On October 22, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Maria Luz Vicente,
and
Brenda J. Rodriguez Prutts,
Metropolitan Transit Authority,
Mta Bus Company,
New York City Transit Authority,
for Torts - Motor Vehicle
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 01/07/2022 02:03 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/07/2022
January 7, 2022
Silberstein, Awad & Miklos, P.C
600 Old Country Road, Suite 505
Garden City, NY 11530
Re: Luz Vicente v. New York City Transit Authority,
MTA Bus Company, Metropolitan Transit Authority
and Brenda J. Rodriguez Prutts
Date of Accident: October 14, 2019
Index No.: 719685/2020
Our File No.: MTA11255
Dear Sir or Madam:
I am writing on behalf of defendants in regard to discovery which remains outstanding in
this matter. To date our office has not yet received copies of the relevant medical records and/or
duly executed authorizations permitting the offices of the undersigned to obtain plaintiff’s medical
records from the following facilities/care providers:
• EMS - Plaintiff testified during her statutory hearing that she was
transported by EMS to Elmhurst Hospital for treatment.
• Hudson Regional Hospital, located at 55 Meadowlands Parkway,
Secaucus, NJ 07094 - Plaintiff is believed to have undergone her
alleged arthroscopic surgery at this facility.
• Dr. Barbara Steel - It is believed that Dr. Steel performed plaintiff’s
alleged arthroscopic surgery.
• Dr. Perry’s office, located at 89th Street and Northern Blvd, Queens,
NY - Plaintiff testified during her statutory hearing that Dr. Perry
was her primary care physician and that she was examined at his
office in relation to her subject injuries.
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FILED: QUEENS COUNTY CLERK 01/07/2022 02:03 PM INDEX NO. 719685/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/07/2022
Additionally, authorizations permitting defendants to obtain plaintiff’s employment
records (as to attendance records) and Medicaid/Medicare insurance records remain outstanding.
As plaintiff testified that she was unable to work from the date of the accident through the date of
her statutory hearing, plaintiff’s employment attendance records are relevant to evaluating her claim
as it related to the 90/180-day prong of the NY serious injury threshold law (NY Insurance Law
§5102).
Demands for the aforementioned records were electronically served and filed with the Court
on January 13, 2021 (NYSCEF Doc No.: 009). Within thirty (30) days of your receipt of this letter,
please provide our office with the appropriate discovery responses in order to avoid unnecessary
motion practice. This letter is a good faith attempt to resolve this matter without the intervention of
a motion seeking the appropriate relief.
If you have any questions or wish to discuss this matter further, please do not hesitate to
contact the undersigned.
Very truly yours,
ARMIENTI, DeBELLIS & RHODEN, LLP.
By: Christopher Grimaldi, Esq.
2 of 2
Document Filed Date
January 07, 2022
Case Filing Date
October 22, 2020
Category
Torts - Motor Vehicle
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Preview
FILED: QUEENS COUNTY CLERK 01/07/2022 02:03 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/07/2022 January 7, 2022 Silberstein, Awad & Miklos, P.C 600 Old Country Road, Suite 505 Garden City, NY 11530 Re: Luz Vicente v. New York City Transit Authority, MTA Bus Company, Metropolitan Transit Authority and Brenda J. Rodriguez Prutts Date of Accident: October 14, 2019 Index No.: 719685/2020 Our File No.: MTA11255 Dear Sir or Madam: I am writing on behalf of defendants in regard to discovery which remains outstanding in this matter. To date our office has not yet received copies of the relevant medical records and/or duly executed authorizations permitting the offices of the undersigned to obtain plaintiff’s medical records from the following facilities/care providers: • EMS - Plaintiff testified during her statutory hearing that she was transported by EMS to Elmhurst Hospital for treatment. • Hudson Regional Hospital, located at 55 Meadowlands Parkway, Secaucus, NJ 07094 - Plaintiff is believed to have undergone her alleged arthroscopic surgery at this facility. • Dr. Barbara Steel - It is believed that Dr. Steel performed plaintiff’s alleged arthroscopic surgery. • Dr. Perry’s office, located at 89th Street and Northern Blvd, Queens, NY - Plaintiff testified during her statutory hearing that Dr. Perry was her primary care physician and that she was examined at his office in relation to her subject injuries. 1 of 2 FILED: QUEENS COUNTY CLERK 01/07/2022 02:03 PM INDEX NO. 719685/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/07/2022 Additionally, authorizations permitting defendants to obtain plaintiff’s employment records (as to attendance records) and Medicaid/Medicare insurance records remain outstanding. As plaintiff testified that she was unable to work from the date of the accident through the date of her statutory hearing, plaintiff’s employment attendance records are relevant to evaluating her claim as it related to the 90/180-day prong of the NY serious injury threshold law (NY Insurance Law §5102). Demands for the aforementioned records were electronically served and filed with the Court on January 13, 2021 (NYSCEF Doc No.: 009). Within thirty (30) days of your receipt of this letter, please provide our office with the appropriate discovery responses in order to avoid unnecessary motion practice. This letter is a good faith attempt to resolve this matter without the intervention of a motion seeking the appropriate relief. If you have any questions or wish to discuss this matter further, please do not hesitate to contact the undersigned. Very truly yours, ARMIENTI, DeBELLIS & RHODEN, LLP. By: Christopher Grimaldi, Esq. 2 of 2