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FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023
MUSCARELLA & DIRAIMO, LLP
ATTORNEYS AT LAW
229 MAIN STREET, SUITE 200
PAUL J. MUSCARELLA (1963-2010)
JOSEPH DhMO
GBORRELLI@MUSCARELLA-DIRAIMO.COM
TELEPHONE: (516) 485-0400
FACSIMILE: (516) 485-0444
CHRISTINE A. DIRAIMO
GARY F. BORRELLI
PATRICIA HART NESSLER
AuguSt 31, 2023
Joseph C. Andruzzi, Esq.
326 Broadway, Suite 200
Bethpage, NY 11714
RE: Ortiz v. Mulligan
Date of Loss: 8/04/2023
Dear Mr. Andruzzi:
Enclosed please find the unverified Answer on behalf of the defendant, Jamie E.
Mulligan.
The Answer has been forwarded to our client for verification. Once we receive the
duly executed verification from our client, a copy of same will be forwarded to you.
Very truly yours,
GAR F. BORRELLI
GFB/mgm
Encl.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_______________________________________________________________________Ç
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, VERIFIED ANSWER
-against-
JAMIE E. MULLIGAN,
Defendant.
_______________________________________________________________________Ç
Defendant, JAMIE E. MULLIGAN, by her attorneys, MUSCARELLA & DIRAIMO,
LLP, answering the Verified Complaint of the plaintiff, alleges as follows:
FIRST: Denies having any knowledge or information thereof sufficient to form a
belief as to the truth of each and every allegation contained in the paragraph(s) of the complaint
"4"
therein designated "1", and "5".
SECOND: Denies each and every allegation contained in the paragraph(s) of the
"8"
complaint therein designated "3", "7", and "9".
THIRD: Denies each and every allegation contained in the paragraph(s) of the
"11" "12"
complaint therein designated "6", "10", and and refers all questions of law to this
Honorable Court.
ANSWERING A SECOND CAUSE OF ACTION
FOURTH: The defendant repeats, reiterates and realleges all of the admissions and
denials contained in the foregoing paragraphs with the same force and effect as if herein set forth
at length.
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FIFTH: Denies each and every allegation contained in the paragraph(s) of the
"14" "15"
complaint therein designated and and refers all questions of law to this Honorable
Court.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
SIXTH: That whatever injuries and/or damages were sustained by the plaintiff at
the time and place alleged in the complaint were caused in whole or in part as a result of the
plaintiff's own culpable conduct. That if the plaintiff is entitled to any recovery herein, such
recovery shall be diminished in the proportion which said culpable conduct attributable to the
plaintiff bears to the entire culpable conduct concerning the subject occurrence.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
SEVENTH: The plaintiff did not suffer any serious injury as defined by Section 5102
of the Insurance Law of the State of New York nor have the plaintiffs sustained any economic
loss or non-economic loss greater than the basic economic loss as defined in Sections 5102 and
5104 of the Insurance Law of the State of New York.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
EIGHTH: Any injuries or damages allegedly sustained by the plaintiff were caused
or contributed to in whole or in part by the plaintiff's failure to mitigate said injuries or damages,
and if any judgment is recovered against this answering defendant, said judgment should be
apportioned and reduced by the percentage of the plaintiff's failure to mitigate said injuries or
damages.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
NINTH: Upon information and belief, any past or future costs or expenses incurred
or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative
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services, loss of earning or other economic loss, has been or will with reasonable certainty be
replaced or indemnified in whole or in part from a collateral source as defined in Section 4545©
of the New York Civil Practice Law and Rules.
If any damages are recoverable against the answering defendant, the amount of such
damages shall be diminished by the amount of the funds which plaintiff have or shall receive
from such collateral sources.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
TENTH: That the defendant was confronted with, and was called upon to act in, an
emergency situation not created by defendant's own acts.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
ELEVENTH: That whatever injuries and damages plaintiff(s) may have sustained at the
time and place alleged in the complaint were caused and brought about by reason of the failure of
the plaintiff(s) to have utilized available seatbelts. Consequently, the plaintiff is barred from
recovering damages for any injuries which were caused or brought about by reason of the
plaintiffs'
failure to utilize available seatbelts.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
TWELFTH: The Court has no jurisdiction over this answering defendant in that the
answering defendant was not served with process in accordance with the Civil Practice Iaw and
Rules (CPLR).
WHEREFORE, the defendant, JAMIE E. MULLIGAN, respectfully demands judgment
against the plaintiff dismissing the complaint herein, together with costs and disbursements of
this action.
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Dated: Huntington, New York
August 31, 2023
Yours, etc.,
MUSCARELLA & DIRAIMO, LLP
Attorneys for Defendant
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
TO: JOSEPH C. ANDRUZZI
Attorneys for Plaintiff
326 Broadway, Suite 200
Bethpage, NY 11714
(516) 433-8600
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_________________________________________________________________x
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, DEMAND FOR
VERIFIED BILL
-against- OF PARTICULARS
JAMIE E. MULLIGAN,
Defendant.
_______________________________________________Ç
S I R S:
PLEASE TAKE NOTICE, that pursuant to Section 3041, Rule 3042, Rule 3043 and
Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified
Bill of Particulars upon the undersigned within 30 days after the demand, setting forth the
following:
1. The date and approximate time of day of the happening of the occurrence.
2. The exact location of the occurrence in sufficient detail as to permit accurate
identification giving distances from fixed objects or landmarks.
3. A statement of the acts and/or omissions constituting the negligence claimed of
the Defendant(s) demanding the Bill of Particulars.
4. A statement of the alleged injuries and a description of those claimed to be
permanent.
5. The length of time, giving specific dates, Plaintiff(s) was confined to:
A. Hospital;
B. Bed; and
C. Home.
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6. The total amounts claimed as special damages for:
A. Physician services;
B. Medical supplies;
C. Nurses services;
D. Hospital expenses;
E. X-ray expenses
F. Loss of earnings and;
G. Any other items of special damages.
7. If the Plaintiff(s) was employed on the date of the occurrence:
A. Plaintiffs occupation;
B. Name and address of Plaintiffs employer on the date of the alleged
occurrence;
C. Average daily, weekly or monthly earnings;
D. The length of time Plaintiff(s) was incapacitated from attending such
employment.
8. If the Plaintiff(s) was a student on the date of the occurrence the name and address
of the school which the Plaintiff(s) was attending.
9. The title, chapter, article, section and paragraph of each and every statute or
ordinance claimed to have been violated by the Defendant(s).
10. If loss of services is alleged, state for how long and between what dates such loss
of services is claimed.
11. State in what respect the Plaintiff(s) has sustained a serious injury as defined in
§5102(d) of the Insurance Law of the State of New York.
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12. State in what respect the Plaintiff(s) has sustained economic loss greater than
basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York.
13. State on which roadway and in which compass direction each vehicle involved in
the accident was proceeding immediately prior to the happening of the accident.
14. State which parts of the respective vehicles were in contact with each other.
15. If property damage is claimed, set forth:
A. An itemized statement concerning each item allegedly damaged;
B. The cost of repair and/or replacement;
C. The make, model, year of manufacture and the reasonable market value of
the vehicle allegedly damaged immediately prior to and immediately after
the alleged occurrence.
D. The method utilized by the Plaintiff(s) to arrive at the damage for each and
every item (diminution in value or cost to repair/replace).
16. If the Plaintiff(s) was a pedestrian, state the exact location at which the Plaintiff(s)
was situated at the happening of the accident giving distances from fixed objects or landmarks.
17. The address and residence of the Plaintiff(s) pursuant to Rule 3118 of the Civil
Practice Law and Rules.
18. The date of birth of Plaintiff(s).
19. The social security number of Plaintiff(s).
20. State with respect to each plaintiff the amount of monetary damages claimed for
personal injuries and/or property damages.
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PLEASE TAKE FURTHER NOTICE, that in the event of the Plaintiffs failure to
comply with the foregoing demand within 30 days, the Defendant(s) will move to preclude the
offering of any evidence as to the matters herein demanded, together with the costs of such
application.
Dated: Huntington, New York
August 31, 2023
Yours, etc.,
MUSCARELLA & DIRAIMO, LLP
Attorneys for Defendant
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
TO: JOSEPH C. ANDRUZZI
Attorneys for Plaintiff
326 Broadway, Suite 200
Bethpage, NY 11714
(516) 433-8600
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_______________________________________________________________________Ç
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, NOTICE FOR
DISCOVERY AND
-against- INSPECTION
JAMIE E. MULLIGAN,
Defendant.
_____________________________________________________________________Ç
S I R S :
PLEASE TAKE NOTICE that, pursuant to CPLR 3101 and 3120, you are hereby
required to produce, furnish and permit discovery by Defendant, or his attorneys or
representatives, the following items and/or documents for inspection within thirty (30) days from
the date of this Notice at 10 o'clock in the forenoon at the office of his attorneys, to wit:
1. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney
appearing in this action.
2. Pursuant to Section 3101(e) CPLR, a copy of any statement given by or on behalf of
any answering party serving the demand.
3. Pursuant to the applicable rules of the Appellate Division of the Supreme Court, furnish
copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays,
charts and duly executed authorizations to examine any and all of the aforementioned.
4. Names and addresses of any witnesses inclusive of all notice witnesses.
5. Photographs of the scene of the accident, vehicles involved, defective condition claimed
and injuries to the plaintiff.
6. Copies of all estimates and repair receipts regarding alleged property damage to the
vehicle as a result of this accident.
7. Copies of all maintenance records, estimates, and repair receipts of the vehicle involved
in this accident for one year prior to this accident.
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8. Copies of all estimates and repair records for any prior damage to the vehicle involved
in this accident.
9. Copies of any transcripts of testimony of any party taken in any: (a) motor vehicle
hearing, (b) hearing, trial or other proceeding regarding the violation of any code, ordinance or
statute, © hearing pursuant to Section 50-h of the General Municipal Law, and (d) trial, action or
proceeding arising out of the facts or circumstances giving rise to this litigation. If any of the
foregoing occurred, but no transcript is available, so state.
In lieu of said inspection, the plaintiff may forward the above information to this office
within thirty (30) days from the date hereof.
DEMAND FOR EMPLOYMENT AND INCOME VERIFICATION
PLEASE TAKE FURTHER NOTICE that if a claim for lost earnings or diminution of
earning capacity is being made, you are hereby required to serve the undersigned within thirty
(30) days after receipt of this Notice, the following:
1. If the plaintiff was not self-employed, duly executed and acknowledged original
written authorizations directed to the last employer prior to the date of accident
and the first employer subsequent to the date of accident so as to permit the
securing of plaintiffs entire personnel record including records regarding wages
and attendance.
2. If the plaintiff was self-employed, copies of federal income tax returns submitted
in the two (2) years prior to the date of accident, in the year in which the accident
occurred and in the year subsequent to the date of accident.
REQUEST FOR DISCLOSURE OF EXPERT WITNESS
INFORMATION PURSUANT TO CPLR RULE 3101(d)
PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 3101(d) of the Civil
Practice Law and Rules, the undersigned hereby requests that you produce within thirty (30)
days after service of this request at the offices of MUSCARELLA & DIRAIMO, LLP, 229 Main
Street, Suite 200, Huntington, New York 11743 the following information:
1. Identify each person upon whom this request is served expects to call as an expert
witness at the time of the trial of this action.
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2. The subject matter in reasonable detail on which each expert named above is expected
to testify at the trial of the action.
3. The substance of the facts and opinions of which each expert named above is expected
to testify at the trial of the action.
4. The complete qualifications of each expert named above.
5. The summary of the grounds for the opinion of each expert named above.
DEMAND FOR COLLATERAL SOURCE OF PAYMENTS
PURSUANT TO CPLR 4545©
PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 4545© of the Civil Practice
Law and Rules, the undersigned hereby requests that you produce within thirty (30) days after
service of this request at the offices of MUSCARELLA & DIRAIMO, LLP, 229 Main Street,
Suite 200, Huntington, New York 11743, the following information:
1. Each plaintiff seeking to recover for the costs of medical care, dental care, custodial
care of rehabilitation services, loss of earnings or other economic loss is to serve a statement of
all past and future costs and expenses which has been or will, with reasonable certainty, be
replaced or indemnified, in whole or in part, from any collateral source such as insurance (except
life insurance), social security, Worker's Compensation or Employee Benefit Programs. Each
such statement is to set forth the name, address and insurance policy (or other account) number
of each collateral-source payor; and, separately stated for each payor, a list specifying the date
and amount of each payment and the name, address, and social security number or other taxpayer
identification number of each payee.
DEMAND FOR REPORTS PURSUANT TO CPLR 3101(g)
PLEASE TAKE FURTHER NOTICE that pursuant to Section 3101(g) of the CPLR,
you are hereby required to serve upon the undersigned, within thirty (30) days after the receipt of
this notice, copies of any written reports of an accident prepared in the regular course of business
operations or practices of any person, firm, corporation or police officer unless disclosure of the
police report would interfere with criminal prosecution or investigation.
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DEMAND FOR NO-FAULT INFORMATION PURSUANT TO CPLR 3101(a)
PLEASE TAKE FURTHER NOTICE that pursuant to Section 3101(a) of the CPLR, the
defendant hereby demands that the plaintiff furnish the undersigned attorney within thirty (30)
days of this notice the following:
1. A verified statement setting forth the name, address, policy number and claim number
of any company furnishing no-fault benefits to the plaintiff as a result of the occurrence herein.
2. Duly executed and acknowledged written authorization enabling the undersigned to
obtain the records relating to the plaintiff of each company identified above.
PLEASE TAKE FURTHER NOTICE that these demands shall be deemed to be
continuing demands as to any matters or information requested herein which may become
available for discovery at a future time in the action.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply, the undersigned
will object at the time of trial to the testimony of any witness not so identified or information not
furnished.
Dated: Huntington, New York
August 31, 2023
Yours, etc.,
MUSCARELLA & DIRAIMO, LLP
Attorneys for Defendant
229 Main Street, Suite 200
Huntington, New York 11743
(516) 485-0400
TO: JOSEPH C. ANDRUZZI
Attorneys for Plaintiff
326 Broadway, Suite 200
Bethpage, NY 11714
(516) 433-8600
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_____________________________________________________________________Ç
JOSEPH A. ORTIZ, Index No. 620036/2023
Plaintiff, DEMAND FOR
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FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 MUSCARELLA & DIRAIMO, LLP ATTORNEYS AT LAW 229 MAIN STREET, SUITE 200 PAUL J. MUSCARELLA (1963-2010) JOSEPH DhMO GBORRELLI@MUSCARELLA-DIRAIMO.COM TELEPHONE: (516) 485-0400 FACSIMILE: (516) 485-0444 CHRISTINE A. DIRAIMO GARY F. BORRELLI PATRICIA HART NESSLER AuguSt 31, 2023 Joseph C. Andruzzi, Esq. 326 Broadway, Suite 200 Bethpage, NY 11714 RE: Ortiz v. Mulligan Date of Loss: 8/04/2023 Dear Mr. Andruzzi: Enclosed please find the unverified Answer on behalf of the defendant, Jamie E. Mulligan. The Answer has been forwarded to our client for verification. Once we receive the duly executed verification from our client, a copy of same will be forwarded to you. Very truly yours, GAR F. BORRELLI GFB/mgm Encl. 1 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _______________________________________________________________________Ç JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, VERIFIED ANSWER -against- JAMIE E. MULLIGAN, Defendant. _______________________________________________________________________Ç Defendant, JAMIE E. MULLIGAN, by her attorneys, MUSCARELLA & DIRAIMO, LLP, answering the Verified Complaint of the plaintiff, alleges as follows: FIRST: Denies having any knowledge or information thereof sufficient to form a belief as to the truth of each and every allegation contained in the paragraph(s) of the complaint "4" therein designated "1", and "5". SECOND: Denies each and every allegation contained in the paragraph(s) of the "8" complaint therein designated "3", "7", and "9". THIRD: Denies each and every allegation contained in the paragraph(s) of the "11" "12" complaint therein designated "6", "10", and and refers all questions of law to this Honorable Court. ANSWERING A SECOND CAUSE OF ACTION FOURTH: The defendant repeats, reiterates and realleges all of the admissions and denials contained in the foregoing paragraphs with the same force and effect as if herein set forth at length. 2 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 FIFTH: Denies each and every allegation contained in the paragraph(s) of the "14" "15" complaint therein designated and and refers all questions of law to this Honorable Court. AS AND FOR A FIRST AFFIRMATIVE DEFENSE SIXTH: That whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the complaint were caused in whole or in part as a result of the plaintiff's own culpable conduct. That if the plaintiff is entitled to any recovery herein, such recovery shall be diminished in the proportion which said culpable conduct attributable to the plaintiff bears to the entire culpable conduct concerning the subject occurrence. AS AND FOR A SECOND AFFIRMATIVE DEFENSE SEVENTH: The plaintiff did not suffer any serious injury as defined by Section 5102 of the Insurance Law of the State of New York nor have the plaintiffs sustained any economic loss or non-economic loss greater than the basic economic loss as defined in Sections 5102 and 5104 of the Insurance Law of the State of New York. AS AND FOR A THIRD AFFIRMATIVE DEFENSE EIGHTH: Any injuries or damages allegedly sustained by the plaintiff were caused or contributed to in whole or in part by the plaintiff's failure to mitigate said injuries or damages, and if any judgment is recovered against this answering defendant, said judgment should be apportioned and reduced by the percentage of the plaintiff's failure to mitigate said injuries or damages. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE NINTH: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitative 3 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 services, loss of earning or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545© of the New York Civil Practice Law and Rules. If any damages are recoverable against the answering defendant, the amount of such damages shall be diminished by the amount of the funds which plaintiff have or shall receive from such collateral sources. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE TENTH: That the defendant was confronted with, and was called upon to act in, an emergency situation not created by defendant's own acts. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE ELEVENTH: That whatever injuries and damages plaintiff(s) may have sustained at the time and place alleged in the complaint were caused and brought about by reason of the failure of the plaintiff(s) to have utilized available seatbelts. Consequently, the plaintiff is barred from recovering damages for any injuries which were caused or brought about by reason of the plaintiffs' failure to utilize available seatbelts. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE TWELFTH: The Court has no jurisdiction over this answering defendant in that the answering defendant was not served with process in accordance with the Civil Practice Iaw and Rules (CPLR). WHEREFORE, the defendant, JAMIE E. MULLIGAN, respectfully demands judgment against the plaintiff dismissing the complaint herein, together with costs and disbursements of this action. 4 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 Dated: Huntington, New York August 31, 2023 Yours, etc., MUSCARELLA & DIRAIMO, LLP Attorneys for Defendant 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 TO: JOSEPH C. ANDRUZZI Attorneys for Plaintiff 326 Broadway, Suite 200 Bethpage, NY 11714 (516) 433-8600 5 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _________________________________________________________________x JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, DEMAND FOR VERIFIED BILL -against- OF PARTICULARS JAMIE E. MULLIGAN, Defendant. _______________________________________________Ç S I R S: PLEASE TAKE NOTICE, that pursuant to Section 3041, Rule 3042, Rule 3043 and Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within 30 days after the demand, setting forth the following: 1. The date and approximate time of day of the happening of the occurrence. 2. The exact location of the occurrence in sufficient detail as to permit accurate identification giving distances from fixed objects or landmarks. 3. A statement of the acts and/or omissions constituting the negligence claimed of the Defendant(s) demanding the Bill of Particulars. 4. A statement of the alleged injuries and a description of those claimed to be permanent. 5. The length of time, giving specific dates, Plaintiff(s) was confined to: A. Hospital; B. Bed; and C. Home. 6 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 6. The total amounts claimed as special damages for: A. Physician services; B. Medical supplies; C. Nurses services; D. Hospital expenses; E. X-ray expenses F. Loss of earnings and; G. Any other items of special damages. 7. If the Plaintiff(s) was employed on the date of the occurrence: A. Plaintiffs occupation; B. Name and address of Plaintiffs employer on the date of the alleged occurrence; C. Average daily, weekly or monthly earnings; D. The length of time Plaintiff(s) was incapacitated from attending such employment. 8. If the Plaintiff(s) was a student on the date of the occurrence the name and address of the school which the Plaintiff(s) was attending. 9. The title, chapter, article, section and paragraph of each and every statute or ordinance claimed to have been violated by the Defendant(s). 10. If loss of services is alleged, state for how long and between what dates such loss of services is claimed. 11. State in what respect the Plaintiff(s) has sustained a serious injury as defined in §5102(d) of the Insurance Law of the State of New York. 7 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 12. State in what respect the Plaintiff(s) has sustained economic loss greater than basic economic loss as defined in §5102(a) of the Insurance Law of the State of New York. 13. State on which roadway and in which compass direction each vehicle involved in the accident was proceeding immediately prior to the happening of the accident. 14. State which parts of the respective vehicles were in contact with each other. 15. If property damage is claimed, set forth: A. An itemized statement concerning each item allegedly damaged; B. The cost of repair and/or replacement; C. The make, model, year of manufacture and the reasonable market value of the vehicle allegedly damaged immediately prior to and immediately after the alleged occurrence. D. The method utilized by the Plaintiff(s) to arrive at the damage for each and every item (diminution in value or cost to repair/replace). 16. If the Plaintiff(s) was a pedestrian, state the exact location at which the Plaintiff(s) was situated at the happening of the accident giving distances from fixed objects or landmarks. 17. The address and residence of the Plaintiff(s) pursuant to Rule 3118 of the Civil Practice Law and Rules. 18. The date of birth of Plaintiff(s). 19. The social security number of Plaintiff(s). 20. State with respect to each plaintiff the amount of monetary damages claimed for personal injuries and/or property damages. 8 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 PLEASE TAKE FURTHER NOTICE, that in the event of the Plaintiffs failure to comply with the foregoing demand within 30 days, the Defendant(s) will move to preclude the offering of any evidence as to the matters herein demanded, together with the costs of such application. Dated: Huntington, New York August 31, 2023 Yours, etc., MUSCARELLA & DIRAIMO, LLP Attorneys for Defendant 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 TO: JOSEPH C. ANDRUZZI Attorneys for Plaintiff 326 Broadway, Suite 200 Bethpage, NY 11714 (516) 433-8600 9 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _______________________________________________________________________Ç JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, NOTICE FOR DISCOVERY AND -against- INSPECTION JAMIE E. MULLIGAN, Defendant. _____________________________________________________________________Ç S I R S : PLEASE TAKE NOTICE that, pursuant to CPLR 3101 and 3120, you are hereby required to produce, furnish and permit discovery by Defendant, or his attorneys or representatives, the following items and/or documents for inspection within thirty (30) days from the date of this Notice at 10 o'clock in the forenoon at the office of his attorneys, to wit: 1. Pursuant to Rule 2103(e) CPLR, the names and addresses of each party and attorney appearing in this action. 2. Pursuant to Section 3101(e) CPLR, a copy of any statement given by or on behalf of any answering party serving the demand. 3. Pursuant to the applicable rules of the Appellate Division of the Supreme Court, furnish copies of all medical records, reports, diagnoses, prognoses, as well as hospital records, x-rays, charts and duly executed authorizations to examine any and all of the aforementioned. 4. Names and addresses of any witnesses inclusive of all notice witnesses. 5. Photographs of the scene of the accident, vehicles involved, defective condition claimed and injuries to the plaintiff. 6. Copies of all estimates and repair receipts regarding alleged property damage to the vehicle as a result of this accident. 7. Copies of all maintenance records, estimates, and repair receipts of the vehicle involved in this accident for one year prior to this accident. 10 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 8. Copies of all estimates and repair records for any prior damage to the vehicle involved in this accident. 9. Copies of any transcripts of testimony of any party taken in any: (a) motor vehicle hearing, (b) hearing, trial or other proceeding regarding the violation of any code, ordinance or statute, © hearing pursuant to Section 50-h of the General Municipal Law, and (d) trial, action or proceeding arising out of the facts or circumstances giving rise to this litigation. If any of the foregoing occurred, but no transcript is available, so state. In lieu of said inspection, the plaintiff may forward the above information to this office within thirty (30) days from the date hereof. DEMAND FOR EMPLOYMENT AND INCOME VERIFICATION PLEASE TAKE FURTHER NOTICE that if a claim for lost earnings or diminution of earning capacity is being made, you are hereby required to serve the undersigned within thirty (30) days after receipt of this Notice, the following: 1. If the plaintiff was not self-employed, duly executed and acknowledged original written authorizations directed to the last employer prior to the date of accident and the first employer subsequent to the date of accident so as to permit the securing of plaintiffs entire personnel record including records regarding wages and attendance. 2. If the plaintiff was self-employed, copies of federal income tax returns submitted in the two (2) years prior to the date of accident, in the year in which the accident occurred and in the year subsequent to the date of accident. REQUEST FOR DISCLOSURE OF EXPERT WITNESS INFORMATION PURSUANT TO CPLR RULE 3101(d) PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 3101(d) of the Civil Practice Law and Rules, the undersigned hereby requests that you produce within thirty (30) days after service of this request at the offices of MUSCARELLA & DIRAIMO, LLP, 229 Main Street, Suite 200, Huntington, New York 11743 the following information: 1. Identify each person upon whom this request is served expects to call as an expert witness at the time of the trial of this action. 11 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 2. The subject matter in reasonable detail on which each expert named above is expected to testify at the trial of the action. 3. The substance of the facts and opinions of which each expert named above is expected to testify at the trial of the action. 4. The complete qualifications of each expert named above. 5. The summary of the grounds for the opinion of each expert named above. DEMAND FOR COLLATERAL SOURCE OF PAYMENTS PURSUANT TO CPLR 4545© PLEASE TAKE FURTHER NOTICE, that pursuant to Rule 4545© of the Civil Practice Law and Rules, the undersigned hereby requests that you produce within thirty (30) days after service of this request at the offices of MUSCARELLA & DIRAIMO, LLP, 229 Main Street, Suite 200, Huntington, New York 11743, the following information: 1. Each plaintiff seeking to recover for the costs of medical care, dental care, custodial care of rehabilitation services, loss of earnings or other economic loss is to serve a statement of all past and future costs and expenses which has been or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as insurance (except life insurance), social security, Worker's Compensation or Employee Benefit Programs. Each such statement is to set forth the name, address and insurance policy (or other account) number of each collateral-source payor; and, separately stated for each payor, a list specifying the date and amount of each payment and the name, address, and social security number or other taxpayer identification number of each payee. DEMAND FOR REPORTS PURSUANT TO CPLR 3101(g) PLEASE TAKE FURTHER NOTICE that pursuant to Section 3101(g) of the CPLR, you are hereby required to serve upon the undersigned, within thirty (30) days after the receipt of this notice, copies of any written reports of an accident prepared in the regular course of business operations or practices of any person, firm, corporation or police officer unless disclosure of the police report would interfere with criminal prosecution or investigation. 12 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 DEMAND FOR NO-FAULT INFORMATION PURSUANT TO CPLR 3101(a) PLEASE TAKE FURTHER NOTICE that pursuant to Section 3101(a) of the CPLR, the defendant hereby demands that the plaintiff furnish the undersigned attorney within thirty (30) days of this notice the following: 1. A verified statement setting forth the name, address, policy number and claim number of any company furnishing no-fault benefits to the plaintiff as a result of the occurrence herein. 2. Duly executed and acknowledged written authorization enabling the undersigned to obtain the records relating to the plaintiff of each company identified above. PLEASE TAKE FURTHER NOTICE that these demands shall be deemed to be continuing demands as to any matters or information requested herein which may become available for discovery at a future time in the action. PLEASE TAKE FURTHER NOTICE that upon your failure to comply, the undersigned will object at the time of trial to the testimony of any witness not so identified or information not furnished. Dated: Huntington, New York August 31, 2023 Yours, etc., MUSCARELLA & DIRAIMO, LLP Attorneys for Defendant 229 Main Street, Suite 200 Huntington, New York 11743 (516) 485-0400 TO: JOSEPH C. ANDRUZZI Attorneys for Plaintiff 326 Broadway, Suite 200 Bethpage, NY 11714 (516) 433-8600 13 of 19 FILED: SUFFOLK COUNTY CLERK 08/31/2023 04:13 PM INDEX NO. 620036/2023 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/31/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _____________________________________________________________________Ç JOSEPH A. ORTIZ, Index No. 620036/2023 Plaintiff, DEMAND FOR