Preview
FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------------------------------------------------------------------------------X
DARREN CONFESSORE AND DIANE SCHULTZ, ANSWER WITH
COUNTERCLAIM
Plaintiff,
Index No. 720317/2023
-against-
SEBASTIAN DANIEL PACHECO and JORGE M
PACHECO,
Defendants.
-----------------------------------------------------------------------------------------------------------------------------------X
The Defendants, SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, by the
Law Office of John Trop, as and for their Answer to the Complaint herein, alleges as follows:
FIRST: Deny any knowledge or information sufficient to form a belief as to the
allegations contained in paragraphs designated as “1”, “2”, “6”, “11”, “12”, “13”, “14”, “15”,
“16”, “17”, “18”, “19”, “20”, “21” and “22” of the Complaint herein.
SECOND: Admit the allegations contained in paragraphs designated as “3”, “4”, “5”,
“7”, “8”, “9” and “10” of the Complaint herein.
THIRD: Deny each and every allegation contained in paragraph designated as “23” of
the Complaint herein.
AS AND FOR THE FIRST CAUSE OF ACTION
FOURTH: Repeats and reiterates their responses to the allegations set forth in the
paragraphs designated “1” through “23”, as reiterated in paragraph “24” of the Complaint herein,
with the same force and effect as if set forth in length.
FIFTH: Deny each and every allegation contained in paragraphs designated as “25”,
“26”, “27”, “28”, “29”, “30”, “31” and “32” of the Complaint herein.
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AS AND FOR THE SECOND CAUSE OF ACTION
SIXTH: Repeats and reiterates their responses to the allegations set forth in the
paragraphs designated “1” through “32”, as reiterated in paragraph “33” of the Complaint herein,
with the same force and effect as if set forth in length.
SEVENTH: Deny each and every allegation contained in paragraph designated as “34”,
“35”, “36”, “37”, “38”, “39”, “40” and “41” of the Complaint herein.
AS FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
If the Plaintiff sustained any injuries and/or damages at the time and place alleged in the
complaint, the Plaintiff assumed the risk inherent in the activity in which Plaintiff was then
engaged and further such injuries and/or damages were caused by reason of the culpable conduct
and/or negligence of the plaintiff contributing thereto.
AS FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
That the said action is barred and precluded by virtue of Article 51, Sections 5101, 5102,
5103 and 5104 of the New York State Insurance Law.
AS FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
The injuries claimed to have been sustained were caused as Plaintiff did not avail
himself of the protective devices to mitigate the injuries, and further acted unreasonably and
disregarded his own best interests and thus contributed to the happening of the injuries.
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AS FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
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 services,
loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or
indemnified in whole or in part from the collateral source as defined in Section 4545(c) of the
New York Civil Practice Law and Rules. If any damages are recoverable against the said
answering Defendant, the amount of such damages shall be diminished by the amount of the
funds which Plaintiff has or shall receive from such collateral source.
AS FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, THE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF:
Plaintiff failed to take all reasonable measures to reduce, mitigate and/or minimize the
damages alleged.
AS FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
Defendants cannot be held liable as Defendant was faced with a sudden emergency
situation, not of his own doing and/or creation, and therefore, not chargeable with negligence and
accordingly, the summons and complaint should be dismissed.
AS FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
In the event that any person or entity liable or claimed to be liable for the injury alleged
in this action has been given or may hereafter be given a release or covenant not to sue,
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answering Defendant will be entitled to protection under New York General Obligations Law
15-108 and the corresponding reduction of any damages that may be determined to be due
against said Defendant.
AS FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE
ENTIRE ACTION, DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF:
The plaintiff failed to obtain jurisdiction over the defendant due to improper service.
AS AND FOR A COUNTERCLAIM AGAINST PLAINTIFF DARREN CONFESSORE,
THESE DEFENDANTS, SEBASTIAN DANIEL PACHECO AND JORGE M PACHECO
ALLEGE:
That if the Plaintiff, DIANE SCHULTZ, sustained the injuries alleged in the manner
alleged all of which have been denied by these Defendants then such injuries were caused in
whole or in part by the culpable conduct of the Plaintiff, DARREN CONFESSORE, above
named.
That by reason of the foregoing, these Defendants are or will be entitled to have judgment
over against said Plaintiff, DARREN CONFESSORE, in whole or in part as to any sum awarded
to Plaintiff, DIANE SCHULTZ, against these Defendants.
WHEREFORE, these Defendants demand judgment dismissing the Plaintiff’s
Complaint or in the event that Plaintiff, DIANE SCHULTZ recovers any sum of money against
these Defendants, then these Defendants demand judgment over against Plaintiff, DARREN
CONFESSORE, above named as to any such amount, together with such other and further relief
as is proper.
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DATED: Garden City, NY
October 26, 2023
Yours, etc.,
Law Office of John Trop
Robert E. Giovinazzi
Attorney for Defendants
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
Fax: (516) 877-5797
Our File No. N220545353.1-C3
TO: LAW OFFICES OF DARREN T. MOORE P.C.
Attorney for Plaintiffs
171 Madison Avenue, Suite 305
New York, New York 10016
Tel: (917) 809-7014
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
DARREN CONFESSORE AND DIANE COMBINED DEMAND FOR
SCHULTZ, DISCOVERY AND INSPECTION
Plaintiff, Index No. 720317/2023
-against-
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. The names and addresses of all witnesses known to Plaintiff(s) and
Plaintiff's representatives, who it will be claimed were witnesses to the
following:
a) The alleged occurrence in question.
b) Any alleged defective condition.
c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statements, oral, written or electronically recorded, from any party we
represent, in the possession of Plaintiff(s) or Plaintiff(s) representatives.
3. Any photographs of the following:
a) The site of the alleged occurrence.
b) Any instrumentalities involved.
4. Any accident reports made in the normal course of business. Pataki v.
Kiseda, 80 A.D. 2d 100, 437 N.Y.S. 2d 692 (1981).
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5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
6. Any notes, records, memoranda, diagrams, drawings, photographs made
or taken by any investigator employed by Plaintiff(s) or Plaintiff(s)
representatives, even if made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
8. In reasonable detail, the subject matter on which each expert is expected to
testify;
9. The substance of the facts and opinions on which each expert is expected
to testify;
10. The qualification of each expert witness, and;
11. A summary of the grounds for each expert’s opinion.
12. Maintenance and repair records for the motor vehicle of Plaintiff(s) for
one (1) year prior to the alleged occurrence.
13. Copies of any letters or written communications from Plaintiff(s) to
Defendant(s) citing any alleged defective conditions.
14. Duly executed Authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period
commencing one (1) year prior to the date of the subject occurrence and
continuing to the present date. This Authorization shall allow access to,
but shall not be limited to, records regarding Plaintiff(s)' salary and
attendance.
(a) If Plaintiff is a student: duly executed Authorization(s) allowing
the undersigned to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence
and continuing to the present date.
15. Copies of Plaintiff(s)' City, State and Federal Income Tax Records for the
period commencing two (2) years prior to the date of the subject
occurrence and for all subsequent years up to and including the present. If
such records, or a portion thereof, are unavailable, authorizations to obtain
such records from the Internal Revenue Service and/or New York State
Department of Taxation. If Income Tax Returns were not filed for such
period or a portion thereof, so state in reply to this demand.
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16. Duly executed and acknowledged original Authorizations permitting
this/these Defendant(s) to obtain and copy No-Fault medical and wage
records for each Plaintiff for the period from the date of occurrence to the
present.
17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
Insurance Law of the State of New York (No-Fault Law); with respect to
each and every application:
a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made,
including OBEL, Additional PIP and Medical Payments coverage.
b) Set forth duly executed and acknowledged written Authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "a)".
18. If a claim has or will be made pursuant to the terms of the Workers'
Compensation Law, with respect to each and every application:
a) Set forth the name, address, policy number and claim number to
which a claim has been or will be made, together with the Workers'
Compensation Board file number.
b) Set forth duly executed and acknowledged written Authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "a)".
19. If a disability claim has or will be made pursuant to the terms of the Social
Security Laws, with respect to each and every application:
a) Set forth the claim office, the address and the claim number
assigned.
b) Set forth duly executed and acknowledged written Authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff.
20. Pursuant to CPLR Section 4545(a), produce and permit the undersigned
attorneys to inspect and copy the contents of:
a) Each and every collateral source of payment, including but not
limited to, insurance agreements, Social Security, Workers'
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by Plaintiffs and for which recovery
is sought in the instant action, and
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b) A written statement setting forth any and all such collateral sources
and their amounts.
c) Duly executed written authorizations permitting the undersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
d) The amounts and any and all correspondence in which Plaintiff(s)
will claim as lawful liens against Plaintiff(s) recovery.
21. If it is claimed that Plaintiff Husband/Wife is married to Plaintiff
Husband/Wife, set forth a copy of their Marriage Certificate.
22. If it is claimed that infant son/daughter is the natural son/daughter of the
Plaintiff, set forth a copy of the Birth Certificate of infant.
23. Withholding statements, pay envelopes, deposit slips, or any other
evidence of income earned by Plaintiff(s) for the current calendar year.
24. Copies of any and all bills, statements or receipts relating to any
non-medical expense claimed as damages in this lawsuit which have not
been produced in response to any of the preceding paragraphs.
25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and
any other damaged property. If the vehicle was not repairable, in addition,
attach estimates of the value of the vehicle on the date of the alleged
incident and estimates and/or receipts concerning salvage value.
26. Any releases, and any other type of settlement agreements between
Plaintiff(s) and any other party which may have been responsible for the
damages claimed by Plaintiff(s).
27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches
and any other tangible items or documentary evidence which you intend to
use during the trial of this case, and which have not been produced in
response to any of the preceding paragraphs.
28. All documents, papers or evidence to be introduced at trial.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
DATED: Garden City, NY
October 26, 2023
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Yours, etc.,
Law Office of John Trop
Robert E. Giovinazzi
Attorney for Defendant
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
Fax: (516) 877-5797
Our File No. N220545353.1-C3
TO: LAW OFFICES OF DARREN T. MOORE P.C.
Attorney for Plaintiffs
171 Madison Avenue, Suite 305
New York, New York 10016
Tel: (917) 809-7014
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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DARREN CONFESSORE AND DIANE DEMAND FOR VERIFIED BILL OF
SCHULTZ, PARTICULARS WITH NOTICE
PURSUANT TO CPLR 3042(C)
Plaintiff,
Index No. 720317/2023
-against-
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that you are hereby required to file and serve the
following Verified Bill of Particulars of Plaintiff's alleged cause of action herein, within thirty
(30) days from the date of service hereof.
1. The date and time of day of the occurrence.
2. State the location of the accident in sufficient detail to permit
identification, giving direction in which each vehicle was proceeding.
3. Statement of the acts of omissions constituting the negligence claimed.
4. State what part of each of the respective vehicles came in contact.
If property damages are being claimed, set forth:
5. Itemized statement of the alleged damage to Plaintiff's vehicle, together
with the costs of repair of each item.
6. State the make, model and year of manufacture of Plaintiff's vehicle and
the reasonable market value of same immediately prior to and immediately
after the alleged accident.
If personal injuries are being claimed, set forth:
7. The nature, extent, location and duration of each and every injury alleged
to have been sustained by Plaintiff and which, if any are claimed to be
permanent.
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8. The length of time, giving specific dates, Plaintiff was confined to: (a) the
hospital, (b) the bed, and (c) the home, as a result of the alleged injuries.
9. The length of time incapacitated from employment and/or household
duties as a result of the alleged injuries. If Plaintiff is a student, the length
of time incapacitated from school as a result of the alleged injuries.
10. Total amounts claimed as special damages for:
a) physician's services;
b) medical supplies;
c) loss of earnings;
d) nurses' services;
e) hospital expenses;
f) x-rays expenses;
g) any other items of special damage;
h) name and address of Plaintiff's employer at the time of the accident.
If Plaintiff is self-employed, state the nature of business, business
name and address. If Plaintiff is a student, state the name and
address of school attending at time of accident, and designated class
or grade.
11. State in what respect Plaintiff has sustained a serious injury, as defined in
Subdivision (d) of Section 5102 of the Insurance Law, or economic loss
greater than basic economic loss, as defined in Subdivision (a) of Section
5102 of the Insurance Law.
12. If negligent entrustment is alleged, set forth, with specificity, state each
and every fact which constitutes the basis of the claim.
13. Set forth the manner in which it is claimed the negligent entrustment
occurred.
14. If it is alleged that the owner of the vehicle had prior knowledge of some
propensity to be alleged by the Plaintiff with regards to the operation of
the vehicle, set forth:
a) What propensities or actions it is alleged the owner of the vehicle
was aware of.
b) Set forth if the owner of the vehicle had actual or constructive notice.
c) If actual Notice is alleged:
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i) Set forth the date, time and place which will be alleged that the
owner was made aware of the propensities, actions, or traits.
ii) Set forth the names and addresses of the individuals it will be
alleged so advised the owner of our vehicle of the propensities,
actions, or traits of our operator.
15. If Plaintiff prayed for general relief, state the total damages to which all
Plaintiff(s) deem himself/herself/themselves entitled.
16. If Plaintiff prayed for general relief, state the total damages that each
Plaintiff deems himself/herself entitled.
17. As regards Paragraph 16, state each category of damages and the amount
demanded in each category.
If a cause of action is claimed Section 205-e of The General Municipal Law:
18. Set forth by Section every Statute, Regulation, Ordinance, Rule, Order and
Requirement of the Federal, State, County, Village, Town or City
government of any and all of their Departments, Divisions and Bureau it is
alleged was violated by the Defendant.
19. Identify for each act or omission it will be claimed was committed by the
Defendant(s), the Rule, Regulation, Statute, Ordinance, Order and
Requirement it is claimed said act violated.
PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of
Particulars of Plaintiffs' alleged cause of action is not served with thirty (30) days of receipt of
this Notice, an appropriate motion to preclude will be made pursuant to this Notice at the time of
trial of this action.
DATED: Garden City, NY
October 26, 2023
Yours, etc.,
Law Office of John Trop
Robert E. Giovinazzi
Attorney for Defendant
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
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Fax: (516) 877-5797
Our File No. N220545353.1-C3
TO: LAW OFFICES OF DARREN T. MOORE P.C.
Attorney for Plaintiffs
171 Madison Avenue, Suite 305
New York, New York 10016
Tel: (917) 809-7014
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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DARREN CONFESSORE AND DIANE DEMAND FOR COPIES OF
SCHULTZ, PLAINTIFF’S MEDICAL REPORTS
Plaintiff, Index No. 720317/2023
-against-
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE That pursuant to the uniform Rules for the New York
State Trial Courts, demand is hereby made upon Plaintiff(s) or his/her/their attorney to:
1. Serve upon and deliver to the attorney for Defendant(s) copies of the
medical reports of those physicians who have previously treated or
examined the Plaintiff(s) and who will testify on his/her behalf. These
shall include a detailed recital of the injuries and conditions as to which
testimony will be offered at the trial, referring to and identifying those
x-rays and technician's reports which will be offered at the trial.
2. Serve upon and deliver to the attorney for Defendant(s) duly executed and
acknowledged written HIPAA Compliant Authorizations permitting all
parties to obtain and make copies of all hospital records and such other
records, including x-rays and technician's reports, as to be referred to and
identified in the statement of the Plaintiff(s) physicians.
3. Serve upon and deliver to the attorney for Defendant(s) copies of all
graphic, numerical, symbolic, digital, film, video, computer generated,
computer enhanced or otherwise produced electronically and/or digitally,
photographic or pictorial representations regarding any procedures,
treatments, admissions, office visits, injuries, scene of the accident or the
vehicles or instrumentalities involved, disabilities, medical or diagnostic
procedures or tests, performed by or on behalf of the Plaintiff(s) herein or
by any facility regarding the claims of the Plaintiff(s) herein.
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PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this
demand, Plaintiff(s) will be precluded upon the trial of the within action from offering in
evidence or testifying as to any of the reports, records or examination demanded herein.
DATED: Garden City, NY
October 26, 2023
Yours, etc.,
Law Office of John Trop
Robert E. Giovinazzi
Attorney for Defendant
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
Fax: (516) 877-5797
Our File No. N220545353.1-C3
TO: LAW OFFICES OF DARREN T. MOORE P.C.
Attorney for Plaintiffs
171 Madison Avenue, Suite 305
New York, New York 10016
Tel: (917) 809-7014
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
DARREN CONFESSORE AND DIANE NOTICE OF EXAMINATION
SCHULTZ, BEFORE TRIAL
Plaintiff, Index No. 720317/2023
-against-
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law
and Rules, the undersigned will take the testimony of all Adverse Parties in the manner
following:
TO BE DETERMINED AT THE PRELIMINARY CONFERENCE
upon all the relevant facts and circumstances surrounding the accident which is the subject of
this action, including negligence, contributory negligence and damages; and for the purposes
authorized by Rule 3111 of the Civil Practice Law and Rules, said Plaintiff(s) is required to
produce at such examination the following:
All books, papers and records relating to said action in the possession, custody or
control of said Plaintiff(s) / Co-Defendant(s).
DATED: Garden City, NY
October 26, 2023
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Yours, etc.,
Law Office of John Trop
Robert E. Giovinazzi
Attorney for Defendant
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
Fax: (516) 877-5797
Our File No. N220545353.1-C3
TO: LAW OFFICES OF DARREN T. MOORE P.C.
Attorney for Plaintiffs
171 Madison Avenue, Suite 305
New York, New York 10016
Tel: (917) 809-7014
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
DARREN CONFESSORE AND DIANE DEMAND PURSUANT TO 306(a)
SCHULTZ,
Index No. 720317/2023
Plaintiff,
-against-
SEBASTIAN DANIEL PACHECO and JORGE
M PACHECO,
Defendants.
---------------------------------------------------------------------------------------------------------------------X
IT IS HEREBY DEMANDED that you serve upon the undersigned, either a
copy of the receipt for the index number purchased, or the date the index number was purchased
as per said receipt.
DATED: Garden City, NY
October 26, 2023
Yours, etc.,
Law Office of John Trop
Robert E. Giovinazzi
Attorney for Defendant
SEBASTIAN DANIEL PACHECO and
JORGE M PACHECO
1055 Franklin Avenue, Suite 204
Garden City, NY 11530-2903
Telephone: 516-877-5700
Fax: (516) 877-5797
Our File No. N220545353.1-C3
TO: LAW OFFICES OF DARREN T. MOORE P.C.
Attorney for Plaintiffs
171 Madison Avenue, Suite 305
New York, New York 10016
Tel: (917) 809-7014
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------------------------------------------------------X
DARREN CONFESSORE AND DIANE DEMAND PURSUANT TO
SCHULTZ, SECTION 306(c)
Plaintiff, Index No. 720317/2023
-against-
SEBASTIAN
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FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE SCHULTZ, ANSWER WITH COUNTERCLAIM Plaintiff, Index No. 720317/2023 -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. -----------------------------------------------------------------------------------------------------------------------------------X The Defendants, SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, by the Law Office of John Trop, as and for their Answer to the Complaint herein, alleges as follows: FIRST: Deny any knowledge or information sufficient to form a belief as to the allegations contained in paragraphs designated as “1”, “2”, “6”, “11”, “12”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21” and “22” of the Complaint herein. SECOND: Admit the allegations contained in paragraphs designated as “3”, “4”, “5”, “7”, “8”, “9” and “10” of the Complaint herein. THIRD: Deny each and every allegation contained in paragraph designated as “23” of the Complaint herein. AS AND FOR THE FIRST CAUSE OF ACTION FOURTH: Repeats and reiterates their responses to the allegations set forth in the paragraphs designated “1” through “23”, as reiterated in paragraph “24” of the Complaint herein, with the same force and effect as if set forth in length. FIFTH: Deny each and every allegation contained in paragraphs designated as “25”, “26”, “27”, “28”, “29”, “30”, “31” and “32” of the Complaint herein. 1 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 AS AND FOR THE SECOND CAUSE OF ACTION SIXTH: Repeats and reiterates their responses to the allegations set forth in the paragraphs designated “1” through “32”, as reiterated in paragraph “33” of the Complaint herein, with the same force and effect as if set forth in length. SEVENTH: Deny each and every allegation contained in paragraph designated as “34”, “35”, “36”, “37”, “38”, “39”, “40” and “41” of the Complaint herein. AS FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: If the Plaintiff sustained any injuries and/or damages at the time and place alleged in the complaint, the Plaintiff assumed the risk inherent in the activity in which Plaintiff was then engaged and further such injuries and/or damages were caused by reason of the culpable conduct and/or negligence of the plaintiff contributing thereto. AS FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: That the said action is barred and precluded by virtue of Article 51, Sections 5101, 5102, 5103 and 5104 of the New York State Insurance Law. AS FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: The injuries claimed to have been sustained were caused as Plaintiff did not avail himself of the protective devices to mitigate the injuries, and further acted unreasonably and disregarded his own best interests and thus contributed to the happening of the injuries. 2 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 AS FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: 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 services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from the collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against the said answering Defendant, the amount of such damages shall be diminished by the amount of the funds which Plaintiff has or shall receive from such collateral source. AS FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: Plaintiff failed to take all reasonable measures to reduce, mitigate and/or minimize the damages alleged. AS FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, THE DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: Defendants cannot be held liable as Defendant was faced with a sudden emergency situation, not of his own doing and/or creation, and therefore, not chargeable with negligence and accordingly, the summons and complaint should be dismissed. AS FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, 3 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 answering Defendant will be entitled to protection under New York General Obligations Law 15-108 and the corresponding reduction of any damages that may be determined to be due against said Defendant. AS FOR AN EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ENTIRE ACTION, DEFENDANTS ALLEGE UPON INFORMATION AND BELIEF: The plaintiff failed to obtain jurisdiction over the defendant due to improper service. AS AND FOR A COUNTERCLAIM AGAINST PLAINTIFF DARREN CONFESSORE, THESE DEFENDANTS, SEBASTIAN DANIEL PACHECO AND JORGE M PACHECO ALLEGE: That if the Plaintiff, DIANE SCHULTZ, sustained the injuries alleged in the manner alleged all of which have been denied by these Defendants then such injuries were caused in whole or in part by the culpable conduct of the Plaintiff, DARREN CONFESSORE, above named. That by reason of the foregoing, these Defendants are or will be entitled to have judgment over against said Plaintiff, DARREN CONFESSORE, in whole or in part as to any sum awarded to Plaintiff, DIANE SCHULTZ, against these Defendants. WHEREFORE, these Defendants demand judgment dismissing the Plaintiff’s Complaint or in the event that Plaintiff, DIANE SCHULTZ recovers any sum of money against these Defendants, then these Defendants demand judgment over against Plaintiff, DARREN CONFESSORE, above named as to any such amount, together with such other and further relief as is proper. 4 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 DATED: Garden City, NY October 26, 2023 Yours, etc., Law Office of John Trop Robert E. Giovinazzi Attorney for Defendants SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 Fax: (516) 877-5797 Our File No. N220545353.1-C3 TO: LAW OFFICES OF DARREN T. MOORE P.C. Attorney for Plaintiffs 171 Madison Avenue, Suite 305 New York, New York 10016 Tel: (917) 809-7014 5 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE COMBINED DEMAND FOR SCHULTZ, DISCOVERY AND INSPECTION Plaintiff, Index No. 720317/2023 -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days the following: 1. The names and addresses of all witnesses known to Plaintiff(s) and Plaintiff's representatives, who it will be claimed were witnesses to the following: a) The alleged occurrence in question. b) Any alleged defective condition. c) The site of the alleged occurrence immediately prior and immediately subsequent to the alleged occurrence. d) The actions of any of the parties, or of any non-parties, before, during, or after the alleged occurrence. 2. Any statements, oral, written or electronically recorded, from any party we represent, in the possession of Plaintiff(s) or Plaintiff(s) representatives. 3. Any photographs of the following: a) The site of the alleged occurrence. b) Any instrumentalities involved. 4. Any accident reports made in the normal course of business. Pataki v. Kiseda, 80 A.D. 2d 100, 437 N.Y.S. 2d 692 (1981). 6 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. 6. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by Plaintiff(s) or Plaintiff(s) representatives, even if made in contemplation of litigation. 7. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 8. In reasonable detail, the subject matter on which each expert is expected to testify; 9. The substance of the facts and opinions on which each expert is expected to testify; 10. The qualification of each expert witness, and; 11. A summary of the grounds for each expert’s opinion. 12. Maintenance and repair records for the motor vehicle of Plaintiff(s) for one (1) year prior to the alleged occurrence. 13. Copies of any letters or written communications from Plaintiff(s) to Defendant(s) citing any alleged defective conditions. 14. Duly executed Authorization allowing the undersigned to obtain the employment records of the party seeking recovery for the period commencing one (1) year prior to the date of the subject occurrence and continuing to the present date. This Authorization shall allow access to, but shall not be limited to, records regarding Plaintiff(s)' salary and attendance. (a) If Plaintiff is a student: duly executed Authorization(s) allowing the undersigned to obtain the school records of the Plaintiff for the period commencing one (1) year prior to the date of the occurrence and continuing to the present date. 15. Copies of Plaintiff(s)' City, State and Federal Income Tax Records for the period commencing two (2) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. If such records, or a portion thereof, are unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New York State Department of Taxation. If Income Tax Returns were not filed for such period or a portion thereof, so state in reply to this demand. 7 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 16. Duly executed and acknowledged original Authorizations permitting this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff for the period from the date of occurrence to the present. 17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application: a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made, including OBEL, Additional PIP and Medical Payments coverage. b) Set forth duly executed and acknowledged written Authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to Paragraph "a)". 18. If a claim has or will be made pursuant to the terms of the Workers' Compensation Law, with respect to each and every application: a) Set forth the name, address, policy number and claim number to which a claim has been or will be made, together with the Workers' Compensation Board file number. b) Set forth duly executed and acknowledged written Authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to Paragraph "a)". 19. If a disability claim has or will be made pursuant to the terms of the Social Security Laws, with respect to each and every application: a) Set forth the claim office, the address and the claim number assigned. b) Set forth duly executed and acknowledged written Authorizations enabling the undersigned to obtain the records relating to the Plaintiff. 20. Pursuant to CPLR Section 4545(a), produce and permit the undersigned attorneys to inspect and copy the contents of: a) Each and every collateral source of payment, including but not limited to, insurance agreements, Social Security, Workers' Compensation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by Plaintiffs and for which recovery is sought in the instant action, and 8 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 b) A written statement setting forth any and all such collateral sources and their amounts. c) Duly executed written authorizations permitting the undersigned attorneys to obtain and make copies of all records relating to collateral source information as set forth herein. d) The amounts and any and all correspondence in which Plaintiff(s) will claim as lawful liens against Plaintiff(s) recovery. 21. If it is claimed that Plaintiff Husband/Wife is married to Plaintiff Husband/Wife, set forth a copy of their Marriage Certificate. 22. If it is claimed that infant son/daughter is the natural son/daughter of the Plaintiff, set forth a copy of the Birth Certificate of infant. 23. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. 24. Copies of any and all bills, statements or receipts relating to any non-medical expense claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 26. Any releases, and any other type of settlement agreements between Plaintiff(s) and any other party which may have been responsible for the damages claimed by Plaintiff(s). 27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this case, and which have not been produced in response to any of the preceding paragraphs. 28. All documents, papers or evidence to be introduced at trial. PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. DATED: Garden City, NY October 26, 2023 9 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 Yours, etc., Law Office of John Trop Robert E. Giovinazzi Attorney for Defendant SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 Fax: (516) 877-5797 Our File No. N220545353.1-C3 TO: LAW OFFICES OF DARREN T. MOORE P.C. Attorney for Plaintiffs 171 Madison Avenue, Suite 305 New York, New York 10016 Tel: (917) 809-7014 10 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE DEMAND FOR VERIFIED BILL OF SCHULTZ, PARTICULARS WITH NOTICE PURSUANT TO CPLR 3042(C) Plaintiff, Index No. 720317/2023 -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE that you are hereby required to file and serve the following Verified Bill of Particulars of Plaintiff's alleged cause of action herein, within thirty (30) days from the date of service hereof. 1. The date and time of day of the occurrence. 2. State the location of the accident in sufficient detail to permit identification, giving direction in which each vehicle was proceeding. 3. Statement of the acts of omissions constituting the negligence claimed. 4. State what part of each of the respective vehicles came in contact. If property damages are being claimed, set forth: 5. Itemized statement of the alleged damage to Plaintiff's vehicle, together with the costs of repair of each item. 6. State the make, model and year of manufacture of Plaintiff's vehicle and the reasonable market value of same immediately prior to and immediately after the alleged accident. If personal injuries are being claimed, set forth: 7. The nature, extent, location and duration of each and every injury alleged to have been sustained by Plaintiff and which, if any are claimed to be permanent. 11 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 8. The length of time, giving specific dates, Plaintiff was confined to: (a) the hospital, (b) the bed, and (c) the home, as a result of the alleged injuries. 9. The length of time incapacitated from employment and/or household duties as a result of the alleged injuries. If Plaintiff is a student, the length of time incapacitated from school as a result of the alleged injuries. 10. Total amounts claimed as special damages for: a) physician's services; b) medical supplies; c) loss of earnings; d) nurses' services; e) hospital expenses; f) x-rays expenses; g) any other items of special damage; h) name and address of Plaintiff's employer at the time of the accident. If Plaintiff is self-employed, state the nature of business, business name and address. If Plaintiff is a student, state the name and address of school attending at time of accident, and designated class or grade. 11. State in what respect Plaintiff has sustained a serious injury, as defined in Subdivision (d) of Section 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in Subdivision (a) of Section 5102 of the Insurance Law. 12. If negligent entrustment is alleged, set forth, with specificity, state each and every fact which constitutes the basis of the claim. 13. Set forth the manner in which it is claimed the negligent entrustment occurred. 14. If it is alleged that the owner of the vehicle had prior knowledge of some propensity to be alleged by the Plaintiff with regards to the operation of the vehicle, set forth: a) What propensities or actions it is alleged the owner of the vehicle was aware of. b) Set forth if the owner of the vehicle had actual or constructive notice. c) If actual Notice is alleged: 12 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 i) Set forth the date, time and place which will be alleged that the owner was made aware of the propensities, actions, or traits. ii) Set forth the names and addresses of the individuals it will be alleged so advised the owner of our vehicle of the propensities, actions, or traits of our operator. 15. If Plaintiff prayed for general relief, state the total damages to which all Plaintiff(s) deem himself/herself/themselves entitled. 16. If Plaintiff prayed for general relief, state the total damages that each Plaintiff deems himself/herself entitled. 17. As regards Paragraph 16, state each category of damages and the amount demanded in each category. If a cause of action is claimed Section 205-e of The General Municipal Law: 18. Set forth by Section every Statute, Regulation, Ordinance, Rule, Order and Requirement of the Federal, State, County, Village, Town or City government of any and all of their Departments, Divisions and Bureau it is alleged was violated by the Defendant. 19. Identify for each act or omission it will be claimed was committed by the Defendant(s), the Rule, Regulation, Statute, Ordinance, Order and Requirement it is claimed said act violated. PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of Particulars of Plaintiffs' alleged cause of action is not served with thirty (30) days of receipt of this Notice, an appropriate motion to preclude will be made pursuant to this Notice at the time of trial of this action. DATED: Garden City, NY October 26, 2023 Yours, etc., Law Office of John Trop Robert E. Giovinazzi Attorney for Defendant SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 13 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 Fax: (516) 877-5797 Our File No. N220545353.1-C3 TO: LAW OFFICES OF DARREN T. MOORE P.C. Attorney for Plaintiffs 171 Madison Avenue, Suite 305 New York, New York 10016 Tel: (917) 809-7014 14 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE DEMAND FOR COPIES OF SCHULTZ, PLAINTIFF’S MEDICAL REPORTS Plaintiff, Index No. 720317/2023 -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE That pursuant to the uniform Rules for the New York State Trial Courts, demand is hereby made upon Plaintiff(s) or his/her/their attorney to: 1. Serve upon and deliver to the attorney for Defendant(s) copies of the medical reports of those physicians who have previously treated or examined the Plaintiff(s) and who will testify on his/her behalf. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-rays and technician's reports which will be offered at the trial. 2. Serve upon and deliver to the attorney for Defendant(s) duly executed and acknowledged written HIPAA Compliant Authorizations permitting all parties to obtain and make copies of all hospital records and such other records, including x-rays and technician's reports, as to be referred to and identified in the statement of the Plaintiff(s) physicians. 3. Serve upon and deliver to the attorney for Defendant(s) copies of all graphic, numerical, symbolic, digital, film, video, computer generated, computer enhanced or otherwise produced electronically and/or digitally, photographic or pictorial representations regarding any procedures, treatments, admissions, office visits, injuries, scene of the accident or the vehicles or instrumentalities involved, disabilities, medical or diagnostic procedures or tests, performed by or on behalf of the Plaintiff(s) herein or by any facility regarding the claims of the Plaintiff(s) herein. 15 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this demand, Plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the reports, records or examination demanded herein. DATED: Garden City, NY October 26, 2023 Yours, etc., Law Office of John Trop Robert E. Giovinazzi Attorney for Defendant SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 Fax: (516) 877-5797 Our File No. N220545353.1-C3 TO: LAW OFFICES OF DARREN T. MOORE P.C. Attorney for Plaintiffs 171 Madison Avenue, Suite 305 New York, New York 10016 Tel: (917) 809-7014 16 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE NOTICE OF EXAMINATION SCHULTZ, BEFORE TRIAL Plaintiff, Index No. 720317/2023 -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. ---------------------------------------------------------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned will take the testimony of all Adverse Parties in the manner following: TO BE DETERMINED AT THE PRELIMINARY CONFERENCE upon all the relevant facts and circumstances surrounding the accident which is the subject of this action, including negligence, contributory negligence and damages; and for the purposes authorized by Rule 3111 of the Civil Practice Law and Rules, said Plaintiff(s) is required to produce at such examination the following: All books, papers and records relating to said action in the possession, custody or control of said Plaintiff(s) / Co-Defendant(s). DATED: Garden City, NY October 26, 2023 17 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 Yours, etc., Law Office of John Trop Robert E. Giovinazzi Attorney for Defendant SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 Fax: (516) 877-5797 Our File No. N220545353.1-C3 TO: LAW OFFICES OF DARREN T. MOORE P.C. Attorney for Plaintiffs 171 Madison Avenue, Suite 305 New York, New York 10016 Tel: (917) 809-7014 18 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE DEMAND PURSUANT TO 306(a) SCHULTZ, Index No. 720317/2023 Plaintiff, -against- SEBASTIAN DANIEL PACHECO and JORGE M PACHECO, Defendants. ---------------------------------------------------------------------------------------------------------------------X IT IS HEREBY DEMANDED that you serve upon the undersigned, either a copy of the receipt for the index number purchased, or the date the index number was purchased as per said receipt. DATED: Garden City, NY October 26, 2023 Yours, etc., Law Office of John Trop Robert E. Giovinazzi Attorney for Defendant SEBASTIAN DANIEL PACHECO and JORGE M PACHECO 1055 Franklin Avenue, Suite 204 Garden City, NY 11530-2903 Telephone: 516-877-5700 Fax: (516) 877-5797 Our File No. N220545353.1-C3 TO: LAW OFFICES OF DARREN T. MOORE P.C. Attorney for Plaintiffs 171 Madison Avenue, Suite 305 New York, New York 10016 Tel: (917) 809-7014 19 of 39 FILED: QUEENS COUNTY CLERK 10/30/2023 11:15 AM INDEX NO. 720317/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/30/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------------------------------------------------------X DARREN CONFESSORE AND DIANE DEMAND PURSUANT TO SCHULTZ, SECTION 306(c) Plaintiff, Index No. 720317/2023 -against- SEBASTIAN