Jury Demand in Willie H Samuels v. Zarif Ziyaev| Trellis.Law

On December 18, 2023 a DEMAND FOR: - omnibus demands was filed involving a dispute between Willie H Samuels, and Zarif Ziyaev, for Torts - Motor Vehicle in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 536841/2023

DEMAND FOR SPECIFIC
WILLIE H. SAMUELS, RELIEF REQUESTED

Plaintiff,

-against-

ZARIF ZIYAEV,

Defendant.

COUNSELORS:

PLEASE TAKE NOTICE that pursuant to CPLR 3017(c), the Defendant(s), hereby

demand(s) that you furnish to the attorneys for the Defendant(s), within fifteen (15) days of the

receipt of this notice, a statement setting forth the specific and total amount of monetary damages

sought by the Plaintiff(s). In the event that the aforementioned information is not provided in the

time period set forth in this notice, an appropriate motion for relief will be made to the Court

seeking compliance together with the costs and disbursements allowed by law.

DATED: Williamsville, NY
January 17, 2024
Respectfully submitted,

____ _______________________
Sean A. Gradowitz, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Zarif Ziyaev
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Our File No.: 236179725-001

1 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

TO:

Francisco Castillo Law, P.C.
Attorney for Plaintiff
Willie Samuels
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422
(718) 528-4424/(347) 294-1055 (F)

2 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 536841/2023

COMBINED DEMAND
WILLIE H. SAMUELS, FOR DISCOVERY AND
INSPECTION
Plaintiff,

-against-

ZARIF ZIYAEV,

Defendant.

COUNSELORS:

PLEASE TAKE NOTICE, that pursuant to CPLR Sections 306-A, 306-B, 2103, 3101,

and Rule 3102 and Rule 3120(2), Plaintiff(s), Willie Samuels, is/are hereby called upon to

produce, at the office of the undersigned, LAW OFFICES OF JENNIFER S. ADAMS, 20

Lawrence Bell Drive, Suite 300, Williamsville, NY 14221 on February 16, 2024 at 2:00 p.m.,

the following: All written reports of the accident prepared in the regular course of business

operations or practices of any person, firm, corporation, association or other public or private

entity.

1. All written reports of the accident prepared in the regular course of business
operations or practices of any person, firm, corporation, association or other public or private
entity.

2. The name and address of each and every person claimed by you, and/or any party
you represent, to be a witness to:

i. The accident and/or any event immediately before or after the accident;
ii. Any act, omission, or condition which caused or contributed to the
accident;
iii. Any actual or constructive notice allegedly given to Defendant;
iv. The nature and duration of any condition which it will be claimed caused
or contributed to the accident;
v. Any fact bearing on any of the liability issues in this action;

3 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

vi. Any injury, disability and/or item or element of damage(s), past, present or
future, claimed by Plaintiff to have been caused or contributed to by the
accident;
vii. Any item or element of special damages, past, present or future, claimed
by Plaintiff to have been caused or contributed to by the accident;
viii. Any fact bearing on any of the damages issues in this action.

3. Each and every statement given or made by or taken from each Defendant(s)
and/or any party represented by the undersigned, or the agents, servants or employees of said
party, now in your possession, custody or control, or in the possession, custody or control of any
party you represent in this action.

4. All photographs in the possession, custody and control of you, and/or any party
you represent, or their representative, showing the place of the occurrence as it existed on the
date of the accident, and/or showing the conditions of the accident site to be alleged to represent
said site as of the time of the occurrence.

5. All photographs in the possession, custody or control of you, and/or any party you
represent, or their representatives, depicting the injuries and/or damages claimed by Plaintiff. If
plaintiff claims to have sustained any laceration, scar and/or other significant disfigurement due
to the accident, provide photographs of Plaintiff taken prior to the accident, depicting the
affected body part(s) on/in which Plaintiff claims a laceration, scar and/or other significant
disfigurement due to the accident.

6. All photographs in the possession, custody and control of any party you represent
or their representatives, depicting:

i. The damage sustained by any vehicle involved in the accident;
ii. The damage sustained by any non-vehicle object or property involved in
the accident; and
iii. The damage to any item of property for which Plaintiff asserts a property
damage claim in this action.

7. Set forth the amount of any insurance covering any party to this action, including
excess or umbrella policies. If Plaintiff has made a claim for SUM/UM coverage, state the
name, address, claim/file number and policy limits of the insurer to whom claim has been made.
Provide a copy of the declarations page of any applicable policy.

8. The name and address of each and every person whom you expect to call as an
expert witness at trial.

9. Set forth the qualifications of each such expert witness.

10. Set forth, in reasonable detail, the subject matter on which each such expert is
expected to testify.

11. Set forth the substance of the facts and opinions on which each such expert is
expected to testify, and a summary of the grounds for each expert's opinion.

4 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

12. A copy of any estimate of repair and/or bills for repairs of damages allegedly
sustained to:

i. Any vehicle involved in the accident;
ii. Any non-vehicle object or property involved in the accident; and
iii. Any item of property for which Plaintiff asserts a property damage claim
in this action.

13. Pursuant to Rule 2013(e) of the CPLR, a list of those attorneys who have
appeared in this action, together with their addresses and the name of the party for whom each
such attorney has appeared.

14. Copies of the medical reports of those physicians who have treated or examined
the party seeking recovery for any of the injuries, damages and/or conditions claimed in this
lawsuit. 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 technicians'
reports which will be offered at the trial.

15. Copies of the medical reports of those physicians who will testify on behalf of the
party seeking recovery. 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 ray and
technicians' reports which will be offered at the trial.

16. A copy of the Plaintiff's driver's license.

17. Plaintiff's income tax returns for the calendar year of the accident and the two
preceding calendar years, and/or authorizations permitting requesting Defendant to obtain same.

18. The name and address of Plaintiff's employer(s) and authorizations to secure
employment records from all of the Plaintiff’s employers for the calendar year of the accident
and for the subsequent two years up to and including the present.

19. Duly executed and acknowledge written authorizations permitting all parties to
obtain and make copies of all hospital records, and such other medical records including x-ray
and technician’s reports as may be referred to and identified in the statement of the examined
party’s physicians.

20. The name and address of any school attended by the Plaintiff during the calendar
year of the accident, and the calendar years subsequent to the accident up to and including the
present; and authorizations to secure the school records of any of the aforementioned schools
attended by the Plaintiff during the periods so specified.

21. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s No-Fault file.

22. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s Worker's Compensation file.

5 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

23. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s New York Disability file.

24. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s Social Security file.

25. Duly executed and acknowledged written authorization permitting all parties to
obtain and make copies of the Plaintiff’s primary care physician.

26. Copies of all documents, bills, invoices, receipts or cancelled checks concerning
indemnification, payment and/or reimbursements, in whole or in part, which Plaintiff has
received from collateral sources, including but not limited to no-fault and other insurance, Social
Security, disability, Workers’ Compensation or employee benefit programs for the cost of
medical care, custodial care, rehabilitation services, loss of earnings and other economic loss
which the Plaintiff claims as special damages.

27. Pursuant to CPLR 306-A and 306-B, furnish:

i. Proof that the Summons and Complaint, or Summons with Notice, were
filed with the Court prior to service;
ii. A copy of the receipt for purchase of the index number; and
iii. A copy of the affidavit of service indicating service upon this Defendant.

28. A copy of the written report of the accident prepared by any adverse party for
submission and filing with the State of New York Department of Motor Vehicles, commonly
known as an “MV-104”.

If an item demanded is not known, or no such item is in your possession, custody or

control, please so state in the reply to this Demand.

PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and you are

required to furnish to the undersigned updated responses if further information is obtained in the

future.

PLEASE TAKE FURTHER NOTICE, that the undersigned will object upon trial to the

testimony of any witnesses not so identified or the use of any photograph or statement or record

not furnished pursuant to this Demand.

6 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and the

undersigned will object at trial to the introduction of any expert testimony the details of which

have not been furnished as requested herein.

DATED: Williamsville, NY
January 17, 2024

Respectfully submitted,

_ __________________________
Sean A. Gradowitz, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Zarif Ziyaev
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Our File No.: 236179725-001

TO:

Francisco Castillo Law, P.C.
Attorney for Plaintiff
Willie Samuels
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422
(718) 528-4424/(347) 294-1055 (F)

7 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.: 536841/2023

WILLIE H. SAMUELS, NOTICE TO TAKE
DEPOSITION
Plaintiff,

-against-

ZARIF ZIYAEV,

Defendant.

C O U N S E L O R S:

PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and

Rules, the testimony, upon oral examination of all adverse parties to be taken before a Notary

Public who is not an attorney, or employee of an attorney, for any party or prospective party

herein and is not a person who would be disqualified to act as a juror because of interest or

because of consanguinity or affinity to any party herein at: Place and Date To Be Determined at

10:00 o'clock in the forenoon of that day with respect to evidence and material necessary in the

defense of this action:

All of the relevant facts and circumstances in connection with the accident which

occurred on 9/15/2023, including negligence, contributory negligence, liability and damages.

That the said person to be examined is required to produce at such examination the

following:

8 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

ANY AND ALL RELEVANT DOCUMENTS INCLUDING ACCIDENT REPORTS,
MEMORANDUMS, BOOKS, RECORDS AND PHOTOGRAPHS RELATING TO SAID
ACCIDENT

DATED: Williamsville, NY
January 17, 2024

Respectfully submitted,

___________________________
Sean A. Gradowitz, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Zarif Ziyaev
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Our File No.: 236179725-001

TO:

Francisco Castillo Law, P.C.
Attorney for Plaintiff
Willie Samuels
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422
(718) 528-4424/(347) 294-1055 (F)

9 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Index No.: 536841/2023

NOTICE FOR
WILLIE H. SAMUELS, INDEPENDENT MEDICAL
EXAMINATION
Plaintiff,

-against-

ZARIF ZIYAEV,

Defendant.

PLEASE TAKE NOTICE, that pursuant to CPLR 2132(a) and Section 202.17(a) and (b)

of the Uniform Rules, the defendant, Zarif Ziyaev, requests that the Plaintiff appear for an

Independent Medical Examination. The examination shall be conducted by a doctor selected by

the Defendant at a date and time to be noticed.

Fees for no-shows, cancellations, and non-compliance with this notice are the

responsibility of the Plaintiff.

PLEASE TAKE FURTHER NOTICE, that the Plaintiff is to bring all x-rays, CAT scans,

MRIs and other diagnostic tests to this appointment OR provide current authorizations, including

full names and addresses of the providers, allowing Law Offices of Jennifer S. Adams and/or

Progressive to obtain Plaintiff's films. Upon Plaintiff's failure to timely comply with the

aforementioned demand, the Defendant shall exercise his/her/their rights under the law,

including, but not limited to, preclusion of evidence at the trial of this action and refusal to

conduct the examination on that date. No report will be forwarded until all records and

diagnostic films are provided and have been reviewed by the examining doctor.

10 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

The examination will be conducted to the extent required by said doctor. Also, the

Plaintiff is to bring a photo ID to the examination.

DATED: Williamsville, NY
January 17, 2024

Respectfully submitted,

___ ________________________
Sean A. Gradowitz, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Zarif Ziyaev
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Our File No.: 236179725-001

TO:

Francisco Castillo Law, P.C.
Attorney for Plaintiff
Willie Samuels
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422
(718) 528-4424/(347) 294-1055 (F)

11 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.:
536841/2023
WILLIE H. SAMUELS,
DEMAND PURSUANT TO
Plaintiff, CPLR 306A & 306B

-against-

ZARIF ZIYAEV,

Defendant.

PLEASE TAKE NOTICE that pursuant to CPLR 306-A and 306-B, demand is hereby

made upon the Plaintiff to furnish proof that the Summons and Complaint or Summons with

Notice were filed with the Court prior to service. In addition, Plaintiff is/are required to provide a

copy of the receipt for purchase of the index number.

DATED: Williamsville, NY
January 17, 2024

Respectfully submitted,

___ ________________________
Sean A. Gradowitz, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Zarif Ziyaev
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Our File No.: 236179725-001

12 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

TO:

Francisco Castillo Law, P.C.
Attorney for Plaintiff
Willie Samuels
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422
(718) 528-4424/(347) 294-1055 (F)

13 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.: 536841/2023

WILLIE H. SAMUELS, CPLR 2103 NOTICE

Plaintiff,

-against-

ZARIF ZIYAEV,

Defendant.

COUNSELORS:

PLEASE TAKE NOTICE that Defendant, by his attorneys, LAW OFFICES OF

JENNIFER S. ADAMS, hereby serve notice upon you pursuant to Rule 2103 of the Civil

Practice Law & Rules that he expressly rejects service of papers in this matter upon him by

electronic means.

PLEASE TAKE FURTHER NOTICE that the waiver of the foregoing may only be

effectuated by express prior written consent to such service by LAW OFFICES OF JENNIFER

S. ADAMS.

DATED: Williamsville, NY
January 17, 2024

Respectfully submitted,

___ ________________________
Sean A. Gradowitz, Esq.
LAW OFFICES OF JENNIFER S. ADAMS
Attorney for Defendant
Zarif Ziyaev
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Our File No.: 236179725-001

14 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

TO:

Francisco Castillo Law, P.C.
Attorney for Plaintiff
Willie Samuels
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422
(718) 528-4424/(347) 294-1055 (F)

15 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

INDEX NO. 536841/2023 YEAR: 2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

WILLIE H. SAMUELS,

Plaintiff,

-against-

ZARIF ZIYAEV,

Defendant.

NOTICE OF APPEARANCE AND ANSWER, DEMAND FOR A VERIFIED BILL OF PARTICULARS, DEMAND FOR
SPECIFIC RELIEF, COMBINED DEMAND, NOTICE TO TAKE DEPOSITION, NOTICE FOR INDEPENDENT
MEDICAL EXAMINATION, DEMAND PURSUANT TO 306 A & B, AND CPLR 2103 NOTICE

LAW OFFICES OF JENNIFER S. ADAMS
ATTORNEYS AND COUNSELORS AT LAW
ATTORNEYS FOR ZARIF ZIYAEV
20 Lawrence Bell Drive, Suite 300
Williamsville, NY 14221
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon
information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous.
Dated: January 17, 2024
Signature:
Print Signer’s Name: SEAN A. GRADOWITZ, ESQ.
Service of a copy of the within is hereby
admitted.

Date:
Attorney(s) for

16 of 17
FILED: KINGS COUNTY CLERK 01/17/2024 11:40 AM INDEX NO. 536841/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/17/2024

LAW OFFICES OF JENNIFER S. ADAMS
Attorneys at Law & Counselors at Law
Not a Partnership, Not a Corporation
20 LAWRENCE BELL DRIVE, SUITE 300
WILLIAMSVILLE, NY 14221

Sean A. Gradowitz
(516) 502-9617

SEAN_A_GRADOWITZ@progressive.com SALARIED EMPLOYEES OF
PROGRESSIVE CASUALTY
(866) 421-0804 - facsimile INSURANCE COMPANY
January 17, 2024

FRANCISCO CASTILLO LAW, P.C.
133-33 Brookville Boulevard, Suite 116
Rosedale, NY 11422

RE: Samuels v. Ziyaev
Index Number: 536841/2023
Our file number: 236179725-001

Dear Counselor:

Enclosed, please find our client's Notice of Appearance, Answer and various discovery
demands in reference to the accident that occurred on 9/15/2023.

Please note that if this matter was commenced via the New York State Courts Electronic
Filing System (“NYSCEF”), our office fully consents to exchange all documents
electronically. If you object, please notify this office, in writing, within fifteen (15) days of
receipt otherwise same will be deemed fully consented.

Please mark your file accordingly. Should you have any questions, feel free to contact
the undersigned.

Very truly yours,

Sean A. Gradowitz
SAG/nd
Enclosures

17 of 17

For full print and download access, please subscribe at https://www.trellis.law/.

Document for Willie H Samuels v. Zarif Ziyaev

Preview

Case Info

Parties