Preview
FILED: BRONX COUNTY CLERK 05/13/2021 04:21 PM INDEX NO. 35490/2020E
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------------------------------------X
THOMAS GOLUBOFF,
Index No.: 35490/2020E
Plaintiff,
-against-
DEMAND FOR EXPERT
TROY NURSING AND REHABILITATION WITNESS INFORMATION
CENTER, LLC, TROY SNF REALTY LLC,
KENNETH ROZENBERG d/b/a CENTERS
HEALTH CARE, CLR TROY LLC,
Defendants.
--------------------------------------------------------------------X
COUNSELOR:
PLEASE TAKE NOTICE, pursuant to the N.Y.C.P.L.R., you are hereby required to
furnish the following information regarding each person you expect to call as an expert witness at
the trial of this action at the Law Offices of Raymond J. Iaia, 42 Catharine Street, Suite 108
Poughkeepsie, New York, 12601:
1. State the name and address of every expert retained or employed by you in
anticipation of this litigation or preparation for trial whom you expect to call as a witness at the
trial. For each, state the following:
a. The subject matter on which the expert is expected to testify.
b. The substance of the facts and opinions to which the expert is expected to
testify.
c. A brief summary of the grounds for each such opinion.
d. A brief chronological resume of each witness’ educational background and
professional background, including the associations or societies of which
each expert is a member.
e. Whether each named expert will testify as an expert at the trial of this action.
2. With respect to any and all proposed medical expert witnesses, indicate:
a. The area of expertise.
b. Educational background, including the name and address of each medical
school attended.
c. The name and address of each hospital at which an internship and residency
was served and the dates thereof.
d. The name and address of each hospital in which privileges of admitting
patients is extended, and the nature of the privilege.
e. The name and address of each hospital or university of affiliation.
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f. The state or states in which this individual was licensed to practice
medicine.
g. Each state in which this individual is actively engaged in the practice of
medicine.
h. Membership in any professional societies and the date of each such
membership.
i. The present board certifications and/or qualifications, if any, and the dates
thereof for each expert witness.
j. The subject matter of testimony for each expert, including whether it will
be claimed that the incident alleged in the complaint caused or contributed
to the injuries alleged and whether such injuries will have permanent
effects.
k. The substance of the facts and opinions of the expert testimony, including a
summary of the grounds for each opinion.
3. If you expect to call an economist or actuary, state:
a. A specific description of the losses for which such calculations will be made
(i.e., present value of the loss of future earnings, 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 the
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 testing concerning a growth of future income in 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 specifying the publication and location by the defendant.
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 specifically the source material and page number on which
such person bases his opinion or draws the facts on which he relied.
h. With regard to any information secured from any test, publication, graph,
chart or study other than as already designated above upon which the expert
relied in reaching his conclusions, describe or designate such publication or
matter in writing with sufficient specificity to permit its identification and
location by plaintiff.
i. In detail, state precisely the manner in which the person reached the
conclusions showing the mathematical calculations involved.
j. With regard to any report, memoranda, or any other matter in writing
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/13/2021
showing in whole or in part the expert’s conclusions or the facts upon which
such conclusions were based, state the date of such writing and the names
and addresses of persons having copies of it.
4. State the names, addresses and qualifications of all expert witnesses and other persons
known to defendant to have made studies or analyses as to the cause of the alleged injury involved
herein.
PLEASE TAKE FURTHER NOTICE that this demand shall be deemed a continuing
demand up to, and including, the time of trial of this matter.
Dated: Poughkeepsie, New York
May 13, 2021
Yours, etc.,
Law Office of Raymond J. Iaia
By:_____________________________________
Raymond J. Iaia
42 Catherine Street, Suite 108
Poughkeepsie, New York 12601
Tel. (845) 379-1917
TO: WILSON, ELSER, ET AL. LLP
Attorneys for Defendants
CLR TROY, LLC s/h/a TROY
NURSING AND REHABILITATION
CENTER LLC, TROY SNF REALTY
LLC and KENNETH ROZENBERG
d/b/a CENTERS HEALTH CARE
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No.: 20355.00091
3 of 3
Preview
FILED: BRONX COUNTY CLERK 05/13/2021 04:21 PM INDEX NO. 35490/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------X THOMAS GOLUBOFF, Index No.: 35490/2020E Plaintiff, -against- DEMAND FOR EXPERT TROY NURSING AND REHABILITATION WITNESS INFORMATION CENTER, LLC, TROY SNF REALTY LLC, KENNETH ROZENBERG d/b/a CENTERS HEALTH CARE, CLR TROY LLC, Defendants. --------------------------------------------------------------------X COUNSELOR: PLEASE TAKE NOTICE, pursuant to the N.Y.C.P.L.R., you are hereby required to furnish the following information regarding each person you expect to call as an expert witness at the trial of this action at the Law Offices of Raymond J. Iaia, 42 Catharine Street, Suite 108 Poughkeepsie, New York, 12601: 1. State the name and address of every expert retained or employed by you in anticipation of this litigation or preparation for trial whom you expect to call as a witness at the trial. For each, state the following: a. The subject matter on which the expert is expected to testify. b. The substance of the facts and opinions to which the expert is expected to testify. c. A brief summary of the grounds for each such opinion. d. A brief chronological resume of each witness’ educational background and professional background, including the associations or societies of which each expert is a member. e. Whether each named expert will testify as an expert at the trial of this action. 2. With respect to any and all proposed medical expert witnesses, indicate: a. The area of expertise. b. Educational background, including the name and address of each medical school attended. c. The name and address of each hospital at which an internship and residency was served and the dates thereof. d. The name and address of each hospital in which privileges of admitting patients is extended, and the nature of the privilege. e. The name and address of each hospital or university of affiliation. 1 of 3 FILED: BRONX COUNTY CLERK 05/13/2021 04:21 PM INDEX NO. 35490/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/13/2021 f. The state or states in which this individual was licensed to practice medicine. g. Each state in which this individual is actively engaged in the practice of medicine. h. Membership in any professional societies and the date of each such membership. i. The present board certifications and/or qualifications, if any, and the dates thereof for each expert witness. j. The subject matter of testimony for each expert, including whether it will be claimed that the incident alleged in the complaint caused or contributed to the injuries alleged and whether such injuries will have permanent effects. k. The substance of the facts and opinions of the expert testimony, including a summary of the grounds for each opinion. 3. If you expect to call an economist or actuary, state: a. A specific description of the losses for which such calculations will be made (i.e., present value of the loss of future earnings, 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 the 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 testing concerning a growth of future income in 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 specifying the publication and location by the defendant. 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 specifically the source material and page number on which such person bases his opinion or draws the facts on which he relied. h. With regard to any information secured from any test, publication, graph, chart or study other than as already designated above upon which the expert relied in reaching his conclusions, describe or designate such publication or matter in writing with sufficient specificity to permit its identification and location by plaintiff. i. In detail, state precisely the manner in which the person reached the conclusions showing the mathematical calculations involved. j. With regard to any report, memoranda, or any other matter in writing 2 of 3 FILED: BRONX COUNTY CLERK 05/13/2021 04:21 PM INDEX NO. 35490/2020E NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/13/2021 showing in whole or in part the expert’s conclusions or the facts upon which such conclusions were based, state the date of such writing and the names and addresses of persons having copies of it. 4. State the names, addresses and qualifications of all expert witnesses and other persons known to defendant to have made studies or analyses as to the cause of the alleged injury involved herein. PLEASE TAKE FURTHER NOTICE that this demand shall be deemed a continuing demand up to, and including, the time of trial of this matter. Dated: Poughkeepsie, New York May 13, 2021 Yours, etc., Law Office of Raymond J. Iaia By:_____________________________________ Raymond J. Iaia 42 Catherine Street, Suite 108 Poughkeepsie, New York 12601 Tel. (845) 379-1917 TO: WILSON, ELSER, ET AL. LLP Attorneys for Defendants CLR TROY, LLC s/h/a TROY NURSING AND REHABILITATION CENTER LLC, TROY SNF REALTY LLC and KENNETH ROZENBERG d/b/a CENTERS HEALTH CARE 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No.: 20355.00091 3 of 3