Preview
FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
CARLTON L. MOITT JR., as Administrator of the Estate of ECF
CYNTHIA MOITT,
Index No.: 35921/2020E
Plaintiff,
COMBINED DEMANDS
-against-
THROGS NECK OPERATING CO. LLC, THROGS NECK
REHABILITATION & NURSING CENTER and ELENA
VEZZA, M.D.,
Defendants.
X
COUNSELORS:
PLEASE TAKE NOTICE, that the undersigned hereby make the following demands
upon you and the undersigned demand that you serve upon them within twenty (20) days of the
service of this demand the following:
DEMAND FOR PHOTOGRAPHS
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly
CPLR §3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46
App. Div. 581; Murdick v. Bush. 254 N.Y.S.2d 54; Havward v. Willard Mountain. Inc.. 266
N.Y.S.2d 453, the undersigned demands that you serve upon them, within twenty (20) days of
the service of this demand, the following:
1. Photographs of the scene of the accident or treatment which is the subject of this
litigation.
2. Photographs of the instrumentalities involved in such litigation.
3. Photographs of the plaintiff, which demonstrates the injuries allegedly sustained.
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DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the plaintiffs attorneys are
required to serve within twenty (20) days after receipt of this notice the following:
1. The names and addresses of all physicians or other providers of every description
who have consulted, examined or treated the plaintiff for each of the conditions allegedly caused
or exacerbated by the occurrence described in the verified complaint, including the dates of such
consultation, treatment or examination.
2. Written authorizations to allow the defendants to obtain the complete office
medical records relating to the plaintiff of each health care provider identified in (1) above.
3. Copies of all medical reports received from health care providers identified in (1)
above.
4. Duly executed and acknowledged written authorizations directed to any hospital,
clinic or other health care facility in which the plaintiff is or was treated or confined due to the
occurrence set forth in the verified complaint, so as to permit the securing of a copy of the entire
hospital record, including x-rays and technicians' reports.
5. The names and addresses of every physician or other health care provider,
hospital, clinic or other health care facility which may have examined or treated during the five
years prior to the occurrences set forth in the verified complaint for any condition or injury to the
plaintiff Also state the dates of such treatment or examination.
6. Duly executed and acknowledged written authorizations to allow the defendants
to obtain the complete medical records of any physician or other health care provider, hospital,
clinic or other health care facility which may have examined or treated during the five years prior
to the occurrences set forth in the verified complaint for any condition or injury to the plaintiff
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7. Duly executed and acknowledged written authorizations to allow the defendants
to obtain the complete work records of all plaintiffs employers from 2013 to present.
8. Duly executed and acknowledged written authorizations to allow the defendants
to obtain the complete tax records of plaintiff from 2013 to present.
This demand shall be deemed to continue during the pendency of this action if any of the
above items are subsequently obtained or generated.
DEMAND FOR COLLATERAL SOURCE INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR §4545, the plaintiff is required to
serve within twenty (20) days of receipt of this notice the following:
1. If the plaintiff claims monetary damages by reason of physician expenses, state
the amount of physician expenses and the amount received, or the amount which plaintiff is
entitled to receive under any collateral source, including Blue Cross/Blue Shield Major Medical
insurance coverage or other disability insurance plans. State the name and address of the
collateral source and the policy number of the plaintiff,
2. If the plaintiff claims monetary damage by reason of hospital expenses, state the
amount of hospital expenses and the amount received, or the amount which plaintiff is entitled to
receive under any collateral source, including Blue Cross/Blue Shield Major Medical insurance
coverage, or other disability insurance plan. State the name and address of the collateral source
and the policy number of the plaintiff.
3. If the plaintiff claims monetary damages by reason of any other medical costs,
including nursing service, home care, dental services, medication or medical apparatus, state the
amount of these expenses and the amount received, or the amount which plaintiff is entitled to
receive under any collateral source, including Blue Cross/Blue Shield Major Medical insurance
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coverage, or other disability insurance plan. State the name and address of the collateral source
and the policy number of the plaintiff.
4. If the plaintiff claims monetary damages in the nature of loss of earnings, state the
alleged amount of lost earnings; the alleged gross wage immediately prior to the accident or
treatment at issue; the name and address of the employer; the amount of remuneration received
for wages and the source of said remuneration after the accident, including Workmen's
Compensation, union benefits, employees benefit plan, or other collateral source.
5. State the monetary amount of any other alleged special damage and the amounts
received from any collateral source, including insurance. Social Security, Workmen's
Compensation, disability or employee benefit programs.
6. Duly executed and properly addressed authorizations permitting the defendants to
obtain records pertaining to the plaintiff from each of the collateral sources identified.
7. A copy of all books, records, bills, insurance applications, insurance receipts,
canceled checks, copies of checks, and any and all other records pertaining to collateral source
reimbursement received by plaintiff or on behalf of plaintiff for the special damages alleged in
this lawsuit.
NOTICE FOR DISCOVERY AND INSPECTION
PLEASE TAKE NOTICE, that the plaintiff is required to produce for discovery and
inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice,
the following documents:
1. All x-rays, CAT-scans, and other diagnostic films in the possession or control of
the plaintiff or plaintiffs counsel.
2. Copies of all prior pleadings and proceedings in this or related actions.
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3. Copies of all police, accident or incident reports related to this action.
4. Each and every bill, statement of account, or itemized charge received by the
plaintiff or anyone on their behalf pertaining to the special damages claimed in this lawsuit.
5. Attach copies of all bills, invoices, statements, or any other documentation with
respect to:
(a) purchase price of damaged property;
(b) items purchased for repair or replacement of damaged property; and
(c) professional services rendered for repairs or alterations necessitated by the
alleged losses.
6. Copies of all documents referred to in the plaintiffs complaint.
7. Copies of all documents in your possession which in any way reference or relate
to communications written or oral between plaintiff and defendants.
8. Copies of any documents upon which the plaintiff will rely to substantiate
claimed damages.
9. Pursuant to CPLR §§304 and 306-a, proof of filing the summons and verified
complaint or summons with notice with the Clerk of the Court and the index number assigned.
10. Pursuant to CPLR §306-b, proof of service of the summons and verified
complaint or summons with notice, together with proof of filing of the Affidavit(s) of Service
with the Clerk of the Court.
DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), you are required to serve
on the undersigned within twenty (20) days, the following:
1. Written statements of the defendants in your possession.
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2. Records, memoranda, notes, tape recordings, or other recorded communications
of or by the defendants in your possession.
3. Copies of all materials, records, documents obtained from defendants prior to date
of Answer by defendants.
DEMAND FOR IDENTIFICATION OF WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendants demand that all
parties set forth, in writing and under oath, within twenty (20) days of the service of this
Demand, the following:
1. Names, residence and employment addresses and residence and employment
telephone numbers of each person claimed, by any party whom you represent, to be a witness of
any of the following:
(a) The occurrence alleged in the verified complaint;
(b) Any acts, omissions, or conditions which allegedly caused the occurrence
alleged in the verified complaint;
(c) The underlying transactions and/or treatment which give rise to claims in
the verified complaint;
(d) Plaintiffs alleged injuries;
(e) Any actual or constructive notice allegedly given to answering defendants
of any condition which allegedly caused the occurrence alleged in the
amended verified complaint;
(f) The nature and duration of the alleged condition which caused the
occurrence alleged in the verified complaint.
PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known, so state in
the reply to this Demand.
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NOTICE OF DISCOVERY AND INSPECTION
PLEASE TAKE NOTICE, that pursuant to CPLR §3120, the undersigned hereby
demand that you produce for discovery and inspection at the offices of LEWIS JOHS
AVALLONE AVILES, LLP, within twenty (20) days after receipt of this Notice, the following:
1. Power of Attorney or Guardianship ad Litem and Order, if any.
2. Autopsy Report;
3. All documents, correspondence or complaints submitted to any government
agency as a result of the alleged claims giving rise to the suit;
4. Letters of Administration or Letters Testamentary;
5. Last Will and Testament;
6. All estate petitions submitted on behalf of the decedent's state in any court of
competent jurisdiction;
7. Funeral Bill.
8. Name and address of any witness known to the plaintiff or her attorneys.
9. Pursuant to Rule 2103(e) of the CPLR, the names and addresses of each party and
attorney appearing in this action.
10. Pursuant to Rule 3120 of the CPLR, photographs of the vehicles involved in the
alleged occurrence, and of the scene of the alleged occurrences.
PLEASE TAKE FURTHER NOTICE, that failure to provide a full and complete
response to these Combined Demands will result in the plaintiff being precluded at the trial of
this action from offering any evidence or testimony about any part of the hospital records,
medical records, x-ray or reports of any technicians or employers or any other information not
made available to the defendants.
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PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue
during the pendency of this action, and if any of the above-requested information or documents
are subsequently obtained, said information and documents shall be furnished to the defendants.
PLEASE TAKE FURTHER NOTICE, that if the plaintiff has no such information
demanded, then so state in a sworn reply to this demand.
PLEASE TAKE FURTHER NOTICE, that said production, discovery and inspection
and copying shall take place at the offices of LEWIS JOHS AVALLONE AVILES, LLP, One
CA Plaza, Suite 225, Islandia,New York 11749 on the 2"'' day of March, 2021, at 2:00 p.m.
Dated: Islandia, New York
January 29, 2021
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendants
THROGS NECK OPERATING CO. LLC and
THROGS NECK REHABILITATION &
NURSING CENTER
One CA Plaza, Suite 225
Islandia, New York
631.755.0101
,.^l4ES P. CONNORS
UAAJFileNo.: 0373.1020.0000
TO:
Via ECF
MICHAEL A. FRUHLING, ESQ.
GERSOWITZ, LIBO & KOREK, P.C.
Attorneys for Plaintiff
111 Broadway, Floor
New York, New York 10006
212.385.4410
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
CARLTON L. MOITT JR., as Administrator of the Estate of ECF
CYNTHIA MOITT,
Index No.: 35921/2020E
Plaintiff,
DEMAND FOR
-against- MEDICAL
INFORMATION
THROGS NECK OPERATING CO. LLC, THROGS NECK
REHABILITATION & NURSING CENTER and ELENA
VEZZA, M.D.,
Defendants.
X
COUNSELORS:
PLEASE TAKE NOTICE that pursuant to the applicable Rules you are required to serve
within twenty (20) days after receipt of this demand the follov^ng:
1. The names and addresses of all physicians or other health
care providers of every description who have consulted,
examined or treated the plaintiff for each of the conditions
allegedly caused by, or exacerbated by, the occurrence
described in the complaint, including the date of such
treatment or examination.
2. Duly executed and acknowledged written authorizations
directed to any hospital, clinic or other health-care facility
in which the injured plaintiff herein was treated at or
confined to due to the occurrence set forth in the complaint
so as to permit the securing of a copy of the entire hospital
record or records including x-rays and technicians' reports.
3. Duly executed and acknowledged written authorizations to
allow defendants to obtain the complete office medical
records relating to plaintiff, of each health-care provider
identified in item "1." above.
4. Copies of all medical reports received from health-care
providers identified in item "1." above. These shall include
a detailed recital of the injuries and conditions as to which
testimony will be offered at the trial, referring to and
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identifying those x-rays and technicians' reports which will
be offered.
5. Duly executed and acknowledged written authorizations to
allow defendants to obtain complete pharmacy or drug
store records with respect to any drugs prescribed for
plaintiff from one (1) year prior to the occurrence described
in the complaint to the present.
All authorizations for the release of medical records must be in the proper format^ in
full compliance with the requirements of the Health Insurance Portability and Accountability
Act (HIPAA) and contain thefollowing statement: "this authorization will remain in effect up
to the conclusion ofmy court case."
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the
event any of the above items are obtained after service hereof, they are to be immediately
furnished to this office.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply herewith, the
plaintiffs herein will be precluded at the trial of this action from offering any evidence of the
conditions described in the reports or records demanded or offering in evidence any part of the
hospital records, medical records, x-ray reports or reports of other technicians not made available
pursuant to this Rule, nor will the Court hear the testimony of any physicians whose medical
reports have not been served pursuant to the aforesaid demand.
Dated: Islandia, New York
January 29, 2021
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Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendants
THROGS NECK OPERATING CO. LLC and
THROGS NECK REHABILITATION &
NURSING CENTER
One CA Plaza, Suite 225
Islandia,New York 1J749
631.755.0101
MueS p. CONNORS
UAA/FileNo.: 0373.1020.0000
TO: //
ViaECF
MICHAEL A. FRUHLING, ESQ.
GERSOWITZ, LIBO & KOREK, P.C.
Attorneys for Plaintiff
111 Broadway, Floor
New York, New York 10006
212.385.4410
22
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
CARLTON L. MOITT JR., as Administrator of the Estate of ECF
CYNTHIA MOITT,
Index No.: 35921/2020E
Plaintiff,
DEMAND FOR
-against- MEDICARE/MEDICAID
INFORMATION
THROGS NECK OPERATING CO. LLC, THROGS NECK
REHABILITATION & NURSING CENTER and ELENA
VEZZA, M.D.,
Defendants.
X
COUNSELORS:
PLEASE TAKE NOTICE that pursuant to the requirements of Section 111 of the
Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395y(b)(7) and (b)(8)),
defendants, THROGS NECK OPERATING CO. LLC and THROGS NECK
REHABILITATION & NURSING CENTER, demand that plaintiff provide the following
information within twenty (20) days of the date hereof:
a) The plaintiffs date of birth and gender;
b) The plaintiffs social security number;
c) Whether plaintiff has applied for or is receiving
Medicare or Medicaid benefits and the address of
the office handling the plaintiffs Medicare or
Medicaid file;
d) Whether plaintiff has applied for or is receiving SSI
or SSDI benefits in connection with any accident or
illness which is the subject of this litigation, and
include the address of the office handling the
plaintiffs Medicare and/or Medicaid file;
e) Whether plaintiff has been diagnosed with or is
being treated for end-stage renal failure attributable
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or related to any accident or illness which is the
subject of this litigation;
f) Whether any application for said Medicare,
Medicaid, SSI and/or SSDI benefits has been
denied;
g) Whether plaintiff has appealed or intends to appeal
from any denial of said Medicare, Medicaid, SSI or
SSDI benefits.
h) The identification number or beneficiary number
(HICN) issued to the plaintiff for Medicare or other
federal governmental benefits.
i) State whether Medicare and/or Medicaid has a lien
and if so, state the amount.
j) Provide copies of documents, records, memoranda,
notes, etc. in plaintiffs possession pertaining to
receipt of Medicare, Social Security Disability
and/or Medicaid benefits, including copies of all
documents provided to or received from Medicare,
Social Security Disability and/or Medicaid
administrators.
k) Provide copies of any claim summary documents
from CMS, Medicare and/or Medicaid.
1) If plaintiff has not received Medicare, Social
Security Disability and/or Medicaid benefits in the
past or is not receiving Medicare, Social Security
Disability and/or Medicaid benefits now, state
whether plaintiff is eligible to receive said benefits.
m) If plaintiff was receiving Medicare, Social Security
Disability and/or Medicaid benefits and is now
deceased, please provide the following:
1. Relationship of the administrator of the
estate to the decedent;
2. Name and address of administrator;
3. Telephone number and address of
administrator;
4. Social Security number of Administrator;
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5. An authorization to examine and copy
deceased's Medicare, Social Security
Disability and/or Medicaid records.
n) If plaintiff was receiving any private insurance
benefits or Medicare Advantage benefits, please
provide authorization for said provider.
PLEASE TAKE FURTHER NOTICE that defendants, THROGS NECK OPERATING
CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER, demand that
plaintiff furnish the following within twenty (20) days of the date hereof:
HIPAA compliant authorizations bearing the date of birth and Social Security or HICN
number permitting the undersigned to obtain copies of all documents contained in the files and
records of the United States Department of Health and Human Services, or any attorney or agent
acting on behalf of plaintiff relating, to plaintiffs application for and receipt of: Medicare or
Medicare benefits, and/or Supplemental Security Income (SSI) or Social Security Disability
Income (SSDI) benefits, including documents relating to the denial of any of said benefits and
any appeal taken from the denial of any of said benefits.
All authorizations should contain the following statement: "This authorization will
remain in effect up to the conclusion of my court case."
PLEASE TAKE FURTHER NOTICE that the foregoing are continuing demands. In the
event that any of the above items are obtained or received after service of these demands,
supplemental responses and/or authorizations should be furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the
foregoing demands an application will be made to the court for appropriate relief
Dated: Islandia, New York
January 29, 2021
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Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendants
THROGS NECK OPERATING CO. LLC and
THROGS NECK REHABILITATION &
NURSING CENTER
One CA Plaza, Suite 225
Islandia, New York
631.755.0101
lES P, CONNORS
UAAmieNo.: 0373.1020.0000
TO:
Via ECF
MICHAEL A. FRUHLING, ESQ.
GERSOWITZ, LIBO & KOREK, P.C.
Attorneys for Plaintiff
111 Broadway, Floor
New York, New York 10006
212.385.4410
26
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
CARLTON L. MOITT JR., as Administrator of the Estate of EOF
CYNTHIA MOITT,
Index No.:35921/2020E
Plaintiff,
E-DISCOVERY AND
-against- SOCIAL MEDIA
DEMAND AND
THROGS NECK OPERATING CO. LLC, THROGS NECK LITIGATION HOLD
REHABILITATION & NURSING CENTER and ELENA
VEZZA, M.D.,
Defendants.
X
COUNSELORS :
PLEASE TAKE NOTICE, that pursuant to CPLR §3120, the plaintiff is hereby
required to produce for discovery and inspection by the undersigned attorneys, within thirty (30)
days hereof, the following items of electronic data and information within the plaintiffs
possession or control that are relevant to the accident/incident alleged in the complaint and any
injuries or damages claimed as a result including but not limited to:
1. All relevant electronically stored e-mails, letters, notes,
memoranda, and calendar entries from personal computer(s),
laptop computer(s), home desktop computer(s), cellular
telephone(s), personal digital assistant(s), or any other device with
such storage capabilities;
2. All relevant Instant Message (IM) logs, transcripts, data (.dat) files
stored on hard drive(s) including but not limited to personal
computer(s), laptop computer(s), home desktop computer(s),
cellular telephone(s), personal digital assistant(s), and computer(s)
used at the plaintiffs place of employment;
3. All relevant text messages sent from and received by the plaintiff
which are stored on cellular telephone(s), personal digital
assistant(s), or any other similar device(s) with the capability of
sending and receiving text messages;
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4. All relevant voicemail messages stored on cellular telephone(s),
home telephone(s), work telephone(s), personal digital
assistant(s), or any other device(s) with the capability of receiving
and saving voicemail messages;
5. All relevant Facebook, Twitter, MySpace, Linkedin, Vine,
Instagram and other social media accounts used by/maintained by
plaintiff including but not limited to true and accurate copies of all
"tweets," "wall posts," "info," "photos," "videos," "blogs,"
"comments," "likes," and "status" pages and postings, and provide
a duly executed authorization permitting the release of certified
copies of same including currently posted, deleted, and archived
materials.
6. Data map(s) and/or detailed representation(s) of the type(s) and
location(s) of all electronically stored information (ESI) including
but not limited to the following electronic systems:
• Servers and other active and dynamic data including but not
limited to file servers, e-mail and voicemail servers;
• Data management systems including but not limited to backup
tapes, financial systems, and disaster recovery systems;
• Endpoints including but not limited to desktops, laptops,
personal digital assistants, and cellular telephones;
• Portable media including but not limited to flash drives, hard
drives, CD's and DVD's; and
• Data hosted by third-party vendors including but not limited to
payroll systems and junk mail filtering systems.
PLEASE TAKE FURTHER NOTICE, that plaintiffs counsel must advise the plaintiff
of a "litigation hold" instruction and direct the plaintiff to preserve relevant all electronically
stored information (ESI) contained in, but not limited to the plaintiffs laptop computers, desktop
computers, home computers, business computers, e-mail accounts, e-mails, personal digital
assistants, cellular telephones, home telephones, work telephones, text messages, IM accounts,
IM messages, voicemails, other electronic storage devices, etc., including all Meta data
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including but not limited to information embedded in computer files reflecting the file creation
date, when it was last accessed or edited, by whom it was last accessed or edited, and previous
versions or editorial changes; System data including but not limited to the computer records of
routine transactions, fimctions, password access requests, the creation or deletion of files and
directories, maintenance functions, and access to and from other computers, printers, or
communication devices; and Backup data including but not limited to all off-line tapes or disks
created and maintained for short-term disaster recovery.
PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and
the demanding party will object at time of trial to the introduction of any testimony or evidence
which flows from the existence of such documents or information which has not beenproduced.
PLEASE TAKE FURTHER NOTICE, that unless this demand is timely and fully
complied with, an appropriate application will be made seeking relief.
PLEASE TAKE FURTHER NOTICE, that any expense involved in duplicating the
materials called for in this demand will be promptly reimbursed to the answering party upon
representation of a proper bill.
Dated: Islandia, New York
January 29, 2021 Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendants
THROGS NECK OPERATING CO. LLC and
THROGS NECK REHABILITATION &
NURSING CENTER
One CA Plaza, Suite 225
Islandia, New York IJ749
631.755,0101 /
By: > /
p. CONNORS
UAA,fileNo.: 0373.1020.0000
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TO:
ViaECF
MICHAEL A. FRUHLING, ESQ.
GERSOWITZ, LIBO & KOREK, P.C.
Attorneys for Plaintiff
111 Broadway, 12^*^ Floor
New York, New York 10006
212.385.4410
30
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
X
CARLTON L. MOITT JR., as Administrator of the Estate of ECF
CYNTHIA MOITT,
Index No.: 35921/2020E
Plaintiff,
DEMAND FOR EXPERT
-against- WITNESS
INFORMATION
THROGS NECK OPERATING CO. LLC, THROGS NECK
REHABILITATION & NURSING CENTER and ELENA
VEZZA, M.D.,
Defendants.
X
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), plaintiff is demanded to
identify each person whom plaintiff expects to call as an expert witness at the trial of this action
and plaintiff is demanded to disclose in reasonable detail the subject matter on which each expert
is expected to testify, the substance of the facts and opinions on which each expert is expected to
testify, the qualifications of each expert witness, and a summary of the grounds for each expert's
opinion, as follows:
MEDICAL EXPERT
1. With respect to any and all proposed medical expert witnesses who you will or
may call as experts to give opinion testimony in the trial of this matter, state the following:
(a) the area of medical expertise;
(b) educational background, including names and addresses of
each medical school attended;
(c) the names and addresses of each hospital in which an
internship and residency were served and the dates thereof;
(d) the name and address of each hospital in which the
privileges of admitting patients has been extended to such
expert;
(e) the state or states in which this individual was licensed to
practice medicine;
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021
(f) each state in which this individual is actively engaged in
the practice of medicine;
(g) societies of which this individual is a member and the date
of each membership;
(h) the present board certifications and/or qualifications, if any,
and the dates of any such certifications;
(i) the subject matter on which each expert is expected to
testify;
(j) the substance of the facts and opinions to which each expert
is expected to testify;
(k) a summary of the grounds for each opinion; and
(1) the full name and citation of any medical article, text or
publication authored.
ECONOMIST OR ACTUARY
2. If you expect to call an economist or actuary to give opinion testimony in the trial
of this matter, state the following:
(a) a specific description of the losses for which such
calculations will be made (i.e. present value of the loss of
future eamings, present value of the loss of second job
earnings, present value of future medical expenses, etc.);
(b) the undiscounted amount of such loss;
(c) the present value of the dollar amount of such loss;
(d) the discount rate applied by such person to determine
present value and reason for such rate;
(e) the number of years involved in such discounting process
and the opinions and facts on which the economist bases
the determination of that number of years;
(f) with regard to testimony concerning a projected increase in
future income on an annual or other basis at a projected rate
of income greater than the income earned by the plaintiff
when last employed, state, the growth rate for such income
as estimated by such person, the opinions and facts on
which that estimate is based, and identify the publication or
supporting statistics relied upon with sufficient specificity
to permit its identification and location by the defendants;
(g) specify each factor other than those which have been noted
above, which the person has used in calculating the net
amount of the present value of the loss and identify all
Preview
FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X CARLTON L. MOITT JR., as Administrator of the Estate of ECF CYNTHIA MOITT, Index No.: 35921/2020E Plaintiff, COMBINED DEMANDS -against- THROGS NECK OPERATING CO. LLC, THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. X COUNSELORS: PLEASE TAKE NOTICE, that the undersigned hereby make the following demands upon you and the undersigned demand that you serve upon them within twenty (20) days of the service of this demand the following: DEMAND FOR PHOTOGRAPHS PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR §3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46 App. Div. 581; Murdick v. Bush. 254 N.Y.S.2d 54; Havward v. Willard Mountain. Inc.. 266 N.Y.S.2d 453, the undersigned demands that you serve upon them, within twenty (20) days of the service of this demand, the following: 1. Photographs of the scene of the accident or treatment which is the subject of this litigation. 2. Photographs of the instrumentalities involved in such litigation. 3. Photographs of the plaintiff, which demonstrates the injuries allegedly sustained. 12 1 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the plaintiffs attorneys are required to serve within twenty (20) days after receipt of this notice the following: 1. The names and addresses of all physicians or other providers of every description who have consulted, examined or treated the plaintiff for each of the conditions allegedly caused or exacerbated by the occurrence described in the verified complaint, including the dates of such consultation, treatment or examination. 2. Written authorizations to allow the defendants to obtain the complete office medical records relating to the plaintiff of each health care provider identified in (1) above. 3. Copies of all medical reports received from health care providers identified in (1) above. 4. Duly executed and acknowledged written authorizations directed to any hospital, clinic or other health care facility in which the plaintiff is or was treated or confined due to the occurrence set forth in the verified complaint, so as to permit the securing of a copy of the entire hospital record, including x-rays and technicians' reports. 5. The names and addresses of every physician or other health care provider, hospital, clinic or other health care facility which may have examined or treated during the five years prior to the occurrences set forth in the verified complaint for any condition or injury to the plaintiff Also state the dates of such treatment or examination. 6. Duly executed and acknowledged written authorizations to allow the defendants to obtain the complete medical records of any physician or other health care provider, hospital, clinic or other health care facility which may have examined or treated during the five years prior to the occurrences set forth in the verified complaint for any condition or injury to the plaintiff 13 2 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 7. Duly executed and acknowledged written authorizations to allow the defendants to obtain the complete work records of all plaintiffs employers from 2013 to present. 8. Duly executed and acknowledged written authorizations to allow the defendants to obtain the complete tax records of plaintiff from 2013 to present. This demand shall be deemed to continue during the pendency of this action if any of the above items are subsequently obtained or generated. DEMAND FOR COLLATERAL SOURCE INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR §4545, the plaintiff is required to serve within twenty (20) days of receipt of this notice the following: 1. If the plaintiff claims monetary damages by reason of physician expenses, state the amount of physician expenses and the amount received, or the amount which plaintiff is entitled to receive under any collateral source, including Blue Cross/Blue Shield Major Medical insurance coverage or other disability insurance plans. State the name and address of the collateral source and the policy number of the plaintiff, 2. If the plaintiff claims monetary damage by reason of hospital expenses, state the amount of hospital expenses and the amount received, or the amount which plaintiff is entitled to receive under any collateral source, including Blue Cross/Blue Shield Major Medical insurance coverage, or other disability insurance plan. State the name and address of the collateral source and the policy number of the plaintiff. 3. If the plaintiff claims monetary damages by reason of any other medical costs, including nursing service, home care, dental services, medication or medical apparatus, state the amount of these expenses and the amount received, or the amount which plaintiff is entitled to receive under any collateral source, including Blue Cross/Blue Shield Major Medical insurance 14 3 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 coverage, or other disability insurance plan. State the name and address of the collateral source and the policy number of the plaintiff. 4. If the plaintiff claims monetary damages in the nature of loss of earnings, state the alleged amount of lost earnings; the alleged gross wage immediately prior to the accident or treatment at issue; the name and address of the employer; the amount of remuneration received for wages and the source of said remuneration after the accident, including Workmen's Compensation, union benefits, employees benefit plan, or other collateral source. 5. State the monetary amount of any other alleged special damage and the amounts received from any collateral source, including insurance. Social Security, Workmen's Compensation, disability or employee benefit programs. 6. Duly executed and properly addressed authorizations permitting the defendants to obtain records pertaining to the plaintiff from each of the collateral sources identified. 7. A copy of all books, records, bills, insurance applications, insurance receipts, canceled checks, copies of checks, and any and all other records pertaining to collateral source reimbursement received by plaintiff or on behalf of plaintiff for the special damages alleged in this lawsuit. NOTICE FOR DISCOVERY AND INSPECTION PLEASE TAKE NOTICE, that the plaintiff is required to produce for discovery and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice, the following documents: 1. All x-rays, CAT-scans, and other diagnostic films in the possession or control of the plaintiff or plaintiffs counsel. 2. Copies of all prior pleadings and proceedings in this or related actions. 15 4 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 3. Copies of all police, accident or incident reports related to this action. 4. Each and every bill, statement of account, or itemized charge received by the plaintiff or anyone on their behalf pertaining to the special damages claimed in this lawsuit. 5. Attach copies of all bills, invoices, statements, or any other documentation with respect to: (a) purchase price of damaged property; (b) items purchased for repair or replacement of damaged property; and (c) professional services rendered for repairs or alterations necessitated by the alleged losses. 6. Copies of all documents referred to in the plaintiffs complaint. 7. Copies of all documents in your possession which in any way reference or relate to communications written or oral between plaintiff and defendants. 8. Copies of any documents upon which the plaintiff will rely to substantiate claimed damages. 9. Pursuant to CPLR §§304 and 306-a, proof of filing the summons and verified complaint or summons with notice with the Clerk of the Court and the index number assigned. 10. Pursuant to CPLR §306-b, proof of service of the summons and verified complaint or summons with notice, together with proof of filing of the Affidavit(s) of Service with the Clerk of the Court. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), you are required to serve on the undersigned within twenty (20) days, the following: 1. Written statements of the defendants in your possession. 16 5 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 2. Records, memoranda, notes, tape recordings, or other recorded communications of or by the defendants in your possession. 3. Copies of all materials, records, documents obtained from defendants prior to date of Answer by defendants. DEMAND FOR IDENTIFICATION OF WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), defendants demand that all parties set forth, in writing and under oath, within twenty (20) days of the service of this Demand, the following: 1. Names, residence and employment addresses and residence and employment telephone numbers of each person claimed, by any party whom you represent, to be a witness of any of the following: (a) The occurrence alleged in the verified complaint; (b) Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the verified complaint; (c) The underlying transactions and/or treatment which give rise to claims in the verified complaint; (d) Plaintiffs alleged injuries; (e) Any actual or constructive notice allegedly given to answering defendants of any condition which allegedly caused the occurrence alleged in the amended verified complaint; (f) The nature and duration of the alleged condition which caused the occurrence alleged in the verified complaint. PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known, so state in the reply to this Demand. 17 6 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 NOTICE OF DISCOVERY AND INSPECTION PLEASE TAKE NOTICE, that pursuant to CPLR §3120, the undersigned hereby demand that you produce for discovery and inspection at the offices of LEWIS JOHS AVALLONE AVILES, LLP, within twenty (20) days after receipt of this Notice, the following: 1. Power of Attorney or Guardianship ad Litem and Order, if any. 2. Autopsy Report; 3. All documents, correspondence or complaints submitted to any government agency as a result of the alleged claims giving rise to the suit; 4. Letters of Administration or Letters Testamentary; 5. Last Will and Testament; 6. All estate petitions submitted on behalf of the decedent's state in any court of competent jurisdiction; 7. Funeral Bill. 8. Name and address of any witness known to the plaintiff or her attorneys. 9. Pursuant to Rule 2103(e) of the CPLR, the names and addresses of each party and attorney appearing in this action. 10. Pursuant to Rule 3120 of the CPLR, photographs of the vehicles involved in the alleged occurrence, and of the scene of the alleged occurrences. PLEASE TAKE FURTHER NOTICE, that failure to provide a full and complete response to these Combined Demands will result in the plaintiff being precluded at the trial of this action from offering any evidence or testimony about any part of the hospital records, medical records, x-ray or reports of any technicians or employers or any other information not made available to the defendants. 18 7 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during the pendency of this action, and if any of the above-requested information or documents are subsequently obtained, said information and documents shall be furnished to the defendants. PLEASE TAKE FURTHER NOTICE, that if the plaintiff has no such information demanded, then so state in a sworn reply to this demand. PLEASE TAKE FURTHER NOTICE, that said production, discovery and inspection and copying shall take place at the offices of LEWIS JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia,New York 11749 on the 2"'' day of March, 2021, at 2:00 p.m. Dated: Islandia, New York January 29, 2021 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendants THROGS NECK OPERATING CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER One CA Plaza, Suite 225 Islandia, New York 631.755.0101 ,.^l4ES P. CONNORS UAAJFileNo.: 0373.1020.0000 TO: Via ECF MICHAEL A. FRUHLING, ESQ. GERSOWITZ, LIBO & KOREK, P.C. Attorneys for Plaintiff 111 Broadway, Floor New York, New York 10006 212.385.4410 19 8 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X CARLTON L. MOITT JR., as Administrator of the Estate of ECF CYNTHIA MOITT, Index No.: 35921/2020E Plaintiff, DEMAND FOR -against- MEDICAL INFORMATION THROGS NECK OPERATING CO. LLC, THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. X COUNSELORS: PLEASE TAKE NOTICE that pursuant to the applicable Rules you are required to serve within twenty (20) days after receipt of this demand the follov^ng: 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint, including the date of such treatment or examination. 2. Duly executed and acknowledged written authorizations directed to any hospital, clinic or other health-care facility in which the injured plaintiff herein was treated at or confined to due to the occurrence set forth in the complaint so as to permit the securing of a copy of the entire hospital record or records including x-rays and technicians' reports. 3. Duly executed and acknowledged written authorizations to allow defendants to obtain the complete office medical records relating to plaintiff, of each health-care provider identified in item "1." above. 4. Copies of all medical reports received from health-care providers identified in item "1." above. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and 9 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 identifying those x-rays and technicians' reports which will be offered. 5. Duly executed and acknowledged written authorizations to allow defendants to obtain complete pharmacy or drug store records with respect to any drugs prescribed for plaintiff from one (1) year prior to the occurrence described in the complaint to the present. All authorizations for the release of medical records must be in the proper format^ in full compliance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and contain thefollowing statement: "this authorization will remain in effect up to the conclusion ofmy court case." PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to this office. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply herewith, the plaintiffs herein will be precluded at the trial of this action from offering any evidence of the conditions described in the reports or records demanded or offering in evidence any part of the hospital records, medical records, x-ray reports or reports of other technicians not made available pursuant to this Rule, nor will the Court hear the testimony of any physicians whose medical reports have not been served pursuant to the aforesaid demand. Dated: Islandia, New York January 29, 2021 21 10 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendants THROGS NECK OPERATING CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER One CA Plaza, Suite 225 Islandia,New York 1J749 631.755.0101 MueS p. CONNORS UAA/FileNo.: 0373.1020.0000 TO: // ViaECF MICHAEL A. FRUHLING, ESQ. GERSOWITZ, LIBO & KOREK, P.C. Attorneys for Plaintiff 111 Broadway, Floor New York, New York 10006 212.385.4410 22 11 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X CARLTON L. MOITT JR., as Administrator of the Estate of ECF CYNTHIA MOITT, Index No.: 35921/2020E Plaintiff, DEMAND FOR -against- MEDICARE/MEDICAID INFORMATION THROGS NECK OPERATING CO. LLC, THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. X COUNSELORS: PLEASE TAKE NOTICE that pursuant to the requirements of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395y(b)(7) and (b)(8)), defendants, THROGS NECK OPERATING CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER, demand that plaintiff provide the following information within twenty (20) days of the date hereof: a) The plaintiffs date of birth and gender; b) The plaintiffs social security number; c) Whether plaintiff has applied for or is receiving Medicare or Medicaid benefits and the address of the office handling the plaintiffs Medicare or Medicaid file; d) Whether plaintiff has applied for or is receiving SSI or SSDI benefits in connection with any accident or illness which is the subject of this litigation, and include the address of the office handling the plaintiffs Medicare and/or Medicaid file; e) Whether plaintiff has been diagnosed with or is being treated for end-stage renal failure attributable 12 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 or related to any accident or illness which is the subject of this litigation; f) Whether any application for said Medicare, Medicaid, SSI and/or SSDI benefits has been denied; g) Whether plaintiff has appealed or intends to appeal from any denial of said Medicare, Medicaid, SSI or SSDI benefits. h) The identification number or beneficiary number (HICN) issued to the plaintiff for Medicare or other federal governmental benefits. i) State whether Medicare and/or Medicaid has a lien and if so, state the amount. j) Provide copies of documents, records, memoranda, notes, etc. in plaintiffs possession pertaining to receipt of Medicare, Social Security Disability and/or Medicaid benefits, including copies of all documents provided to or received from Medicare, Social Security Disability and/or Medicaid administrators. k) Provide copies of any claim summary documents from CMS, Medicare and/or Medicaid. 1) If plaintiff has not received Medicare, Social Security Disability and/or Medicaid benefits in the past or is not receiving Medicare, Social Security Disability and/or Medicaid benefits now, state whether plaintiff is eligible to receive said benefits. m) If plaintiff was receiving Medicare, Social Security Disability and/or Medicaid benefits and is now deceased, please provide the following: 1. Relationship of the administrator of the estate to the decedent; 2. Name and address of administrator; 3. Telephone number and address of administrator; 4. Social Security number of Administrator; 24 13 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 5. An authorization to examine and copy deceased's Medicare, Social Security Disability and/or Medicaid records. n) If plaintiff was receiving any private insurance benefits or Medicare Advantage benefits, please provide authorization for said provider. PLEASE TAKE FURTHER NOTICE that defendants, THROGS NECK OPERATING CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER, demand that plaintiff furnish the following within twenty (20) days of the date hereof: HIPAA compliant authorizations bearing the date of birth and Social Security or HICN number permitting the undersigned to obtain copies of all documents contained in the files and records of the United States Department of Health and Human Services, or any attorney or agent acting on behalf of plaintiff relating, to plaintiffs application for and receipt of: Medicare or Medicare benefits, and/or Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) benefits, including documents relating to the denial of any of said benefits and any appeal taken from the denial of any of said benefits. All authorizations should contain the following statement: "This authorization will remain in effect up to the conclusion of my court case." PLEASE TAKE FURTHER NOTICE that the foregoing are continuing demands. In the event that any of the above items are obtained or received after service of these demands, supplemental responses and/or authorizations should be furnished to the undersigned. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the foregoing demands an application will be made to the court for appropriate relief Dated: Islandia, New York January 29, 2021 25 14 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendants THROGS NECK OPERATING CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER One CA Plaza, Suite 225 Islandia, New York 631.755.0101 lES P, CONNORS UAAmieNo.: 0373.1020.0000 TO: Via ECF MICHAEL A. FRUHLING, ESQ. GERSOWITZ, LIBO & KOREK, P.C. Attorneys for Plaintiff 111 Broadway, Floor New York, New York 10006 212.385.4410 26 15 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X CARLTON L. MOITT JR., as Administrator of the Estate of EOF CYNTHIA MOITT, Index No.:35921/2020E Plaintiff, E-DISCOVERY AND -against- SOCIAL MEDIA DEMAND AND THROGS NECK OPERATING CO. LLC, THROGS NECK LITIGATION HOLD REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. X COUNSELORS : PLEASE TAKE NOTICE, that pursuant to CPLR §3120, the plaintiff is hereby required to produce for discovery and inspection by the undersigned attorneys, within thirty (30) days hereof, the following items of electronic data and information within the plaintiffs possession or control that are relevant to the accident/incident alleged in the complaint and any injuries or damages claimed as a result including but not limited to: 1. All relevant electronically stored e-mails, letters, notes, memoranda, and calendar entries from personal computer(s), laptop computer(s), home desktop computer(s), cellular telephone(s), personal digital assistant(s), or any other device with such storage capabilities; 2. All relevant Instant Message (IM) logs, transcripts, data (.dat) files stored on hard drive(s) including but not limited to personal computer(s), laptop computer(s), home desktop computer(s), cellular telephone(s), personal digital assistant(s), and computer(s) used at the plaintiffs place of employment; 3. All relevant text messages sent from and received by the plaintiff which are stored on cellular telephone(s), personal digital assistant(s), or any other similar device(s) with the capability of sending and receiving text messages; 16 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 4. All relevant voicemail messages stored on cellular telephone(s), home telephone(s), work telephone(s), personal digital assistant(s), or any other device(s) with the capability of receiving and saving voicemail messages; 5. All relevant Facebook, Twitter, MySpace, Linkedin, Vine, Instagram and other social media accounts used by/maintained by plaintiff including but not limited to true and accurate copies of all "tweets," "wall posts," "info," "photos," "videos," "blogs," "comments," "likes," and "status" pages and postings, and provide a duly executed authorization permitting the release of certified copies of same including currently posted, deleted, and archived materials. 6. Data map(s) and/or detailed representation(s) of the type(s) and location(s) of all electronically stored information (ESI) including but not limited to the following electronic systems: • Servers and other active and dynamic data including but not limited to file servers, e-mail and voicemail servers; • Data management systems including but not limited to backup tapes, financial systems, and disaster recovery systems; • Endpoints including but not limited to desktops, laptops, personal digital assistants, and cellular telephones; • Portable media including but not limited to flash drives, hard drives, CD's and DVD's; and • Data hosted by third-party vendors including but not limited to payroll systems and junk mail filtering systems. PLEASE TAKE FURTHER NOTICE, that plaintiffs counsel must advise the plaintiff of a "litigation hold" instruction and direct the plaintiff to preserve relevant all electronically stored information (ESI) contained in, but not limited to the plaintiffs laptop computers, desktop computers, home computers, business computers, e-mail accounts, e-mails, personal digital assistants, cellular telephones, home telephones, work telephones, text messages, IM accounts, IM messages, voicemails, other electronic storage devices, etc., including all Meta data 28 17 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 including but not limited to information embedded in computer files reflecting the file creation date, when it was last accessed or edited, by whom it was last accessed or edited, and previous versions or editorial changes; System data including but not limited to the computer records of routine transactions, fimctions, password access requests, the creation or deletion of files and directories, maintenance functions, and access to and from other computers, printers, or communication devices; and Backup data including but not limited to all off-line tapes or disks created and maintained for short-term disaster recovery. PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and the demanding party will object at time of trial to the introduction of any testimony or evidence which flows from the existence of such documents or information which has not beenproduced. PLEASE TAKE FURTHER NOTICE, that unless this demand is timely and fully complied with, an appropriate application will be made seeking relief. PLEASE TAKE FURTHER NOTICE, that any expense involved in duplicating the materials called for in this demand will be promptly reimbursed to the answering party upon representation of a proper bill. Dated: Islandia, New York January 29, 2021 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendants THROGS NECK OPERATING CO. LLC and THROGS NECK REHABILITATION & NURSING CENTER One CA Plaza, Suite 225 Islandia, New York IJ749 631.755,0101 / By: > / p. CONNORS UAA,fileNo.: 0373.1020.0000 18 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 TO: ViaECF MICHAEL A. FRUHLING, ESQ. GERSOWITZ, LIBO & KOREK, P.C. Attorneys for Plaintiff 111 Broadway, 12^*^ Floor New York, New York 10006 212.385.4410 30 19 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X CARLTON L. MOITT JR., as Administrator of the Estate of ECF CYNTHIA MOITT, Index No.: 35921/2020E Plaintiff, DEMAND FOR EXPERT -against- WITNESS INFORMATION THROGS NECK OPERATING CO. LLC, THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), plaintiff is demanded to identify each person whom plaintiff expects to call as an expert witness at the trial of this action and plaintiff is demanded to disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinions on which each expert is expected to testify, the qualifications of each expert witness, and a summary of the grounds for each expert's opinion, as follows: MEDICAL EXPERT 1. With respect to any and all proposed medical expert witnesses who you will or may call as experts to give opinion testimony in the trial of this matter, state the following: (a) the area of medical expertise; (b) educational background, including names and addresses of each medical school attended; (c) the names and addresses of each hospital in which an internship and residency were served and the dates thereof; (d) the name and address of each hospital in which the privileges of admitting patients has been extended to such expert; (e) the state or states in which this individual was licensed to practice medicine; 20 of 24 FILED: BRONX COUNTY CLERK 01/29/2021 02:34 PM INDEX NO. 35921/2020E NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 01/29/2021 (f) each state in which this individual is actively engaged in the practice of medicine; (g) societies of which this individual is a member and the date of each membership; (h) the present board certifications and/or qualifications, if any, and the dates of any such certifications; (i) the subject matter on which each expert is expected to testify; (j) the substance of the facts and opinions to which each expert is expected to testify; (k) a summary of the grounds for each opinion; and (1) the full name and citation of any medical article, text or publication authored. ECONOMIST OR ACTUARY 2. If you expect to call an economist or actuary to give opinion testimony in the trial of this matter, state the following: (a) a specific description of the losses for which such calculations will be made (i.e. present value of the loss of future eamings, present value of the loss of second job earnings, present value of future medical expenses, etc.); (b) the undiscounted amount of such loss; (c) the present value of the dollar amount of such loss; (d) the discount rate applied by such person to determine present value and reason for such rate; (e) the number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of that number of years; (f) with regard to testimony concerning a projected increase in future income on an annual or other basis at a projected rate of income greater than the income earned by the plaintiff when last employed, state, the growth rate for such income as estimated by such person, the opinions and facts on which that estimate is based, and identify the publication or supporting statistics relied upon with sufficient specificity to permit its identification and location by the defendants; (g) specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify all