Preview
FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------------X Index No.: 607412/2023
STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, RESPONSES TO
INTERROGATORIES
Plaintiff,
-against-
Individual Defendants
KATIUSKA BUSTOSREYES,
LIDA ESPERANZA MUZHA ARMIJOS a/k/a LIDA MUZHA,
MARIA SALAZAR,
YOUNG PARK,
Healthcare Defendants
ALL CITY FAMILY HEALTHCARE CENTER, INC.,
BMM LIFE ESSENTIAL SERVICES INC.,
BUFFALO CHIROPRACTIC SERVICES, P.C.,
CITIMED COMPLETE MEDICAL CARE P.C.,
DR. MANASHEROV MEDICAL P.C.,
FAMILY RX CORP,
FIFTH AVENUE SURGERY CENTER, LLC,
FIRST SUPPLY INC,
FUTURE CARE INTERNAL MEDICINE,
FUTURE CARE REGISTERED PROFESSIONAL NURSING,
PLLC d/b/a FUTURE CARE INTERNAL MEDICINE,
FUTURE MEDICAL, P.C.,
FUTURE REHAB PHYSICAL THERAPY, P.C.,
GAETAN JEAN MARIE, DNP-FNP,
GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC,
GET WELL RX INC.,
GLENMORE MEDICAL P.C.,
HERSCHEL KOTKES, M.D., P.C.,
IN TRAILS MED, INC.,
LOGIC MED SUPPLY INC.,
MAJESTIC MEDICAL IMAGING P.C.,
MANAMIM MS, INC,
MEDICAL MRI P.C.,
MEDICUS SUPPLY CORP.,
PROGRESSIVE HEALTHCARE MEDICINE P.C.,
RIDGEWOOD DRUG INC.,
ROCKAWAYS ASC DEVELOPMENT, LLC,
SANKAR MEDIC SUPPLY CORP.,
SANTE MEDIC SUPPLY INC.,
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SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,
STAR MEDICAL IMAGING P.C.,
TIMOTHY J. HENDERSON, M.D., and
TWELVE STEPS CHIROPRACTIC P.C.,
Defendants.
__________________________________________________________________________Ç
PLEASE TAKE NOTICE, that the plaintiff, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, by and through their attorneys, SIEGEL & O'LEARY LLP, states, upon
information and belief, as and for their response to Defendants, ALL CITY FAMILY
HEALTHCARE CENTER, INC., CITIMED COMPLETE MEDICAL CARE P.C., and
ROCKAWAYS ASC DEVELOPMENT, LLC's interrogatories, as follows:
1. Identify which Assignor and/or Assignors that was treated by which Answering Defendant.
Please see the attached bills, NF-10s and Explanations of Review.
2. For each of these Assignors, state the following:
a. Date of accident or accidents for which each Assignor was treated by each
Answering Defendant;
Please see the attached NF-10s and Explanations of Review.
b. Claim number that was submitted for each of these accidents;
Please see the attached NF-10s and Explanations of Review.
c. Insurance policy number for each of these Assignors; and
Please see the attached policy.
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d. The amount of each bill that is in dispute for each claim that each Answering
Defendant submitted to Plaintiff.
Please see the attached NF-10s and Explanations of Review.
3. For each accident identified in Number 2(a) above, state whether Plaintiff determined this
occurrence" act" act"
accident to be "a staged or "intentional or an "intentional collusive
and for any other similar defense, state:
i. The process by which this determination was made;
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and
beyond the scope of permissible discovery.
ii. In detail, describe any visit of the site of the accident, i.e., who participated in the
site visit, when the site visit took place, observations at the site visit, and
information obtained at the site visit;
Not applicable.
iii. The basis or bases on which Plaintiff relies to support its theory that the accident
occurrence" act"
was "a staged or an "intentional or an "intentional collusive act";
Please see the attached police reports, policies, Examination Under Oath
Transcripts of Lida Esperanza Muzha Armijos a/k/a Musha Armijos Lida
Esperanza, Maria Salazar and Katiuska Bustos-Reyes, NF-2s, Bills, NF-10s,
Explanations of Review, Delay Letters, Examination Under Oath Scheduling
Letters, Letters of Representation, Google Maps Printout, and Transcript
Execution Letters.
iv. Any discrepancy between Plaintiffs theory and the manner in which the Assignor
alleges the accident occurred.
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and
beyond the scope of permissible discovery.
4. For each statement obtained Plaintiff - whether oral or written, under oath or not, from
by
source - that affects an Answering Defendant's state:
any bills,
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i. Which part of the statement was used and relied upon by Plaintiff to substantiate
Plaintiffs contentions that this statement was false and/or misleading; and
Please see the attached Examination Under Oath Transcripts of Lida
Esperanza Muzha Armijos a/k/a Musha Armijos Lida Esperanza, Maria
Salazar and Katiuska Bustos-Reyes.
ii. The reason(s) Plaintiff reached this conclusion.
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and
beyond the scope of permissible discovery.
5. If Plaintiff issued one or more denials or otherwise refused to pay any of Answering
Defendants' Defendants' Assignor(s)'
bills based, in whole or in
part, on each Answering
Defendants' "Applicant"
and/or each of the Answering (referred to as the within this
Oath"
question), failure to attend one or more "Examination Under ("EUO"), and/or each
Defendants' Assignor(s)' Examination"
Answer failure to attend an "Independent Medical
("IME"), state, in detail, for each scheduled EUO and/or IME and for each Applicant who
allegedly failed to appear:
i. Employment information, i.e., names, addresses and relationship, with Plaintiff of
each person or entity that contributed in making the determination;
ii. The specific procedure adopted in making the determination;
iii. In detail, describe any communication that occurred between Plaintiff or an agent
of Plaintiff and each Applicant;
iv. In detail, how Plaintiff or Plaintiffs agent(s) determined that the time and location
for the scheduled EUO and/or IME would be convenient for the Applicant;
v. Contact information, i.e., name and address, of every person or entity to which all
correspondence relating to the EUO was sent;
vi. In detail, the precise procedure followed for the creation and mailing of such
correspondence;
vii. Whether Plaintiff or Plaintiffs agent(s) received reliable confirmation of delivery
and if so, precisely which confirmation, provide true and correct copies of same;
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viii. In detail, how Plaintiff or Plaintiffs agent(s) came to know that Applicant failed to
appear at the IME and/or EUO.
i-viii. Not applicable to the underlying case.
Defendants'
6. If the Answering Assignor(s) and/or each of the Answering Defendants failed
to attend one or more EUOs, state:
i. In detail, the objective standards relied upon by Plaintiff or Plaintiffs agent(s) in
determining that an EUO would be necessary to establish proof of claim;
The underlying claim stems from a motor vehicle accident that reportedly
occurred on September 6, 2022 involving a 2007 BMW insured with State
Farm by Katiuska Bustos Reyes. At the time of the subject loss, Ms. Reyes,
Lida Esperanza Muzha Armijos and Maria Salazar occupied the insured
vehicle and all made claims of injuries and no-fault claims following the
alleged accident.
In addition to this loss, there was another vehicle insured with State Farm
under claim number 32-39Q6-61S that was involved in a reported accident on
September 14, 2022. Both that incident and the subject Ioss allegedly
happened on the Brooklyn-Queens Expressway, involved the insured vehicle
being rear ended by a truck and resulted in the three occupants of the insured
car claiming injuries and submitting no-fault claims.
Further, the subject policy of insurance obtained by Ms. Reyes was procured
less than two weeks before the subject loss and the policy of insurance covering
the vehicle involved in the September 14, 2022 loss was obtained two weeks
before that incident.
Following both losses, all six occupants retained the same counsel and went to
the same medical provider. Based upon these factors, State Farm requested
that our office conduct the examinations under oath of Katiuska Bustos Reyes,
Lida Esperanza Muzha Armijos and Maria Salazar.
ii. In detail, the specific objective justification supporting the use of EUOs under the
circumstances of the current case;
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The underlying claim stems from a motor vehicle accident that reportedly
occurred on September 6, 2022 involving a 2007 BMW insured with State
Farm by Katiuska Bustos Reyes. At the time of the subject loss, Ms. Reyes,
Lida Esperanza Muzha Armijos and Maria Salazar occupied the insured
vehicle and all made claims of injuries and no-fault claims following the
alleged accident.
In addition to this loss, there was another vehicle insured with State Farm
under claim number 32-39Q6-61S that was involved in a reported accident on
September 14, 2022. Both that incident and the subject loss allegedly
happened on the Brooklyn-Queens Expressway, involved the insured vehicle
being rear ended by a truck and resulted in the three occupants of the insured
car claiming injuries and submitting no-fault claims.
Further, the subject policy of insurance obtained by Ms. Reyes was procured
less than two weeks before the subject loss and the policy of insurance covering
the vehicle involved in the September 14, 2022 loss was obtained two weeks
before that incident.
Following both losses, all six occupants retained the same counsel and went to
the same medical provider. Based upon these factors, State Farm requested
that our office conduct the examinations under oath of Katiuska Bustos Reyes,
Lida Esperanza Muzha Armijos and Maria Salazar.
Defendants'
7. If Plaintiff denied claims for another reason (i.e., policy exhaustion), identify
that reason and the basis or bases for that reason.
Please see the attached police reports, policies, Examination Under Oath Transcripts
of Lida Esperanza Muzha Armijos a/k/a Musha Armijos Lida Esperanza, Maria
Salazar and Katiuska Bustos-Reyes, NF-2s, Bills, NF-10s, Explanations of Review,
Delay Letters, Examination Under Oath Scheduling Letters, Letters of
Representation, Google Maps Printout, and Transcript Execution Letters.
8. For each NF-10 denial fonn that Plaintiff issued to each Answering Defendant, describe in
detail the process by which this denial was issued, i.e., how the denial was prepared, when
the denial was prepared, and when the denial was issued.
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Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond
the scope of permissible discovery.
Plaintiff reserves the right to supplement the responses to these demands prior to trial.
Dated: Melville, New York
November 9, 2023
Yours, etc.
SIEGEL & O'LEARY LLP
By:
KEVIN W. O'L ARY
Attorneys for Plaintiff
135 Pinelawn Road, uite 245N
Melville, New Yo 11747
(516) 882-5006
kolearv@siegéloleary.com
S&O File No.: DJ-0050
TO: THE RYBAK FIRM, PLLC
Attorneys for Defendants/All City Family Healthcare
Center Inc., Citimed Complete Medical Care, P.C. and
Rockaways ASC Development, LLC
1810 Voorhies Avenue
3rd
FlOOr, Suite 7
Brooklyn, New York 11235
(718) 975-2035
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------------------X Index No.: 607412/2023
STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, RESPONSES TO DEMAND
FOR DISCOVERY AND
Plaintiff, INSPECTION
-against-
Individual Defendants
KATIUSKA BUSTOSREYES,
LIDA ESPERANZA MUZHA ARMIJOS a/k/a LIDA MUZHA,
MARIA SALAZAR,
YOUNG PARK,
Healthcare Defendants
ALL CITY FAMILY HEALTHCARE CENTER, INC.,
BMM LIFE ESSENTIAL SERVICES INC.,
BUFFALO CHIROPRACTIC SERVICES, P.C.,
CITIMED COMPLETE MEDICAL CARE P.C.,
DR. MANASHEROV MEDICAL P.C.,
FAMILY RX CORP,
FIFTH AVENUE SURGERY CENTER, LLC,
FIRST SUPPLY INC,
FUTURE CARE INTERNAL MEDICINE,
FUTURE CARE REGISTERED PROFESSIONAL NURSING,
PLLC d/b/a FUTURE CARE INTERNAL MEDICINE,
FUTURE MEDICAL, P.C.,
FUTURE REHAB PHYSICAL THERAPY, P.C.,
GAETAN JEAN MARIE, DNP-FNP,
GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC,
GET WELL RX INC.,
GLENMORE MEDICAL P.C.,
HERSCHEL KOTKES, M.D., P.C.,
IN TRAILS MED, INC.,
LOGIC MED SUPPLY INC.,
MAJESTIC MEDICAL IMAG1NG P.C.,
MANAMIM MS, INC,
MEDICAL MRI P.C.,
MEDICUS SUPPLY CORP.,
PROGRESSIVE HEALTHCARE MEDICINE P.C.,
RIDGEWOOD DRUG INC.,
ROCKAWAYS ASC DEVELOPMENT, LLC,
SANKAR MEDIC SUPPLY CORP.,
SANTE MEDIC SUPPLY INC.,
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SEDATION VACATION PERIOPERATIVE MEDICINE PLLC,
STAR MEDICAL IMAGING P.C.,
TIMOTHY J. HENDERSON, M.D., and
TWELVE STEPS CHIROPRACTIC P.C.,
Defendants.
__________________________________________________________________________Ç
PLEASE TAKE NOTICE, that the plaintiff, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, by and through their attorneys, SIEGEL & O'LEARY LLP, states, upon
information and belief, as and for their response to Defendants, ALL CITY FAMILY
HEALTHCARE CENTER, INC., CITIMED COMPLETE MEDICAL CARE P.C., and
ROCKAWAYS ASC DEVELOPMENT, LLC's demand for discovery and inspection, as follows:
1. If Plaintiff issued an insurance policy under which EIP claimed benefits for the accident
underlying these proceedings, please.provide the following:
a. A duly authenticated copy of the insurance policy; and
Please see the attached policy.
b. If the policy was cancelled or suspended at any time, prior or subsequent to the
accident in which, EIP was injured, a copy of the cancellation or suspension notice,
and any other correspondence that Plaintiff or Plaintiffs agent(s) sent to the insured,
including proof of mailing and receipt thereof.
Not applicable.
2. EIP's Application for Benefits Form (NF - 2).
Please see the attached Application for Benefits Forms.
3. Motor Vehicle Accident Report (MV-104) describing the EIPs accident.
Plaintiff is not in possession of the EIPs MV-104.
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4. Duly certified copy of the Police Accident Report (MV-104) describing the EIPs accident.
Please see the attached Police Accident Report.
5. Assignment of Rights and Benefit fonns ("AOB") signed by EIP or EIP's representative in
favor of Answering Defendants
Please see the attached Assignments of Benefits.
6. All bills, including the envelopes the bills were mailed in, that Plaintiff received from
Answering Defendants, whether or not paid or disputed by Plaintiff or Plaintiff s agent(s).
Please see the attached Bills received by Plaintiff from Answering Defendants.
7. All bills and medical records in Plaintiffs possession relating to EIP(s) whether or not
submitted by Answering Defendants, and whether or not subject to the instant dispute.
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond
the scope of permissible discovery.
8. All bills and medical records in Plaintiff s or Plaintiff s agent(s) possession relating to each
individual, other than EIP, who was injured in the underlying accident, whether or not
submitted by Answering Defendants, and whether or not subject to the instant dispute.
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond
the scope of permissible discovery.
9. Copies of any settlement, release, discontinuance, payment, and/or partial or total
satisfaction, however named, of any bill relating to EIP, whether or not submitted by
Answering Defendants.
Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond
the scope of permissible discovery.
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10. Verification requests, if any, issued by Plaintiff or Plaintiff s agent(s), in response to any bill
received by Answering Defendants, whether the request was made on the prescribed form or
not.
With regard to the underlying case, please see the attached Delay Letters and
Examination Under Oath Scheduling Letters.
11. Documents provided by
Preview
FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------X Index No.: 607412/2023 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONSES TO INTERROGATORIES Plaintiff, -against- Individual Defendants KATIUSKA BUSTOSREYES, LIDA ESPERANZA MUZHA ARMIJOS a/k/a LIDA MUZHA, MARIA SALAZAR, YOUNG PARK, Healthcare Defendants ALL CITY FAMILY HEALTHCARE CENTER, INC., BMM LIFE ESSENTIAL SERVICES INC., BUFFALO CHIROPRACTIC SERVICES, P.C., CITIMED COMPLETE MEDICAL CARE P.C., DR. MANASHEROV MEDICAL P.C., FAMILY RX CORP, FIFTH AVENUE SURGERY CENTER, LLC, FIRST SUPPLY INC, FUTURE CARE INTERNAL MEDICINE, FUTURE CARE REGISTERED PROFESSIONAL NURSING, PLLC d/b/a FUTURE CARE INTERNAL MEDICINE, FUTURE MEDICAL, P.C., FUTURE REHAB PHYSICAL THERAPY, P.C., GAETAN JEAN MARIE, DNP-FNP, GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC, GET WELL RX INC., GLENMORE MEDICAL P.C., HERSCHEL KOTKES, M.D., P.C., IN TRAILS MED, INC., LOGIC MED SUPPLY INC., MAJESTIC MEDICAL IMAGING P.C., MANAMIM MS, INC, MEDICAL MRI P.C., MEDICUS SUPPLY CORP., PROGRESSIVE HEALTHCARE MEDICINE P.C., RIDGEWOOD DRUG INC., ROCKAWAYS ASC DEVELOPMENT, LLC, SANKAR MEDIC SUPPLY CORP., SANTE MEDIC SUPPLY INC., 1 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 SEDATION VACATION PERIOPERATIVE MEDICINE PLLC, STAR MEDICAL IMAGING P.C., TIMOTHY J. HENDERSON, M.D., and TWELVE STEPS CHIROPRACTIC P.C., Defendants. __________________________________________________________________________Ç PLEASE TAKE NOTICE, that the plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through their attorneys, SIEGEL & O'LEARY LLP, states, upon information and belief, as and for their response to Defendants, ALL CITY FAMILY HEALTHCARE CENTER, INC., CITIMED COMPLETE MEDICAL CARE P.C., and ROCKAWAYS ASC DEVELOPMENT, LLC's interrogatories, as follows: 1. Identify which Assignor and/or Assignors that was treated by which Answering Defendant. Please see the attached bills, NF-10s and Explanations of Review. 2. For each of these Assignors, state the following: a. Date of accident or accidents for which each Assignor was treated by each Answering Defendant; Please see the attached NF-10s and Explanations of Review. b. Claim number that was submitted for each of these accidents; Please see the attached NF-10s and Explanations of Review. c. Insurance policy number for each of these Assignors; and Please see the attached policy. 2 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 d. The amount of each bill that is in dispute for each claim that each Answering Defendant submitted to Plaintiff. Please see the attached NF-10s and Explanations of Review. 3. For each accident identified in Number 2(a) above, state whether Plaintiff determined this occurrence" act" act" accident to be "a staged or "intentional or an "intentional collusive and for any other similar defense, state: i. The process by which this determination was made; Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. ii. In detail, describe any visit of the site of the accident, i.e., who participated in the site visit, when the site visit took place, observations at the site visit, and information obtained at the site visit; Not applicable. iii. The basis or bases on which Plaintiff relies to support its theory that the accident occurrence" act" was "a staged or an "intentional or an "intentional collusive act"; Please see the attached police reports, policies, Examination Under Oath Transcripts of Lida Esperanza Muzha Armijos a/k/a Musha Armijos Lida Esperanza, Maria Salazar and Katiuska Bustos-Reyes, NF-2s, Bills, NF-10s, Explanations of Review, Delay Letters, Examination Under Oath Scheduling Letters, Letters of Representation, Google Maps Printout, and Transcript Execution Letters. iv. Any discrepancy between Plaintiffs theory and the manner in which the Assignor alleges the accident occurred. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. 4. For each statement obtained Plaintiff - whether oral or written, under oath or not, from by source - that affects an Answering Defendant's state: any bills, 3 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 i. Which part of the statement was used and relied upon by Plaintiff to substantiate Plaintiffs contentions that this statement was false and/or misleading; and Please see the attached Examination Under Oath Transcripts of Lida Esperanza Muzha Armijos a/k/a Musha Armijos Lida Esperanza, Maria Salazar and Katiuska Bustos-Reyes. ii. The reason(s) Plaintiff reached this conclusion. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. 5. If Plaintiff issued one or more denials or otherwise refused to pay any of Answering Defendants' Defendants' Assignor(s)' bills based, in whole or in part, on each Answering Defendants' "Applicant" and/or each of the Answering (referred to as the within this Oath" question), failure to attend one or more "Examination Under ("EUO"), and/or each Defendants' Assignor(s)' Examination" Answer failure to attend an "Independent Medical ("IME"), state, in detail, for each scheduled EUO and/or IME and for each Applicant who allegedly failed to appear: i. Employment information, i.e., names, addresses and relationship, with Plaintiff of each person or entity that contributed in making the determination; ii. The specific procedure adopted in making the determination; iii. In detail, describe any communication that occurred between Plaintiff or an agent of Plaintiff and each Applicant; iv. In detail, how Plaintiff or Plaintiffs agent(s) determined that the time and location for the scheduled EUO and/or IME would be convenient for the Applicant; v. Contact information, i.e., name and address, of every person or entity to which all correspondence relating to the EUO was sent; vi. In detail, the precise procedure followed for the creation and mailing of such correspondence; vii. Whether Plaintiff or Plaintiffs agent(s) received reliable confirmation of delivery and if so, precisely which confirmation, provide true and correct copies of same; 4 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 viii. In detail, how Plaintiff or Plaintiffs agent(s) came to know that Applicant failed to appear at the IME and/or EUO. i-viii. Not applicable to the underlying case. Defendants' 6. If the Answering Assignor(s) and/or each of the Answering Defendants failed to attend one or more EUOs, state: i. In detail, the objective standards relied upon by Plaintiff or Plaintiffs agent(s) in determining that an EUO would be necessary to establish proof of claim; The underlying claim stems from a motor vehicle accident that reportedly occurred on September 6, 2022 involving a 2007 BMW insured with State Farm by Katiuska Bustos Reyes. At the time of the subject loss, Ms. Reyes, Lida Esperanza Muzha Armijos and Maria Salazar occupied the insured vehicle and all made claims of injuries and no-fault claims following the alleged accident. In addition to this loss, there was another vehicle insured with State Farm under claim number 32-39Q6-61S that was involved in a reported accident on September 14, 2022. Both that incident and the subject Ioss allegedly happened on the Brooklyn-Queens Expressway, involved the insured vehicle being rear ended by a truck and resulted in the three occupants of the insured car claiming injuries and submitting no-fault claims. Further, the subject policy of insurance obtained by Ms. Reyes was procured less than two weeks before the subject loss and the policy of insurance covering the vehicle involved in the September 14, 2022 loss was obtained two weeks before that incident. Following both losses, all six occupants retained the same counsel and went to the same medical provider. Based upon these factors, State Farm requested that our office conduct the examinations under oath of Katiuska Bustos Reyes, Lida Esperanza Muzha Armijos and Maria Salazar. ii. In detail, the specific objective justification supporting the use of EUOs under the circumstances of the current case; 5 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 The underlying claim stems from a motor vehicle accident that reportedly occurred on September 6, 2022 involving a 2007 BMW insured with State Farm by Katiuska Bustos Reyes. At the time of the subject loss, Ms. Reyes, Lida Esperanza Muzha Armijos and Maria Salazar occupied the insured vehicle and all made claims of injuries and no-fault claims following the alleged accident. In addition to this loss, there was another vehicle insured with State Farm under claim number 32-39Q6-61S that was involved in a reported accident on September 14, 2022. Both that incident and the subject loss allegedly happened on the Brooklyn-Queens Expressway, involved the insured vehicle being rear ended by a truck and resulted in the three occupants of the insured car claiming injuries and submitting no-fault claims. Further, the subject policy of insurance obtained by Ms. Reyes was procured less than two weeks before the subject loss and the policy of insurance covering the vehicle involved in the September 14, 2022 loss was obtained two weeks before that incident. Following both losses, all six occupants retained the same counsel and went to the same medical provider. Based upon these factors, State Farm requested that our office conduct the examinations under oath of Katiuska Bustos Reyes, Lida Esperanza Muzha Armijos and Maria Salazar. Defendants' 7. If Plaintiff denied claims for another reason (i.e., policy exhaustion), identify that reason and the basis or bases for that reason. Please see the attached police reports, policies, Examination Under Oath Transcripts of Lida Esperanza Muzha Armijos a/k/a Musha Armijos Lida Esperanza, Maria Salazar and Katiuska Bustos-Reyes, NF-2s, Bills, NF-10s, Explanations of Review, Delay Letters, Examination Under Oath Scheduling Letters, Letters of Representation, Google Maps Printout, and Transcript Execution Letters. 8. For each NF-10 denial fonn that Plaintiff issued to each Answering Defendant, describe in detail the process by which this denial was issued, i.e., how the denial was prepared, when the denial was prepared, and when the denial was issued. 6 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. Plaintiff reserves the right to supplement the responses to these demands prior to trial. Dated: Melville, New York November 9, 2023 Yours, etc. SIEGEL & O'LEARY LLP By: KEVIN W. O'L ARY Attorneys for Plaintiff 135 Pinelawn Road, uite 245N Melville, New Yo 11747 (516) 882-5006 kolearv@siegéloleary.com S&O File No.: DJ-0050 TO: THE RYBAK FIRM, PLLC Attorneys for Defendants/All City Family Healthcare Center Inc., Citimed Complete Medical Care, P.C. and Rockaways ASC Development, LLC 1810 Voorhies Avenue 3rd FlOOr, Suite 7 Brooklyn, New York 11235 (718) 975-2035 7 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------------------X Index No.: 607412/2023 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONSES TO DEMAND FOR DISCOVERY AND Plaintiff, INSPECTION -against- Individual Defendants KATIUSKA BUSTOSREYES, LIDA ESPERANZA MUZHA ARMIJOS a/k/a LIDA MUZHA, MARIA SALAZAR, YOUNG PARK, Healthcare Defendants ALL CITY FAMILY HEALTHCARE CENTER, INC., BMM LIFE ESSENTIAL SERVICES INC., BUFFALO CHIROPRACTIC SERVICES, P.C., CITIMED COMPLETE MEDICAL CARE P.C., DR. MANASHEROV MEDICAL P.C., FAMILY RX CORP, FIFTH AVENUE SURGERY CENTER, LLC, FIRST SUPPLY INC, FUTURE CARE INTERNAL MEDICINE, FUTURE CARE REGISTERED PROFESSIONAL NURSING, PLLC d/b/a FUTURE CARE INTERNAL MEDICINE, FUTURE MEDICAL, P.C., FUTURE REHAB PHYSICAL THERAPY, P.C., GAETAN JEAN MARIE, DNP-FNP, GAETAN JEAN MARIE, FAMILY HEALTH NP, PLLC, GET WELL RX INC., GLENMORE MEDICAL P.C., HERSCHEL KOTKES, M.D., P.C., IN TRAILS MED, INC., LOGIC MED SUPPLY INC., MAJESTIC MEDICAL IMAG1NG P.C., MANAMIM MS, INC, MEDICAL MRI P.C., MEDICUS SUPPLY CORP., PROGRESSIVE HEALTHCARE MEDICINE P.C., RIDGEWOOD DRUG INC., ROCKAWAYS ASC DEVELOPMENT, LLC, SANKAR MEDIC SUPPLY CORP., SANTE MEDIC SUPPLY INC., 8 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 SEDATION VACATION PERIOPERATIVE MEDICINE PLLC, STAR MEDICAL IMAGING P.C., TIMOTHY J. HENDERSON, M.D., and TWELVE STEPS CHIROPRACTIC P.C., Defendants. __________________________________________________________________________Ç PLEASE TAKE NOTICE, that the plaintiff, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, by and through their attorneys, SIEGEL & O'LEARY LLP, states, upon information and belief, as and for their response to Defendants, ALL CITY FAMILY HEALTHCARE CENTER, INC., CITIMED COMPLETE MEDICAL CARE P.C., and ROCKAWAYS ASC DEVELOPMENT, LLC's demand for discovery and inspection, as follows: 1. If Plaintiff issued an insurance policy under which EIP claimed benefits for the accident underlying these proceedings, please.provide the following: a. A duly authenticated copy of the insurance policy; and Please see the attached policy. b. If the policy was cancelled or suspended at any time, prior or subsequent to the accident in which, EIP was injured, a copy of the cancellation or suspension notice, and any other correspondence that Plaintiff or Plaintiffs agent(s) sent to the insured, including proof of mailing and receipt thereof. Not applicable. 2. EIP's Application for Benefits Form (NF - 2). Please see the attached Application for Benefits Forms. 3. Motor Vehicle Accident Report (MV-104) describing the EIPs accident. Plaintiff is not in possession of the EIPs MV-104. 9 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 4. Duly certified copy of the Police Accident Report (MV-104) describing the EIPs accident. Please see the attached Police Accident Report. 5. Assignment of Rights and Benefit fonns ("AOB") signed by EIP or EIP's representative in favor of Answering Defendants Please see the attached Assignments of Benefits. 6. All bills, including the envelopes the bills were mailed in, that Plaintiff received from Answering Defendants, whether or not paid or disputed by Plaintiff or Plaintiff s agent(s). Please see the attached Bills received by Plaintiff from Answering Defendants. 7. All bills and medical records in Plaintiffs possession relating to EIP(s) whether or not submitted by Answering Defendants, and whether or not subject to the instant dispute. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. 8. All bills and medical records in Plaintiff s or Plaintiff s agent(s) possession relating to each individual, other than EIP, who was injured in the underlying accident, whether or not submitted by Answering Defendants, and whether or not subject to the instant dispute. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. 9. Copies of any settlement, release, discontinuance, payment, and/or partial or total satisfaction, however named, of any bill relating to EIP, whether or not submitted by Answering Defendants. Object. Overly broad, unduly burdensome, vague, immaterial, irrelevant and beyond the scope of permissible discovery. 10 of 590 FILED: NASSAU COUNTY CLERK 11/13/2023 03:18 PM INDEX NO. 607412/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 11/13/2023 10. Verification requests, if any, issued by Plaintiff or Plaintiff s agent(s), in response to any bill received by Answering Defendants, whether the request was made on the prescribed form or not. With regard to the underlying case, please see the attached Delay Letters and Examination Under Oath Scheduling Letters. 11. Documents provided by