Preview
FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
GEICO GENERAL INSURANCE COMPANY
A/S/O ALISON RILEY,
Plaintiff(s), COMBINED DEMANDS
-against-
INDEX NO: E012021016708
BRIGETTE MABE,
Defendant(s)
PLEASE TAKE NOTICE, that pursuant to the provisions of Article 31 of the
CPLR and the appropriate Rules of Court, and case law interpreting discovery and
iñspection, demañd is made that you produce at the office of the undersigned, the
discovery, inspection and copying:
1. Names and addresses of persons who witnessed the occurrence or
have firsthand knowledge of same. If no such persons are known
to said party or their representative, so state in reply to this
demand. The plaintiff will object at the time of trial of this action
to the testimony of any person not identified. This demand is
made upon you pursuant to the authority of Zellman vs.
Metropolitan Transit Authority, 40 A.D. 2d 248, 339 N.Y.S. 2d
610, 350 N.Y.S. 2d 1974.
2. Copies of any and all photographs, slides, videotapes and/or
motion pictures of the scene and/or vehicles involved in said
occurrence. If no such photographs, slides, videotapes and/or
motion pictures are in the possession, custody or control of the
parties you represent in this action, so state.
3. Any statements by any party represented by the undersigned,
whether written or oral. If none, so state.
4. Pursuant to CPLR 3101 (d) (i), you are required to set forth the
following:
A. The names and address of each and every person you
expect to call as an expert witness at the time of trial.
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B. In reasonable detail, the subject matter on which each
expert is expected to testify.
C. The substance of the facts and opinions on which each
expert is expected to testify.
D. The qualification of each expert witness, and;
E. A summary of the grounds for each expert's opinion.
5. A copy of the MV-104 filed by the owner/operator which you
represent herein.
6. The name, address, claim or policy number, and claim
representative assigned for any and all insurance carrier and/or
excess insurance for the party you represent, and the policy limits.
7. Any and all itemized estimate(s) or valuation estimate(s) prepared
on behalf of the party you represent supporting our claim for
property damages, including any and all check(s), voucher(s),
invoice(s), and/or bill(s).
8. Full, true, legible and complete copies of any report concerning the
accident or occurrence which is the subject matter of this lawsuit
prepared in the regular course of business operations or practices
of any person, firm, corporation, association or other public or
private entity.
PLEASE TAKE FURTHER NOTICE, that all of the above demands 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 undersigned pursuant to these demands. That in
lieu of the foregoing, the Defendant(s) may submit a legible photocopy of the aforesaid
documents by mailing it to the office of Law Offices of Byran M. Kulak, 90 Crystal Run
Road, Suite 409, Middletown NY 10941, on or before the date the documents are to be
produced.
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PLEASE TAKE FURTHER NOTICE, that in the event said material is not
produced for inspection and copying as required herein, the undersigned will move this
Court to invoke penalties applicable under Rule 3126, CPLR et seq.
Dated: Middletown, New York
May 6, 2021
LX OF C OF BRYAN M. KULAK
BY: JENNA FREDERICKS
Attorney for Plaintiff(s)
90 Crystal Run Road, STE 409
Middletown, New York 10941
845-673-8080
TO: Burke, Scolamiero & Hurd, LLP
7 Washington Square
Albany, NY 12212-5085
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
GEICO GENERAL INSURANCE COMPANY
A/S/O ALISON RILEY,
DEMAND FOR BILL OF
Plaintiff(s), PARTICULARS AS TO
AFFIRMATIVE DEFENSES
-against-
BRIGETTE INDEX NO: E012021016708
MABE,
Defendant(s)
PLEASE TAKE NOTICE, that pursuant to CPLR 3041 et seq., defendant(s) are
hereby required to serve a Bill of Particulars of the affirmative defenses pleaded in its
Answer, upon the undersigned, within thirty (30) days of receipt of this demand.
In the event of your failure to comply with this Demand within the statutory time,
a motion will be made for an Order precluding you from offering evidence of these
affirmative defenses, and/or to strike and/or dismiss such affirmative defenses, and for
such other relief as is provided by law.
(1) If an affirmative defense for lack of personal jurisdiction is raised, set
forth:
a. The time, date, and place where each such defendant received notice
of this lawsuit;
b. The manner in which it is claimed that the service of process actually
effected was defective;
c. Set forth the complete professional or business address maintained by
each such defendant;
d. Set forth the complete residence address of each such defendant;
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e. Set forth the complete mailing address of each such defendant;
f. If each such defendant claims that he was not served with process in
any form whatsoever, set forth a statement describing how each such
defendant obtained notice of this lawsuit.
(2) If an affirmative defense for statute of limitations is raised, set forth:
a. The date that each defendant contends that the accident occurred;
b. The date upon which each defendant contends it was served with
process in this matter;
c. The interval of time which each defendant contends constituted the
applicable Statute of Limitations;
d. The date which each defendant contends that the Statute of Limitation
expired;
(3) If an affirmative defense alleging open and obvious defect(s) raised,
set forth:
defendañts'
a. A statement describing basis of the belief that the defect
was open;
defendants'
b. A statement describing basis of the belief that the defect
was obvious;
c. The names and addresses of all witnesses to the defective condition;
d. A statement describing the manner in which the defect was open;
e. A statement describing in what manner the defect was obvious;
f. A statement setting forth what acts or omissions plaintiff should have
pursued in the exercise of reasonable care to avoid the accident;
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g. A statement setting for the basis of defendant(s) assertion that plaintiff
could and should have known of the defect in the exercise of
reasonable care.
(4) If an affirmative defense alleging assumption of risk and/or culpable
conduct is raised, set forth:
a. A statement describing the risks alleged by defendant(s) in the activity
in which plaintiff was engaged;
b. The date, time and place the alleged risks were present;
c. State specifically which or what risks plaintiff assumed and whether
they will be claimed to be express or implied;
d. The date, time and place the plaintiff assumed each risk;
e. The date, time, and place where each act and/or omission constituting
the alleged culpable conduct, comparative negligence and/or
contributory negligence of plaintiff took place;
f. A statement describing each act allegedly constituting culpable
conduct, conlparative negligence and/or contributory negligence of the
plaintiff;
g. A statement describing each omission alleging culpable conduct,
comparative negligence, and/or contributory negligence of the
plaintiff;
h. Set forth each and every injury sustained by the plaintiff which will be
claimed at the time of trial was caused by the plaintiff's culpable
conduct, comparative negligence, and/or contributory negligence;
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i. If the defendants claim that the plaintiff failed to follow medical
instructions or advice, set forth the sum and substance of the advise
allegedly not followed, including: the name of the person who gave
such instructions or advice; the date, time and place where the advice
was given; and the name(s) of the person to whom such advice or
instruction were given;
j. If the defendants claim that the plaintiff failed to give a full or
complete medical history, set forth the substance of the information
which the plaintiff allegedly failed to supply;
k. If the defendants claim that the aforesaid culpable conduct of the
plaintiff caused, aggravated, or exacerbated any of the plaintiffs
injuries or worsened the plaintiff's medical condition in any respect,
set for the injuries which the defendants claim were caused, worsened,
or the conditions harmed, by the plaintiff's alleged culpable conduct.
(5) If an affirmative defense alleging CPLR Article 16 limitation is raised,
set forth:
a. The specific section and subsection under CPLR Article 16 which
defendants'
limits the liability;
defendants'
b. The basis of contention that under CPLR Article 16
defendants'
liability is limited.
(6) If an affirmative defense alleging CPLR Article 4545 (c) is raised, set
forth:
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defendants'
a. A statemeñt specifying the basis for belief that plaintiff
received remuneration and/or compensation for some or all of her
claimed economic loss;
b. The collateral source(s) defendants allege reimbursed or will
reimburse plaintiff for some or all of the economic loss;
c. The amount of damages of which defendants seek mitigation and/or
reduction.
(7) If an affirmative defense alleging failure to join a necessary party is
raised, set forth:
a. The names and addresses of the other persons defendants allege could
have been made party defendants;
b. A statement describing each act and/or omission constituting the
culpable conduct by the other persons who should have been made
party defendants.
(8) If an affirmative defense alleging negligence of a third party is raised,
set forth:
a. The name(s) and address(es) of the third party alleged to be negligent;
b. The acts and/or omissions constituting the third party's negligence;
c. The date, time, and place of the third party's negligence;
d. Set forth each and every injury and/or damages sustained by the
plaintiff which will be claimed at the time of trial was caused by the
negligence of a third party.
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(9) If an affirmative defense alleging plaintiff's failure to state a cause of
action is raised, set forth:
defendants'
a. The basis of belief that plaintiff has not set forth a claim
upon which relief can be granted.
b. Which cause of action is alleged to be imperfect or inadequate.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to
supply a responsive Bill of Particulars pursuant to this Demand within ten (10) days from
receipt hereof, a motion will be made to preclude you from offering evidence of each
such affirmative defense and/or to strike and/or dismiss such affirmative defenses, or
such other relief as may be proper.
Dated: Middletown, New York
May 6, 2021
LAW O ICE OF BRYAN M. KULAK
BY: JENNA FREDERICKS
Attorney for Plaintiff(s)
90 Crystal Run Road, STE 409
Middletown, New York 10941
845-673-8080
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
GEICO GENERAL INSURANCE COMPANY
A/S/O ALISON RILEY,
NOTICE OF DECLINING
Plaintiff(s), SERVICE BY FACSIMILE
OR ELECTRONIC
-against-
BRIGETTE INDEX NO: E012021016708
MABE,
Defendant(s)
PLEASE TAKE NOTICE, that pursuant to the provision of Civil Practice Laws
and Rules 2103(5), the Law Offices of Bryan M. Kulak, will not accept service of papers,
notices, motions, etc., by facsimile (FAX) transmittal or by any other electronic means.
Dated: Middletown, New York
May 6, 2021
LA% ÙF ICE ÓF BRYAN M. KULAK
BY: JENNA FREDERICKS
Attorney for Plaintiff(s)
90 Crystal Run Road, STE 409
Middletown, New York 10941
845-673-8080
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
GEICO GENERAL INSURANCE COMPANY
A/S/O ALISON RILEY,
NOTICE TO TAKE
Plaintiff(s), DEPOSITION UPON ORAL
EXAMINATION
-against-
BRIGETTE INDEX NO: E012021016708
MABE,
Defendant(s)
PLEASE TAKE NOTICE, pursuant to Article 31, of the Civil Practice Law
and Rules, the Deposition upon oral questions of the persons named will be taken as
follows:
TO BE EXAMINED: ALL PARTIES
DATE & TIME: TO BE DETERMINED
PLACE: TO BE DETERMINED
PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 3111, CPLR each
plaintiff and any co-defendant is required to produce the following items at the
deposition: all relevant material.
Dated: Middletown, New York
May 6, 2021
LAW ONFICE OF BRYAN M. KULAK
BY: JENNA FREDERICKS
Attorney for Plaintiff(s)
90 Crystal Run Road, STE 409
Middletown, New York 10941
845-673-8080
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF COLUMBIA
GEICO GENERAL INSURANCE COMPANY
A/S/O ALISON RILEY,
Plaintiff(s), RESPONSE TO COMBINED
DEMANDS
-against-
INDEX NO: E012021016708
BRIGETTE MABE,
Defendant(s)
The plaintiff, GEICO General Insurance Company as subrogee of Alison Riley, by
its attorney, Law Office of Bryan M. Kulak, as and for its response to the demands of the
defendants, state as follows upon information and belief:
DEMAND FOR WITNESSES
Plaintiff is not aware of any witnesses other than the parties to this action and those
persons listed on the police report.
In the event that this matter proceeds through trial, a GEICO claims representative
and auto damage adjuster will testify at the time of trial.
DEMAND FOR STATEMENTS OF DEFENDANTS
None known to exist at this time. Any statements taken or received by the
Plaintiff, or her respective attorneys, agents, representatives or servants, from any
Defendant or Defendant's agents, servants or employees were taken in anticipation of
litigation or at an attorney's request and constitute materials protected from disclosure.
DEMAND FOR ACCIDENT REPORTS
A copy of the police report is annexed hereto. Please note that insurance forms
constitute materials prepared for litigation and are therefore not subject to discovery.
Please further note that police reports and MV 104's are public records which can be
obtained through the appropriate channels and are therefore not subject to discovery.
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DEMAND FOR INSURANCE POLICY
A copy of the DEC sheet and insurance policy are annexed hereto.
DEMAND FOR PHOTOGRAPHS
Copies of photographs depicting the property damage sustained by plaintiff
subrogor's vehicle are annexed hereto.
DEMAND FOR EXPERT WITNESS DISCLOSURE
The Plaintiff has not yet sought the services of an expert. Once an expert is
retained, a response will be provided in accordance with CPLR § 3101(d).
DEMAND FOR PROOF OF DAMAGE
The market valuation report and estimate for the necessary repairs are annexed
hereto. Proof of paynient screens are annexed hereto evidencing payment of any
damage/loss alleged in the claim.
Please note that the denials or refusals to produce herein are provided as a good
faith attempt to resõlve discrepss-:ics between the parties without court
intervention.
Dated: Middletown, New York
May 10, 2021
LAW OFFICE OF BRYAN M. KULAK
BY: JENNA FREDERICKS
Attorney for Plaintiff(s)
90 Crystal Run Road, STE 409
Middletown, New York 10941
845-673-8080
TO: Burke, Scolamiero
Preview
FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA GEICO GENERAL INSURANCE COMPANY A/S/O ALISON RILEY, Plaintiff(s), COMBINED DEMANDS -against- INDEX NO: E012021016708 BRIGETTE MABE, Defendant(s) PLEASE TAKE NOTICE, that pursuant to the provisions of Article 31 of the CPLR and the appropriate Rules of Court, and case law interpreting discovery and iñspection, demañd is made that you produce at the office of the undersigned, the discovery, inspection and copying: 1. Names and addresses of persons who witnessed the occurrence or have firsthand knowledge of same. If no such persons are known to said party or their representative, so state in reply to this demand. The plaintiff will object at the time of trial of this action to the testimony of any person not identified. This demand is made upon you pursuant to the authority of Zellman vs. Metropolitan Transit Authority, 40 A.D. 2d 248, 339 N.Y.S. 2d 610, 350 N.Y.S. 2d 1974. 2. Copies of any and all photographs, slides, videotapes and/or motion pictures of the scene and/or vehicles involved in said occurrence. If no such photographs, slides, videotapes and/or motion pictures are in the possession, custody or control of the parties you represent in this action, so state. 3. Any statements by any party represented by the undersigned, whether written or oral. If none, so state. 4. Pursuant to CPLR 3101 (d) (i), you are required to set forth the following: A. The names and address of each and every person you expect to call as an expert witness at the time of trial. 1 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 B. In reasonable detail, the subject matter on which each expert is expected to testify. C. The substance of the facts and opinions on which each expert is expected to testify. D. The qualification of each expert witness, and; E. A summary of the grounds for each expert's opinion. 5. A copy of the MV-104 filed by the owner/operator which you represent herein. 6. The name, address, claim or policy number, and claim representative assigned for any and all insurance carrier and/or excess insurance for the party you represent, and the policy limits. 7. Any and all itemized estimate(s) or valuation estimate(s) prepared on behalf of the party you represent supporting our claim for property damages, including any and all check(s), voucher(s), invoice(s), and/or bill(s). 8. Full, true, legible and complete copies of any report concerning the accident or occurrence which is the subject matter of this lawsuit prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. PLEASE TAKE FURTHER NOTICE, that all of the above demands 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 undersigned pursuant to these demands. That in lieu of the foregoing, the Defendant(s) may submit a legible photocopy of the aforesaid documents by mailing it to the office of Law Offices of Byran M. Kulak, 90 Crystal Run Road, Suite 409, Middletown NY 10941, on or before the date the documents are to be produced. 2 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 PLEASE TAKE FURTHER NOTICE, that in the event said material is not produced for inspection and copying as required herein, the undersigned will move this Court to invoke penalties applicable under Rule 3126, CPLR et seq. Dated: Middletown, New York May 6, 2021 LX OF C OF BRYAN M. KULAK BY: JENNA FREDERICKS Attorney for Plaintiff(s) 90 Crystal Run Road, STE 409 Middletown, New York 10941 845-673-8080 TO: Burke, Scolamiero & Hurd, LLP 7 Washington Square Albany, NY 12212-5085 3 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA GEICO GENERAL INSURANCE COMPANY A/S/O ALISON RILEY, DEMAND FOR BILL OF Plaintiff(s), PARTICULARS AS TO AFFIRMATIVE DEFENSES -against- BRIGETTE INDEX NO: E012021016708 MABE, Defendant(s) PLEASE TAKE NOTICE, that pursuant to CPLR 3041 et seq., defendant(s) are hereby required to serve a Bill of Particulars of the affirmative defenses pleaded in its Answer, upon the undersigned, within thirty (30) days of receipt of this demand. In the event of your failure to comply with this Demand within the statutory time, a motion will be made for an Order precluding you from offering evidence of these affirmative defenses, and/or to strike and/or dismiss such affirmative defenses, and for such other relief as is provided by law. (1) If an affirmative defense for lack of personal jurisdiction is raised, set forth: a. The time, date, and place where each such defendant received notice of this lawsuit; b. The manner in which it is claimed that the service of process actually effected was defective; c. Set forth the complete professional or business address maintained by each such defendant; d. Set forth the complete residence address of each such defendant; 4 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 e. Set forth the complete mailing address of each such defendant; f. If each such defendant claims that he was not served with process in any form whatsoever, set forth a statement describing how each such defendant obtained notice of this lawsuit. (2) If an affirmative defense for statute of limitations is raised, set forth: a. The date that each defendant contends that the accident occurred; b. The date upon which each defendant contends it was served with process in this matter; c. The interval of time which each defendant contends constituted the applicable Statute of Limitations; d. The date which each defendant contends that the Statute of Limitation expired; (3) If an affirmative defense alleging open and obvious defect(s) raised, set forth: defendañts' a. A statement describing basis of the belief that the defect was open; defendants' b. A statement describing basis of the belief that the defect was obvious; c. The names and addresses of all witnesses to the defective condition; d. A statement describing the manner in which the defect was open; e. A statement describing in what manner the defect was obvious; f. A statement setting forth what acts or omissions plaintiff should have pursued in the exercise of reasonable care to avoid the accident; 5 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 g. A statement setting for the basis of defendant(s) assertion that plaintiff could and should have known of the defect in the exercise of reasonable care. (4) If an affirmative defense alleging assumption of risk and/or culpable conduct is raised, set forth: a. A statement describing the risks alleged by defendant(s) in the activity in which plaintiff was engaged; b. The date, time and place the alleged risks were present; c. State specifically which or what risks plaintiff assumed and whether they will be claimed to be express or implied; d. The date, time and place the plaintiff assumed each risk; e. The date, time, and place where each act and/or omission constituting the alleged culpable conduct, comparative negligence and/or contributory negligence of plaintiff took place; f. A statement describing each act allegedly constituting culpable conduct, conlparative negligence and/or contributory negligence of the plaintiff; g. A statement describing each omission alleging culpable conduct, comparative negligence, and/or contributory negligence of the plaintiff; h. Set forth each and every injury sustained by the plaintiff which will be claimed at the time of trial was caused by the plaintiff's culpable conduct, comparative negligence, and/or contributory negligence; 6 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 i. If the defendants claim that the plaintiff failed to follow medical instructions or advice, set forth the sum and substance of the advise allegedly not followed, including: the name of the person who gave such instructions or advice; the date, time and place where the advice was given; and the name(s) of the person to whom such advice or instruction were given; j. If the defendants claim that the plaintiff failed to give a full or complete medical history, set forth the substance of the information which the plaintiff allegedly failed to supply; k. If the defendants claim that the aforesaid culpable conduct of the plaintiff caused, aggravated, or exacerbated any of the plaintiffs injuries or worsened the plaintiff's medical condition in any respect, set for the injuries which the defendants claim were caused, worsened, or the conditions harmed, by the plaintiff's alleged culpable conduct. (5) If an affirmative defense alleging CPLR Article 16 limitation is raised, set forth: a. The specific section and subsection under CPLR Article 16 which defendants' limits the liability; defendants' b. The basis of contention that under CPLR Article 16 defendants' liability is limited. (6) If an affirmative defense alleging CPLR Article 4545 (c) is raised, set forth: 7 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 defendants' a. A statemeñt specifying the basis for belief that plaintiff received remuneration and/or compensation for some or all of her claimed economic loss; b. The collateral source(s) defendants allege reimbursed or will reimburse plaintiff for some or all of the economic loss; c. The amount of damages of which defendants seek mitigation and/or reduction. (7) If an affirmative defense alleging failure to join a necessary party is raised, set forth: a. The names and addresses of the other persons defendants allege could have been made party defendants; b. A statement describing each act and/or omission constituting the culpable conduct by the other persons who should have been made party defendants. (8) If an affirmative defense alleging negligence of a third party is raised, set forth: a. The name(s) and address(es) of the third party alleged to be negligent; b. The acts and/or omissions constituting the third party's negligence; c. The date, time, and place of the third party's negligence; d. Set forth each and every injury and/or damages sustained by the plaintiff which will be claimed at the time of trial was caused by the negligence of a third party. 8 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 (9) If an affirmative defense alleging plaintiff's failure to state a cause of action is raised, set forth: defendants' a. The basis of belief that plaintiff has not set forth a claim upon which relief can be granted. b. Which cause of action is alleged to be imperfect or inadequate. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to supply a responsive Bill of Particulars pursuant to this Demand within ten (10) days from receipt hereof, a motion will be made to preclude you from offering evidence of each such affirmative defense and/or to strike and/or dismiss such affirmative defenses, or such other relief as may be proper. Dated: Middletown, New York May 6, 2021 LAW O ICE OF BRYAN M. KULAK BY: JENNA FREDERICKS Attorney for Plaintiff(s) 90 Crystal Run Road, STE 409 Middletown, New York 10941 845-673-8080 9 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA GEICO GENERAL INSURANCE COMPANY A/S/O ALISON RILEY, NOTICE OF DECLINING Plaintiff(s), SERVICE BY FACSIMILE OR ELECTRONIC -against- BRIGETTE INDEX NO: E012021016708 MABE, Defendant(s) PLEASE TAKE NOTICE, that pursuant to the provision of Civil Practice Laws and Rules 2103(5), the Law Offices of Bryan M. Kulak, will not accept service of papers, notices, motions, etc., by facsimile (FAX) transmittal or by any other electronic means. Dated: Middletown, New York May 6, 2021 LA% ÙF ICE ÓF BRYAN M. KULAK BY: JENNA FREDERICKS Attorney for Plaintiff(s) 90 Crystal Run Road, STE 409 Middletown, New York 10941 845-673-8080 10 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA GEICO GENERAL INSURANCE COMPANY A/S/O ALISON RILEY, NOTICE TO TAKE Plaintiff(s), DEPOSITION UPON ORAL EXAMINATION -against- BRIGETTE INDEX NO: E012021016708 MABE, Defendant(s) PLEASE TAKE NOTICE, pursuant to Article 31, of the Civil Practice Law and Rules, the Deposition upon oral questions of the persons named will be taken as follows: TO BE EXAMINED: ALL PARTIES DATE & TIME: TO BE DETERMINED PLACE: TO BE DETERMINED PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 3111, CPLR each plaintiff and any co-defendant is required to produce the following items at the deposition: all relevant material. Dated: Middletown, New York May 6, 2021 LAW ONFICE OF BRYAN M. KULAK BY: JENNA FREDERICKS Attorney for Plaintiff(s) 90 Crystal Run Road, STE 409 Middletown, New York 10941 845-673-8080 11 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF COLUMBIA GEICO GENERAL INSURANCE COMPANY A/S/O ALISON RILEY, Plaintiff(s), RESPONSE TO COMBINED DEMANDS -against- INDEX NO: E012021016708 BRIGETTE MABE, Defendant(s) The plaintiff, GEICO General Insurance Company as subrogee of Alison Riley, by its attorney, Law Office of Bryan M. Kulak, as and for its response to the demands of the defendants, state as follows upon information and belief: DEMAND FOR WITNESSES Plaintiff is not aware of any witnesses other than the parties to this action and those persons listed on the police report. In the event that this matter proceeds through trial, a GEICO claims representative and auto damage adjuster will testify at the time of trial. DEMAND FOR STATEMENTS OF DEFENDANTS None known to exist at this time. Any statements taken or received by the Plaintiff, or her respective attorneys, agents, representatives or servants, from any Defendant or Defendant's agents, servants or employees were taken in anticipation of litigation or at an attorney's request and constitute materials protected from disclosure. DEMAND FOR ACCIDENT REPORTS A copy of the police report is annexed hereto. Please note that insurance forms constitute materials prepared for litigation and are therefore not subject to discovery. Please further note that police reports and MV 104's are public records which can be obtained through the appropriate channels and are therefore not subject to discovery. 12 of 70 FILED: COLUMBIA COUNTY CLERK 12/15/2021 09:27 AM INDEX NO. E012021016708 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/15/2021 DEMAND FOR INSURANCE POLICY A copy of the DEC sheet and insurance policy are annexed hereto. DEMAND FOR PHOTOGRAPHS Copies of photographs depicting the property damage sustained by plaintiff subrogor's vehicle are annexed hereto. DEMAND FOR EXPERT WITNESS DISCLOSURE The Plaintiff has not yet sought the services of an expert. Once an expert is retained, a response will be provided in accordance with CPLR § 3101(d). DEMAND FOR PROOF OF DAMAGE The market valuation report and estimate for the necessary repairs are annexed hereto. Proof of paynient screens are annexed hereto evidencing payment of any damage/loss alleged in the claim. Please note that the denials or refusals to produce herein are provided as a good faith attempt to resõlve discrepss-:ics between the parties without court intervention. Dated: Middletown, New York May 10, 2021 LAW OFFICE OF BRYAN M. KULAK BY: JENNA FREDERICKS Attorney for Plaintiff(s) 90 Crystal Run Road, STE 409 Middletown, New York 10941 845-673-8080 TO: Burke, Scolamiero