Preview
FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------------------------X Index No.: 614334/2023
BRENDAN PUDERBACH,
Plaintiff,
-against- VERIFIED ANSWER
CHEN XIAOCHANG,
Defendant.
______________________________________________________________________Ç
Defendant, CHEN XIAOCHANG, by his attorneys, COLLINS, FITZPATRICK &
SCHOENE, LLP, as and for his answer to the complaint, sets forth as follows:
ANSWERING THE FIRST CAUSE OF ACTION
1. Deny any knowledge or infonnation sufficient to form a belief as to each and every
"3" "4"
allegation contained in paragraphs numbered "1", and of the complaint.
"2"
2. Admits to each and every allegation contained in paragraph numbered of the
complaint.
3. Deny any knowledge or infonnation sufficient to form a belief as to each and every
"16"
allegation contained in paragraph numbered of the complaint, in the absence of a police
report and refer all issues of fact to the court for detennination.
"20" "21"
4. The allegations set forth in paragraphs numbered "19", and of the
complaint consist of a legal conclusion, to which no response is required. To the extent that a
response is deemed necessary, the answering defendant refers all conclusions of law to the trial
court for detennination.
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5. Admits that defendant owned a certain motor vehicle on the date of the alleged
"14"
incident as set forth in paragraphs numbered "5", "6", "7", "8", "9", "10", "I 1", "12", "13",
"15"
and but refers all other issues of fact or law contained therein to the court for detennination.
6. Deny any knowledge or infonnation sufficient to fonn a belief as to each and every
"17" "18"
allegation contained in paragraphs numbered and of the complaint.
ANSWERING THE SECOND CAUSE OF ACTION
7. The answering defendant repeats and reiterates each and every admission and denial
"1" "6"
heretofore made herein with respect to paragraphs numbered through of this answer as if
fully set forth at length herein.
8. Deny any knowledge or infonnation sufficient to fonn a belief as to each and every
"23" "24"
allegation contained in paragraphs numbered and of the complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
9. The damages alleged to have been sustained by plaintiff was caused in whole or in
part by plaintiffs own culpable conduct, contributory negligence and/or infonned choice made by
them after consideration of options presented to them, and plaintiff's claims are therefore barred or
diminished to the extent that such culpable conduct, contributory negligence and/or infonned
choices contributed to the occurrence and damages claimed therefrom.
2
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
10. Any award to plaintiff for the cost of medical care, custodial care or rehabilitation
services, loss of earnings or other economic loss should be reduced by the amount such
expense has been or will be replaced or indemnified in whole or in part from any collateral
source in accordance with the provisions and limitations set forth in CPLR 4545.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
11. That the plaintiff was not wearing appropriate safety equipment and failed to make
use of the vehicles restraint system, including, but not limited to, seatbelts, lapbelt and/or harness
devices at the time of the occurrence complained of, and said failure caused or contributed to the
causation of the incident complained of and/or any result in injuries and/or damages, both of
which were caused and/or aggravated thereby.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
12. This answering defendant alleges that the causes of action as alleged in plaintifes
complaint are barred by reason of failure to comply with and satisfy the requirements of §5102,
the Comprehensive Automobile Insurance Reparations Acts of the Insurance Law of the State of
New York.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
13. The plaintiff has failed to mitigate, obviate, diminish and otherwise act to lessen or
reduce the alleged injuries, damages and disabilities alleged in the complaint.
3
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
14. That, to the extent that the alleged damages and/or injuries of the plaintiff, if any,
were caused or contributed to in whole or in part, by intervening and super ceding causative
factors, the claims of plaintiff against the answering defendant should be barred.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
15. The causes of action alleged by plaintiff are barred by and in contravention of
Insurance Law §5102(d) and 5102(a), in that plaintiff and defendants are covered persons and in
any action by or on behalf of a covered person against another covered person for personal injuries
arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no
right of recovery for non-economic loss, except in the case of a serious injury, or for basic
economic loss.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
18. Pursuant to the limited liability provisions of §l 601 of the Civil Practice Law &
Rules, defendant CHEN XIAOCHANG liability, ifany, shall be limited to their respective equitable
share of the total liability.
AS AND FOR AN NINTH AFFIRMATIVE DEFENSE
19. Any settlement, discontinuance or agreement not to sue, made with responsible or
potentially responsible persons and/or entities, shall constitute a set-off and reduction of any
recovery against the answering defendant pursuant to the provisions of General Obligations Law
§l 5-108, CPLR Article 14 and/or CPLR Article 16.
4
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AS AND FOR A TENTH AFFIRMATIVE DEFENSE
20. The cause of action set forth in the complaint fails to state claim upon which relief
can be granted.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
21. The plaintiff's alleged injuries were not caused by any act or omission of the
answering defendant, and, upon infonnation and belief, were the product of naturally occurring
degenerative conditions, pre-existing conditions and/or other accidents or incidents.
WHEREFORE, defendant, CHEN XIAOCHANG, demands judgment:
a) dismissing the complaint, together with the costs and disbursements of this
action;
b) in the alternative, and in the event the plaintiff prevails, defendant CHEN
XIAOCHANG demands judgment determining the respective percentages of fault on the part of the
defendant, the plaintiff and all non-parties subject to in personam jurisdiction and thereby reducing
the amount of damages as against this defendant by the respective percentage of fault of all other
parties.
5
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Dated: White Plains, New York
December 4, 2023
Yours, etc.,
COLLINS, FITZPATRICK & SCHOENE, LLP
By:
DD J. MANISTER, ESQ.
Attorneys for Defendant
34 South Broadway, Suite 407
White Plains, New York 10601
(914) 437-8020
TO: LAW OFFICES OF CHARLES E. FINELLI
& ASSOCIATES, PLLC
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
6
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ATTORNEY'S VERIFICATION BY AFFIRMATION
Todd J. Manister, an attorney admitted to practice in the Courts of the State of New York,
hereby affirms the truth of the following under penalty of perjury:
Your affirmant's office is the attorney of record for defendant, CHEN XIAOCHANG
Your affirmant has read the annexed Answer to Complaint, knows the contents thereof and
the same are true to his/her knowledge, except those matters therein which are stated to be alleged
on infonnation and belief, and as to those matters your affinnant believes them to be true. Your
affirmant's belief, as to those matters therein not stated upon knowledge, is based upon the
materials, information and reports contained in the file, which is maintained in your affirmant's
office.
The reason that your affirmant makes this affinnation instead of defendant(s) is because
said defendant is not in the county in which your affirmant's law office is located.
Dated: White Plains, New York
December 4, 2023
D J. MANISTER
7
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SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF NASSAU
-----------------------------------------------------------------X Index No.: 614334/2023
BRENDAN PUDERBACH,
Plaintiff,
-against- NOTICE TO TAKE
DEPOSITION UPON
CHEN XIAOCHANG, ORAL EXAMINATION
Defendant.
_________________________________________________________________x
COUNSELOR(S):
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
the testimony, upon oral examination of plaintiff as an adverse party will be taken before a Notary
Public who is not an attorney, or an 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 the offices of Collins, Fitzpatrick & Schoene,
8th
LLP, 34 South Broadway, Suite 407, White Plains, NY 10601, on the day of March 2024 at
10:30 o'clock in the forenoon of that day with respect to evidence material and necessary in the
prosecution/defense of this action.
All persons to be examined are required to produce at such examination any and all books,
records, memoranda and any other material pertinent to the within action.
Dated: White Plains, New York
December 4, 2023
Yours, etc.,
COLLINS, FITZPATRICK & SCHOENE, LLP
By:
TOD J. MANISTER, ESQ.
Attorneys for Defendant
34 South Broadway, Suite 407
White Plains, New York 10601
(914) 437-8020
TO: LAW OFFICES OF CHARLES E. FINELLI
& ASSOCIATES, PLLC
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
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SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF NASSAU
-----------------------------------------------------------------X Index No.: 614334/2023
BRENDAN PUDERBACH,
Plaintiff,
-against- DEMAND FOR A
VERIFIED BILL OF
CHEN XIAOCHANG, PARTICULARS
Defendant.
_________________________________________________________________Ç
COUNSELOR(S):
PLEASE TAKE NOTICE, that pursuant to CPLR §3041, R3042, R3043 and §3044, within
thirty (30) days from the date hereof, you are required to serve upon the undersigned a Verified
Bill of Particulars setting forth:
1. a statement of each and every injury alleged to have been sustained as a result of the
occurrence described in the complaint;
2. a description of those injuries which are claimed to be permanent;
3. the length of time confined:
(a) to a hospital,
(b) to bed,
(c) to home;
4. with respect to any incapacitation from employment and/or attendance at school:
(a) plaintiff s vocation or occupation,
(b) the length of time of incapacitation,
(c) the name and address of the employer and/or school;
5. the total amounts claimed as special damages for:
(a) hospital expenses,
physicians'
(b) services.
nurses'
(c) services.
(d) medical supplies,
(e) loss of earnings,
(f) other (specify);
2
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6. the names and addresses of each hospital, medical facility, physician or other
provider of medical care for the injuries sustained;
7. the date of birth, present address and Social Security Number of each plaintiff;
8. with respect to any decedent:
(a) the names, addresses and ages of all dependents, and the
nature of the dependency;
(b) an itemized list of funeral expenses;
9. the name and address of the insurance carrier providing first party benefits to each
person"
plaintiff claimed to be a "covered as defined in Insurance Law §5102;
10. in what respect it will be claimed that each injured plaintiff sustained a serious injury
or economic loss greater than basic economic loss as defined in Insurance Law §5 102;
1 1. the date and approximate time of day of the occurrence;
12. the location of the occurrence stating the names of the intersecting streets if at an
intersection, the name of the street, the name of the nearest intersecting street and the distance
therefrom;
13. the direction in which each vehicle, motorcycle bicycle, pedestrian, etc., was
proceeding immediately before the occurrence;
14. each and every act or omission constituting the negligence claimed on the part of
the persons and/or entities mentioned in the complaint;
15. each and every act or omission constituting the negligence claimed on the part of
these answering defendants;
16. each and every statute, ordinance, rule and regulation which is claimed to have been
violated.
3
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Dated: White Plains, New York
December 4, 2023
Yours, etc.,
COLLINS, FIT TRICK & SCHOENE, LLP
By:
TODD . MANISTER, ESQ.
Attorneys for Defendant
34 South Broadway, Suite 407
White Plains, New York 10601
(914) 437-8020
TO: LAW OFFICES OF CHARLES E. FINELLI
& ASSOCIATES, PLLC
Attorneys for Plaintiff
1406-08 Zerega Avenue
Bronx, New York 10462
(718) 822-8020
4
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023
SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF NASSAU
-----------------------------------------------------------------X Index No.: 614334/2023
BRENDANPUDERBACH,
Plaintiff,
-against- COMBINED DEMAND
FOR DISCLOSURE
CHEN XIAOCHANG,
Defendant.
_________________________________________________________________Ç
COUNSELORS(S):
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and CPLR 3120, demand is hereby
made that you produce and pennit discovery by the undersigned within twenty (20) days after
receipt of this demand:
Statement
All statements, signed or unsigned, written or recorded and transcribed, taken by anyone
from any party represented by the undersigned, referable to the occurrence which forms the basis
for this action.
Accident or Incident Reports
Preview
FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------------------------X Index No.: 614334/2023 BRENDAN PUDERBACH, Plaintiff, -against- VERIFIED ANSWER CHEN XIAOCHANG, Defendant. ______________________________________________________________________Ç Defendant, CHEN XIAOCHANG, by his attorneys, COLLINS, FITZPATRICK & SCHOENE, LLP, as and for his answer to the complaint, sets forth as follows: ANSWERING THE FIRST CAUSE OF ACTION 1. Deny any knowledge or infonnation sufficient to form a belief as to each and every "3" "4" allegation contained in paragraphs numbered "1", and of the complaint. "2" 2. Admits to each and every allegation contained in paragraph numbered of the complaint. 3. Deny any knowledge or infonnation sufficient to form a belief as to each and every "16" allegation contained in paragraph numbered of the complaint, in the absence of a police report and refer all issues of fact to the court for detennination. "20" "21" 4. The allegations set forth in paragraphs numbered "19", and of the complaint consist of a legal conclusion, to which no response is required. To the extent that a response is deemed necessary, the answering defendant refers all conclusions of law to the trial court for detennination. 1 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 5. Admits that defendant owned a certain motor vehicle on the date of the alleged "14" incident as set forth in paragraphs numbered "5", "6", "7", "8", "9", "10", "I 1", "12", "13", "15" and but refers all other issues of fact or law contained therein to the court for detennination. 6. Deny any knowledge or infonnation sufficient to fonn a belief as to each and every "17" "18" allegation contained in paragraphs numbered and of the complaint. ANSWERING THE SECOND CAUSE OF ACTION 7. The answering defendant repeats and reiterates each and every admission and denial "1" "6" heretofore made herein with respect to paragraphs numbered through of this answer as if fully set forth at length herein. 8. Deny any knowledge or infonnation sufficient to fonn a belief as to each and every "23" "24" allegation contained in paragraphs numbered and of the complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 9. The damages alleged to have been sustained by plaintiff was caused in whole or in part by plaintiffs own culpable conduct, contributory negligence and/or infonned choice made by them after consideration of options presented to them, and plaintiff's claims are therefore barred or diminished to the extent that such culpable conduct, contributory negligence and/or infonned choices contributed to the occurrence and damages claimed therefrom. 2 2 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 AS AND FOR A SECOND AFFIRMATIVE DEFENSE 10. Any award to plaintiff for the cost of medical care, custodial care or rehabilitation services, loss of earnings or other economic loss should be reduced by the amount such expense has been or will be replaced or indemnified in whole or in part from any collateral source in accordance with the provisions and limitations set forth in CPLR 4545. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 11. That the plaintiff was not wearing appropriate safety equipment and failed to make use of the vehicles restraint system, including, but not limited to, seatbelts, lapbelt and/or harness devices at the time of the occurrence complained of, and said failure caused or contributed to the causation of the incident complained of and/or any result in injuries and/or damages, both of which were caused and/or aggravated thereby. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 12. This answering defendant alleges that the causes of action as alleged in plaintifes complaint are barred by reason of failure to comply with and satisfy the requirements of §5102, the Comprehensive Automobile Insurance Reparations Acts of the Insurance Law of the State of New York. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 13. The plaintiff has failed to mitigate, obviate, diminish and otherwise act to lessen or reduce the alleged injuries, damages and disabilities alleged in the complaint. 3 3 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 14. That, to the extent that the alleged damages and/or injuries of the plaintiff, if any, were caused or contributed to in whole or in part, by intervening and super ceding causative factors, the claims of plaintiff against the answering defendant should be barred. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 15. The causes of action alleged by plaintiff are barred by and in contravention of Insurance Law §5102(d) and 5102(a), in that plaintiff and defendants are covered persons and in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 18. Pursuant to the limited liability provisions of §l 601 of the Civil Practice Law & Rules, defendant CHEN XIAOCHANG liability, ifany, shall be limited to their respective equitable share of the total liability. AS AND FOR AN NINTH AFFIRMATIVE DEFENSE 19. Any settlement, discontinuance or agreement not to sue, made with responsible or potentially responsible persons and/or entities, shall constitute a set-off and reduction of any recovery against the answering defendant pursuant to the provisions of General Obligations Law §l 5-108, CPLR Article 14 and/or CPLR Article 16. 4 4 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 20. The cause of action set forth in the complaint fails to state claim upon which relief can be granted. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 21. The plaintiff's alleged injuries were not caused by any act or omission of the answering defendant, and, upon infonnation and belief, were the product of naturally occurring degenerative conditions, pre-existing conditions and/or other accidents or incidents. WHEREFORE, defendant, CHEN XIAOCHANG, demands judgment: a) dismissing the complaint, together with the costs and disbursements of this action; b) in the alternative, and in the event the plaintiff prevails, defendant CHEN XIAOCHANG demands judgment determining the respective percentages of fault on the part of the defendant, the plaintiff and all non-parties subject to in personam jurisdiction and thereby reducing the amount of damages as against this defendant by the respective percentage of fault of all other parties. 5 5 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 Dated: White Plains, New York December 4, 2023 Yours, etc., COLLINS, FITZPATRICK & SCHOENE, LLP By: DD J. MANISTER, ESQ. Attorneys for Defendant 34 South Broadway, Suite 407 White Plains, New York 10601 (914) 437-8020 TO: LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 6 6 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 ATTORNEY'S VERIFICATION BY AFFIRMATION Todd J. Manister, an attorney admitted to practice in the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: Your affirmant's office is the attorney of record for defendant, CHEN XIAOCHANG Your affirmant has read the annexed Answer to Complaint, knows the contents thereof and the same are true to his/her knowledge, except those matters therein which are stated to be alleged on infonnation and belief, and as to those matters your affinnant believes them to be true. Your affirmant's belief, as to those matters therein not stated upon knowledge, is based upon the materials, information and reports contained in the file, which is maintained in your affirmant's office. The reason that your affirmant makes this affinnation instead of defendant(s) is because said defendant is not in the county in which your affirmant's law office is located. Dated: White Plains, New York December 4, 2023 D J. MANISTER 7 7 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------X Index No.: 614334/2023 BRENDAN PUDERBACH, Plaintiff, -against- NOTICE TO TAKE DEPOSITION UPON CHEN XIAOCHANG, ORAL EXAMINATION Defendant. _________________________________________________________________x COUNSELOR(S): PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of plaintiff as an adverse party will be taken before a Notary Public who is not an attorney, or an 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 the offices of Collins, Fitzpatrick & Schoene, 8th LLP, 34 South Broadway, Suite 407, White Plains, NY 10601, on the day of March 2024 at 10:30 o'clock in the forenoon of that day with respect to evidence material and necessary in the prosecution/defense of this action. All persons to be examined are required to produce at such examination any and all books, records, memoranda and any other material pertinent to the within action. Dated: White Plains, New York December 4, 2023 Yours, etc., COLLINS, FITZPATRICK & SCHOENE, LLP By: TOD J. MANISTER, ESQ. Attorneys for Defendant 34 South Broadway, Suite 407 White Plains, New York 10601 (914) 437-8020 TO: LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 8 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------X Index No.: 614334/2023 BRENDAN PUDERBACH, Plaintiff, -against- DEMAND FOR A VERIFIED BILL OF CHEN XIAOCHANG, PARTICULARS Defendant. _________________________________________________________________Ç COUNSELOR(S): PLEASE TAKE NOTICE, that pursuant to CPLR §3041, R3042, R3043 and §3044, within thirty (30) days from the date hereof, you are required to serve upon the undersigned a Verified Bill of Particulars setting forth: 1. a statement of each and every injury alleged to have been sustained as a result of the occurrence described in the complaint; 2. a description of those injuries which are claimed to be permanent; 3. the length of time confined: (a) to a hospital, (b) to bed, (c) to home; 4. with respect to any incapacitation from employment and/or attendance at school: (a) plaintiff s vocation or occupation, (b) the length of time of incapacitation, (c) the name and address of the employer and/or school; 5. the total amounts claimed as special damages for: (a) hospital expenses, physicians' (b) services. nurses' (c) services. (d) medical supplies, (e) loss of earnings, (f) other (specify); 2 9 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 6. the names and addresses of each hospital, medical facility, physician or other provider of medical care for the injuries sustained; 7. the date of birth, present address and Social Security Number of each plaintiff; 8. with respect to any decedent: (a) the names, addresses and ages of all dependents, and the nature of the dependency; (b) an itemized list of funeral expenses; 9. the name and address of the insurance carrier providing first party benefits to each person" plaintiff claimed to be a "covered as defined in Insurance Law §5102; 10. in what respect it will be claimed that each injured plaintiff sustained a serious injury or economic loss greater than basic economic loss as defined in Insurance Law §5 102; 1 1. the date and approximate time of day of the occurrence; 12. the location of the occurrence stating the names of the intersecting streets if at an intersection, the name of the street, the name of the nearest intersecting street and the distance therefrom; 13. the direction in which each vehicle, motorcycle bicycle, pedestrian, etc., was proceeding immediately before the occurrence; 14. each and every act or omission constituting the negligence claimed on the part of the persons and/or entities mentioned in the complaint; 15. each and every act or omission constituting the negligence claimed on the part of these answering defendants; 16. each and every statute, ordinance, rule and regulation which is claimed to have been violated. 3 10 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 Dated: White Plains, New York December 4, 2023 Yours, etc., COLLINS, FIT TRICK & SCHOENE, LLP By: TODD . MANISTER, ESQ. Attorneys for Defendant 34 South Broadway, Suite 407 White Plains, New York 10601 (914) 437-8020 TO: LAW OFFICES OF CHARLES E. FINELLI & ASSOCIATES, PLLC Attorneys for Plaintiff 1406-08 Zerega Avenue Bronx, New York 10462 (718) 822-8020 4 11 of 21 FILED: NASSAU COUNTY CLERK 12/04/2023 04:52 PM INDEX NO. 614334/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------------------------------------------------------------X Index No.: 614334/2023 BRENDANPUDERBACH, Plaintiff, -against- COMBINED DEMAND FOR DISCLOSURE CHEN XIAOCHANG, Defendant. _________________________________________________________________Ç COUNSELORS(S): PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and CPLR 3120, demand is hereby made that you produce and pennit discovery by the undersigned within twenty (20) days after receipt of this demand: Statement All statements, signed or unsigned, written or recorded and transcribed, taken by anyone from any party represented by the undersigned, referable to the occurrence which forms the basis for this action. Accident or Incident Reports