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FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
_____ ___________ x DEMAND FOR
CARLTON L MOITT JR., as Administrator of A BILL OF
the Estate of CYNTHIA MOITT, PARTICULARS
Plaintiff, Index No.:
35921/2020E
- against -
THROGS NECK OPERATING CO. LLC, THROGS
NECK REHABILITATION & NURSING CENTER
and ELENA VEZZA, M.D.,
Defendants.
---- x
Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demañds,
pursuant to C.P.L.R. §§ 3041, 3042, 3043 and 3044, that the plaintiff serve a responsive bill of
particulars within 20 days with respect to the following issues:
1. Set forth the date, time and location when:
a) Dr. Vezza committed the acts or omissions alleged in the
Complaint; and
b) the decedent suffered the alleged pain/suffering; and
c) the decedent expired.
2. A separate statement as to Dr. Vezza of the claimed acts of omission and/or
commission, including specification of the procedures, diagnostic tests,
examinations, medications, recommendations, and/or other medical treatment,
constituting the alleged malpractice.
3. The manner in which Dr. Vezza violated Public Health Law 2803-
§§ 2801-d and
c.
4. The manner in which Dr. Vezza violated 10 NYCRR §§ 405 and 415.
5. The manner in which Dr. Vezza violated 42 CFR §§ 483.13, 483.20 and 483.25.
6. Dr. Vezza's wanton, reckless, malicious and reckless conduct.
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7. Set forth any other statutes, ordinances and/or regulations which plaintiff claims
Dr. Vezza violated.
8. Indicate whether Dr. Vezza's alleged liability is based upon care and treatment
rendered by anyone other than her, and, if so, identify those persons reñdering
such care or treatment and the nature of their alleged negligence.
9. The conditions, illnesses and/or injuries for which the decedent sought treatment
with defendant.
10. The injuries which plaintiff claims the decedent suffered as a result of the alleged
malpractice.
11. The injuries or damages which plaintiff claims resulted to the alleged violations of
statutes and regulations.
12. The plaintiff and decedent's date of birth, addresses and social security numbers.
13. The medical cause of the decedent's death.
14. In respect to plaintiff's claim that decedent was incapacitated from gainful
employment, specify:
a) decedent's employer;
b) gross salary;
c) position;
d) dates of disability from employment prior to death;
e) the total amount of decedent's lost earnings prior to death;
f) the total amount of claimed lost earnings;
g) the period over which said damages are claimed; and
h) the lost earnings incurred prior to and subsequent to decedent's
death, which plaintiff claims on behalf of decedent's distributees.
15. The special damages which are claimed by plaintiff for:
a) decedent's hospital expenses;
b) decedent's physician services;
c) decedent's nursing services;
d) decedent's medical supplies;
e) funeral expenses; and
f) other expenses.
2
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16. Indicate whether any of the expenses claimed above were paid by a collateral
source payor, and, whether decedent and/or decedent's distributees and/or
decedent's heirs have been reimbursed by a collateral source payor for all or a
portion of the special damages claimed, specifying the amounts and source for
such payments and/or reimbursements for:
a) decedent's hospital expenses;
b) decedent's physician services;
c) decedent's nursing services;
d) decedent's medical supplies;
e) funeral expenses; and
f) other expenses.
17. The names, addresses, relationship to the decedent and dates of birth for each of
the decedent's distributees.
18. The amount of pecuniary loss which is claimed by each of decedent's distributees,
specifying:
a) the financial support given by the decedent to each distributee over
the five years preceding decedent's death; and
b) the nature of services rendered by the decedent to each distributee over
the five years preceding decedent's death; and
c) the period in which decedent was prevented from engaging in said
occupation, profession or vocation; and
d) the amount of income, earnings, and/or lost profits by reason of the
decedent's alleged injuries or death.
Dated: March 8, 2021 ....
New York, New York
Taglia, Esq.
DWYER & TAGLIA, ESQS.
Attorneys for Defendant
ELENA VEZZA, M.D.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
3
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TO: GERSOWITZ LIBO & KOREK, P.C.
Attorneys for Plaintiff
12th
111 Broadway, FlOOr
New York, New York 10006
(212) 385-4410
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 11749
(631) 755-0101
4
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
------------------------------ -----------------x DEMAND FOR
CARLTON L MOITT JR., as Administrator of RECORDS,
the Estate of CYNTHIA MOITT, AUTHORIZATIONS,
& RADIOLOGICAL
Plaintiffs, IMAGES
- against -
THROGS NECK OPERATING CO. LLC., THROGS
NECK REHABILITATION & NURSING CENTER Index # 35921/2020E
and ELENA VEZZA, M.D.,
Defendants.
----------------------------------x
Pursuant to C.P.L.R. § 3121(b) and 22 N.Y.C.R.R. § 202.17 et s_eg., defendant, ELENA
VEZZA, M.D., through her attorneys, Dwyer & Taglia, Esqs., demaras that plaintiffs provide the
following within twenty (20) days:
1) authorizations for all physicians, hospitals and health insurers, who
treated, examined or saw the decedent for the injuries or conditions
claimed alleged in the Complaint; and
2) x-ray films, including routing x-rays, MRIs, CT films and/or other
radiographs which plaintiffs or codefendants will seek to introduce
at trial.
Dated: March 8, 2021
New York, New York
beter aglia, Es .
D ER & TAG IA, ESQS.
Attorneys for Defendant
ELENA VEZZA, M.D.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
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TO: GERSOWITZ LIBO & KOREK, P.C.
Attorneys for Plaintiff
12th
111 Broadway, FlOOr
New York, New York 10006
(212) 385-4410
LEWIS JOHS AVALLONE AVILES LLP
Attorneys for Defendant
THROGS NECK OPERATING CO., LLC and
THROGS NECK REHABILITATION & NURSING CENTER
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
--------------------------------------------x NOTICE FOR
CARLTON L MOITT JR., as Administrator of DISCOVERY &
the Estate of CYNTHIA MOITT, INSPECTION
-against- Index No.:
Plaintiff,
35921/2020E
THROGS NECK OPERATING CO. LLC., THROGS
NECK REHABILITATION & NURSING CENTER
and ELENA VEZZA, M.D.,
Defendants.
--------- ----------------------------------x
Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demands
that the plaintiffs provide the following items or copies of them within twenty (20) days:
1. The decedent's birth and death certificates;
2. Autopsy, post-mortem, coroners and all toxicology reports;
3. Funeral bill;
4. Letters of Administration;
5. All income tax returns filed by or on behalf of the decedent (federal and
state) and all receipts maintained by or on his behalf for income tax
reporting reasons for the five (5) years preceding his death;
6. All medical records previously exchanged or provided by the codefendants;
7. All depositions given by the parties or their witnesses;
8. All medical records, radiological studies, including films and/or discs,
prescriptions, bills, correspondence, e-mails, referrals, prescriptions, sent to or
received the plaintiff or her attorneys from the defendant or anyone who
by
worked with him; and
9. All bills, receipts, canceled checks, insurance statements, wage statements, or
other documents that reflect the claimed special damages.
10. All notice of liens or claims for a right of subrogation.
Dated: March 8, 2021
New York, New York
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Peter R. , Esq.
& TAGLIA, ESQS.
Attorneys for Defendant
ELENA VEZZA, M.D.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
TO: GERSOWITZ LIBO & KOREK, P.C.
Attorneys for Plaintiff
12*
111 Broadway, Floor
New York, New York 10006
(212) 385-4410
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 11749
(631) 755-0101
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
-------------------------------------------------x DEMAND FOR
CARLTON L MOITT JR., as Administrator of EXPERT DISCLOSURE
the Estate of CYNTHIA MOITT,
Index No.:
Plaintiff, 35921/2020E
- against -
THROGS NECK OPERATING CO. LLC., THROGS
NECK REHABILITATION & NURSING CENTER
and ELENA VEZZA, M.D.,
Defendants.
-----------------------x
Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demands,
pursuant to C.P.L.R. § 3101(d)(1)(i) and the authority of Thomas v. Alleyne, 302 A.D.2d 36, 752
N.Y.S.2d 362 (2nd Dept. 2002), that plaintiff and codefendants provide the following information
within twenty (20) days with respect to each person she intends to call as an expert witness at trial:
1. The names and qualifications of each expert who will be called to testify at trial, including
(omitting the names of physicians):
a) The undergraduate colleges and medical schools attended by each
expert, including the degrees, obtained by each expert, and years
attended;
b) The internship, residencies and/or fellowships completed by each
expert;
c) The jurisdictions in which each expert is licensed as a professional;
experts'
d) The specialties or subspecialties; and
e) The expert's board certifications or board eligibility.
2. The substance of each expert's anticipated trial testimony as to the alleged lack of proper
medical care (departures from the standard of care), treatment, causation and damages.
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Dated: March 8, 2021
New York, New York
D G A, ESQS.
Attorneys for Defendant
ELENA VEZZA, M.D.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
TO: GERSOWITZ LIBO & KOREK, P.C.
Attorneys for Plaintiff
12th
111 Broadway, FlOOr
New York, New York 10006
(212) 385-4410
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 11749
(631) 755-0101
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
x DEMAND FOR
CARLTON L MOITT JR., as Administrator of COLLATERAL
the Estate of CYNTHIA MOITT, SOURCES
Plaintiff, Index No.:
35921/2020E
- against -
THROGS NECK OPERATING CO. LLC., THROGS
NECK REHABILITATION & NURSING CENTER
and ELENA VEZZA, M.D.,
Defendants.
------------- -------------- x
Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., dernands
that the plaintiff provide, pursuant to C.P.L.R. §§ 3101 and 4545, copies of all canceled checks,
receipts, contracts or other agreements whereby plaintiff and/or the decedent's estate has received or
in the future is reasonably likely to receive payments for special damages incurred or to be incurred,
as alleged in the Complaint. This information is to include:
a) The payments or indemnity received from collateral sources for (past) special
damages or economic losses, incurred to date;
b) The reasonably certain payments or indemnity to be received by
plaintiff from collateral sources for (future) special damages or
economic losses; and
c) The identity of each insurer (except life insurer) which has or is
reasonably certain to provide payments or indemnity by:
1. names of insurer;
2. address of insurer;
3. name of insured;
4. policy or other identifying number;
5. the amount paid or reasonably certain to be paid.
6. any liens.
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Dated: March 8, 2021
New York, New York
Peter R. aglia, Esq.
DW¥ER & TAGLIA, ESQS.
Attorneys for Defendant
ELENA VEZZA, M.D.
111 John Street, Suite 620
New York, New York 10038
(212) 227-6000
TO: GERSOWITZ LIBO & KOREK, P.C.
Attorneys for Plaintiff
12th
111 Broadway, FlOOr
New York, New York 10006
(212) 385-4410
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 11749
(631) 755-0101
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
---- ------- --------------x DEMAND FOR
CARLTON L MOITT JR., as Administrator of WITNESSES,
the Estate of CYNTHIA MOITT, STATEMENTS PHOTOS
& VIDEOS
Plaintiff,
Index No.:
- against - 35921/2020E
THROGS NECK OPERATING CO. LLC., THROGS
NECK REHABILITATION & NURSING CENTER
and ELENA VEZZA, M.D.,
Defendants.
----------- -------x
Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demands,
pursuant to C.P.L.R. § 3101, that plaintiff and codefendants disclose witnesses, photographic/
video recordings, and party statements under oath within twenty (20) days after the service of
this demand.
WITNESSEjS
Defendant demands that plaintiff and codefendants disclose within twenty (20) days or
upon receipt of such information the name and address for each person known by you or your
clients to be a witness to the following:
1. The injuries and/or medical conditions alleged in the Complaint; or
2. Any negligence and/or carelessness in services, treatment, procedures,
and/or practices rendered by defendant to the decedent which allegedly
caused the injuries and/or medical conditions alleged in the Complaint; or
3. Any failure to obtain informed consent of the decedent or treatment
rendered by the defendant without her consent;
4. Any persons having knowledge with respect to any conversations,
communications or writings with respect to the injuries and/or medical
conditions referred to in the Complaint; or
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5. Any persons having knowledge with respect to any items of special or
general damages asserted by decedent, the plaintiff or any distributees
claiming wrongful death damages.
If you are unaware of any witnesses at this time, so state in the reply to this demand.
This demand shall be considered continuous during the pendency of the within action,
and should the parties whom you represent, or their representatives, learn the identity of any such
witness as described, the defendant further demands that the name and address of such
Preview
FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX _____ ___________ x DEMAND FOR CARLTON L MOITT JR., as Administrator of A BILL OF the Estate of CYNTHIA MOITT, PARTICULARS Plaintiff, Index No.: 35921/2020E - against - THROGS NECK OPERATING CO. LLC, THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. ---- x Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demañds, pursuant to C.P.L.R. §§ 3041, 3042, 3043 and 3044, that the plaintiff serve a responsive bill of particulars within 20 days with respect to the following issues: 1. Set forth the date, time and location when: a) Dr. Vezza committed the acts or omissions alleged in the Complaint; and b) the decedent suffered the alleged pain/suffering; and c) the decedent expired. 2. A separate statement as to Dr. Vezza of the claimed acts of omission and/or commission, including specification of the procedures, diagnostic tests, examinations, medications, recommendations, and/or other medical treatment, constituting the alleged malpractice. 3. The manner in which Dr. Vezza violated Public Health Law 2803- §§ 2801-d and c. 4. The manner in which Dr. Vezza violated 10 NYCRR §§ 405 and 415. 5. The manner in which Dr. Vezza violated 42 CFR §§ 483.13, 483.20 and 483.25. 6. Dr. Vezza's wanton, reckless, malicious and reckless conduct. 1 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 7. Set forth any other statutes, ordinances and/or regulations which plaintiff claims Dr. Vezza violated. 8. Indicate whether Dr. Vezza's alleged liability is based upon care and treatment rendered by anyone other than her, and, if so, identify those persons reñdering such care or treatment and the nature of their alleged negligence. 9. The conditions, illnesses and/or injuries for which the decedent sought treatment with defendant. 10. The injuries which plaintiff claims the decedent suffered as a result of the alleged malpractice. 11. The injuries or damages which plaintiff claims resulted to the alleged violations of statutes and regulations. 12. The plaintiff and decedent's date of birth, addresses and social security numbers. 13. The medical cause of the decedent's death. 14. In respect to plaintiff's claim that decedent was incapacitated from gainful employment, specify: a) decedent's employer; b) gross salary; c) position; d) dates of disability from employment prior to death; e) the total amount of decedent's lost earnings prior to death; f) the total amount of claimed lost earnings; g) the period over which said damages are claimed; and h) the lost earnings incurred prior to and subsequent to decedent's death, which plaintiff claims on behalf of decedent's distributees. 15. The special damages which are claimed by plaintiff for: a) decedent's hospital expenses; b) decedent's physician services; c) decedent's nursing services; d) decedent's medical supplies; e) funeral expenses; and f) other expenses. 2 2 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 16. Indicate whether any of the expenses claimed above were paid by a collateral source payor, and, whether decedent and/or decedent's distributees and/or decedent's heirs have been reimbursed by a collateral source payor for all or a portion of the special damages claimed, specifying the amounts and source for such payments and/or reimbursements for: a) decedent's hospital expenses; b) decedent's physician services; c) decedent's nursing services; d) decedent's medical supplies; e) funeral expenses; and f) other expenses. 17. The names, addresses, relationship to the decedent and dates of birth for each of the decedent's distributees. 18. The amount of pecuniary loss which is claimed by each of decedent's distributees, specifying: a) the financial support given by the decedent to each distributee over the five years preceding decedent's death; and b) the nature of services rendered by the decedent to each distributee over the five years preceding decedent's death; and c) the period in which decedent was prevented from engaging in said occupation, profession or vocation; and d) the amount of income, earnings, and/or lost profits by reason of the decedent's alleged injuries or death. Dated: March 8, 2021 .... New York, New York Taglia, Esq. DWYER & TAGLIA, ESQS. Attorneys for Defendant ELENA VEZZA, M.D. 111 John Street, Suite 620 New York, New York 10038 (212) 227-6000 3 3 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 TO: GERSOWITZ LIBO & KOREK, P.C. Attorneys for Plaintiff 12th 111 Broadway, FlOOr New York, New York 10006 (212) 385-4410 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 11749 (631) 755-0101 4 4 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ------------------------------ -----------------x DEMAND FOR CARLTON L MOITT JR., as Administrator of RECORDS, the Estate of CYNTHIA MOITT, AUTHORIZATIONS, & RADIOLOGICAL Plaintiffs, IMAGES - against - THROGS NECK OPERATING CO. LLC., THROGS NECK REHABILITATION & NURSING CENTER Index # 35921/2020E and ELENA VEZZA, M.D., Defendants. ----------------------------------x Pursuant to C.P.L.R. § 3121(b) and 22 N.Y.C.R.R. § 202.17 et s_eg., defendant, ELENA VEZZA, M.D., through her attorneys, Dwyer & Taglia, Esqs., demaras that plaintiffs provide the following within twenty (20) days: 1) authorizations for all physicians, hospitals and health insurers, who treated, examined or saw the decedent for the injuries or conditions claimed alleged in the Complaint; and 2) x-ray films, including routing x-rays, MRIs, CT films and/or other radiographs which plaintiffs or codefendants will seek to introduce at trial. Dated: March 8, 2021 New York, New York beter aglia, Es . D ER & TAG IA, ESQS. Attorneys for Defendant ELENA VEZZA, M.D. 111 John Street, Suite 620 New York, New York 10038 (212) 227-6000 5 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 TO: GERSOWITZ LIBO & KOREK, P.C. Attorneys for Plaintiff 12th 111 Broadway, FlOOr New York, New York 10006 (212) 385-4410 LEWIS JOHS AVALLONE AVILES LLP Attorneys for Defendant THROGS NECK OPERATING CO., LLC and THROGS NECK REHABILITATION & NURSING CENTER One CA Plaza, Suite 225 Islandia, New York 11749 (631) 755-0101 6 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX --------------------------------------------x NOTICE FOR CARLTON L MOITT JR., as Administrator of DISCOVERY & the Estate of CYNTHIA MOITT, INSPECTION -against- Index No.: Plaintiff, 35921/2020E THROGS NECK OPERATING CO. LLC., THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. --------- ----------------------------------x Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demands that the plaintiffs provide the following items or copies of them within twenty (20) days: 1. The decedent's birth and death certificates; 2. Autopsy, post-mortem, coroners and all toxicology reports; 3. Funeral bill; 4. Letters of Administration; 5. All income tax returns filed by or on behalf of the decedent (federal and state) and all receipts maintained by or on his behalf for income tax reporting reasons for the five (5) years preceding his death; 6. All medical records previously exchanged or provided by the codefendants; 7. All depositions given by the parties or their witnesses; 8. All medical records, radiological studies, including films and/or discs, prescriptions, bills, correspondence, e-mails, referrals, prescriptions, sent to or received the plaintiff or her attorneys from the defendant or anyone who by worked with him; and 9. All bills, receipts, canceled checks, insurance statements, wage statements, or other documents that reflect the claimed special damages. 10. All notice of liens or claims for a right of subrogation. Dated: March 8, 2021 New York, New York 7 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 Peter R. , Esq. & TAGLIA, ESQS. Attorneys for Defendant ELENA VEZZA, M.D. 111 John Street, Suite 620 New York, New York 10038 (212) 227-6000 TO: GERSOWITZ LIBO & KOREK, P.C. Attorneys for Plaintiff 12* 111 Broadway, Floor New York, New York 10006 (212) 385-4410 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 11749 (631) 755-0101 2 8 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX -------------------------------------------------x DEMAND FOR CARLTON L MOITT JR., as Administrator of EXPERT DISCLOSURE the Estate of CYNTHIA MOITT, Index No.: Plaintiff, 35921/2020E - against - THROGS NECK OPERATING CO. LLC., THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. -----------------------x Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demands, pursuant to C.P.L.R. § 3101(d)(1)(i) and the authority of Thomas v. Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2nd Dept. 2002), that plaintiff and codefendants provide the following information within twenty (20) days with respect to each person she intends to call as an expert witness at trial: 1. The names and qualifications of each expert who will be called to testify at trial, including (omitting the names of physicians): a) The undergraduate colleges and medical schools attended by each expert, including the degrees, obtained by each expert, and years attended; b) The internship, residencies and/or fellowships completed by each expert; c) The jurisdictions in which each expert is licensed as a professional; experts' d) The specialties or subspecialties; and e) The expert's board certifications or board eligibility. 2. The substance of each expert's anticipated trial testimony as to the alleged lack of proper medical care (departures from the standard of care), treatment, causation and damages. 9 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 Dated: March 8, 2021 New York, New York D G A, ESQS. Attorneys for Defendant ELENA VEZZA, M.D. 111 John Street, Suite 620 New York, New York 10038 (212) 227-6000 TO: GERSOWITZ LIBO & KOREK, P.C. Attorneys for Plaintiff 12th 111 Broadway, FlOOr New York, New York 10006 (212) 385-4410 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 11749 (631) 755-0101 2 10 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX x DEMAND FOR CARLTON L MOITT JR., as Administrator of COLLATERAL the Estate of CYNTHIA MOITT, SOURCES Plaintiff, Index No.: 35921/2020E - against - THROGS NECK OPERATING CO. LLC., THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. ------------- -------------- x Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., dernands that the plaintiff provide, pursuant to C.P.L.R. §§ 3101 and 4545, copies of all canceled checks, receipts, contracts or other agreements whereby plaintiff and/or the decedent's estate has received or in the future is reasonably likely to receive payments for special damages incurred or to be incurred, as alleged in the Complaint. This information is to include: a) The payments or indemnity received from collateral sources for (past) special damages or economic losses, incurred to date; b) The reasonably certain payments or indemnity to be received by plaintiff from collateral sources for (future) special damages or economic losses; and c) The identity of each insurer (except life insurer) which has or is reasonably certain to provide payments or indemnity by: 1. names of insurer; 2. address of insurer; 3. name of insured; 4. policy or other identifying number; 5. the amount paid or reasonably certain to be paid. 6. any liens. 11 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 Dated: March 8, 2021 New York, New York Peter R. aglia, Esq. DW¥ER & TAGLIA, ESQS. Attorneys for Defendant ELENA VEZZA, M.D. 111 John Street, Suite 620 New York, New York 10038 (212) 227-6000 TO: GERSOWITZ LIBO & KOREK, P.C. Attorneys for Plaintiff 12th 111 Broadway, FlOOr New York, New York 10006 (212) 385-4410 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 11749 (631) 755-0101 2 12 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ---- ------- --------------x DEMAND FOR CARLTON L MOITT JR., as Administrator of WITNESSES, the Estate of CYNTHIA MOITT, STATEMENTS PHOTOS & VIDEOS Plaintiff, Index No.: - against - 35921/2020E THROGS NECK OPERATING CO. LLC., THROGS NECK REHABILITATION & NURSING CENTER and ELENA VEZZA, M.D., Defendants. ----------- -------x Defendant, ELENA VEZZA, M.D., by her attorneys, Dwyer & Taglia, Esqs., demands, pursuant to C.P.L.R. § 3101, that plaintiff and codefendants disclose witnesses, photographic/ video recordings, and party statements under oath within twenty (20) days after the service of this demand. WITNESSEjS Defendant demands that plaintiff and codefendants disclose within twenty (20) days or upon receipt of such information the name and address for each person known by you or your clients to be a witness to the following: 1. The injuries and/or medical conditions alleged in the Complaint; or 2. Any negligence and/or carelessness in services, treatment, procedures, and/or practices rendered by defendant to the decedent which allegedly caused the injuries and/or medical conditions alleged in the Complaint; or 3. Any failure to obtain informed consent of the decedent or treatment rendered by the defendant without her consent; 4. Any persons having knowledge with respect to any conversations, communications or writings with respect to the injuries and/or medical conditions referred to in the Complaint; or 13 of 19 FILED: BRONX COUNTY CLERK 03/08/2021 11:40 AM INDEX NO. 35921/2020E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 03/08/2021 5. Any persons having knowledge with respect to any items of special or general damages asserted by decedent, the plaintiff or any distributees claiming wrongful death damages. If you are unaware of any witnesses at this time, so state in the reply to this demand. This demand shall be considered continuous during the pendency of the within action, and should the parties whom you represent, or their representatives, learn the identity of any such witness as described, the defendant further demands that the name and address of such