Preview
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
MTAl 1255
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------- -X
MARIA LUZ VICENTE,
Index No.: 719685/2020
Plaintiff,
CERTIFICATION
-against- PURSUANT TO
S130-1.1-A
NEW YORK CITY TRANSIT AUTHORITY, MTA
BUS COMPANY, METROPOLITAN TRANSIT
AUTHORITY, and BRENDA J. RODRIGUEZ
PRUTTS,
Defendants.
X
A T T O R N E Y S :
The accompanying papers are being served pursuant to Section 130-1.1-A:
1. Demand for Authorizations and Physical Examination Reports
2. Demand for Medical Certificates
3. Demand for Collateral Source
4. Notice of Discovery for Collateral Source Reimbursement
5. Notice for and Inspection for Medical Records of Prior Treatment
Discovery
6. Demand for Statements
7. Notice of Discovery and Inspection for Defendants Statements not Reduced to
Writing
8. Notice of Discovery and Demand for Inspection of Witnesses
9. Demand for Authorization to Obtain Employment Records
10. Notice to Produce Income Tax Records
11. Notice for Discovery and Inspection of Expert Witnesses
12. Notice of Discovery and Demand for Inspection of Photographs
13. Notice to Take Deposition Upon Oral Examination
14. Notice Pursuant to CPLR §2103(b)(5)
1 of 51
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15. Demand for Physical Examination
16. Notice for Discovery and Inspection
17. Demand for Index Number
18. Demand for Ad Damnum
19. Notice to Produce Social Media Authorizations and to Preserve Social Media
Information
20. Dernand for Immigration Documents
21. Demand For Records Obtained Through F.O.I.L. Requests
22. E-Discovery and Social Media Demand and Litigation Hold
23. Demand for Litigation Funding Co. Infor ation and
Document4
Dated: New York, New York
April 16, 2021
MICHAEL AR1 I
ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendants
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT AUTHORITY
and BRENDA RODRIGUEZ PRATTS
i/s/h/a BRENDA J. RODRIGUEZ PRUTTS
39 Broadway, Suite 520
New York, New York 10006-3034
(212) 809-7074
TO: SILBERSTEIN, AWAD & MIKLOS, P.C
Attorneys for Plaintiff
600 Old Country Road, Suite 505
Garden City, NY 11530
(516) 832-777
2 of 51
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NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
MTA11255
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------ -X
MARIA LUZ VICENTE,
Index No.: 719685/2020
Plaintiff,
DEMAND FOR
-against- AUTHORIZATIONS
AND PHYSICAL
EXAMINATION REPORTS
NEW YORK CITY TRANSIT AUTHORITY, MTA
BUS COMPANY, METROPOLITAN TRANSIT
AUTHORITY, and BRENDA J. RODRIGUEZ
PRUTTS,
Defendants.
------ -------------------- -------X
A T T O R N E Y S :
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby
requested to produce and permit the Defendants, through its attorneys, to inspect, copy, test, and/or
photograph the following specific documents in your possession, control and/or custody:
1. HIPAA-compliant authorizations to obtain medical records, lab reports, x-rays and
other materials related to treatment provided to the Plaintiff by the following health
care providers:
a. Hospitals, specifying complete names and addresses.
b. Doctors, specifying complete names and addresses.
c. Nurses and therapists, specifying complete names and addresses.
Please note: To properly comply with this demand, ALL portions of OCA form No. 960
sections 9 (a) and 9 (b) must be filled out or the ñamcd health care provider will not honor the
authorization.
2. All medical reports, records and hospital charts upon which the Plaintiff will rely at
the time of trial.
PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making the
3 of 51
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
inspection, copying, testing and photographing as specified above is designated to be made at the
offices of ARMIENTI, DeBELLIS & RHODEN, LLP
PLEASE TAKE FURTHER NOTICE, that after receipt of the above-specified doctunents
and receipt of the Verified Bill of Particulars herein, Defendants, will, pursuant to Section 3121 of
the CPLR, demand physical examination of the Plaintiff herein.
Dated: New York, New York
April 16, 2021
YOURS, etc.
ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendants
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT AUTHORITY
and BRENDA RODRIGUEZ PRATTS
i/s/h/a BRENDA J. RODRIGUEZ PRUTTS
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074
TO: SILBERSTEIN, AWAD & MIKLOS, P.C
Attorneys for Plaintiff
600 Old Country Road, Suite 505
Garden City, NY 11530
(516) 832-777
4 of 51
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MTA11255
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------. X
MARIA LUZ VICENTE,
Index No.: 719685/2020
Plaintiff,
DEMAND FOR
-against- MEDICAL
CERTIFICATES
NEW YORK CITY TRANSIT AUTHORITY, MTA
BUS COMPANY, METROPOLITAN TRANSIT
AUTHORITY, and BRENDA J. RODRIGUEZ
PRUTTS,
Defendants.
X
A T T O R N E Y S :
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby
requested to produce and permit the Defendants and its attorneys within twenty (20) days of this
date, to inspect, copy, test and/or photograph the following specified documents in your possession,
control, and/or custody:
1. Any and all medical record, Autopsy Reports, reports, and any and all
hospital records, charts, and Autopsy Reports and HIPAA-compliant
authorizations upon which the plaintiff will rely at the time of trial.
PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making of the
inspection, copying, testing and phetographing as specified above is designated to be made at the
offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway, Suite 520, New York, New
York 10006.
PLEASE TAKE FURTHER NOTICE, that after receipt of the above specified documents
and receipt of the Verified Bill of Particulars herein, Defendants will, pursuant to Section 3121 of
5 of 51
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NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
the CPLR, demand physical examination of the Plaintiff herein.
Dated: New York, New York
April 16, 2021
YOURS, etc.
ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendants
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT AUTHORITY
and BRENDA RODRIGUEZ PRATTS
i/s/h/a BRENDA J. RODRIGUEZ PRUTTS
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074
TO: SILBERSTEIN, AWAD & MIKLOS, P.C
Attorneys for Plaintiff
600 Old Country Road, Suite 505
Garden City, NY 11530
(516) 832-777
6 of 51
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
MTAl 1255
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---- --- X
MARIA LUZ VICENTE,
Index No.: 719685/2020
Plaintiff,
DEMAND FOR
-against- COLLATERAL SOURCE
NEW YORK CITY TRANSIT AUTHORITY, MTA
BUS COMPANY, METROPOLITAN TRANSIT
AUTHORITY, and BRENDA J. RODRIGUEZ
PRUTTS,
Defendants.
____.._..___ _______...____________..X
A T T O R N E Y S :
PLEASE TAKE NOTICE, that ARMIENTI, DeBELLIS & RHODEN, LLP, attorneys for
the answering Defendants in the action, demand that you produce the following listed items at the
offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway, Suite 520, New York, New
York, within thirty (30) days of the date of this Notice.
1. HIPAA-compliant authorizations enabling counsel for the Defendants to obtain all
records of collateral source reimbursement or payment of medical expenses together
with such identifying data as will enable the custodiaii of such documents to readily
identify the records requested including all Blue Cross and Blue Shield payments.
2. All bills, receipts, canceled checks, insurance forms and other documents related to
the treatment and/or expenses claimed to have been required by plaintiff as a result
of the occurrence stated in plaintiffs complaint.
PLEASE TAKE FURTHER NOTICE, that each authorization produced in respailse to this
notice shall include the complete name and mailing address of the present custodian of the subject
documents, as well as such dates and other identifying information as will be required by said
7 of 51
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
custodian in order to locate and identify said documents.
PLEASE TAKE FURTHER NOTICE, that those items other than authorizations called for
in this notice shall be photographed or copied in some other appropriate fashion and then returned to
the person who produces them.
Dated: New York, New York
April 16, 2021
YOURS, etc.
ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendants
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT AUTHORITY
and BRENDA RODRIGUEZ PRATTS
i/s/h/a BRENDA J. RODRIGUEZ PRUTTS
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074
TO: SILBERSTEIN, AWAD & MIKLOS, P.C
Attorneys for Plaintiff
600 Old Country Road, Suite 505
Garden City, NY 11530
(516) 832-777
8 of 51
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NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
MTA11255
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
x
MARIA LUZ VICENTE,
Index No.: 719685/2020
Plaintiff,
NOTICE OF
-against- DISCOVERY FOR
COLLATERAL SOURCE
NEW YORK CITY TRANSIT MTA REIMBURSEMENT
AUTHORITY,
BUS COMPANY, METROPOLITAN TRANSIT
AUTHORITY, and BRENDA J. RODRIGUEZ
PRUTTS,
Defendants.
...-...--.....-......................--------- X
A T T O R N E Y S :
PLEASE TAKE NOTICE that pursuant to CPLR 4010, the Plaintiff is/are hereby required
to produce for discovery, inspection and copying by counsel for Defendants, the following:
1. All documents in the plaintiffs possession with respect to reimbursement which the
Plaintiff has/have received from collateral sources for the cost of medical care,
custodial care, rehabilitation sources, loss of earnings and other economic loss which
the plaintiffs will claim as special damages in this action.
2. Such documents shall include any and all bills and invoices for the services rendered
and cancelled checks or receipts with respect to their payment, correspondence,
health and disability forms, and Medicare and Medicaid forms.
3. Duly executed HIPAA-compliant authorizations permitting the Defendants to obtain
the records of any person, institution, facility, or governmental agency which has
provided, or will provide any reimbursement for any of the special damages alleged
herein, whether or not such person, organization, facility or governmental agency
has been listed in response to paragraph 1, above.
It is requested that the aforesaid production be made within twenty (20) days of the date
herein at 10:00 a.m., at the law offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39
Broadway, Suite 520, New York, New York 10006.
In the event the Plaintiff possesses no documents with respect to reimburseinent, demand is
9 of 51
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
made for executed and currently acknowledged authorizations to obtain copies of records from
collateral sources, which authorizations shall include the complete name, address and claim number
of the reimbursing party.
In lieu of said discovery and inspection, photocopies of all documents may be forwarded to
the offices of ARMIENTI, DeBELLIS & RHODEN, LLP, prior to said date of discovery.
Dated: New York, New York
April 16, 2021
YOURS, etc.
ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendants
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT AUTHORITY
and BRENDA RODRIGUEZ PRATTS
i/s/h/a BRENDA J. RODRIGUEZ PRUTTS
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074
TO: SILBERSTEIN, AWAD & MIKLOS, P.C
Attorneys for Plaintiff
600 Old Country Road, Suite 505
Garden City, NY 11530
(516) 832-777
10 of 51
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021
MTA11255
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
X
MARIA LUZ VICENTE,
Index No.: 719685/2020
Plaintiff,
NOTICE FOR
-against- DISCOVERY AND
INSPECTION FOR
MEDICAL RECORDS OF
NEW YORK CITY TRANSIT AUTHORITY, MTA
PRIOR TREATMENT
BUS COMPANY, METROPOLITAN TRANSIT
AUTHORITY, and BRENDA J. RODRIGUEZ
PRUTTS,
Defendants.
X
A T T O R N E Y S :
PLEASE TAKE NOTICE, that the Plaintiff is/are hereby required to produce for discovery,
inspection and copying by counsel for Defendants, the following:
1. The names and addresses of any physicians, medical institutions, medical personnel,
nursing services or hospitals whom the Plaintiff saw, consulted with, or received
advice from prior to the alleged injuries suffered by the Plaintiff.
2. HIPAA-compliant authorizations to obtain reports and records of the aforesaid
physicians, institutions, niedical personnel, hospitals and/or nursing services.
It is requested that the aforesaid production be made within twenty (20) days of the date
herein at 10:00 a.m., at the offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway,
Suite 520, New York, New York 10006. Inspection will be made and copying will be done at the
defendant's expense, and the documents will be promptly returned after copying has been
completed.
11 of 51
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Dated: New York, New York
April 16, 2021
YOURS, etc.
ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendants
NEW YORK CITY TRANSIT
AUTHORITY, MTA BUS COMPANY,
METROPOLITAN TRANSIT AUTHORITY
and BRENDA RODRIGUEZ PRATTS
i/s/h/a BRENDA J. RODRIGUEZ PRUTTS
39 Broadway, Su
Preview
FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 MTAl 1255 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------- -X MARIA LUZ VICENTE, Index No.: 719685/2020 Plaintiff, CERTIFICATION -against- PURSUANT TO S130-1.1-A NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY, and BRENDA J. RODRIGUEZ PRUTTS, Defendants. X A T T O R N E Y S : The accompanying papers are being served pursuant to Section 130-1.1-A: 1. Demand for Authorizations and Physical Examination Reports 2. Demand for Medical Certificates 3. Demand for Collateral Source 4. Notice of Discovery for Collateral Source Reimbursement 5. Notice for and Inspection for Medical Records of Prior Treatment Discovery 6. Demand for Statements 7. Notice of Discovery and Inspection for Defendants Statements not Reduced to Writing 8. Notice of Discovery and Demand for Inspection of Witnesses 9. Demand for Authorization to Obtain Employment Records 10. Notice to Produce Income Tax Records 11. Notice for Discovery and Inspection of Expert Witnesses 12. Notice of Discovery and Demand for Inspection of Photographs 13. Notice to Take Deposition Upon Oral Examination 14. Notice Pursuant to CPLR §2103(b)(5) 1 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 15. Demand for Physical Examination 16. Notice for Discovery and Inspection 17. Demand for Index Number 18. Demand for Ad Damnum 19. Notice to Produce Social Media Authorizations and to Preserve Social Media Information 20. Dernand for Immigration Documents 21. Demand For Records Obtained Through F.O.I.L. Requests 22. E-Discovery and Social Media Demand and Litigation Hold 23. Demand for Litigation Funding Co. Infor ation and Document4 Dated: New York, New York April 16, 2021 MICHAEL AR1 I ARMIENTI, DeBELLIS & RHODEN, LLP Attorneys for Defendants NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA RODRIGUEZ PRATTS i/s/h/a BRENDA J. RODRIGUEZ PRUTTS 39 Broadway, Suite 520 New York, New York 10006-3034 (212) 809-7074 TO: SILBERSTEIN, AWAD & MIKLOS, P.C Attorneys for Plaintiff 600 Old Country Road, Suite 505 Garden City, NY 11530 (516) 832-777 2 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 MTA11255 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------ -X MARIA LUZ VICENTE, Index No.: 719685/2020 Plaintiff, DEMAND FOR -against- AUTHORIZATIONS AND PHYSICAL EXAMINATION REPORTS NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY, and BRENDA J. RODRIGUEZ PRUTTS, Defendants. ------ -------------------- -------X A T T O R N E Y S : PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby requested to produce and permit the Defendants, through its attorneys, to inspect, copy, test, and/or photograph the following specific documents in your possession, control and/or custody: 1. HIPAA-compliant authorizations to obtain medical records, lab reports, x-rays and other materials related to treatment provided to the Plaintiff by the following health care providers: a. Hospitals, specifying complete names and addresses. b. Doctors, specifying complete names and addresses. c. Nurses and therapists, specifying complete names and addresses. Please note: To properly comply with this demand, ALL portions of OCA form No. 960 sections 9 (a) and 9 (b) must be filled out or the ñamcd health care provider will not honor the authorization. 2. All medical reports, records and hospital charts upon which the Plaintiff will rely at the time of trial. PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making the 3 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 inspection, copying, testing and photographing as specified above is designated to be made at the offices of ARMIENTI, DeBELLIS & RHODEN, LLP PLEASE TAKE FURTHER NOTICE, that after receipt of the above-specified doctunents and receipt of the Verified Bill of Particulars herein, Defendants, will, pursuant to Section 3121 of the CPLR, demand physical examination of the Plaintiff herein. Dated: New York, New York April 16, 2021 YOURS, etc. ARMIENTI, DeBELLIS & RHODEN, LLP Attorneys for Defendants NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA RODRIGUEZ PRATTS i/s/h/a BRENDA J. RODRIGUEZ PRUTTS 39 Broadway, Suite 520 New York, New York 10006 (212) 809-7074 TO: SILBERSTEIN, AWAD & MIKLOS, P.C Attorneys for Plaintiff 600 Old Country Road, Suite 505 Garden City, NY 11530 (516) 832-777 4 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 MTA11255 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------. X MARIA LUZ VICENTE, Index No.: 719685/2020 Plaintiff, DEMAND FOR -against- MEDICAL CERTIFICATES NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY, and BRENDA J. RODRIGUEZ PRUTTS, Defendants. X A T T O R N E Y S : PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby requested to produce and permit the Defendants and its attorneys within twenty (20) days of this date, to inspect, copy, test and/or photograph the following specified documents in your possession, control, and/or custody: 1. Any and all medical record, Autopsy Reports, reports, and any and all hospital records, charts, and Autopsy Reports and HIPAA-compliant authorizations upon which the plaintiff will rely at the time of trial. PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making of the inspection, copying, testing and phetographing as specified above is designated to be made at the offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway, Suite 520, New York, New York 10006. PLEASE TAKE FURTHER NOTICE, that after receipt of the above specified documents and receipt of the Verified Bill of Particulars herein, Defendants will, pursuant to Section 3121 of 5 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 the CPLR, demand physical examination of the Plaintiff herein. Dated: New York, New York April 16, 2021 YOURS, etc. ARMIENTI, DeBELLIS & RHODEN, LLP Attorneys for Defendants NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA RODRIGUEZ PRATTS i/s/h/a BRENDA J. RODRIGUEZ PRUTTS 39 Broadway, Suite 520 New York, New York 10006 (212) 809-7074 TO: SILBERSTEIN, AWAD & MIKLOS, P.C Attorneys for Plaintiff 600 Old Country Road, Suite 505 Garden City, NY 11530 (516) 832-777 6 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 MTAl 1255 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---- --- X MARIA LUZ VICENTE, Index No.: 719685/2020 Plaintiff, DEMAND FOR -against- COLLATERAL SOURCE NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY, and BRENDA J. RODRIGUEZ PRUTTS, Defendants. ____.._..___ _______...____________..X A T T O R N E Y S : PLEASE TAKE NOTICE, that ARMIENTI, DeBELLIS & RHODEN, LLP, attorneys for the answering Defendants in the action, demand that you produce the following listed items at the offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway, Suite 520, New York, New York, within thirty (30) days of the date of this Notice. 1. HIPAA-compliant authorizations enabling counsel for the Defendants to obtain all records of collateral source reimbursement or payment of medical expenses together with such identifying data as will enable the custodiaii of such documents to readily identify the records requested including all Blue Cross and Blue Shield payments. 2. All bills, receipts, canceled checks, insurance forms and other documents related to the treatment and/or expenses claimed to have been required by plaintiff as a result of the occurrence stated in plaintiffs complaint. PLEASE TAKE FURTHER NOTICE, that each authorization produced in respailse to this notice shall include the complete name and mailing address of the present custodian of the subject documents, as well as such dates and other identifying information as will be required by said 7 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 custodian in order to locate and identify said documents. PLEASE TAKE FURTHER NOTICE, that those items other than authorizations called for in this notice shall be photographed or copied in some other appropriate fashion and then returned to the person who produces them. Dated: New York, New York April 16, 2021 YOURS, etc. ARMIENTI, DeBELLIS & RHODEN, LLP Attorneys for Defendants NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA RODRIGUEZ PRATTS i/s/h/a BRENDA J. RODRIGUEZ PRUTTS 39 Broadway, Suite 520 New York, New York 10006 (212) 809-7074 TO: SILBERSTEIN, AWAD & MIKLOS, P.C Attorneys for Plaintiff 600 Old Country Road, Suite 505 Garden City, NY 11530 (516) 832-777 8 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 MTA11255 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS x MARIA LUZ VICENTE, Index No.: 719685/2020 Plaintiff, NOTICE OF -against- DISCOVERY FOR COLLATERAL SOURCE NEW YORK CITY TRANSIT MTA REIMBURSEMENT AUTHORITY, BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY, and BRENDA J. RODRIGUEZ PRUTTS, Defendants. ...-...--.....-......................--------- X A T T O R N E Y S : PLEASE TAKE NOTICE that pursuant to CPLR 4010, the Plaintiff is/are hereby required to produce for discovery, inspection and copying by counsel for Defendants, the following: 1. All documents in the plaintiffs possession with respect to reimbursement which the Plaintiff has/have received from collateral sources for the cost of medical care, custodial care, rehabilitation sources, loss of earnings and other economic loss which the plaintiffs will claim as special damages in this action. 2. Such documents shall include any and all bills and invoices for the services rendered and cancelled checks or receipts with respect to their payment, correspondence, health and disability forms, and Medicare and Medicaid forms. 3. Duly executed HIPAA-compliant authorizations permitting the Defendants to obtain the records of any person, institution, facility, or governmental agency which has provided, or will provide any reimbursement for any of the special damages alleged herein, whether or not such person, organization, facility or governmental agency has been listed in response to paragraph 1, above. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway, Suite 520, New York, New York 10006. In the event the Plaintiff possesses no documents with respect to reimburseinent, demand is 9 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 made for executed and currently acknowledged authorizations to obtain copies of records from collateral sources, which authorizations shall include the complete name, address and claim number of the reimbursing party. In lieu of said discovery and inspection, photocopies of all documents may be forwarded to the offices of ARMIENTI, DeBELLIS & RHODEN, LLP, prior to said date of discovery. Dated: New York, New York April 16, 2021 YOURS, etc. ARMIENTI, DeBELLIS & RHODEN, LLP Attorneys for Defendants NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA RODRIGUEZ PRATTS i/s/h/a BRENDA J. RODRIGUEZ PRUTTS 39 Broadway, Suite 520 New York, New York 10006 (212) 809-7074 TO: SILBERSTEIN, AWAD & MIKLOS, P.C Attorneys for Plaintiff 600 Old Country Road, Suite 505 Garden City, NY 11530 (516) 832-777 10 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 MTA11255 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS X MARIA LUZ VICENTE, Index No.: 719685/2020 Plaintiff, NOTICE FOR -against- DISCOVERY AND INSPECTION FOR MEDICAL RECORDS OF NEW YORK CITY TRANSIT AUTHORITY, MTA PRIOR TREATMENT BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY, and BRENDA J. RODRIGUEZ PRUTTS, Defendants. X A T T O R N E Y S : PLEASE TAKE NOTICE, that the Plaintiff is/are hereby required to produce for discovery, inspection and copying by counsel for Defendants, the following: 1. The names and addresses of any physicians, medical institutions, medical personnel, nursing services or hospitals whom the Plaintiff saw, consulted with, or received advice from prior to the alleged injuries suffered by the Plaintiff. 2. HIPAA-compliant authorizations to obtain reports and records of the aforesaid physicians, institutions, niedical personnel, hospitals and/or nursing services. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the offices of ARMIENTI, DeBELLIS & RHODEN, LLP, 39 Broadway, Suite 520, New York, New York 10006. Inspection will be made and copying will be done at the defendant's expense, and the documents will be promptly returned after copying has been completed. 11 of 51 FILED: QUEENS COUNTY CLERK 04/19/2021 04:08 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 04/19/2021 Dated: New York, New York April 16, 2021 YOURS, etc. ARMIENTI, DeBELLIS & RHODEN, LLP Attorneys for Defendants NEW YORK CITY TRANSIT AUTHORITY, MTA BUS COMPANY, METROPOLITAN TRANSIT AUTHORITY and BRENDA RODRIGUEZ PRATTS i/s/h/a BRENDA J. RODRIGUEZ PRUTTS 39 Broadway, Su