Preview
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
08 /2021 10:40
01: O 6 AM INDEX
INDEX NO. EF21-165
NO. EF21-165
07/ PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 14
23 RECEIVED
RECEIVED NYSCEF: 07/08/2021
NYSCEF: 09/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
_____________________________________________________________________________ X
CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165
CENTER, CRNC LLC d/b/a CORTLAND PARK
REHABILITATION AND NURSING CENTER,
DEMAND FOR ALL
Plaintiffs, MEDICAL
- against - AUTHORIZATIONS
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
_____________________________________________________________________________ X
defendants'
PLEASE TAKE NOTICE that pursuant to CPLR §3101(e) the attorneys are
required to serve within twenty (20) days after receipt of this notice the following:
(a) The names and addresses of all physicians or other providers of
every description who have consulted, examined, or treated the
defendants'
for each of the conditions allegedly caused or
exacerbated by the occurrence described in the Complaint, including
the dates of such consultation, treatment, or examination.
(b) Written authorizations to allow the plaintiff to obtain the complete
defendants'
office medical records relating to the from each health
care provider identified in (a), above.
(c) Copies of all medical reports received from health care providers
identified in (a), above.
(d) Duly executed and acknowledged written authorizations directed to
any hospital, clinic, or other health care facility in which the
defendants'
are or was treated or confined due to the occurrence set
forth in the Complaint, so as to permit the securing of a copy of the
technicians'
entire hospital record, including x-rays and reports.
(e) The names and address of every physician or other health care
provider, hospital, clinic, or other health care facility which may
have examined or treated, during the five years prior to the
occurrences set forth in the Complaint, for any condition or injury
to the defendants'. Also state the dates of such treatment or
examination.
(f) Duly executed and acknowledged written authorizations to allow the
202129906
2022325333 07/08/2021 01:06:21 PM
EF21-165
09/06/2022 10:40:55AM Pages 35
i Pages42 DEMAND FOR-
Elizabeth Larkin, County Clerk
EXHIBIT(S)
IIIIIll II ElizabethLarkin,CountyClerk
1 of 35
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07/08/2021 10:40
01:0 6 AM INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 23
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
07/08/2021
plaintiff to obtain the complete medical records of any physician or
other health care provider, hospital, clinic, or other health care
facility which may have examined or treated, during the five years
prior to the occurrences set forth in the Complaint, for any condition
or injury to the defendants'.
defendants'
Upon your failure to comply herewith, the herein will be precluded at the trial
of this action from testifying to or offering any evidence of the conditions describedin the reports
or records demanded. Furthermore, failure to provide authorizations for medical records will result
defendants'
in the being precluded at the trial of this action from offering any evidence or
testimony about any part of the hospital records, medical records, x-ray, or reports of any
technicians not made available to the plaintiff.
Dated: White Plains, New York
July 8, 2021
Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By·
/s/ Lori Rosen SemCtes
Lori Rosen Semlies, Esq.
Attorneys for Plaint1
CROWN PARK REHABILITATION AND
NURSING CENTER
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No.: 23625.00002
TO: Allan C. VanDeMark, Esq.
WILLIAMSON, CLUNE & STEVENS
Attorneys for Defendants
Office and Post Office Address
317 North Tioga Street, P.O. Box 126
Ithaca, NY 14851
(607)273-3339
av@weslaw.net
Harvey D. Mervis, Esq.
HINMAN, HOWARD & KATTELL, LLP
- 2 -
256291371v.1
2 of 35
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07/08/2021 10:40
01 : O 6 AM
INDEX
INDEX NO. EF21-165
NO. EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO. 23
NO. 14 RECEIVED
RECEIVED NYSCEF: 09/06/2022
NYSCEF: 07/08/2021
Attorneys for Plainttff
CCRNC
80 Exchange Street
Binghamton, NY 13902
(607) 723-5341
hmervis@hhk.com
- 3 -
256291371v.1
3 of 35
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07 / 08 / 2021 10:40
01: 0 6 AM INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 23
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
07/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
_______________________________----------------------------------_____________ x
CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165
CENTER, CRNC LLC d/b/a CORTLAND PARK
REHABILITATION AND NURSING CENTER,
DEMAND FOR
Plaintiffs, COLLATERAL SOURCE
- against - INFORMATION
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
_______________________________----------------------------------_____________ x
PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the
defendants'
that they serve upon the undersigned a statement as to whether any part of the cost of
medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought
to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source
such as insurance, social security, Worker's Compensation, Medicaid, public assistance, or
employee benefit programs, and, if so, the full name and address of each organization, agency, or
program providing such replacement or indemnification together with an itemized statement of the
amount in which each such claimed item of economic loss was replaced or indemnified by each
such organization or program.
A demand is additionally made for duly executed and properly addressed original
authorizations permitting the undersigned to inspect and copy any records reflecting any collateral
source or payment identified in response to the foregoing demand.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
within twenty (20) days will serve as the basis of a motion for appropriate relief pursuant to the
CPLR.
. 4 .
256291371v.1
4 of 35
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07/08/2021 10:40
01 : O 6 AM
INDEX
INDEX NO. EF21-165
NO. EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO. 23
NO. 14 RECEIVED
RECEIVED NYSCEF: 09/06/2022
NYSCEF: 07/08/2021
Dated: White Plains, New York
July 8, 2021
Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By·
/sf Lori Rosen Semlies
Lori Rosen Semlies, Esq.
Attorneys for Plaintiff
CROWN PARK REHABILITATION AND
NURSING CENTER
1133 Westchester Avenue
White Plains, New York 10604
(914)323-7000
File No.: 23625.00002
TO: Allan C. VanDeMark, Esq.
WILLIAMSON, CLUNE & STEVENS
Attorneys for Defendants
Office and Post Office Address
317 North Tioga Street, P.O. Box 126
Ithaca, NY 14851
(607) 273-3339
av@weslaw.net
Harvey D. Mervis, Esq.
HINMAN, HOWARD & KATTELL, LLP
Attorneys for Plaintiff
CCRNC
80 Exchange Street
Binghamton, NY 13902
(607)723-5341
hmervis(dthhk.com
- 5 -
256291371v.1
5 of 35
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07/08/2021 10:40
01: 0 6 AM INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 23
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
07/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
_______________________________----------------------------------_____________ x
CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165
CENTER, CRNC LLC d/b/a CORTLAND PARK
REHABILITATION AND NURSING CENTER,
DEMAND FOR COPIES OF
Plaintiffs, STATEMENTS
- against -
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
_______________________________----------------------------------_____________ x
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e) you are required to serve on
the undersigned within twenty (20) days, the following:
1, Written statements of this plaintiff in your possession.
2. Records, memoranda, notes, tape recordings, or other recorded audio or video
communications of or by this plaintiff in your possession.
3. This demand shall be deemed to continue during the pendency of this action if any
of the above items are subsequently obtained.
Dated: White Plains, New York
July 8, 2021
Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By: /s/ Lori Rosen SemCies
Lori Rosen Semlies, Esq.
Attorneys for Plaintiff
CROWN PARK REHABILITATION AND
NURSING CENTER
1133 Westchester Avenue
White Plains, New York 10604
(914) 323-7000
File No.: 23625.00002
- 6 -
256291371v.1
6 of 35
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07/08/2021 10:40
01 : O 6 AM
INDEX
INDEX NO.. EF21-
NO EF21-165
1 65
PM)
NYSCEF
NYSCEF DOC.
DOC. NO. 23
NO. 14 RECEIVED
RECEIVED NYSCEF: 09/06/2022
NYSCEF: 07/08/2021
TO: Allan C. VanDeMark, Esq.
WILLIAMSON, CLUNE & STEVENS
Attorneys for Defendants
Office and Post Office Address
317 North Tioga Street, P.O. Box 126
Ithaca, NY 14851
(607) 273-3339
av@weslaw.net
Harvey D. Mervis, Esq.
HINMAN,HOWARD & KATTELL, LLP
Attorneys for Plaintiff
CCRNC
80 Exchange Street
Binghamton, NY 13902
(607) 723-5341
hmervis@hhk.corn
- 7 -
256291371v.1
7 of 35
FILED:
FILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07 / 08 / 2021 10:40
01: 0 6 AM INDEX
INDEX NO.
NO. EF21-165
EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 23
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/06/2022
07/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
_______________________________----------------------------------_____________ x
CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165
CENTER, CRNC LLC d/b/a CORTLAND PARK
REHABILITATION AND NURSING CENTER,
DEMAND FOR WITNESSES
Plaintiffs,
- against -
CAROL ALEXANDER and PAUL ALEXANDER,
Defendants.
_______________________________----------------------------------_____________ x
PLEASE TAKE NOTICE, that pursuant to Section 3101(a) of the CPLR, the answering
plaintiff in the above entitled action, demand that all parties set forth, in writing and under oath,
within twenty (20) days of the service of this Demand, the following:
1, Names and addresses of each person claimed, by any party whom you represent, to
be a witness of any of the following:
(a) The occurrence alleged in the Complaint;
(b) Any acts, omissions, or conditions which allegedly
caused the occurrence alleged in the Complaint;
(c) Any actual or constructive notice allegedly given by
answering plaintiff of any condition which allegedly
caused the occurrence alleged in the Complaint;
(d) The nature and duration of the alleged condition
which caused the occurrence alleged in the
Complaint.
PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known, so state in
the reply to this Demand.
The undersigned will object, upon the trial of this action, to the testimony of any witnesses
not so identified.
- 8 -
256291371v,1
8 of 35
FILED:
F ILED : CORTLAND
CORTLAND COUNTY
COUNTY CLERK
CLERK 09/06/2022
07/08/2021 10:40
01 : O 6 AM
INDEX
INDEX NO. EF21-165
NO. EF21-165
PM)
NYSCEF
NYSCEF DOC.
DOC. NO. 23
NO. 14 RECEIVED
RECEIVED NYSCEF: 09/06/2022
NYSCEF: 07/08/2021
Dated: White Plains, New York
July 8, 2021
Yours, etc.
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By·
/sf Lori Rosen Semlies
Lori Rosen Semlies, Esq.
Attorneys for Plaintiff
CROWN PARK REHABILITATION AND
NURSING CENTER
1133 Westchester Avenue
White Plains, New York 10604
(914)323-7000
File No.: 23625.00002
TO: Allan C. VanDeMark, Esq.
WILLIAMSON, CLUNE & STEVENS
Attorneys for Defendants
Office and Post Office Address
317 North Tioga Street, P.O. Box 126
Ithaca, NY 14851
(607) 273-3339
av@weslaw.net
Harvey D. Mervis, Esq.
HINMAN, HOWARD & KATTELL, LLP
Attorneys for Plaintiff
CCRNC
80 Exchange Street
Binghamton, NY 13902
(607)723-5341
hmervis(dth
Preview
FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 08 /2021 10:40 01: O 6 AM INDEX INDEX NO. EF21-165 NO. EF21-165 07/ PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 14 23 RECEIVED RECEIVED NYSCEF: 07/08/2021 NYSCEF: 09/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND _____________________________________________________________________________ X CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165 CENTER, CRNC LLC d/b/a CORTLAND PARK REHABILITATION AND NURSING CENTER, DEMAND FOR ALL Plaintiffs, MEDICAL - against - AUTHORIZATIONS CAROL ALEXANDER and PAUL ALEXANDER, Defendants. _____________________________________________________________________________ X defendants' PLEASE TAKE NOTICE that pursuant to CPLR §3101(e) the attorneys are required to serve within twenty (20) days after receipt of this notice the following: (a) The names and addresses of all physicians or other providers of every description who have consulted, examined, or treated the defendants' for each of the conditions allegedly caused or exacerbated by the occurrence described in the Complaint, including the dates of such consultation, treatment, or examination. (b) Written authorizations to allow the plaintiff to obtain the complete defendants' office medical records relating to the from each health care provider identified in (a), above. (c) Copies of all medical reports received from health care providers identified in (a), above. (d) Duly executed and acknowledged written authorizations directed to any hospital, clinic, or other health care facility in which the defendants' are or was treated or confined due to the occurrence set forth in the Complaint, so as to permit the securing of a copy of the technicians' entire hospital record, including x-rays and reports. (e) The names and address of every physician or other health care provider, hospital, clinic, or other health care facility which may have examined or treated, during the five years prior to the occurrences set forth in the Complaint, for any condition or injury to the defendants'. Also state the dates of such treatment or examination. (f) Duly executed and acknowledged written authorizations to allow the 202129906 2022325333 07/08/2021 01:06:21 PM EF21-165 09/06/2022 10:40:55AM Pages 35 i Pages42 DEMAND FOR- Elizabeth Larkin, County Clerk EXHIBIT(S) IIIIIll II ElizabethLarkin,CountyClerk 1 of 35 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07/08/2021 10:40 01:0 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 23 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 07/08/2021 plaintiff to obtain the complete medical records of any physician or other health care provider, hospital, clinic, or other health care facility which may have examined or treated, during the five years prior to the occurrences set forth in the Complaint, for any condition or injury to the defendants'. defendants' Upon your failure to comply herewith, the herein will be precluded at the trial of this action from testifying to or offering any evidence of the conditions describedin the reports or records demanded. Furthermore, failure to provide authorizations for medical records will result defendants' in the being precluded at the trial of this action from offering any evidence or testimony about any part of the hospital records, medical records, x-ray, or reports of any technicians not made available to the plaintiff. Dated: White Plains, New York July 8, 2021 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By· /s/ Lori Rosen SemCtes Lori Rosen Semlies, Esq. Attorneys for Plaint1 CROWN PARK REHABILITATION AND NURSING CENTER 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No.: 23625.00002 TO: Allan C. VanDeMark, Esq. WILLIAMSON, CLUNE & STEVENS Attorneys for Defendants Office and Post Office Address 317 North Tioga Street, P.O. Box 126 Ithaca, NY 14851 (607)273-3339 av@weslaw.net Harvey D. Mervis, Esq. HINMAN, HOWARD & KATTELL, LLP - 2 - 256291371v.1 2 of 35 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07/08/2021 10:40 01 : O 6 AM INDEX INDEX NO. EF21-165 NO. EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. 23 NO. 14 RECEIVED RECEIVED NYSCEF: 09/06/2022 NYSCEF: 07/08/2021 Attorneys for Plainttff CCRNC 80 Exchange Street Binghamton, NY 13902 (607) 723-5341 hmervis@hhk.com - 3 - 256291371v.1 3 of 35 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07 / 08 / 2021 10:40 01: 0 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 23 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 07/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND _______________________________----------------------------------_____________ x CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165 CENTER, CRNC LLC d/b/a CORTLAND PARK REHABILITATION AND NURSING CENTER, DEMAND FOR Plaintiffs, COLLATERAL SOURCE - against - INFORMATION CAROL ALEXANDER and PAUL ALEXANDER, Defendants. _______________________________----------------------------------_____________ x PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the defendants' that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, social security, Worker's Compensation, Medicaid, public assistance, or employee benefit programs, and, if so, the full name and address of each organization, agency, or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. A demand is additionally made for duly executed and properly addressed original authorizations permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing within twenty (20) days will serve as the basis of a motion for appropriate relief pursuant to the CPLR. . 4 . 256291371v.1 4 of 35 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07/08/2021 10:40 01 : O 6 AM INDEX INDEX NO. EF21-165 NO. EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. 23 NO. 14 RECEIVED RECEIVED NYSCEF: 09/06/2022 NYSCEF: 07/08/2021 Dated: White Plains, New York July 8, 2021 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By· /sf Lori Rosen Semlies Lori Rosen Semlies, Esq. Attorneys for Plaintiff CROWN PARK REHABILITATION AND NURSING CENTER 1133 Westchester Avenue White Plains, New York 10604 (914)323-7000 File No.: 23625.00002 TO: Allan C. VanDeMark, Esq. WILLIAMSON, CLUNE & STEVENS Attorneys for Defendants Office and Post Office Address 317 North Tioga Street, P.O. Box 126 Ithaca, NY 14851 (607) 273-3339 av@weslaw.net Harvey D. Mervis, Esq. HINMAN, HOWARD & KATTELL, LLP Attorneys for Plaintiff CCRNC 80 Exchange Street Binghamton, NY 13902 (607)723-5341 hmervis(dthhk.com - 5 - 256291371v.1 5 of 35 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07/08/2021 10:40 01: 0 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 23 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 07/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND _______________________________----------------------------------_____________ x CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165 CENTER, CRNC LLC d/b/a CORTLAND PARK REHABILITATION AND NURSING CENTER, DEMAND FOR COPIES OF Plaintiffs, STATEMENTS - against - CAROL ALEXANDER and PAUL ALEXANDER, Defendants. _______________________________----------------------------------_____________ x PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e) you are required to serve on the undersigned within twenty (20) days, the following: 1, Written statements of this plaintiff in your possession. 2. Records, memoranda, notes, tape recordings, or other recorded audio or video communications of or by this plaintiff in your possession. 3. This demand shall be deemed to continue during the pendency of this action if any of the above items are subsequently obtained. Dated: White Plains, New York July 8, 2021 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Lori Rosen SemCies Lori Rosen Semlies, Esq. Attorneys for Plaintiff CROWN PARK REHABILITATION AND NURSING CENTER 1133 Westchester Avenue White Plains, New York 10604 (914) 323-7000 File No.: 23625.00002 - 6 - 256291371v.1 6 of 35 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07/08/2021 10:40 01 : O 6 AM INDEX INDEX NO.. EF21- NO EF21-165 1 65 PM) NYSCEF NYSCEF DOC. DOC. NO. 23 NO. 14 RECEIVED RECEIVED NYSCEF: 09/06/2022 NYSCEF: 07/08/2021 TO: Allan C. VanDeMark, Esq. WILLIAMSON, CLUNE & STEVENS Attorneys for Defendants Office and Post Office Address 317 North Tioga Street, P.O. Box 126 Ithaca, NY 14851 (607) 273-3339 av@weslaw.net Harvey D. Mervis, Esq. HINMAN,HOWARD & KATTELL, LLP Attorneys for Plaintiff CCRNC 80 Exchange Street Binghamton, NY 13902 (607) 723-5341 hmervis@hhk.corn - 7 - 256291371v.1 7 of 35 FILED: FILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07 / 08 / 2021 10:40 01: 0 6 AM INDEX INDEX NO. NO. EF21-165 EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. NO. 23 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/06/2022 07/08/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND _______________________________----------------------------------_____________ x CCRNC, CROWN PARK REHABILITATION AND NURSING Index No.: EF21-165 CENTER, CRNC LLC d/b/a CORTLAND PARK REHABILITATION AND NURSING CENTER, DEMAND FOR WITNESSES Plaintiffs, - against - CAROL ALEXANDER and PAUL ALEXANDER, Defendants. _______________________________----------------------------------_____________ x PLEASE TAKE NOTICE, that pursuant to Section 3101(a) of the CPLR, the answering plaintiff in the above entitled action, demand that all parties set forth, in writing and under oath, within twenty (20) days of the service of this Demand, the following: 1, Names and addresses of each person claimed, by any party whom you represent, to be a witness of any of the following: (a) The occurrence alleged in the Complaint; (b) Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the Complaint; (c) Any actual or constructive notice allegedly given by answering plaintiff of any condition which allegedly caused the occurrence alleged in the Complaint; (d) The nature and duration of the alleged condition which caused the occurrence alleged in the Complaint. PLEASE TAKE FURTHER NOTICE, that if no such witnesses are known, so state in the reply to this Demand. The undersigned will object, upon the trial of this action, to the testimony of any witnesses not so identified. - 8 - 256291371v,1 8 of 35 FILED: F ILED : CORTLAND CORTLAND COUNTY COUNTY CLERK CLERK 09/06/2022 07/08/2021 10:40 01 : O 6 AM INDEX INDEX NO. EF21-165 NO. EF21-165 PM) NYSCEF NYSCEF DOC. DOC. NO. 23 NO. 14 RECEIVED RECEIVED NYSCEF: 09/06/2022 NYSCEF: 07/08/2021 Dated: White Plains, New York July 8, 2021 Yours, etc. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By· /sf Lori Rosen Semlies Lori Rosen Semlies, Esq. Attorneys for Plaintiff CROWN PARK REHABILITATION AND NURSING CENTER 1133 Westchester Avenue White Plains, New York 10604 (914)323-7000 File No.: 23625.00002 TO: Allan C. VanDeMark, Esq. WILLIAMSON, CLUNE & STEVENS Attorneys for Defendants Office and Post Office Address 317 North Tioga Street, P.O. Box 126 Ithaca, NY 14851 (607) 273-3339 av@weslaw.net Harvey D. Mervis, Esq. HINMAN, HOWARD & KATTELL, LLP Attorneys for Plaintiff CCRNC 80 Exchange Street Binghamton, NY 13902 (607)723-5341 hmervis(dth