. Dist. LEXIS 134900 (E.D.N.C. Sept. 5, 2012); Sipler v. Trans Am
Trucking, Inc., 881 F. Supp. 2d 635, 638 (D.N.J. 2012). Accordingly, we suggest that plaintiff evaluate her future
medical needs with her physicians and consider creating a Medicare set-aside instrument at the appropriate time.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
----------------------------------------------------------------- x

GUO YING JIANG,
ANSWER
Plaintiff(s),

-against- Index #: 150465/2023

CHRISTINA REEP, MICHAEL RODRIGEZ, MILDRED Law Dept. #: 2023-024562
JOSEFSON AND THE CITY OF NEW YORK,

Defendant(s).

----------------------------------------------------------------- x

Defendant THE CITY OF NEW YORK, by HON. SYLVIA O. HINDS-RADIX,

Corporation Counsel, answering the complaint, allege upon information and belief:

1. Deny each allegation set forth in paragraph(s) 32-35, 42-49, inclusive.

2. Deny knowledge or information sufficient to form a belief with respect to

the truth of the allegations set forth in paragraph(s) 1, 39, 41, inclusive.

3. Deny the allegations set forth in paragraph(s) 7-12, inclusive, except that

a notice of a claim was presented, that more than thirty days have elapsed without adjustment

thereof.

4. Deny each allegation set forth in paragraph(s) 21-31, 40, inclusive, except

that with respect to those portions of the street(s), sidewalks and appurtenances referred to in the

complaint which were or may have been owned by the City of New York, defendant(s) had such

duties as were imposed by law.

5. Deny each allegation set forth in paragraph(s) 5-6, inclusive, except that

the City of New York is a municipal corporation.

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6. Deny each allegation set forth in paragraph(s) 2-4, 13-20, 36-38, inclusive,

so far as the same may refer to the defendant(s) answering hereby.

AFFIRMATIVE DEFENSE(S)

7. Plaintiff(s)’ culpable conduct caused or contributed, in whole or in part, to

his/her/their injuries and or damages.

8. At all times mentioned in the complaint, plaintiff(s) knew or should have

known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the

activity alleged. Plaintiff(s) voluntarily performed and engaged in the alleged activity and

assumed the risk of the injuries and/or damages claimed. Plaintiff(s) failed to use all required,

proper, appropriate and reasonable safety devices and/or equipment and failed to take all proper,

appropriate and reasonable steps to assure his/her/their safety. Plaintiff(s)’ primary assumption

of risk solely caused his/her/their injuries and/or damage and defendant(s) owed no duty to the

plaintiff(s) with respect to the risk assumed. Plaintiff(s)’ express assumption of risk solely

caused his/her/their injuries and/or damage and defendant(s) owed no duty to the plaintiff(s) with

respect to the risk assumed. Plaintiff(s)’ implied assumption of risk caused or contributed, in

whole or in part to his/her/their injuries. In any action for injuries arising from the use of a

vehicle in, or upon which plaintiff(s) were riding; it will be claimed that the injuries and/or

damages sustained were caused by the failure of the plaintiff(s) to use available seat-belts and/or

other safety devices.

9. Defendants are immune from suit for their exercise of discretion in the

performance of a governmental function and/or their exercise of professional judgment.

10. The amounts recoverable by plaintiff(s) are subject to limitation pursuant

to Section 1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other

person(s) who are, or with reasonable diligence could have been made party defendant(s) to this

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action, or pursuant to Section 15-108 of the General Obligations Law, by reason of a prior

settlement between plaintiff(s) and said person(s), or pursuant to Section 4545 of the Civil

Practice Law and Rules are subject to reduction by collateral sources received by plaintiff(s), or

by reason of the fact that punitive damages are not recoverable against municipal defendant(s).

CROSS-CLAIMS

11. Any damages sustained by the plaintiff(s) were caused in whole or in part

by the acts or omissions of defendant(s) CHRISTINA REEP, MICHAEL RODRIGEZ,

MILDRED JOSEFSON, who are or may be liable to the defendant(s) answering hereby for

contribution on the basis of their equitable shares of responsibility, or for indemnity on the basis

of a contract between them, actual or implied.

WHEREFORE, defendant(s) demand judgment dismissing the complaint and all

cross-claims against them, or, in the event that they are adjudged liable, granting judgment over,

or apportioning such liability in accordance with their equitable shares of responsibility, and

awarding the costs of this action, together with such other and further relief as to the court may

seem just.

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
100 Church Street
New York, New York 10007

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Index #: 150465/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND

GUO YING JIANG,

Plaintiff(s),
- against -

CHRISTINA REEP, MICHAEL RODRIGEZ, MILDRED JOSEFSON AND
THE CITY OF NEW YORK,

Defendant(s).

COMBINED DEMAND FOR
BILL OF PARTICULARS & DISCOVERY

HON. SYLVIA O. HINDS-RADIX
Corporation Counsel
Attorney for Defendant THE CITY OF NEW YORK,100 Church Street
New York, New York 10007
Telephone Numbers:

Early Intervention Unit (settlements – all Boroughs)
(212) 356-1665
Pleadings Unit (212) 356-3235 (pleadings matters only)

All Other Matters (Inquire by county of venue)
Bronx Office: (718) 503-5030 (EBT’s - 5045)
Brooklyn Office: (718) 724-5200 (EBT's-5226)
Manhattan Office: (212) 356-2725 (EBT's-2791)
Queens Office: (718) 558-2100 (EBT's - 2105)
Staten Island Office: (718) 876-3600 (EBT's-3603)

Please refer to the following Law Dept. #: 2023-024562

and indicate the County in which the action is pending in all papers,
correspondence and other communications with respect thereto.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND

------------------------------------------------------------------------ x

GUO YING JIANG,
COMBINED DEMAND FOR
Plaintiff(s), VERIFIED BILL OF
PARTICULARS & DISCOVERY
-against-

CHRISTINA REEP, MICHAEL RODRIGEZ, MILDRED
JOSEFSON AND THE CITY OF NEW YORK,

Defendant(s).

------------------------------------------------------------------------ x

DEMAND FOR VERIFIED BILL OF PARTICULARS

PLEASE TAKE NOTICE that pursuant to CPLR 3041, plaintiff(s) is required within 30
days following service of this demand to serve upon HON. SYLVIA O. HINDS-RADIX, Corporation
Counsel, a verified bill of particulars setting forth in reasonable detail a statement of the following:

1. The exact date and time of the act or occurrence.
2. The specific location of the act or occurrence with reference to addresses, landmarks, or
other identifying points of reference, including the direction and distance therefrom. If the occurrence took
place inside a premise, state specifically the location within the premise and also include the block and lot of
the premises.
3. State the injuries claimed, if any.
4. State those injuries claimed to be permanent.
5. If applicable, set forth the length of time it is alleged the plaintiff(s) was confined to:
(a) Hospital(s);
(b) Bed;
(c) House.
6. If applicable, set forth the amount claimed as special damages for:
(a) Physician(s) services;
(b) Nurses services;
(c) Hospital expenses;
(d) Drugs and medical supplies;
(e) X-rays and diagnostic tests.
For each of the foregoing elements of damages please state the name and address(es) of the
provider(s) and the dates of treatment. If any of the foregoing elements of damages have been repaid to the
plaintiff(s) or otherwise paid for by other sources, identify each type of service recompensed, the source or
sources of such recompense, the amount so paid and the net amount of out of pocket expenses sustained by
the plaintiff(s).
7. If applicable, state the total amount of all other special damages not specified in items
above; and please state the
(a) name and address of each service provider;
(b) each date of the service;
(c) amount of the expense for each provider;
(d) amount of any expense paid by a third-party (including any payment made to
reimburse plaintiff);
(e) name and address of the third-party paying any expense; and
(f) amount of any unreimbursed expense paid by plaintiff(s) personally to each
provider.

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8. State the occupation of plaintiff(s) at the time of the incident; and please state the:
(a) name and address of any employer for 5 years prior to alleged incident and up to
the time of trial;
(b) length of time totally disabled from work;
(c) length of time partially disabled from work;
(d) amount claimed for lost earnings, if any;
i. if a loss of earnings claim is alleged, please state the yearly gross earnings for
each year during 5 years prior to alleged incident and up to the time of trial;
and
(e) number of days absent from work as a result of injuries sustained from the
incident.
9. State the (a) name and address of any school attended by plaintiff(s) for 5 years prior to
alleged incident and up to the time of trial; and (b) the number of days lost from school as a result of injuries
sustained from incident.
10. State the home address of plaintiff(s) for a period of 5 years prior to the alleged incident
to the present.
11. State any other name used by plaintiff(s) and the time period when the name was used.
12. State the date of birth and social security number of plaintiff(s) (this request is made
pursuant to Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, 42 U.S.C. §1395
(B)(8)).
13. State whether plaintiff(s) is (are) or ever was (were) a Medicare recipient(s). If plaintiff
is (are) or ever was (were) a Medicare recipient, provide their Medicare Beneficiary Identifier (MBI)
number and respond to the following:.
a. State whether plaintiff(s) is (are) or ever was (were) enrolled in any Medicare
Advantage Plan (MAP) also known as Medicare Part C. If Plaintiff is or was
enrolled in a MAP, please provide the policy/plan number and effective date(s)
of coverage along with copies of any insurance cards since the date of
accident/incident and all Explanation of Benefits (EOB) statements related to the
subject accident/incident;
b. State whether plaintiff (s) is (are) or was (were) enrolled in a Prescription Drug
Plan (PDP) also known as Medicare Part D. If Plaintiff is or was enrolled in a
PDP, please provide the policy/plan number and effective date(s) of coverage
along with copies of any insurance cards since the date of accident/incident and
all Explanation of Benefits (EOB) statements related to the subject
accident/incident;
14. State whether plaintiff(s) is (are) or ever was (were) a Medicaid recipient(s). If plaintiff
is or was a Medicaid recipient please provide the following:.
a. Plaintiff’s Client Identification Number (CIN);
b. A copy of any and all Medicaid Identification cards;
c. A copy of the Notice that was provided to HRA pursuant to CPLR§306-c and
filed with the Court.
15. Please state whether plaintiff(s) is (are) or ever was (were) receiving Social Disability
Income (SSDI) and to/from dates that benefits were received and amount of said benefits.
16. If plaintiff(s) has (have) ever been convicted of a crime (including any guilty plea),
please state (a) the NYSID number of plaintiff; (b) the dates of every conviction; (c) whether the conviction
was state or federal; and (d) the county where each conviction occurred.
17. If the complaint alleges loss of services, set forth the pecuniary loss, if any, alleged in
the complaint. Enumerate the damages for:
(a) Loss of services;
(b) Consortium;
(c) Other expenses.
18. State those injuries arising from the use or operation of a motor vehicle which are
claimed to be serious, as defined in Insurance Law § 5102 (d), if any.
19. If property damage is claimed, please state (a) all property damaged; (b) the fair market
value of each item at the time it was damaged; (c) the cost of repairing each item; (d) the cost of replacing
each item; (e) the date each item was acquired; (f) the purchase cost of each item; (g) the amount(s) provided

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by a third-party to reimburse damage; (h) the name and address of any third-party which reimbursed damage;
and (i) amount of any unreimbursed payment made by plaintiff(s) to replace or repair a damaged item.
20. State the manner in which it is claimed the accident occurred.
21. State separately the acts or omissions constituting the alleged negligence of each of the
answering defendant(s), if any.
22. State separately the acts of each of the answering defendant(s) constituting the
intentional wrongs claimed, if any.
23. State the names of the employee(s) or agents of the answering defendant(s) who are
alleged to have committed the acts set forth in the items above.
24. Describe any alleged dangerous and defective condition and or the object or
instrumentality complained of, as well as the nature of the condition alleged.
25. State whether any repairs were made prior to the happening of the alleged accident.
26. If it is alleged that repairs were made prior to the happening of the accident, state when,
where, and by whom, the repairs were made.
27. State whether actual or constructive notice is claimed or whether it is alleged that
defendant created the condition complained of.
28. If actual notice is claimed, then set forth the following:
(a) The names of the employees, agents and/or servants of the defendant(s) to
whom it will be alleged said actual notice was given;
(b) By whom will it be claimed that said actual notice was given on each
occasion aforesaid;
(c) The date or dates of each said notice;
(d) The place said actual notice was given.
29. If constructive notice is claimed, state the length of time said condition is alleged to have
existed prior to the happening of the alleged occurrence.
30. If prior written notice is claimed, specify the nature of such notice.
31. If prior written notice is claimed, then set forth the following:
(a) The name(s) of the entity, agency, employees, agents and/or servants of the
defendant(s) to whom it will be alleged said prior written notice was given;
(b) By whom will it be claimed that said prior written notice was given on each
occasion aforesaid;
(c) The date or dates of each said notice;
(d) The place said notice was given.
32. In any action where plaintiff(s) claim the violation of any statute, ordinance, rule, order,
requirement or regulation, state separately and specifically all such statutes, ordinances, rules or regulations
alleged to have been violated by the answering defendant(s).
33. If applicable, describe in what respects defendant(s) failed to provide plaintiff(s) with a
safe place to work.
34. If applicable, state whether plaintiff(s) will allege that this defendant(s) was a party to a
contract. If yes;
(a) State the parties to the contract;
(b) State the contract number.
35. If applicable, set forth each and every item of construction, excavation or demolition
work which the plaintiff(s) will allege was not so constructed, shored, equipped, guarded, arranged, operated
and conducted as to provide reasonable and adequate safety; setting forth the manner in which the
construction, shoring, equipping, guarding, arranging, operating and/or conducting of the construction,
excavating, or demolition work is alleged to have caused the plaintiff(s) alleged injury.
36. If applicable, state whether the plaintiff(s) will allege that this defendant(s) exercised
control over the work being performed at the job site. If yes, state the nature and extent of the control
allegedly exercised and the exact manner in which said control was exercised.
37. If applicable, state those injuries claimed to be “grave”, as defined in the Workers’
Compensation Law § 11.

ALLEGED DEFAMATION
Where applicable, in addition to the foregoing, if plaintiff(s) alleges defamation, the
following items are additionally demanded:

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38. Whether the alleged defamatory statement was communicated orally or in a writing.
39. With respect to each of the answering defendant(s), the particular words complained of
and allegedly communicated.
40. The name(s) and address(es) of any person(s) it is alleged heard or received the
defamatory statement(s).
41. If it is alleged that the defamatory statement(s) were communicated in a writing, set
forth the date(s), nature, and content of the writing.
42. If it is alleged that any defamatory statement was published, set forth the date(s), nature
and name of the media or publication and each republication of the alleged defamatory statement.
43. The circumstances, acts, and/or omissions which evince defendant(s) knowledge of the
falsity, or reckless disregard of the truth, or malice, with respect to the statement(s) allegedly made.

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ALLEGED POLICE MISCONDUCT
Where applicable, in addition to the foregoing, if plaintiff(s) alleges police misconduct,
the following items are additionally demanded:
44. State the criminal court file and docket number of the criminal proceeding.
45. State the (a) the specific charges; (b) the disposition of each charge; and (c) the date of
said disposition.
46. State the date and time taken into custody.
47. State the date of arraignment.
48. State the date and time released from incarceration.
49. State the name, address, and phone number of attorney(s) who represented plaintiff(s) in
the criminal proceedings.
50. State the amount claimed for legal fees, if any.
51. State the NYSID number of plaintiff(s).
52. For each criminal proceeding, including arraignment, please state the (a) the type of
proceeding; (b) the date(s) of the proceeding; (c) the name of reporter who transcribed the proceeding; and
(d) the name of Judge who presided over the proceeding.

ALLEGED EXPOSURE TO LEAD-BASED PAINT
Where applicable, in addition to the foregoing, if plaintiff(s) allege damages as a result
of exposure to lead-based paint, the following items are additionally demanded:
53. The day, month, and year of initial exposure;
54. The day, month and year when exposure terminated;
55. The address(es), including apartment numbers, of every premises where it is alleged that
plaintiff(s) were exposed to lead-based paint;
56. The highest recorded blood lead level for plaintiff(s) and the date of the diagnosis;
57. The date of the initial diagnosis;
58. Whether it is claimed that plaintiff(s) sustained any cognitive injuries or learning
disabilities as a result of any alleged exposure and if so, state the nature of the disability, when any such
disability was diagnosed, the school and current grade level of plaintiff(s) and whether plaintiff(s) have been
placed in any special classes.

ALLEGED ACTION FOR WRONGFUL DEATH
Where applicable, in addition to the foregoing, if plaintiff(s) allege wrongful death, the
following items are additionally demanded:
59. State the amount claimed as pecuniary loss, specifying the loss of parental guidance by
each person dependent upon support of the decedent.
60. State the names, addresses, ages, and relationships to the decedent of all persons to
whose support it is claimed the decedent contributed.
61. State the nature and purpose of the support contributed as to each person supported,
including how and when support was given.
62. State the date, place and cause of death.
63. State the length of time the decedent remained conscious of the injuries sustained.
64. State the total amounts claimed as special damages for:
(a) Funeral and burial expenses;
(b) Administration expenses;
(c) Any other damages claimed.

ALLEGED NEGLIGENT EMERGENCY MEDICAL RESPONSE
Where applicable, in addition to the foregoing, if plaintiff(s) allege negligent emergency
medical response, the following items are additionally demanded:
65. The exact dates and times of the claimed acts or occurrences.
66. The specific locations of the claimed acts and/or occurrences with reference to
addresses, landmarks, or other identifying points of reference. If the claimed acts and/or occurrences took

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place inside a premise, state specifically the location within the premise and/or the department(s), as
applicable, of said premises.
67. The specific time when the need for medical attention was first noticed by the plaintiff in
distress, or by another person.
68. If a call for emergency assistance was made, indicate:
(a) the time at which the call was placed.
(b) the person who placed the call and, if other than the patient, his or her
relationship to the patient.
(c) the description or report of injury or emergency given.
(d) if more than one call was made to 911.
(e) what the caller was told by the operator.
69. If more than one call was made to 911, indicate:
(a) the total number of calls made to 911.
(b) the time of each respective subsequent call,
(c) the person or people who made each respective subsequent call (if different from
the first call).
(d) if the description of the injury or emergency changed after the first call to 911,
indicate what the change was, why the description changed, when the change in condition was first noticed
prior to it being reported to 911, and when the change was reported to 911
(e) what the caller was told by the operator during each respective call.
70. Indicate if 911 had been contacted earlier in the day of the incident for the same
or similar condition. If so, indicate the person or persons who made the call, and when they made
it. Describe what the person or persons were told by the operator.
71. Indicate what time emergency personnel first arrived. Also indicate, if known, the
respective names and ranks of emergency personnel who arrived on the scene. If known, indicate if the
personnel were from the FDNY or the NYPD. If the personn

Case Info

Judge

Orlando Marrazzo Track Judge’s New Case

Case No.

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Document Filed Date

April 04, 2023

Case Filing Date

March 10, 2023

County

Parties

Christina Reep Defendant
Counsel, Corporation Attorney for the Defendant
FAMULARI, GIANNA M. Attorney for the Defendant
GOMEZ, JOSE M Attorney for the Defendant
Guo ying Jiang Plaintiff
LO, JAMES PAKIN Attorney for the Plaintiff
Michael Rodriguez Defendant
Mildred Josefson Defendant
THE CITY OF NEW YORK Defendant
DAWN GILBERT Attorneys for Defendants
SUEY CHUNG Attorneys for Defendants

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Answer: Guo Ying Jiang v. Christina Reep, Michael Rodriguez, Mildred Josefson, The City Of New York

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