Preview
FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
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BARBARA LOPANE, Index No. EF008286-2021
Plaintiff, COMBINED DEMANDS
TO ALL PARTIES
- against -
TERESA C. KOLK, ORANGE COUNTY MEDI-COACH, INC.,
a/k/a MEDI-COACH, INC., and TASHENA LATOYA DAVIS,
Defendant.
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S I R S:
DEMAND FOR EXPERT INFORMATION
PLEASE TAKE NOTICE that the defendant, TASHENA LATOYA DAVIS, by his
attorney, The Law Office of Bryan R. Kaplan, hereby demand, pursuant to CPLR 3101(d), that the
plaintiff or the plaintiff's attorneys disclose the following:
1. The professional qualifications of each of the plaintiff's experts, commencing with medical
or other specialty school and continuing up to the present time.
2. The subject matter upon which each expert is expected to testify.
3. The substance of the facts and opinions upon which expert is expected to testify.
4. The opinion or opinions each expert will render at the time of trial.
5. A summary of the grounds for each expert's opinion.
6. Set forth the name and address of each person whom the plaintiff expects to call as an
expert witness at trial.
PLEASE TAKE FURTHER NOTICE that a response to this demand must be served
within twenty (20) days after receipt hereof. In the event that you are unable to respond within the
20-day period of time, please provide a response so indicating. PLEASE TAKE FURTHER
NOTICE that this is a continuing demand and plaintiff is required to provide the information
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demanded above when and if additional experts are retained by the plaintiff or the plaintiff's
attorneys or additional reports are submitted by plaintiff's experts to plaintiff or plaintiff's counsel.
PLEASE TAKE FURTHER NOTICE that failure to comply will result in an application
to the Court for appropriate sanctions.
DEMAND FOR COLLATERAL SOURCE
PLEASE TAKE NOTICE, the defendant herein, pursuant to CPLR Sections 3101 and
4545(a), hereby demands that the plaintiff provides said defendant with a verified statement with
respect to the following questions:
physicians'
1. If the plaintiff claims monetary damage by reason of expenses, state the name
and address of each physician who rendered medical care and treatment to the plaintiff, the amount
of each such physician's expense, and the amount received or the amount which plaintiff is entitled
to receive under any collateral source, including Blue Cross/Blue Shield or major medical
insurance coverage, or other disability insurance plan, for each such physician's expense. State
the name and address of the collateral source applicable for each of the physicians listed in
response to the above.
2. If the plaintiff claims monetary damage by reason of hospital expenses, state the name and
address of each hospital in which care and treatment was rendered to the plaintiff, the amount of
each such hospital expense and the amount received or the amount which plaintiff is entitled to
receive under collateral source, including Blue Cross/Blue Shield or major medical insurance
any
coverage, or other disability insurance plan for each such hospital expense. State the name and
address of the collateral source applicable for each of the hospitals listed in response to the above.
3. If the plaintiff claims monetary damages by reason of any other medical costs, including
service, home care, medication or medical apparatus, state the amount of each of these
nursing
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expenses, the name and address of each payee, and the amount received or the amount which
plaintiff is entitled to receive under any collateral source including Blue Cross/Blue Shield or
major medical insurance coverage, or other disability insurance plan, for each of these expenses.
State the name and address of the collateral source applicable for each of the payees listed in
response to the above.
4. If the plaintiff claims monetary damages in the nature of lost earnings, state the alleged
amount of the lost earnings; the alleged gross wage immediately prior to the accident; the name
and address of the employer; the amount of remuneration received for wages and the source of
Workers'
said remuneration after the accident, including Compensation, union benefits,
employees'
benefit plans, 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 (except those benefits provided
Workers' employees'
under Title XVIII of the Social Security Act), Compensation, or benefits
programs, except such collateral sources entitled by law to liens against any recovery for the
plaintiff.
DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, that the defendant herein, by and through his attorney, The
Law Office of Bryan R. Kaplan, hereby demands that a copy of any statements taken from this
answering defendant, his servants, agents and/or employees, by or on behalf of any party
concerning the occurrence set forth in plaintiff's Complaint herein be furnished to the aforesaid
attorneys pursuant to CPLR 3101(e). PLEASE TAKE FURTHER NOTICE that it is demanded
that within twenty (20) days of the service of this notice upon you, that this answering defendant
receive copies of said statements or a notice stating that you have no such statements.
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DEMAND FOR WITNESSES
PLEASE TAKE NOTICE that pursuant to CPLR Section 3101(a) and Rule 3120(a), and
the case of Zellman v. Metropolitan Transportation Authority, 40 App. Div. 2nd 248, 339 NYS 2d
255, the undersigned respectfully demands that within twenty (20) days you produce for discovery
the following:
1. Names and addresses of all persons claimed by any party to have either witnessed the
accident or to have firsthand knowledge of its occurrence, whether obtained by the party at the
scene of the accident or thereafter obtained by their attorney or representatives. If no such persons
are known to the parties or their attorney or representatives, so state in reply to this demand.
2. Attach to your response hereto, the names and addresses of all witnesses claimed by the
parties to have had notice of the allegedly dangerous and unsafe condition of the area in question
as alleged in the plaintiff's Complaint, whether or not said witness shall testify pertaining to said
notice at the time of trial. If the names of said notice witnesses are not provided pursuant to this
notice for discovery and inspection, the defendants herein shall object to their testimony at the
time of trial.
3. Name and address of every witness to plaintiff's claimed injuries, abilities prior to the
accident, work related physical condition or other damages related witness.
4. Name and address of any witness plaintiff intends to call at the time of trial.
PLEASE TAKE FURTHER NOTICE that if the parties or their representatives obtain
names and addresses of persons who witnessed the accident or have firsthand knowledge of its
occurrence subsequent to the service of this notice, such information must be furnished to the
undersigned. If this notice is ignored, the defendant will object at the time of trial to the testimony
of any persons not so identified.
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DEMAND FOR PHOTOGRAPHS
PLEASE TAKE NOTICE that pursuant to Section 3120 of the Civil Practice Law and
Rules, the defendant herein demands that the parties produce and permit discovery by the said
defendant, his attorney, or others acting on his behalf, within twenty (20) days after the receipt of
this notice, of the following articles, documents and things for inspection, copying, testing and
photographing:
l. Duplicate originals of photographs in the possession of the any party or their
representatives, depicting the condition and scene of the alleged occurrence, namely, the location
of the accident or the instrumentalities involved.
2. Duplicate originals of photographs in the possession of the plaintiff or plaintiff's
plaintiffs'
representatives, which depict any of the injuries alleged in the Complaint.
3. Any photographs, videotapes, electronic media or other pictorial depictions plaintiffs
intend to utilize at the time of trial.
PLEASE TAKE FURTHER NOTICE that unless the above demand is complied with
within twenty (20) days, an application will be made to compel compliance herewith.
DEMAND FOR INTERNET/WEB BASED SOCIAL
MEDIA AND/OR NETWORKING WEBSITES
PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR §3101 and Rule 3120,
the undersigned hereby demands the following:
1. Original executed authorization(s) for full access to and copies of any and all of
duly
plaintiff's current and historical content on any Internet/web based social media and/or networking
websites, including but not limited to, Facebook, MySpace, Twitter, LinkedIn, Google, etc.,
including all site materials, deleted pages, related information, personal information, comments,
messages, photographs and videos and logged IP addresses, as well as preservation of the
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022
materials. The authorization(s) should include the e-mail address linked to each account and any
other identifying information linked to each account. If no such social networking account exists,
provide an affidavit to this effect.
plaintiffs'
2. A demand is herein made for the preservation of all of the Internet/web based
social networking websites and accounts, including the preservation of all photographs, video
recordings, essays, e-mails, blogs, chat room discussions and statements contained within or
plaintiffs'
associated with the Facebook, MySpace, Twitter, LinkedIn, etc. accounts.
3. These demands shall be deemed to continue during the pendency of this action, if
any of the above-requested information or documents are subsequently obtained.
PLEASE TAKE FURTHER NOTICE, that all of the foregoing are continuing demands
and that if any of the above items are obtained after the date of this Demand, they are to be
furnished to The Law Office of Bryan R. Kaplan, pursuant to these demands.
Dated: Rock Hill, New York
February 10, 2022 Yours, etc.,
By:
ryan R. Kaplan
The Law Office of Bryan R. Kaplan
P.O. Box 1000
Rock Hill, New York 12775
(845) 733-8010
Attorney for Defendant,
TASHENA LATOYA DAVIS
TO:
Dupee & Monroe, P.C.
211 Main Street, Box 470
Goshen, New York 10924
(845) 294-8900
Attorneys for Plaintiff
Teresa C. Kolk
76 Uhlig Road, Apt. B117
Middletown, New York 10940
Defendant Pro Se
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Orange County Medi-Coach, Inc.
86 Cottage Street
Middletown, New York 10940
Defendant Pro Se
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Preview
FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE --------------------------------------------------------------------------X BARBARA LOPANE, Index No. EF008286-2021 Plaintiff, COMBINED DEMANDS TO ALL PARTIES - against - TERESA C. KOLK, ORANGE COUNTY MEDI-COACH, INC., a/k/a MEDI-COACH, INC., and TASHENA LATOYA DAVIS, Defendant. --------------------------------------------------------------------------X S I R S: DEMAND FOR EXPERT INFORMATION PLEASE TAKE NOTICE that the defendant, TASHENA LATOYA DAVIS, by his attorney, The Law Office of Bryan R. Kaplan, hereby demand, pursuant to CPLR 3101(d), that the plaintiff or the plaintiff's attorneys disclose the following: 1. The professional qualifications of each of the plaintiff's experts, commencing with medical or other specialty school and continuing up to the present time. 2. The subject matter upon which each expert is expected to testify. 3. The substance of the facts and opinions upon which expert is expected to testify. 4. The opinion or opinions each expert will render at the time of trial. 5. A summary of the grounds for each expert's opinion. 6. Set forth the name and address of each person whom the plaintiff expects to call as an expert witness at trial. PLEASE TAKE FURTHER NOTICE that a response to this demand must be served within twenty (20) days after receipt hereof. In the event that you are unable to respond within the 20-day period of time, please provide a response so indicating. PLEASE TAKE FURTHER NOTICE that this is a continuing demand and plaintiff is required to provide the information 1 of 7 FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 demanded above when and if additional experts are retained by the plaintiff or the plaintiff's attorneys or additional reports are submitted by plaintiff's experts to plaintiff or plaintiff's counsel. PLEASE TAKE FURTHER NOTICE that failure to comply will result in an application to the Court for appropriate sanctions. DEMAND FOR COLLATERAL SOURCE PLEASE TAKE NOTICE, the defendant herein, pursuant to CPLR Sections 3101 and 4545(a), hereby demands that the plaintiff provides said defendant with a verified statement with respect to the following questions: physicians' 1. If the plaintiff claims monetary damage by reason of expenses, state the name and address of each physician who rendered medical care and treatment to the plaintiff, the amount of each such physician's expense, and the amount received or the amount which plaintiff is entitled to receive under any collateral source, including Blue Cross/Blue Shield or major medical insurance coverage, or other disability insurance plan, for each such physician's expense. State the name and address of the collateral source applicable for each of the physicians listed in response to the above. 2. If the plaintiff claims monetary damage by reason of hospital expenses, state the name and address of each hospital in which care and treatment was rendered to the plaintiff, the amount of each such hospital expense and the amount received or the amount which plaintiff is entitled to receive under collateral source, including Blue Cross/Blue Shield or major medical insurance any coverage, or other disability insurance plan for each such hospital expense. State the name and address of the collateral source applicable for each of the hospitals listed in response to the above. 3. If the plaintiff claims monetary damages by reason of any other medical costs, including service, home care, medication or medical apparatus, state the amount of each of these nursing 2 of 7 FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 expenses, the name and address of each payee, and the amount received or the amount which plaintiff is entitled to receive under any collateral source including Blue Cross/Blue Shield or major medical insurance coverage, or other disability insurance plan, for each of these expenses. State the name and address of the collateral source applicable for each of the payees listed in response to the above. 4. If the plaintiff claims monetary damages in the nature of lost earnings, state the alleged amount of the lost earnings; the alleged gross wage immediately prior to the accident; the name and address of the employer; the amount of remuneration received for wages and the source of Workers' said remuneration after the accident, including Compensation, union benefits, employees' benefit plans, 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 (except those benefits provided Workers' employees' under Title XVIII of the Social Security Act), Compensation, or benefits programs, except such collateral sources entitled by law to liens against any recovery for the plaintiff. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, that the defendant herein, by and through his attorney, The Law Office of Bryan R. Kaplan, hereby demands that a copy of any statements taken from this answering defendant, his servants, agents and/or employees, by or on behalf of any party concerning the occurrence set forth in plaintiff's Complaint herein be furnished to the aforesaid attorneys pursuant to CPLR 3101(e). PLEASE TAKE FURTHER NOTICE that it is demanded that within twenty (20) days of the service of this notice upon you, that this answering defendant receive copies of said statements or a notice stating that you have no such statements. 3 of 7 FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 DEMAND FOR WITNESSES PLEASE TAKE NOTICE that pursuant to CPLR Section 3101(a) and Rule 3120(a), and the case of Zellman v. Metropolitan Transportation Authority, 40 App. Div. 2nd 248, 339 NYS 2d 255, the undersigned respectfully demands that within twenty (20) days you produce for discovery the following: 1. Names and addresses of all persons claimed by any party to have either witnessed the accident or to have firsthand knowledge of its occurrence, whether obtained by the party at the scene of the accident or thereafter obtained by their attorney or representatives. If no such persons are known to the parties or their attorney or representatives, so state in reply to this demand. 2. Attach to your response hereto, the names and addresses of all witnesses claimed by the parties to have had notice of the allegedly dangerous and unsafe condition of the area in question as alleged in the plaintiff's Complaint, whether or not said witness shall testify pertaining to said notice at the time of trial. If the names of said notice witnesses are not provided pursuant to this notice for discovery and inspection, the defendants herein shall object to their testimony at the time of trial. 3. Name and address of every witness to plaintiff's claimed injuries, abilities prior to the accident, work related physical condition or other damages related witness. 4. Name and address of any witness plaintiff intends to call at the time of trial. PLEASE TAKE FURTHER NOTICE that if the parties or their representatives obtain names and addresses of persons who witnessed the accident or have firsthand knowledge of its occurrence subsequent to the service of this notice, such information must be furnished to the undersigned. If this notice is ignored, the defendant will object at the time of trial to the testimony of any persons not so identified. 4 of 7 FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 DEMAND FOR PHOTOGRAPHS PLEASE TAKE NOTICE that pursuant to Section 3120 of the Civil Practice Law and Rules, the defendant herein demands that the parties produce and permit discovery by the said defendant, his attorney, or others acting on his behalf, within twenty (20) days after the receipt of this notice, of the following articles, documents and things for inspection, copying, testing and photographing: l. Duplicate originals of photographs in the possession of the any party or their representatives, depicting the condition and scene of the alleged occurrence, namely, the location of the accident or the instrumentalities involved. 2. Duplicate originals of photographs in the possession of the plaintiff or plaintiff's plaintiffs' representatives, which depict any of the injuries alleged in the Complaint. 3. Any photographs, videotapes, electronic media or other pictorial depictions plaintiffs intend to utilize at the time of trial. PLEASE TAKE FURTHER NOTICE that unless the above demand is complied with within twenty (20) days, an application will be made to compel compliance herewith. DEMAND FOR INTERNET/WEB BASED SOCIAL MEDIA AND/OR NETWORKING WEBSITES PLEASE TAKE FURTHER NOTICE, that, pursuant to CPLR §3101 and Rule 3120, the undersigned hereby demands the following: 1. Original executed authorization(s) for full access to and copies of any and all of duly plaintiff's current and historical content on any Internet/web based social media and/or networking websites, including but not limited to, Facebook, MySpace, Twitter, LinkedIn, Google, etc., including all site materials, deleted pages, related information, personal information, comments, messages, photographs and videos and logged IP addresses, as well as preservation of the 5 of 7 FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 materials. The authorization(s) should include the e-mail address linked to each account and any other identifying information linked to each account. If no such social networking account exists, provide an affidavit to this effect. plaintiffs' 2. A demand is herein made for the preservation of all of the Internet/web based social networking websites and accounts, including the preservation of all photographs, video recordings, essays, e-mails, blogs, chat room discussions and statements contained within or plaintiffs' associated with the Facebook, MySpace, Twitter, LinkedIn, etc. accounts. 3. These demands shall be deemed to continue during the pendency of this action, if any of the above-requested information or documents are subsequently obtained. PLEASE TAKE FURTHER NOTICE, that all of the foregoing are continuing demands and that if any of the above items are obtained after the date of this Demand, they are to be furnished to The Law Office of Bryan R. Kaplan, pursuant to these demands. Dated: Rock Hill, New York February 10, 2022 Yours, etc., By: ryan R. Kaplan The Law Office of Bryan R. Kaplan P.O. Box 1000 Rock Hill, New York 12775 (845) 733-8010 Attorney for Defendant, TASHENA LATOYA DAVIS TO: Dupee & Monroe, P.C. 211 Main Street, Box 470 Goshen, New York 10924 (845) 294-8900 Attorneys for Plaintiff Teresa C. Kolk 76 Uhlig Road, Apt. B117 Middletown, New York 10940 Defendant Pro Se 6 of 7 FILED: ORANGE COUNTY CLERK 02/11/2022 03:23 PM INDEX NO. EF008286-2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/11/2022 Orange County Medi-Coach, Inc. 86 Cottage Street Middletown, New York 10940 Defendant Pro Se 7 of 7