Preview
FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023
JLJ/jm/#2072942
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ASTRID EGALITE, as Administrator of the Estate of
LORRAINE HECTOR,
Index No.: 533694/2023
Plaintiff(s),
ANSWER
-against-
NEW YORK CITY TRANSIT AUTHORITY D/B/A
MTA NEW YORK CITY TRANSIT AND DAMION
S. FOWLER,
Defendant(s).
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Defendant(s), NEW YORK CITY TRANSIT AUTHORITY answers Plaintiff's(s')
Complaint as follows:
1. Denies that it has the knowledge or information sufficient to form a belief as to the
allegation(s) contained in paragraph(s) 1, 2, 3 and 28 of the complaint.
2. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 4 and
5 of the Complaint except admits that at all times mentioned in the complaint, Defendant
NEW YORK CITY TRANSIT AUTHORITY was and still is a public benefit corporation duly
authorized and existing under and by virtue of the laws of the State of New York.
3. Denies, upon information and belief, the allegation contained in paragraph(s) 6, 7, 8,
9, 10, 11 and 12 of the complaint except admit(s) that a certain paper purporting to be a
notice of claim was received by the office of the Defendant(s), NEW YORK CITY TRANSIT
AUTHORITY; that more than thirty days elapsed since receipt thereof and said matter
remains unadjusted and unpaid and that less than one year and ninety days has elapsed
from the alleged happening of the occurrence herein until the commencement of this action.
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4. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 13,
14, 15, 16, 21, 22, 23, 24, 25, 26 and 27 of the Complaint except admits that at all times
mentioned in the complaint, defendant NEW YORK CITY TRANSIT AUTHORITY owned
and maintained a bus bearing registration number AU2074 and said bus was operated by
DAMION FOWLER within the scope of his employment with DEFENDANT NEW YORK
CITY TRANSIT AUTHORITY in the County of Kings, City and State of New York.
5. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 29,
30, 31 and 32 of the Complaint.
AS AND FOR A FIRST CAUSE OF ACTION
6. Answering paragraph numbered 33 of the complaint, defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, repeat(s) and reiterate(s) each and every denial heretofore made
herein with the same force and effect as though fully set forth herein.
7. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 34,
35, 36, 37 and 38 of the Complaint.
AS AND FOR A SECOND CAUSE OF ACTION
8. Answering paragraph numbered 39 of the complaint, defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, repeat(s) and reiterate(s) each and every denial heretofore made
herein with the same force and effect as though fully set forth herein.
9. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 40,
41, 42 and 43 of the Complaint.
AS AND FOR A THIRD CAUSE OF ACTION
10. Answering paragraph numbered 44 of the complaint, defendant(s), NEW YORK CITY
TRANSIT AUTHORITY, repeat(s) and reiterate(s) each and every denial heretofore made
herein with the same force and effect as though fully set forth herein.
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11. Denies that it has the knowledge or information sufficient to form a belief as to the
allegation(s) contained in paragraph(s) 45 of the complaint.
12. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 46,
47, 48, 49 and 50 of the Complaint.
FIRST AFFIRMATIVE DEFENSE:
CULPABLE CONDUCT
13. Upon information and belief, whatever injuries and/or damages Plaintiff(s) may have
sustained at the time and place mentioned in the Verified Complaint, were caused, in whole
or in part, by Plaintiff’s(s') culpable conduct. The amount of damages recovered, if any, shall
be diminished in the proportion that said culpable conduct attributable to Plaintiff(s) caused
said injuries and/or damages.
SECOND AFFIRMATIVE DEFENSE:
COLLATERAL SOURCE
14. Upon information and belief, any award for recovery of the cost of medical care, dental
care, custodial care or rehabilitation services, loss of earnings, or other economic loss claimed
by Plaintiff’s(s’) shall be reduced to the extent that any such cost was or will with reasonable
certainty be replaced or indemnified from any collateral source pursuant to CPLR §4545.
THIRD AFFIRMATIVE DEFENSE:
FAILURE TO APPEAR FOR STATUTORY HEARING
15. Upon information and belief, pursuant to the provisions of Section 1212 of the Public
Authorities Law of the State of New York, plaintiff(s), ASTRID EGALITE, AS
ADMINISTRATOR OF THE ESTATE OF LORRAINE HECTOR, was, was duly notified to
appear and to be orally examined before the defendant, NEW YORK CITY TRANSIT
AUTHORITY, which examination has not been conducted as of this date, that this action is
prematurely commenced and is therefore barred as to the plaintiff(s).
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FOURTH AFFIRMATIVE DEFENSE:
FAILURE TO MITIGATE DAMAGES
16. Defendants state that plaintiff failed to take any or sufficient action, or such action as
was necessary, to mitigate or minimize the injuries and damages alleged or the conditions
that allegedly gave rise to those purported injuries or damages.
WHEREFORE, Defendant(s), NEW YORK CITY TRANSIT AUTHORITY demand(s)
judgment dismissing Plaintiff’s(s’) complaint with costs.
Dated: Brooklyn, New York
December 4, 2023
ANNA J. ERVOLINA
By: Jamila E. Joseph-St. Bernard, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street – 11th Floor
Brooklyn, New York 11201
(718) 694-3831
File No.: BU-22-10-13-01-001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ASTRID EGALITE, as Administrator of the Estate of
LORRAINE HECTOR,
Index No.: 533694/2023
Plaintiff(s),
DEMAND FOR A VERIFIED
-against- BILL OF PARTICULARS
NEW YORK CITY TRANSIT AUTHORITY D/B/A
MTA NEW YORK CITY TRANSIT AND DAMION
S. FOWLER,
Defendant(s).
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Pursuant to CPLR §3041, Plaintiff(s) shall, within thirty days following service of this
demand, serve upon the undersigned, a Verified Bill of Particulars stating the following:
1. Plaintiff’s address.
2. Plaintiff’s date of birth.
3. Plaintiff’s social security number.
4. Date and time of the alleged occurrence.
5. The exact location of the alleged occurrence, giving distance from and between certain
fixed points, such as street corners, curbs, crosswalks, buildings, location on station platforms
in relation to fixed points on the platform, etc.
6. If the alleged occurrence took place on a stairway, state the exact location, the number
of said stairway, and the particular step involved.
7. If a bus or other vehicle was involved, state its direction, number, route, license plate
number, and the name and badge number of the Defendant's employee in charge of said
vehicle. If the name and badge number of said employee is unavailable, provide a detailed
description of the employee including sex, height, weight, complexion, and other identifying
features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a bus,
state Plaintiff’s exact location within the bus prior to the alleged occurrence.
8. If a train was involved, state its direction, the car number(s), the subject car’s position
within the sequence of cars, and the name and badge number of the Defendant's employee in
charge of said train. If the name and badge number of said employee is unavailable, provide
a detailed description of such employee including sex, height, weight, complexion, and other
identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger
on a train, state Plaintiff’s exact location within the train car prior to the alleged occurrence.
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9. If a police officer appeared at the scene of the alleged occurrence or is otherwise
involved in the subject matter of the instant action, state the name, shield number and
precinct or command of the officer(s).
10. State the precise acts or omissions constituting the negligence alleged. If violations of
statutes, ordinances, rules or regulations are claimed, specify same. If a defect, dangerous
condition, or foreign substance is alleged, state its exact nature, location, and duration of
existence.
11. Where notice of a condition is a prerequisite, state whether actual or constructive
notice is claimed. If actual notice is claimed, state when, by, and to whom, same was given.
If constructive notice is claimed, state the length of time it is claimed the condition existed
prior to the occurrence, in the terms of minutes, hours, days, weeks, or months.
12. State the nature, extent, and location of each and every injury alleged to have been
sustained, and which, if any, are claimed to be permanent.
13. In an action designated in §5104(a) of the Insurance Law, state in what respect
Plaintiff(s) has sustained a serious injury, as defined in §5102 subdivision 4 of the Insurance
Law, or economic loss greater than basic economic loss, as defined in §5102 subdivision 1 of
the Insurance Law.
14. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint
prior to the negligence alleged in the Complaint, state:
a. The nature of the pre-existing injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said pre-existing injury or condition prior to the negligence
alleged herein, indicating dates of treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for any aggravation of said pre-existing injury or condition
subsequent to the occurrence alleged in the Complaint, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or
hospital/health care facility; and
f. whether any action in any court was brought as a result of said pre-existing
injury or condition and specify the court in which the action was brought, the
index number, and the name of the attorney, if any, who brought said action.
15. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint,
subsequent to the negligence alleged in the Complaint, caused by or related to the negligence
alleged in the Complaint, state:
a. The nature of the subsequent injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
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d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or
hospital/health care facility; and
f. whether any action in any court was brought as a result of said injury or
condition and specify the court in which the action was brought, the index
number, and the name of the attorney, if any, who brought said action.
16. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint or
any other damages or injuries, subsequent to the injuries alleged in the Complaint, caused
by any reason other than the negligence alleged in the Complaint, state:
a. The nature of the subsequent injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or
hospital/health care facility; and
f. whether any action in any court was brought as a result of said injury or
condition and specify the court in which the action was brought, the index
number, and the name of the attorney, if any, who brought said action.
17. List the names and addresses of all hospitals, medical facilities, doctors, clinics, and/or
health care providers of any kind that diagnosed or treated Plaintiff(s), indicating all dates
of diagnosis and treatment arising out of the negligence alleged in the Complaint.
18. If Plaintiff alleges any damage(s) regarding his or her status as a student, state the
name and address of the learning institution, grade or class, and all damages arising out of
the negligence alleged, including but not limited to, the length of time absent, dates of
absences, reduction of grades, etc.
19. State Plaintiff’s(s’) occupation, the full name and address of Plaintiff's(s') employer,
the name of Plaintiff’s direct supervisor, the length of time incapacitated from employment,
and all other employment-related damages arising out of the negligence alleged in the
Complaint, including loss of potential income or other opportunity.
20. State the total amounts claimed as special damages for:
a. All health care providers, indicating the names and addresses and amounts for
each;
b. medical supplies;
c. loss of earnings, specifying name(s) and address(es) of employers;
d. any portion of lost earnings which was reimbursed by disability insurance,
Workers' Compensation, Social Security, and/or any other collateral source;
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e. anticipated loss of earning capacity specifying what possible occupations,
promotions, or business opportunities Plaintiff claims to have lost;
f. nurse service, housekeeping service, or other services, specifying names,
addresses and amount for each;
g. expense(s) incurred by Plaintiff(s) in obtaining services in lieu of those he/she
would have performed, specifying the name and address of each person(s)
performing such services and period of time in which such services were
performed;
h. transportation costs; and
i. any other special damages claimed by Plaintiff.
21. If Plaintiff is eligible for, currently receiving, or has ever applied for, Social Security
Disability benefits, provide copies of all Social Security Disability records and the application
for same. Provide Plaintiff’s SSDI number, and the date(s) upon which Plaintiff became
eligible for said benefits, the basis for eligibility, and the duration of eligibility.
22. If Plaintiff is eligible for, currently receiving, or has ever applied for, Medicare
benefits, provide copies of all Medicare records and the application for same. Provide
Plaintiff’s Medical Health Insurance Claim Number (HICN) and a copy of Plaintiff’s HICN
card, the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility,
and the duration of eligibility.
23. If property damage is claimed, provide an itemized list of damage and the itemized
cost of a repair or replacement. If property damage is to a vehicle, state make, model, mileage,
overall condition, and age of vehicle, together with list of repairs, and itemized cost of same.
State whether such loss or expense was covered by insurance. State the name and address of
the insurer, the policy number, the dates and limits of coverage and deductible, if any. If
Plaintiff was not the driver of Plaintiff’s vehicle at the time of the alleged occurrence, state
the name, address, and age of the driver, and the driver’s relationship to Plaintiff.
24. A copy of Plaintiff’s driver’s license, registration, and the title of the vehicle involved.
25. A copy of any report, note, letter, video, audio recording, or any writing, completed by
or of Plaintiff, regarding the alleged occurrence and/or any damages alleged herein, including
but not limited to, any of the above provided to any insurance company, No-Fault provider,
or any other entity or person(s).
26. If loss of use of a vehicle is claimed, state the length of time of said loss. If a vehicle
was hired or rented to replace it, the rate per unit of time and duration of the rental. State
whether such loss or expense was covered by insurance, including the name and address of
the insurer, the policy number, and the dates and limits of coverage and deductible, if any.
27. If loss of services and/or society of any person is claimed, state the length of time
thereof and the nature and extent of the alleged loss.
28. If any of the special damages set forth above were reimbursed to any degree by
insurance, Workers' Compensation, Medicaid, Social Security, or any other collateral source
covering medical and dental expenses, replacement of income, or other expenses, state:
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a. The amount reimbursed and the reimbursing agency;
b. whether said reimbursing agency has filed a lien in connection therewith.
Include any benefit covering any alleged loss herein and the nature of the
benefit; and
c. where the benefit is in the form of insurance, the name and address of the
carrier, the amount of the premium, the source of payment of the premium,
and the policy number. In providing the sources of all benefits, list the names
of employers, unions, pension plans, etc., and all other information identifying
with specificity the source of the benefits.
Dated: Brooklyn, New York
December 4, 2023
ANNA J. ERVOLINA
By: Jamila E. Joseph-St. Bernard, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street – 11th Floor
Brooklyn, New York 11201
(718) 694-3831
File No.: BU-22-10-13-01-001
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ASTRID EGALITE, as Administrator of the Estate of
LORRAINE HECTOR,
Index No.: 533694/2023
Plaintiff(s),
DISCOVERY DEMANDS
-against-
NEW YORK CITY TRANSIT AUTHORITY D/B/A
MTA NEW YORK CITY TRANSIT AND DAMION
S. FOWLER,
Defendant(s).
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Pursuant to CPLR §3120, Plaintiff shall, within thirty days following service of this
demand, serve the following items upon the undersigned:
1. A list of those who have appeared in this action, together with their addresses, their
attorneys and their attorney's addresses, in sufficient detail to permit service of papers
pursuant to CPLR §2103, together with copies of all pleadings had herein.
2. Any and all books, records, bills, insurance applications, insurance receipts, cancelled
checks, and other records pertaining to collateral source reimbursement received by
Plaintiff(s) or on behalf of Plaintiff's(s') special damages alleged in the instant lawsuit.
3. Authorizations permitting the Defendant(s) to obtain the records of any person,
institution, facility, or governmental agency which has provided, or will provide, any
reimbursement for any of the special damages alleged herein.
4. Authorizations permitting the Defendant(s) to obtain all Social Security records,
Medicare records, Workers' Compensation records, employees benefit program records, No-
Fault records, and any disability records pertaining to Plaintiff(s) herein.
5. The birth certificate of the infant Plaintiff(s) in the above-captioned matter.
6. Marriage licenses, or other writings evidencing the marriage existing by and between
Plaintiff(s) herein, and authorizations for the release of same.
7. A copy of the MetroCard used on the date of the negligence alleged in the Complaint.
8. The executed statutory hearing transcript conducted of Plaintiff(s) by the
Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, The City of New York, and any
other entity that conducted a hearing, or examination under oath, of Plaintiff(s) regarding
the negligence or occurrences alleged in the Complaint.
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9. All school records and authorizations for same related to Plaintiff's(s’) academic and
attendance records at school in connection with the negligence alleged in the complaint.
10. The names and address of all institutions, corporations, persons, or others by whom
Plaintiff(s) was employed for five years prior to the negligence alleged in the Complaint to
present.
11. Authorizations to permit the Defendant(s) to obtain the records of Plaintiff's(s’)
earnings, position, title, working capacity, record of attendance, record of illness, and
employment status for the period five years prior to the date of the negligence alleged in the
Complaint to present.
12. Copies of federal, state, and city income tax returns, including W-2 forms, for the
period five years prior to the date of the negligence alleged in the Complaint to present.
13. Authorizations to permit the Defendant(s) to obtain copies of federal, state, and city
income tax returns, including W-2 forms, for the period five years prior to the date of the
negligence alleged in the Complaint to present.
14. HIPAA-compliant authorizations using NYS OCA Official Form 960 (Located online
at: www.nycourts.gov/forms/hipaa_fillable.pdf) for all medical, pharmaceutical, physician,
hospital records, and all other medical care providers who examined, diagnosed, and/or
rendered treatment to Plaintiff(s), and/or stated a prognosis regarding Plaintiff’s alleged
condition, in connection with the damages/injuries alleged in the Complaint, including but
not limited to, reports, office records, charts, prescriptions, x-rays, operative video or
photographs, radiological films, CT Scans, MRIs, diagnostic reports, and laboratory reports,
with an “End of Litigation” expiration date.
15. Authorizations compliant with Arons v. Jutkowitz, 9 N.Y.3d 393 (N.Y. 2007) allowing
the undersigned to speak with all medical care providers who examined, diagnosed, and/or
rendered treatment to Plaintiff(s). Plaintiff may also satisfy this demand by completing
section 9(b) of NYS OCA Official Form 960 (Located online at:
www.nycourts.gov/forms/hipaa_fillable.pdf).
16. All medical reports pursuant to 22 NYCRR §202.17 and Hamilton v. Miller, 23 N.Y.
3d 592 (2014) (Please note that in Hamilton, the Court of Appeals held that Plaintiff must
provide medical reports in addition to authorizations for the same).
17. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint,
prior to the negligence alleged in the Complaint, Defendant demands HIPAA-compliant
authorizations for those conditions or injuries as set forth in paragraph 14, and Arons-
compliant authorizations as set forth in paragraph 15.
18. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint,
subsequent to the negligence alleged in the Complaint, caused by or related to the negligence
alleged in the Complaint, Defendant demands HIPAA-compliant authorizations as set forth
in paragraph 14, and Arons-compliant authorizations as set forth in paragraph 15.
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19. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint for
any reason other than the negligence alleged in the Complaint, Defendant demands HIPAA-
compliant authorizations as set forth in paragraph 14, and Arons-compliant authorizations
as set forth in paragraph 15.
20. The names and addresses, both residence and business, of each person known or
claimed to be a witness to the occurrence, and/or damages.
21. The names and addresses, both residence and business, of each person known or
claimed to be a witness as to notice of the condition alleged in the Complaint.
22. The names and addresses, both residence and business, of each person intended by
Plaintiff(s) to be called to testify at trial.
23. Every statement taken or received by Plaintiff(s) or any other party or their
representative attorneys, agents or representatives, from Defendant(s) or any employee(s) or
agent(s) of Defendant(s).
24. All reports prepared by, or on behalf of, Plaintiff describing the negligence alleged in
the complaint, including but not limited to, MV104 reports, 911 call recordings, reports
prepared for employers or educational institutions, No-Fault applications, Worker’s
Compensation Records, and any reports or writings of any kind, describing the negligence
alleged in the complaint.
25. All Freedom of Information Law (FOIL) requests and responses to and from all
sources including but not limited to, Defendant(s), the City of New York, the State of New
York, and any of their subsidiaries and/or agencies.
26. All relevant media, including but not limited to, photographs, video, audio, writings,
and/or other reproductions of any kind involving the Defendant(s) herein, Plaintiff, the
accident location, the instrumentality or description of the negligence alleged in the
Complaint, and the injuries and/or damages alleged in the complaint. Defendant(s) demands
the film negative, or original digital file(s) with metadata intact, and that Plaintiff preserve
said original digital file(s) with metadata intact.
27. Identify each person whom the party expects to call as an expert witness at trial and
shall disclose in reasonable detail the subject matter on which each expert is expected to
testify, the substance of the facts and opinion on which each expert is expected to testify, the
qualifications of each expert witness and a summary of the grounds for each expert's opinion.
In addition to the items requested above, also state in reasonable detail:
a. All hypothetical facts which the expert has been asked to assume;
b. whether or not the expert is Board Certified and if so, the name of the
Certifying Board and the year that the expert was certified;
c. the State(s) in which the expert is licensed to practice medicine, or other area
of specialty;
d. the State(s) in which the expert regularly practices medicine, or other area of
specialty;
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e. the State(s) in which the expert maintains his regular office for the practice of
medicine or other specialty;
f. any text, article, feature, published letter or other work authored, contributed
to or edited by the expert identified by publication, volume number, date or
other appropriate identifying matter including title, etc.;
g. the undergraduate school and the year of graduation of the expert;
h. any medical schools or other graduate and/or post graduate and/or professional
institutions attended by the expert including the years of attendance and
graduation; and,
i. the internship, residency, fellowship and/or other specialized training of the
expert, including years of attendance, institutions attended, and years of
graduation, if any.
NOTICE TO TAKE DEPOSITION
Pursuant to CPLR §3107, the testimony upon oral examination of all adverse parties
will be taken at 130 Livingston Street, 11th Floor, Brooklyn, New York, 11201, at 11:00 a.m.,
on April 4, 2024.
Dated: Brooklyn, New York
December 4, 2023
ANNA J. ERVOLINA
By: Jamila E. Joseph-St. Bernard, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street – 11th Floor
Brooklyn, New York 11201
(718) 694-3831
File No.: BU-22-10-13-01-001
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VERIFICATION
I am an attorney associated with ANNA J. ERVOLINA, attorney for Defendant(s),
NEW YORK CITY TRANSIT AUTHORITY. I have read the foregoing Verified Answer,
Discovery Demands, and Demand for a Verified Bill of Particulars, and the same are true to
my knowledge except as to matters stated to be alleged on information and belief, and as to
those matters I believe them to be true. The sources of my information and the grounds for
my belief are the books, records, and papers of Defendant(s), NEW YORK CITY TRANSIT
AUTHORITY relating to the matter in issue and/or statements made by the officers, agents,
and employees of the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY and that
the reason why this verification is not made by Defendant(s), NEW YORK CITY TRANSIT
AUTHORITY is that Defendant(s), NEW YORK CITY TRANSIT AUTHORITY is a public
benefit corporation. I affirm that the foregoing statements are true under penalties of perjury.
My signature below constitutes the signature required pursuant to 22 NYCRR 130-
1.1a, and it applies to all enclosed documents (Verified Answer, Discovery Demands, and
Demand for a Verified Bill of Particulars).
Dated: Brooklyn, New York
December 4, 2023
________________________________________
ANNA J. ERVOLINA
By: Jamila E. Joseph-St. Bernard, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street – 11th Floor
Brooklyn, New York 11201
(718) 694-3831
File No.: BU-22-10-13-01-001
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FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 JLJ/jm/#2072942 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------- X ASTRID EGALITE, as Administrator of the Estate of LORRAINE HECTOR, Index No.: 533694/2023 Plaintiff(s), ANSWER -against- NEW YORK CITY TRANSIT AUTHORITY D/B/A MTA NEW YORK CITY TRANSIT AND DAMION S. FOWLER, Defendant(s). --------------------------------------------------------------------------- X Defendant(s), NEW YORK CITY TRANSIT AUTHORITY answers Plaintiff's(s') Complaint as follows: 1. Denies that it has the knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) 1, 2, 3 and 28 of the complaint. 2. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 4 and 5 of the Complaint except admits that at all times mentioned in the complaint, Defendant NEW YORK CITY TRANSIT AUTHORITY was and still is a public benefit corporation duly authorized and existing under and by virtue of the laws of the State of New York. 3. Denies, upon information and belief, the allegation contained in paragraph(s) 6, 7, 8, 9, 10, 11 and 12 of the complaint except admit(s) that a certain paper purporting to be a notice of claim was received by the office of the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY; that more than thirty days elapsed since receipt thereof and said matter remains unadjusted and unpaid and that less than one year and ninety days has elapsed from the alleged happening of the occurrence herein until the commencement of this action. 1 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 4. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 13, 14, 15, 16, 21, 22, 23, 24, 25, 26 and 27 of the Complaint except admits that at all times mentioned in the complaint, defendant NEW YORK CITY TRANSIT AUTHORITY owned and maintained a bus bearing registration number AU2074 and said bus was operated by DAMION FOWLER within the scope of his employment with DEFENDANT NEW YORK CITY TRANSIT AUTHORITY in the County of Kings, City and State of New York. 5. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 29, 30, 31 and 32 of the Complaint. AS AND FOR A FIRST CAUSE OF ACTION 6. Answering paragraph numbered 33 of the complaint, defendant(s), NEW YORK CITY TRANSIT AUTHORITY, repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 7. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 34, 35, 36, 37 and 38 of the Complaint. AS AND FOR A SECOND CAUSE OF ACTION 8. Answering paragraph numbered 39 of the complaint, defendant(s), NEW YORK CITY TRANSIT AUTHORITY, repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 9. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 40, 41, 42 and 43 of the Complaint. AS AND FOR A THIRD CAUSE OF ACTION 10. Answering paragraph numbered 44 of the complaint, defendant(s), NEW YORK CITY TRANSIT AUTHORITY, repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 2 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 11. Denies that it has the knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) 45 of the complaint. 12. Denies, upon information and belief, the allegation(s) contained in paragraph(s) 46, 47, 48, 49 and 50 of the Complaint. FIRST AFFIRMATIVE DEFENSE: CULPABLE CONDUCT 13. Upon information and belief, whatever injuries and/or damages Plaintiff(s) may have sustained at the time and place mentioned in the Verified Complaint, were caused, in whole or in part, by Plaintiff’s(s') culpable conduct. The amount of damages recovered, if any, shall be diminished in the proportion that said culpable conduct attributable to Plaintiff(s) caused said injuries and/or damages. SECOND AFFIRMATIVE DEFENSE: COLLATERAL SOURCE 14. Upon information and belief, any award for recovery of the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings, or other economic loss claimed by Plaintiff’s(s’) shall be reduced to the extent that any such cost was or will with reasonable certainty be replaced or indemnified from any collateral source pursuant to CPLR §4545. THIRD AFFIRMATIVE DEFENSE: FAILURE TO APPEAR FOR STATUTORY HEARING 15. Upon information and belief, pursuant to the provisions of Section 1212 of the Public Authorities Law of the State of New York, plaintiff(s), ASTRID EGALITE, AS ADMINISTRATOR OF THE ESTATE OF LORRAINE HECTOR, was, was duly notified to appear and to be orally examined before the defendant, NEW YORK CITY TRANSIT AUTHORITY, which examination has not been conducted as of this date, that this action is prematurely commenced and is therefore barred as to the plaintiff(s). 3 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 FOURTH AFFIRMATIVE DEFENSE: FAILURE TO MITIGATE DAMAGES 16. Defendants state that plaintiff failed to take any or sufficient action, or such action as was necessary, to mitigate or minimize the injuries and damages alleged or the conditions that allegedly gave rise to those purported injuries or damages. WHEREFORE, Defendant(s), NEW YORK CITY TRANSIT AUTHORITY demand(s) judgment dismissing Plaintiff’s(s’) complaint with costs. Dated: Brooklyn, New York December 4, 2023 ANNA J. ERVOLINA By: Jamila E. Joseph-St. Bernard, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street – 11th Floor Brooklyn, New York 11201 (718) 694-3831 File No.: BU-22-10-13-01-001 4 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------- X ASTRID EGALITE, as Administrator of the Estate of LORRAINE HECTOR, Index No.: 533694/2023 Plaintiff(s), DEMAND FOR A VERIFIED -against- BILL OF PARTICULARS NEW YORK CITY TRANSIT AUTHORITY D/B/A MTA NEW YORK CITY TRANSIT AND DAMION S. FOWLER, Defendant(s). --------------------------------------------------------------------------- X Pursuant to CPLR §3041, Plaintiff(s) shall, within thirty days following service of this demand, serve upon the undersigned, a Verified Bill of Particulars stating the following: 1. Plaintiff’s address. 2. Plaintiff’s date of birth. 3. Plaintiff’s social security number. 4. Date and time of the alleged occurrence. 5. The exact location of the alleged occurrence, giving distance from and between certain fixed points, such as street corners, curbs, crosswalks, buildings, location on station platforms in relation to fixed points on the platform, etc. 6. If the alleged occurrence took place on a stairway, state the exact location, the number of said stairway, and the particular step involved. 7. If a bus or other vehicle was involved, state its direction, number, route, license plate number, and the name and badge number of the Defendant's employee in charge of said vehicle. If the name and badge number of said employee is unavailable, provide a detailed description of the employee including sex, height, weight, complexion, and other identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a bus, state Plaintiff’s exact location within the bus prior to the alleged occurrence. 8. If a train was involved, state its direction, the car number(s), the subject car’s position within the sequence of cars, and the name and badge number of the Defendant's employee in charge of said train. If the name and badge number of said employee is unavailable, provide a detailed description of such employee including sex, height, weight, complexion, and other identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a train, state Plaintiff’s exact location within the train car prior to the alleged occurrence. 5 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 9. If a police officer appeared at the scene of the alleged occurrence or is otherwise involved in the subject matter of the instant action, state the name, shield number and precinct or command of the officer(s). 10. State the precise acts or omissions constituting the negligence alleged. If violations of statutes, ordinances, rules or regulations are claimed, specify same. If a defect, dangerous condition, or foreign substance is alleged, state its exact nature, location, and duration of existence. 11. Where notice of a condition is a prerequisite, state whether actual or constructive notice is claimed. If actual notice is claimed, state when, by, and to whom, same was given. If constructive notice is claimed, state the length of time it is claimed the condition existed prior to the occurrence, in the terms of minutes, hours, days, weeks, or months. 12. State the nature, extent, and location of each and every injury alleged to have been sustained, and which, if any, are claimed to be permanent. 13. In an action designated in §5104(a) of the Insurance Law, state in what respect Plaintiff(s) has sustained a serious injury, as defined in §5102 subdivision 4 of the Insurance Law, or economic loss greater than basic economic loss, as defined in §5102 subdivision 1 of the Insurance Law. 14. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint prior to the negligence alleged in the Complaint, state: a. The nature of the pre-existing injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said pre-existing injury or condition prior to the negligence alleged herein, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for any aggravation of said pre-existing injury or condition subsequent to the occurrence alleged in the Complaint, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility; and f. whether any action in any court was brought as a result of said pre-existing injury or condition and specify the court in which the action was brought, the index number, and the name of the attorney, if any, who brought said action. 15. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint, subsequent to the negligence alleged in the Complaint, caused by or related to the negligence alleged in the Complaint, state: a. The nature of the subsequent injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; 6 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility; and f. whether any action in any court was brought as a result of said injury or condition and specify the court in which the action was brought, the index number, and the name of the attorney, if any, who brought said action. 16. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint or any other damages or injuries, subsequent to the injuries alleged in the Complaint, caused by any reason other than the negligence alleged in the Complaint, state: a. The nature of the subsequent injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility; and f. whether any action in any court was brought as a result of said injury or condition and specify the court in which the action was brought, the index number, and the name of the attorney, if any, who brought said action. 17. List the names and addresses of all hospitals, medical facilities, doctors, clinics, and/or health care providers of any kind that diagnosed or treated Plaintiff(s), indicating all dates of diagnosis and treatment arising out of the negligence alleged in the Complaint. 18. If Plaintiff alleges any damage(s) regarding his or her status as a student, state the name and address of the learning institution, grade or class, and all damages arising out of the negligence alleged, including but not limited to, the length of time absent, dates of absences, reduction of grades, etc. 19. State Plaintiff’s(s’) occupation, the full name and address of Plaintiff's(s') employer, the name of Plaintiff’s direct supervisor, the length of time incapacitated from employment, and all other employment-related damages arising out of the negligence alleged in the Complaint, including loss of potential income or other opportunity. 20. State the total amounts claimed as special damages for: a. All health care providers, indicating the names and addresses and amounts for each; b. medical supplies; c. loss of earnings, specifying name(s) and address(es) of employers; d. any portion of lost earnings which was reimbursed by disability insurance, Workers' Compensation, Social Security, and/or any other collateral source; 7 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 e. anticipated loss of earning capacity specifying what possible occupations, promotions, or business opportunities Plaintiff claims to have lost; f. nurse service, housekeeping service, or other services, specifying names, addresses and amount for each; g. expense(s) incurred by Plaintiff(s) in obtaining services in lieu of those he/she would have performed, specifying the name and address of each person(s) performing such services and period of time in which such services were performed; h. transportation costs; and i. any other special damages claimed by Plaintiff. 21. If Plaintiff is eligible for, currently receiving, or has ever applied for, Social Security Disability benefits, provide copies of all Social Security Disability records and the application for same. Provide Plaintiff’s SSDI number, and the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility, and the duration of eligibility. 22. If Plaintiff is eligible for, currently receiving, or has ever applied for, Medicare benefits, provide copies of all Medicare records and the application for same. Provide Plaintiff’s Medical Health Insurance Claim Number (HICN) and a copy of Plaintiff’s HICN card, the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility, and the duration of eligibility. 23. If property damage is claimed, provide an itemized list of damage and the itemized cost of a repair or replacement. If property damage is to a vehicle, state make, model, mileage, overall condition, and age of vehicle, together with list of repairs, and itemized cost of same. State whether such loss or expense was covered by insurance. State the name and address of the insurer, the policy number, the dates and limits of coverage and deductible, if any. If Plaintiff was not the driver of Plaintiff’s vehicle at the time of the alleged occurrence, state the name, address, and age of the driver, and the driver’s relationship to Plaintiff. 24. A copy of Plaintiff’s driver’s license, registration, and the title of the vehicle involved. 25. A copy of any report, note, letter, video, audio recording, or any writing, completed by or of Plaintiff, regarding the alleged occurrence and/or any damages alleged herein, including but not limited to, any of the above provided to any insurance company, No-Fault provider, or any other entity or person(s). 26. If loss of use of a vehicle is claimed, state the length of time of said loss. If a vehicle was hired or rented to replace it, the rate per unit of time and duration of the rental. State whether such loss or expense was covered by insurance, including the name and address of the insurer, the policy number, and the dates and limits of coverage and deductible, if any. 27. If loss of services and/or society of any person is claimed, state the length of time thereof and the nature and extent of the alleged loss. 28. If any of the special damages set forth above were reimbursed to any degree by insurance, Workers' Compensation, Medicaid, Social Security, or any other collateral source covering medical and dental expenses, replacement of income, or other expenses, state: 8 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 a. The amount reimbursed and the reimbursing agency; b. whether said reimbursing agency has filed a lien in connection therewith. Include any benefit covering any alleged loss herein and the nature of the benefit; and c. where the benefit is in the form of insurance, the name and address of the carrier, the amount of the premium, the source of payment of the premium, and the policy number. In providing the sources of all benefits, list the names of employers, unions, pension plans, etc., and all other information identifying with specificity the source of the benefits. Dated: Brooklyn, New York December 4, 2023 ANNA J. ERVOLINA By: Jamila E. Joseph-St. Bernard, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street – 11th Floor Brooklyn, New York 11201 (718) 694-3831 File No.: BU-22-10-13-01-001 9 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------------- X ASTRID EGALITE, as Administrator of the Estate of LORRAINE HECTOR, Index No.: 533694/2023 Plaintiff(s), DISCOVERY DEMANDS -against- NEW YORK CITY TRANSIT AUTHORITY D/B/A MTA NEW YORK CITY TRANSIT AND DAMION S. FOWLER, Defendant(s). --------------------------------------------------------------------------- X Pursuant to CPLR §3120, Plaintiff shall, within thirty days following service of this demand, serve the following items upon the undersigned: 1. A list of those who have appeared in this action, together with their addresses, their attorneys and their attorney's addresses, in sufficient detail to permit service of papers pursuant to CPLR §2103, together with copies of all pleadings had herein. 2. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, and other records pertaining to collateral source reimbursement received by Plaintiff(s) or on behalf of Plaintiff's(s') special damages alleged in the instant lawsuit. 3. Authorizations permitting the Defendant(s) to obtain the records of any person, institution, facility, or governmental agency which has provided, or will provide, any reimbursement for any of the special damages alleged herein. 4. Authorizations permitting the Defendant(s) to obtain all Social Security records, Medicare records, Workers' Compensation records, employees benefit program records, No- Fault records, and any disability records pertaining to Plaintiff(s) herein. 5. The birth certificate of the infant Plaintiff(s) in the above-captioned matter. 6. Marriage licenses, or other writings evidencing the marriage existing by and between Plaintiff(s) herein, and authorizations for the release of same. 7. A copy of the MetroCard used on the date of the negligence alleged in the Complaint. 8. The executed statutory hearing transcript conducted of Plaintiff(s) by the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY, The City of New York, and any other entity that conducted a hearing, or examination under oath, of Plaintiff(s) regarding the negligence or occurrences alleged in the Complaint. 10 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 9. All school records and authorizations for same related to Plaintiff's(s’) academic and attendance records at school in connection with the negligence alleged in the complaint. 10. The names and address of all institutions, corporations, persons, or others by whom Plaintiff(s) was employed for five years prior to the negligence alleged in the Complaint to present. 11. Authorizations to permit the Defendant(s) to obtain the records of Plaintiff's(s’) earnings, position, title, working capacity, record of attendance, record of illness, and employment status for the period five years prior to the date of the negligence alleged in the Complaint to present. 12. Copies of federal, state, and city income tax returns, including W-2 forms, for the period five years prior to the date of the negligence alleged in the Complaint to present. 13. Authorizations to permit the Defendant(s) to obtain copies of federal, state, and city income tax returns, including W-2 forms, for the period five years prior to the date of the negligence alleged in the Complaint to present. 14. HIPAA-compliant authorizations using NYS OCA Official Form 960 (Located online at: www.nycourts.gov/forms/hipaa_fillable.pdf) for all medical, pharmaceutical, physician, hospital records, and all other medical care providers who examined, diagnosed, and/or rendered treatment to Plaintiff(s), and/or stated a prognosis regarding Plaintiff’s alleged condition, in connection with the damages/injuries alleged in the Complaint, including but not limited to, reports, office records, charts, prescriptions, x-rays, operative video or photographs, radiological films, CT Scans, MRIs, diagnostic reports, and laboratory reports, with an “End of Litigation” expiration date. 15. Authorizations compliant with Arons v. Jutkowitz, 9 N.Y.3d 393 (N.Y. 2007) allowing the undersigned to speak with all medical care providers who examined, diagnosed, and/or rendered treatment to Plaintiff(s). Plaintiff may also satisfy this demand by completing section 9(b) of NYS OCA Official Form 960 (Located online at: www.nycourts.gov/forms/hipaa_fillable.pdf). 16. All medical reports pursuant to 22 NYCRR §202.17 and Hamilton v. Miller, 23 N.Y. 3d 592 (2014) (Please note that in Hamilton, the Court of Appeals held that Plaintiff must provide medical reports in addition to authorizations for the same). 17. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint, prior to the negligence alleged in the Complaint, Defendant demands HIPAA-compliant authorizations for those conditions or injuries as set forth in paragraph 14, and Arons- compliant authorizations as set forth in paragraph 15. 18. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint, subsequent to the negligence alleged in the Complaint, caused by or related to the negligence alleged in the Complaint, Defendant demands HIPAA-compliant authorizations as set forth in paragraph 14, and Arons-compliant authorizations as set forth in paragraph 15. 11 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 19. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint for any reason other than the negligence alleged in the Complaint, Defendant demands HIPAA- compliant authorizations as set forth in paragraph 14, and Arons-compliant authorizations as set forth in paragraph 15. 20. The names and addresses, both residence and business, of each person known or claimed to be a witness to the occurrence, and/or damages. 21. The names and addresses, both residence and business, of each person known or claimed to be a witness as to notice of the condition alleged in the Complaint. 22. The names and addresses, both residence and business, of each person intended by Plaintiff(s) to be called to testify at trial. 23. Every statement taken or received by Plaintiff(s) or any other party or their representative attorneys, agents or representatives, from Defendant(s) or any employee(s) or agent(s) of Defendant(s). 24. All reports prepared by, or on behalf of, Plaintiff describing the negligence alleged in the complaint, including but not limited to, MV104 reports, 911 call recordings, reports prepared for employers or educational institutions, No-Fault applications, Worker’s Compensation Records, and any reports or writings of any kind, describing the negligence alleged in the complaint. 25. All Freedom of Information Law (FOIL) requests and responses to and from all sources including but not limited to, Defendant(s), the City of New York, the State of New York, and any of their subsidiaries and/or agencies. 26. All relevant media, including but not limited to, photographs, video, audio, writings, and/or other reproductions of any kind involving the Defendant(s) herein, Plaintiff, the accident location, the instrumentality or description of the negligence alleged in the Complaint, and the injuries and/or damages alleged in the complaint. Defendant(s) demands the film negative, or original digital file(s) with metadata intact, and that Plaintiff preserve said original digital file(s) with metadata intact. 27. Identify each person whom the party expects to call as an expert witness at trial and shall disclose in reasonable detail the subject matter on which each expert is expected to testify, the substance of the facts and opinion on which each expert is expected to testify, the qualifications of each expert witness and a summary of the grounds for each expert's opinion. In addition to the items requested above, also state in reasonable detail: a. All hypothetical facts which the expert has been asked to assume; b. whether or not the expert is Board Certified and if so, the name of the Certifying Board and the year that the expert was certified; c. the State(s) in which the expert is licensed to practice medicine, or other area of specialty; d. the State(s) in which the expert regularly practices medicine, or other area of specialty; 12 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 e. the State(s) in which the expert maintains his regular office for the practice of medicine or other specialty; f. any text, article, feature, published letter or other work authored, contributed to or edited by the expert identified by publication, volume number, date or other appropriate identifying matter including title, etc.; g. the undergraduate school and the year of graduation of the expert; h. any medical schools or other graduate and/or post graduate and/or professional institutions attended by the expert including the years of attendance and graduation; and, i. the internship, residency, fellowship and/or other specialized training of the expert, including years of attendance, institutions attended, and years of graduation, if any. NOTICE TO TAKE DEPOSITION Pursuant to CPLR §3107, the testimony upon oral examination of all adverse parties will be taken at 130 Livingston Street, 11th Floor, Brooklyn, New York, 11201, at 11:00 a.m., on April 4, 2024. Dated: Brooklyn, New York December 4, 2023 ANNA J. ERVOLINA By: Jamila E. Joseph-St. Bernard, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street – 11th Floor Brooklyn, New York 11201 (718) 694-3831 File No.: BU-22-10-13-01-001 13 of 14 FILED: KINGS COUNTY CLERK 12/04/2023 10:55 AM INDEX NO. 533694/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/04/2023 VERIFICATION I am an attorney associated with ANNA J. ERVOLINA, attorney for Defendant(s), NEW YORK CITY TRANSIT AUTHORITY. I have read the foregoing Verified Answer, Discovery Demands, and Demand for a Verified Bill of Particulars, and the same are true to my knowledge except as to matters stated to be alleged on information and belief, and as to those matters I believe them to be true. The sources of my information and the grounds for my belief are the books, records, and papers of Defendant(s), NEW YORK CITY TRANSIT AUTHORITY relating to the matter in issue and/or statements made by the officers, agents, and employees of the Defendant(s), NEW YORK CITY TRANSIT AUTHORITY and that the reason why this verification is not made by Defendant(s), NEW YORK CITY TRANSIT AUTHORITY is that Defendant(s), NEW YORK CITY TRANSIT AUTHORITY is a public benefit corporation. I affirm that the foregoing statements are true under penalties of perjury. My signature below constitutes the signature required pursuant to 22 NYCRR 130- 1.1a, and it applies to all enclosed documents (Verified Answer, Discovery Demands, and Demand for a Verified Bill of Particulars). Dated: Brooklyn, New York December 4, 2023 ________________________________________ ANNA J. ERVOLINA By: Jamila E. Joseph-St. Bernard, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY 130 Livingston Street – 11th Floor Brooklyn, New York 11201 (718) 694-3831 File No.: BU-22-10-13-01-001 14 of 14