Preview
FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
KARLA B. VALLEJO GONZALEZ,
Plaintiff(s),
Index #: 620276/2023
- against -
COMBINED DEMANDS AND
NOTICES
BETH R. BAYER,
Defendant(s).
X
EXAMINATION BEFORE TRIAL
S I R S:
PLEASE TAKE NOTICE, pursuant to Article 31 of the C.P.L.R., the testimony of the
PARTIES, will be taken at:
Place: ZOOM
Date: TO BE DETERMINED AT P.C.
Time: 10:00 A.M.
Regarding all the relevant facts and circumstances in connection with the accident, including negligence,
contributory negligence, liability and damages.
That for the purposes authorized by Article 31 of the Civil Practice Law and Rules, the parties to
be examined are required to produce at such examination all books, records, papers, leases, employment
contracts, training manuals, deeds and written documents pertain ing to the subject matter of the
examination.
DEMAND FOR A VERIFIED
BILL OF PARTICULARS
PLEASE TAKE NOTICE, that pursuant to Section 3041 et seq. of the Civil Practice Laws and Rules, as
against defendant(s), SCOTT YUNG KIM, is/are hereby required on behalf of the plaintiff to serve a
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Verified Bill of Particulars upon the undersigned within twenty days after receipt of this
(20) demand,
setting forth the following:
1. State and particularize in what manner it will be alleged that plaintiff's injuries "...were caused
"
entirely or in part through the culpable conduct attributable to the plaintiff... as set forth in
NEGLIGENCE"
paragraph designated "COMPARATIVE in defendant's verified answer to the
complaint specifying what percentage of comparative negligence will attributed to the passenger
plaintiff.
2. State and particularize in what manner it will be alleged that "...plaintiff's failure to use the
" " BELT"
available seat belts... as set forth in paragraph designated SEAT in defendant's
verified answer to the complaint.
3. State and particularize in what manner it will be alleged that defendant was "...faced with an
"
emergency; a sudden and unanticipated circumstance not o f their own making.... as set forth in
SITUATION"
paragraph designated "EMERGENCY in defendant's verified answer to the
complaint. Emphasis and italics added.
PLEASE TAKE NOTICE that defendant(s) failure to comply with the demand for a verified bill
of particulars of this/these plaintiff(s) within thirty (30) days will serve as the basis of a motion to preclude
the defendant from offering into evidence any of the particulars demanded herein.
DEMAND PURSUANT TO
NEW YORK STATE COMPREHENSIVE
INSURANCE DISCLOSURE ACT
S I R S :
PLEASE TAKE that the undersigned pursuant to CPLR -
NOTICE, demands, 3101(f)(2)
known as New York's Comprehensive Insurance Disclosure Act, the defendants are hereby required to
produce, furnish and permit discovery by Plaintiff(s), his/her attorneys, or someone acting on his/her
the items or documents for inspection within sixty (60) days of this demand at 2:00
behalf, following
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o'clock in the afternoon, at the office of GENE DUENAS, J.D., P.C. 92 Front Street New
Hempstead,
York 11550:
1. All primary, excess and umbrella policies, contracts or agreements issued private or publicly
by
traded stock companies, mutual insurance companies, captive insurance entities, risk retention groups,
reciprocal insurance exchanges, syndicates, including, but no limited to, Lloyd's underwrites as defined in
section six thousand one hundred sixteen of the Insurance Law, surplus line insurers and self-insured
programs sold or delivered within the State of New York applicable to the occurrence complained of in
this action which allow for defense, indemnification, etc. of the defendants herein.
2. A complete copy of any policy, contract or agreement referred to in paragraph on above, including
but no limited to declarations, insuring agreements, conditions, exclusions, endorsements and similar
provisions of any related policy applicable to the occurrence complained of in this action.
3. The contact information, including the telephone number and email address, of any person or
persons responsible for adjusting the claim made to or against any of the defendants in this action,
including third-party administrators and persons within the insuring entity to whom the third-party
administrator is required to report.
4. The amounts available under any policy, contract or agreement to satisfy the judgment which may
be the result of this action, or to reimburse for payments made to satisfy such judgment applicable in this
action.
5. The identification with the caption, venue, index number, docket number or other identifier of any
lawsuit(s) that has/have reduced, eroded or may reduce or erode any policy amount or limits applicable to
the occurrence complained of in this action. In addition, plaintiff requests the dates the lawsuit(s)
was/were filed and the identity and contact information of the attorneys for all represented parties in any
such lawsuit(s).
6. The amount, if any of any payment of attorneys fees that have eroded or reduced the face value of
the with the name and address of who received any such payment.
policy, along any attorney
7. insurance applications which resulted in the issuance of any policies by the foregoing items.
Any
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PLEASE TAKE NOTICE, that under CPLR §3101(f)(2) defendants, third-party defendants or
defendants on any cross-claims or counter-claims are required to, and have an ongoing obligation to make
reasonable efforts to ensure that information disclosed pursuant to this demand remains accurate and
complete and must provide updated information to plaintiff within (30) days of receiving indication
thirty
that any prior disclosure was inaccurate or incomplete.
PLEASE TAKE FURTHER NOTICE, that under CPLR §3101(f)(2), this demand and its
attendant obligations exist during the pendency of the entire litigation herein and continue for sixty (60)
days after any settlement or final judgment, inclusive of all appeals.
PLEASE TAKE FURTHER NOTICE, that under CPLR §3101(f)(2), any response to the
foregoing demands shall be certified by the defendant, third-party defendant or defendant on a cross-claim
and/or counter-claim as well as counsel appearing for any such party, sworn in the form of an affidavit or
affirmation where appropriate stating that the disclosed information is accurate and complete and that
reasonable efforts have been undertaken to ensure same.
PLEASE TAKE FURTHER NOTICE, that under CPLR §3101(f)(2), your response to this
demand is required after sixty (60) days of service of this demand, and if information responsive to same
has been served in this action prior to this demand, any information not exchanged previously must issue
with sixty (60) days thereof.
The above discovery may be complied with by sending true copies of the aforementioned
documents and/or responses to the undersigned on or before the date mentioned above.
DEMAND FOR NAMES AND
ADDRESSES OF WITNESSES
S I R S :
PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to Article 31,
that you set forth in writing and under oath the names and addresses of each person claimed by any party
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you represent to be a witness to any of the following and pursuant to the rule in Zellman v. Metropolitan
Transportation Authority, 40 A.D.2d 248, and Wolken v. E.W. Howell Company, 41 A.D.2d 545.:
(a) The occurrences alleged in the Complaint, pursuant to Zayas v. Morales, 45 A.D.2d
610, 360 N.Y.S.2d 279.
(b) Any acts or conditions which have been alleged as causing the occurrence alleged
in the Complaint;
(c) The nature and duration of the conditions which allegedly caused the occurrence
alleged in the Complaint;
(d) If any such person is named in the preceding subparagraphs is presently in the
employ of any defendant, set forth the name of such person.
(e) Any post-accident statements/admissions made by or on behalf of the defendant(s)
(f) All witnesses who will testify at trial.
If no such witnesses are known to the defendant, so state in a sworn reply to the demand.
The undersigned will object upon trial to the testimony of any witnesses not so identified.
PLEASE TAKE FURTHER NOTICE that the undersigned hereby demands, pursuant to
CPLR 3101(d), with reference to expert witnesses (BOTH MEDICAL AND NON-MEDICAL [economist,
engineering, actuary, biomechanical, accident reconstructionist and/or other experts]):
(a) The name of all expert witnesses each party will call to testify at trial;
(b) The qualifications of each expert in the field he or she will be offered as an expert
witness;
(c) The substance of the facts and opinions on which the expert will be called to testify;
(d) The ground forming the basis for the expert's opinion;
(e) The dates of all reports provided by the expert to the attorney;
(f) Attach a copy of all reports provided by all expert witnesses.
PLEASE TAKE FURTHER NOTICE that the annexed demands are continuing demands
and that if any of the above items are obtained after the date of this demand, they are to be furnished to the
undersigned pursuant to these demands.
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DEMAND FOR PARTY
STATEMENTS
S I R S :
PLEASE TAKE NOTICE that the undersigned hereby demands, that you produce,
pursuant to CPLR 3101(e), any such statements, including:
Any statements taken of plaintiff and/or video or still photos taken of plaintiff which is or may be
considered a statement of plaintiff as to his/her/their physical condition at the scene. Be advised, plaintiff
requires that the video, if known to exist, be provided pri_or to his/her appearance to testify under oath.
PLEASE TAKE FURTHER NOTICE, that the annexed demands are continuing demands and
that if any of the above items are obtained after the date of this demand, they are to be furnished to the
undersigned pursuant to these demands.
PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of each
party represented by him in this action, that pursuant to CPLR 3103(e) and 3120, you produce at the time
and place herein specified and permit the undersigned to discover and inspect and copy each and every
statement, written or recorded, by audio, visual or any other means, made by or taken from each such
party represented by the undersigned and his, her or its agents, servants, or employees now in your
possession, custody or control or in the possession, custody or control of any party you represent in this
action if such statement in any manner bears on the issues in this action to be produced as follows:
Place: Office of GENE DUEGAS, J.D., P.C.
92 Front Street
Hempstead, New York 11550
Date: February 29, 2024
Time: 2:00 P.M.
DEMAND FOR
PHOTOGRAPHS
S I R S:
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PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR
Article 31, that you produce any and all photographs (color stills or traffic camera recordings
duplicates),
of any of the parties involved in this litigation if any, of the plaintiff before, during and after the accident
at the location of the occurrence, or of the instrumentalities involved (if the motor
applicable) vehicle(s)
involved in this accident, both plaintiff's and de fendant's. If no such photographs or videotapes are in
the possession, custody or control of any parties you represent in this action, so state in the sworn reply
to this demand.
NOTICE FOR DISCOVERY
AND INSPECTION
Sir(s)/Madam(s):
Please take notice that pursuant to CPLR §§ 3101 and 3120, the defendant(s) is/are hereby
required to produce, furnish and permit discovery by the plaintiff(s), plaintiff(s)'s attorneys, or
representatives, the following items and/or documents for inspection within 30 days from the date of this
Notice at 10 o'clock in the forenoon at the office of the plaintiff's attorneys:
1. Copy of defendant's MV104 filed with Albany.
2. Provide an itemized statement of all sums of money expended by the defendant to
repair the damage to defendant's motor vehicle sustained in the accident
complained of (the repair invoice). If totaled, so state in an affidavit.
3. If there is any BLACK BOX DATA downloaded and obtained by the defendant,
production of that downloaded material. (Note: Black Box Data is stored in the
vehicle following the dispersal of any airbags in the vehicle). If defendant's air bags
deployed in the subject accident, demand is here made that the black box data be
preserved and an opportunity provided for plaintiff to download the data by an
engineer of our choosing.
4. Copy of any and all the traffic camera recordings of the intersection and any of the
vehicles obtained from AMERICAN TRAFFIC SOLUTIONS, if applicable.
5. Copy of any surveillance video of the accident from the stores within direct of sight
of the premises or location where the accident took place.
6. True copy of any statement of plaintiff herein, pursuant to C.P.L.R. §3101(e).
7. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by
any investigator employed by the Defendant(s) or Defendant(s) representative, even
if made in contemplation of litigation.
8. Any worker's compensation report of the accident by defendant to the W.C. carrier
on behalf of defendant(s), where applicable.
9. Copy of the worker incident report of defendant, if any.
10. All driver logs, accident reports filed in the regular course of business, memoranda,
schedule for the day of the accident, truck inventory, departure and arrival
delivery
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logs, documentation of defendant driver hours driving for the 48 hours preceding
the date and time of the accident, if applicable.
11. Purchase, maintenance and repair records for the defendant vehicle (MVA cases)
for a period of six months prior to the date of accident.
12. Copies of any and all contracts, agreements, leases, bills, work progress reports,
daily logs or work order or any communication exchanged by and between any
party to this action in relation to or in effect on the date of this occurrence.
13. Copies of the any lease agreement between the co-defendants where applicable.
14. If applicable, 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.
15. All documents, papers or evidence to be introduced at trial.
16. If applicable, A co py o f the DRIVER'S LICENSE o f each de fendant driver.
17. The names and last known addresses of any witness to the occurrence herein,
pursuant to ZAYAS V. MORALES, 45 a.d.2D 610, 360, N.Y.S.2d 279.
18. Copy of primary and/or excess insurance policy limits of these Defendant(s).
19. Each and every primary, contributing and excess insurance agreement under which
any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action or to indemnify or reimburse for
payments made to satisfy any such judgment.
20. All Insurance agreements in which the insurer is obligated to defend this action.
21. Copy of the property damage file of defendant's insurance company including
duplicate color photographs, repair invoices, estimates of damage to defendant's
vehicle.
22. SOCIAL MEDIA DEMAND
(1) Duly executed written and acknowledged authorization permitting the
undersigned to have access to and copies of defendant's current and historical
records or information from any social networking sites of which the defendant
is currently a member or has been a member for the date of the accident, August
17, 2017 to present. (See, Romano v. Steelease, Inc., 30 Misc. 3d 426, 907
N.Y.S.2d 650 (Su.Ct., Suffolk Cty. 20100).
(2) The e-mail address used by defendant to register for any of the social
networking sites set forth above.
ID"
(3) The "user maintained by defendant in connection with any of the social
networking sites set forth above.
(4) The full URL maintained by defendant on any social networking site.
(5) The account ID for any instant messaging accounts used by defendant on any
social networking sites.
(6) All relevant electronically st
Preview
FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X KARLA B. VALLEJO GONZALEZ, Plaintiff(s), Index #: 620276/2023 - against - COMBINED DEMANDS AND NOTICES BETH R. BAYER, Defendant(s). X EXAMINATION BEFORE TRIAL S I R S: PLEASE TAKE NOTICE, pursuant to Article 31 of the C.P.L.R., the testimony of the PARTIES, will be taken at: Place: ZOOM Date: TO BE DETERMINED AT P.C. Time: 10:00 A.M. Regarding all the relevant facts and circumstances in connection with the accident, including negligence, contributory negligence, liability and damages. That for the purposes authorized by Article 31 of the Civil Practice Law and Rules, the parties to be examined are required to produce at such examination all books, records, papers, leases, employment contracts, training manuals, deeds and written documents pertain ing to the subject matter of the examination. DEMAND FOR A VERIFIED BILL OF PARTICULARS PLEASE TAKE NOTICE, that pursuant to Section 3041 et seq. of the Civil Practice Laws and Rules, as against defendant(s), SCOTT YUNG KIM, is/are hereby required on behalf of the plaintiff to serve a 1 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 Verified Bill of Particulars upon the undersigned within twenty days after receipt of this (20) demand, setting forth the following: 1. State and particularize in what manner it will be alleged that plaintiff's injuries "...were caused " entirely or in part through the culpable conduct attributable to the plaintiff... as set forth in NEGLIGENCE" paragraph designated "COMPARATIVE in defendant's verified answer to the complaint specifying what percentage of comparative negligence will attributed to the passenger plaintiff. 2. State and particularize in what manner it will be alleged that "...plaintiff's failure to use the " " BELT" available seat belts... as set forth in paragraph designated SEAT in defendant's verified answer to the complaint. 3. State and particularize in what manner it will be alleged that defendant was "...faced with an " emergency; a sudden and unanticipated circumstance not o f their own making.... as set forth in SITUATION" paragraph designated "EMERGENCY in defendant's verified answer to the complaint. Emphasis and italics added. PLEASE TAKE NOTICE that defendant(s) failure to comply with the demand for a verified bill of particulars of this/these plaintiff(s) within thirty (30) days will serve as the basis of a motion to preclude the defendant from offering into evidence any of the particulars demanded herein. DEMAND PURSUANT TO NEW YORK STATE COMPREHENSIVE INSURANCE DISCLOSURE ACT S I R S : PLEASE TAKE that the undersigned pursuant to CPLR - NOTICE, demands, 3101(f)(2) known as New York's Comprehensive Insurance Disclosure Act, the defendants are hereby required to produce, furnish and permit discovery by Plaintiff(s), his/her attorneys, or someone acting on his/her the items or documents for inspection within sixty (60) days of this demand at 2:00 behalf, following 2 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 o'clock in the afternoon, at the office of GENE DUENAS, J.D., P.C. 92 Front Street New Hempstead, York 11550: 1. All primary, excess and umbrella policies, contracts or agreements issued private or publicly by traded stock companies, mutual insurance companies, captive insurance entities, risk retention groups, reciprocal insurance exchanges, syndicates, including, but no limited to, Lloyd's underwrites as defined in section six thousand one hundred sixteen of the Insurance Law, surplus line insurers and self-insured programs sold or delivered within the State of New York applicable to the occurrence complained of in this action which allow for defense, indemnification, etc. of the defendants herein. 2. A complete copy of any policy, contract or agreement referred to in paragraph on above, including but no limited to declarations, insuring agreements, conditions, exclusions, endorsements and similar provisions of any related policy applicable to the occurrence complained of in this action. 3. The contact information, including the telephone number and email address, of any person or persons responsible for adjusting the claim made to or against any of the defendants in this action, including third-party administrators and persons within the insuring entity to whom the third-party administrator is required to report. 4. The amounts available under any policy, contract or agreement to satisfy the judgment which may be the result of this action, or to reimburse for payments made to satisfy such judgment applicable in this action. 5. The identification with the caption, venue, index number, docket number or other identifier of any lawsuit(s) that has/have reduced, eroded or may reduce or erode any policy amount or limits applicable to the occurrence complained of in this action. In addition, plaintiff requests the dates the lawsuit(s) was/were filed and the identity and contact information of the attorneys for all represented parties in any such lawsuit(s). 6. The amount, if any of any payment of attorneys fees that have eroded or reduced the face value of the with the name and address of who received any such payment. policy, along any attorney 7. insurance applications which resulted in the issuance of any policies by the foregoing items. Any 3 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 PLEASE TAKE NOTICE, that under CPLR §3101(f)(2) defendants, third-party defendants or defendants on any cross-claims or counter-claims are required to, and have an ongoing obligation to make reasonable efforts to ensure that information disclosed pursuant to this demand remains accurate and complete and must provide updated information to plaintiff within (30) days of receiving indication thirty that any prior disclosure was inaccurate or incomplete. PLEASE TAKE FURTHER NOTICE, that under CPLR §3101(f)(2), this demand and its attendant obligations exist during the pendency of the entire litigation herein and continue for sixty (60) days after any settlement or final judgment, inclusive of all appeals. PLEASE TAKE FURTHER NOTICE, that under CPLR §3101(f)(2), any response to the foregoing demands shall be certified by the defendant, third-party defendant or defendant on a cross-claim and/or counter-claim as well as counsel appearing for any such party, sworn in the form of an affidavit or affirmation where appropriate stating that the disclosed information is accurate and complete and that reasonable efforts have been undertaken to ensure same. PLEASE TAKE FURTHER NOTICE, that under CPLR §3101(f)(2), your response to this demand is required after sixty (60) days of service of this demand, and if information responsive to same has been served in this action prior to this demand, any information not exchanged previously must issue with sixty (60) days thereof. The above discovery may be complied with by sending true copies of the aforementioned documents and/or responses to the undersigned on or before the date mentioned above. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES S I R S : PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to Article 31, that you set forth in writing and under oath the names and addresses of each person claimed by any party 4 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 you represent to be a witness to any of the following and pursuant to the rule in Zellman v. Metropolitan Transportation Authority, 40 A.D.2d 248, and Wolken v. E.W. Howell Company, 41 A.D.2d 545.: (a) The occurrences alleged in the Complaint, pursuant to Zayas v. Morales, 45 A.D.2d 610, 360 N.Y.S.2d 279. (b) Any acts or conditions which have been alleged as causing the occurrence alleged in the Complaint; (c) The nature and duration of the conditions which allegedly caused the occurrence alleged in the Complaint; (d) If any such person is named in the preceding subparagraphs is presently in the employ of any defendant, set forth the name of such person. (e) Any post-accident statements/admissions made by or on behalf of the defendant(s) (f) All witnesses who will testify at trial. If no such witnesses are known to the defendant, so state in a sworn reply to the demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. PLEASE TAKE FURTHER NOTICE that the undersigned hereby demands, pursuant to CPLR 3101(d), with reference to expert witnesses (BOTH MEDICAL AND NON-MEDICAL [economist, engineering, actuary, biomechanical, accident reconstructionist and/or other experts]): (a) The name of all expert witnesses each party will call to testify at trial; (b) The qualifications of each expert in the field he or she will be offered as an expert witness; (c) The substance of the facts and opinions on which the expert will be called to testify; (d) The ground forming the basis for the expert's opinion; (e) The dates of all reports provided by the expert to the attorney; (f) Attach a copy of all reports provided by all expert witnesses. PLEASE TAKE FURTHER NOTICE that the annexed demands are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands. 5 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 DEMAND FOR PARTY STATEMENTS S I R S : PLEASE TAKE NOTICE that the undersigned hereby demands, that you produce, pursuant to CPLR 3101(e), any such statements, including: Any statements taken of plaintiff and/or video or still photos taken of plaintiff which is or may be considered a statement of plaintiff as to his/her/their physical condition at the scene. Be advised, plaintiff requires that the video, if known to exist, be provided pri_or to his/her appearance to testify under oath. PLEASE TAKE FURTHER NOTICE, that the annexed demands are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands. PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of each party represented by him in this action, that pursuant to CPLR 3103(e) and 3120, you produce at the time and place herein specified and permit the undersigned to discover and inspect and copy each and every statement, written or recorded, by audio, visual or any other means, made by or taken from each such party represented by the undersigned and his, her or its agents, servants, or employees now in your possession, custody or control or in the possession, custody or control of any party you represent in this action if such statement in any manner bears on the issues in this action to be produced as follows: Place: Office of GENE DUEGAS, J.D., P.C. 92 Front Street Hempstead, New York 11550 Date: February 29, 2024 Time: 2:00 P.M. DEMAND FOR PHOTOGRAPHS S I R S: 6 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 PLEASE TAKE NOTICE, that the undersigned hereby demands pursuant to CPLR Article 31, that you produce any and all photographs (color stills or traffic camera recordings duplicates), of any of the parties involved in this litigation if any, of the plaintiff before, during and after the accident at the location of the occurrence, or of the instrumentalities involved (if the motor applicable) vehicle(s) involved in this accident, both plaintiff's and de fendant's. If no such photographs or videotapes are in the possession, custody or control of any parties you represent in this action, so state in the sworn reply to this demand. NOTICE FOR DISCOVERY AND INSPECTION Sir(s)/Madam(s): Please take notice that pursuant to CPLR §§ 3101 and 3120, the defendant(s) is/are hereby required to produce, furnish and permit discovery by the plaintiff(s), plaintiff(s)'s attorneys, or representatives, the following items and/or documents for inspection within 30 days from the date of this Notice at 10 o'clock in the forenoon at the office of the plaintiff's attorneys: 1. Copy of defendant's MV104 filed with Albany. 2. Provide an itemized statement of all sums of money expended by the defendant to repair the damage to defendant's motor vehicle sustained in the accident complained of (the repair invoice). If totaled, so state in an affidavit. 3. If there is any BLACK BOX DATA downloaded and obtained by the defendant, production of that downloaded material. (Note: Black Box Data is stored in the vehicle following the dispersal of any airbags in the vehicle). If defendant's air bags deployed in the subject accident, demand is here made that the black box data be preserved and an opportunity provided for plaintiff to download the data by an engineer of our choosing. 4. Copy of any and all the traffic camera recordings of the intersection and any of the vehicles obtained from AMERICAN TRAFFIC SOLUTIONS, if applicable. 5. Copy of any surveillance video of the accident from the stores within direct of sight of the premises or location where the accident took place. 6. True copy of any statement of plaintiff herein, pursuant to C.P.L.R. §3101(e). 7. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by the Defendant(s) or Defendant(s) representative, even if made in contemplation of litigation. 8. Any worker's compensation report of the accident by defendant to the W.C. carrier on behalf of defendant(s), where applicable. 9. Copy of the worker incident report of defendant, if any. 10. All driver logs, accident reports filed in the regular course of business, memoranda, schedule for the day of the accident, truck inventory, departure and arrival delivery 7 of 15 FILED: NASSAU COUNTY CLERK 01/29/2024 09:51 AM INDEX NO. 620276/2023 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 01/29/2024 logs, documentation of defendant driver hours driving for the 48 hours preceding the date and time of the accident, if applicable. 11. Purchase, maintenance and repair records for the defendant vehicle (MVA cases) for a period of six months prior to the date of accident. 12. Copies of any and all contracts, agreements, leases, bills, work progress reports, daily logs or work order or any communication exchanged by and between any party to this action in relation to or in effect on the date of this occurrence. 13. Copies of the any lease agreement between the co-defendants where applicable. 14. If applicable, 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. 15. All documents, papers or evidence to be introduced at trial. 16. If applicable, A co py o f the DRIVER'S LICENSE o f each de fendant driver. 17. The names and last known addresses of any witness to the occurrence herein, pursuant to ZAYAS V. MORALES, 45 a.d.2D 610, 360, N.Y.S.2d 279. 18. Copy of primary and/or excess insurance policy limits of these Defendant(s). 19. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any such judgment. 20. All Insurance agreements in which the insurer is obligated to defend this action. 21. Copy of the property damage file of defendant's insurance company including duplicate color photographs, repair invoices, estimates of damage to defendant's vehicle. 22. SOCIAL MEDIA DEMAND (1) Duly executed written and acknowledged authorization permitting the undersigned to have access to and copies of defendant's current and historical records or information from any social networking sites of which the defendant is currently a member or has been a member for the date of the accident, August 17, 2017 to present. (See, Romano v. Steelease, Inc., 30 Misc. 3d 426, 907 N.Y.S.2d 650 (Su.Ct., Suffolk Cty. 20100). (2) The e-mail address used by defendant to register for any of the social networking sites set forth above. ID" (3) The "user maintained by defendant in connection with any of the social networking sites set forth above. (4) The full URL maintained by defendant on any social networking site. (5) The account ID for any instant messaging accounts used by defendant on any social networking sites. (6) All relevant electronically st