Preview
FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff,
v.
PETSMART LLC,
Defendant(s).
---------------------------------------------------------------------X
ATTORNEY’S CERTIFICATION
The undersigned certifies that in accordance with Section 130-1.1(a) of the Rules of the
Chief Administrator that the attached documents listed below are not frivolous as defined
in Subsection (c) of Section 130-1.1:
DEMAND FOR VERIFIED BILL OF PARTICULARS
NOTICE TO PRODUCE
EXPERT WITNESS DEMAND
MEDICAL DEMAND
DEMAND FOR DAMAGES
NOTICE TO TAKE DEPOSITION
DEMAND PURSUANT TO SECTION 111 OF THE MMSEA
DEMAND FOR DISABILITY RECORDS
DEMAND FOR PRIOR/SUBSEQUENT CLAIMS/LAWSUITS
DEMAND FOR ECONOMIST/ACTUARY INFORMATION
NOTICE TO PRESERVE SOCIAL NETWORKING RECORDS
DEMAND FOR AUTHORIZATIONS FOR SOCIAL NETWORKING RECORDS
NOTICE FOR IN-PERSON SOCIAL MEDIA INSPECTION
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
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TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, DEMAND FOR A
VERIFIED BILL OF
v. PARTICULARS
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Sections 3041 through 3044 of the Civil
Practice Law and Rules of the State of New York, you are hereby required to serve
upon the undersigned within thirty (30) days a Verified Bill of Particulars pursuant to the
following demand:
1. State the full name for the plaintiff.
2. State the residence current address, date of birth, and Social Security number
for the plaintiff.
3. State the date, weather and approximate time of day of the occurrence
alleged in the plaintiff’s Complaint.
4. State the exact location of the occurrence alleged in the plaintiff’s Complaint.
5 Set forth the names and addresses of all witnesses to the occurrence alleged in
the plaintiff’s Complaint or to the facts and circumstances surrounding said
occurrence known to the plaintiff, plaintiff’s attorney(s) or plaintiff’s
representative(s).
6. State all of the acts and/or omissions constituting the negligence claimed in the
plaintiff’s Complaint, identifying those acts and/or omissions attributable to the
defendant.
7. State any and all laws, rules, regulations, statutes, and/or ordinances that are
claimed to be either applicable to the occurrence alleged in the plaintiff’s
Complaint or that have been violated by the defendant.
8. State whether actual or constructive notice of any defective or dangerous
condition or activity is claimed and if so, set forth the nature and extent of such
condition or activity.
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9. If actual notice is claimed, set forth (a) the date or dates of each notice, (b) the
names of the defendant’ employees, servants and/or agents that said actual
notice was allegedly given on each of the dates listed in (a), (c) by whom the
actual notice was allegedly given on the dates listed in (a), and (d) the
substance of each said notice.
10. If constructive notice is claimed, state the length of time the alleged defective
or dangerous condition or activity existed prior to the happening of the
occurrence alleged in the plaintiff’s Complaint. If the length of time is not
known, so state.
11. State the nature and extent of all injuries claimed by the plaintiff as a result of
the occurrence alleged in the plaintiff’s Complaint.
12. Specify those injuries identified in response to item #11 above that are claimed
by plaintiff to be permanent.
13. If a previous injury, disease, illness or condition is claimed to have been
aggravated, exacerbated, or accelerated, state in detail the nature of each
condition and the name and present address of each doctor, if any, who
rendered treatment for the condition(s).
14. State the length of time the plaintiff was confined to bed or home as a result of
the occurrence alleged in the plaintiff’s Complaint.
15. State the name and address of each and every hospital, clinic and/or medical
facility that rendered treatment to the plaintiff and/or where an examination of
the plaintiff was conducted including the length of time, if any, that plaintiff was
confined to said hospital, clinic and/or medical facility. If plaintiff was not
confined to any hospital, clinic and/or medical facility, so state.
16. If it is claimed that the plaintiff was treated by physician(s) outside of any
hospital, clinic and/or medical facility identified in response to item #15 above,
state (a) the name and address of the physician(s), (b) an approximate number
of visits that the plaintiff made to each physician, and (c) if still being treated,
the name and address of the physician(s) rendering such treatment, including
where and how often the treatment is rendered. If the plaintiff was not treated
by physician(s) outside of any hospital, clinic and/or medical facility, so state.
17. State the nature of the plaintiff’s employment at the time of the occurrence
alleged in the Complaint.
18. State the length of time the plaintiff was incapacitated/disabled from the
employment identified in response to item #17 above. If none, so state.
19. State the nature and/or type of work customarily performed by the plaintiff at
the employment identified in response to item #17 above.
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20. State the name and full address of the plaintiff’s employer(s) at the time of the
occurrence alleged in the plaintiff’s Complaint.
21. If the plaintiff was self-employed at the time of the occurrence alleged in the
plaintiff’s Complaint, state the nature of the self-employment and the business
address used by plaintiff.
22. If the plaintiff was a student at the time of the occurrence alleged in the
plaintiff’s Complaint, state the name and address of the school attended and
the length of time the plaintiff was incapacitated from attending said school.
23. State the total amounts claimed as loss of earnings, including a detailed
statement as to how such lost earnings were computed.
24. State the amounts claimed as special damages for the following:
(a) Physician’s services;
(b) Medical supplies and equipment (including a description of each
supplier);
(c) Therapist and chiropractic services;
(d) Hospital and clinic expenses;
(e) Nurses’ services (other than those included in hospital and clinic expenses
above);
(f) X-rays and diagnostic testing (other than those included in hospital and
clinic expenses above);
(g) Any other expenses that are claimed to have been incurred as a result of
the occurrence alleged in the plaintiff’s Complaint.
25. With respect to the amounts of the special damages set forth in response to
#24, state whether part or all of the physician’s services, medical supplies,
hospital and clinic expenses, nurses’ services, x-rays and diagnostic testing, or
any other expenses claimed to have been incurred as a result of the
occurrence alleged in the plaintiff’s Complaint were replaced or indemnified by
any collateral source, including, but not limited to insurance, Worker’s
Compensation, Social Security, or employee benefit program.
26. If the response to #25 is in the affirmative, set forth (a) the amount of
reimbursement received, (b) the name and address of each organization or
program that the reimbursement was received from, (c) the policy number or
identifying program number, and (d) the effective dates of the policy or
program identified in response to (c).
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27. If the plaintiff has not yet made a claim for reimbursement for economic loss to
any collateral source, but reasonably anticipates making a claim in the future
for said reimbursement, set forth (a) the name and address of the
organization(s) or program(s) to whom such claim(s) will be presented, (b) the
policy number or identifying program number, and (c) the total coverage or
benefits available to
plaintiff.
28. If plaintiff claims that one or more exceptions to the applicability of Article 16 of
the CPLR as enumerated in Section 1602 applies to this action, state the basis of
this claim.
PLEASE TAKE FURTHER NOTICE that if the above demand is not complied with
within thirty (30) days after service of this demand, an application may be made to
preclude the plaintiff from offering any evidence thereof upon the trial of this action
pursuant to the aforementioned rules.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, NOTICE TO PRODUCE
v.
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Sections 3101 et seq. of the Civil Practice Law
and Rules of the State of New York, the undersigned hereby demands that the following be
produced at the offices of RUBINE + CHA, LLC, 201 West Passaic Street, Suite 203, Rochelle
Park, New Jersey 07662 within thirty (30) days of the date of the service of this demand:
1. The names and addresses of all persons claimed by the plaintiff to have
either witnessed the occurrence or have first-hand knowledge of same, or who have first-
hand knowledge of the facts and circumstances regarding this occurrence, whether such
names were obtained by the plaintiff at the scene of the occurrence or were obtained
thereafter by plaintiff’s attorney(s) or representative(s). If no such person(s) are known to
the plaintiff or plaintiff’s attorney(s) or representative(s), so state in a written reply to this
demand. See Zellman v. Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d
255.
2. The names and addresses of all persons the plaintiff claims to be notice
witnesses, whether obtained at the occurrence or any time thereafter, and regardless of
how obtained.
3. The names and addresses of any witnesses plaintiff intends to call to testify
during the damages phase of the trial of this action.
4. The original or a clear, full and complete legible copy of any statement of the
party or parties represented by the undersigned in the possession of the plaintiff, plaintiff’s
attorney(s) or representative(s). Said statements are deemed to include, but are not limited
to, written statements, whether signed or unsigned, and oral statements that have been
recorded, whether or not previously transcribed.
5. Any and all photographs under the control the plaintiff, plaintiff’s attorney(s)
or representative(s) showing or purporting to show (a) the product, device or
instrumentality that allegedly caused the injuries and damages alleged in the Complaint
and any bodily injuries alleged by plaintiff.
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6. A list of attorneys that have appeared in this action, together with the party
or parties each such attorney represents sufficient to permit service of papers upon said
attorneys and/or parties pursuant to CPLR 2103.
7. Duly acknowledged, signed HIPAA compliant authorization(s) directed to the
appropriate party/business/employer of the plaintiff to allow the defendant to obtain the
plaintiff’s employment records compiled for the period from two (2) years prior to the date
of the occurrence alleged in the plaintiff’s Complaint through the present time.
8. If self-employed, federal income tax returns and a duly executed
Department of Treasury, Internal Revenue Service Form 4506, including the plaintiff’s Social
Security number permitting the undersigned to obtain the plaintiff’s federal income tax
returns for three (3) years prior to the occurrence alleged in the plaintiff’s Complaint
through the present time.
9. Duly acknowledged, signed HIPAA compliant authorization directing the
release of all records pertaining to the reimbursement, replacement or indemnification of
the costs of medical care, dental care, custodial care or rehabilitation services, loss of
earnings or other economic loss associated with the occurrence alleged in the plaintiff’s
Complaint.
PLEASE TAKE FURTHER NOTICE that the foregoing is deemed a continuing demand
and any information subsequently obtained must be furnished to the defendant in
accordance with the CPLR. The defendant will object to and/or seek to preclude any
information in response to the requests herein that is not exchanged pursuant to this
demand.
PLEASE TAKE FURTHER NOTICE that a written response enclosing the information in
response to the requests herein may be sent to the undersigned attorneys prior to the
above-stated deadline in lieu of a personal appearance.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
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(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, EXPERT WITNESS
DEMAND
v.
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Section 3101(d) of the Civil Practice Law and
Rules, request is hereby made upon you to furnish the following within thirty (30) days of
service hereof.
1. Name and address of each expert witness that you intend to call to testify at
the time of trial.
2. The substance of the facts and opinions the expert witness identified in
response to item #1 above is expected to testify about.
3. The qualifications of each expert witness identified in response to item #1
above.
4. The summary of the ground(s) of each such expert witness identified in
response to item #1.
PLEASE TAKE FURTHER NOTICE that this demand is continuing and you are required to
respond further in accordance with the CLPR if and when expert(s) or additional expert(s)
are identified and retained.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
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PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, DEMAND FOR
DAMAGES
v.
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that defendant, PETSMART LLC hereby demand that the
plaintiff set forth the nature of and/or exact amount of damages sought pursuant to the
allegations stated in the Complaint against the defendant with specificity as to each
cause of action.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, MEDICAL DEMAND
v.
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to the Section 3101, et seq., including rule 3120 of
the Civil Practice Law and Rules, you are hereby required to serve upon and deliver to the
undersigned the following:
(a) Copies of the medical reports of those physicians or other health providers
that have previously treated, consulted or examined the plaintiff and that will testify on her
behalf for any condition caused by or exacerbated by the occurred alleged in the
Complaint. These shall include, but are not limited to, a detailed recital of the injuries and
conditions as to which testimony will be offered at the trial of this action referring to and
identifying those x-ray and technicians’ reports, which shall be offered at the trial of this
action and the date of each such treatment, consultation, and examination. If the mental
issue of the plaintiff is an issue in this case or if the case involves alleged wrongful death,
copies of all psychiatric records of the injured or deceased party are demanded.
(b) Duly executed and acknowledged written authorizations permitting this party
to obtain and make copies of all hospital or other health care facility records, including x-
rays and technicians’ reports as may be referred to and identified in the reports of that
party’s physicians and other health care providers.
€ Any and all other medical data (including CAT scans, NMIs, EEGs, EKGs,
EMGs, MRIs, and other diagnostic tests) not specifically referred to in response to the
foregoing, but which you will rely upon or for consideration in the proceedings or at trial.
(d) Any and all bills, invoices or receipts for treatment, medications or equipment
given for the injuries or other physical conditions resulting from the occurrence referred to in
the Complaint.
€ Fully executed and acknowledged written authorizations to obtain and copy
No-Fault medical and wage records of the plaintiff from the date of the occurrence
alleged in the Complaint to present setting forth the name, address, claim number and
policy number for each company to which a claim has been made.
(f) Fully executed and acknowledged written authorizations to obtain and copy
Worker’s Compensation records of both the Worker’s Compensation Board and Worker’s
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Compensation carrier of each plaintiff from the date of the occurrence alleged in the
Verified Complaint to the present, setting forth the name, address, claim number and
policy number for each company to which a claim has been made.
(g) Fully executed and acknowledged written authorizations to obtain records of
disability benefits pursuant to Social Security laws for the plaintiff from the date of the
occurrence alleged in the Complaint to the present setting forth the name, address, claim
number and policy number for each company to which as claim has been made.
(h) If a physical examination or testimony was given before any administrative
body, or in any hearing, trial or examination before trial to which this defendant were not
an attending party, involving the alleged occurrence herein and/or injuries complained of,
furnish a full and complete records of any such testimony or physical examination report, or
proper authorization to obtain same, if not yet received.
(i) If a claim for loss of services is involved, supply a copy of the marriage
certificate with regard to any spouse who is a party to the action, and any divorce or
separation decree. If an infant is involved, supply a copy of the infant’s birth certificate,
and fully executed and acknowledged authorizations to obtain school records of the
infant. These authorizations shall allow access to, but shall not be limited to, class
attendance and grades.
(j) Copies of all documents that plaintiff intends to rely upon and/or offer at trial
with respect to plaintiff’s alleged injuries.
(k) Fully executed and acknowledged written authorizations to obtain records
from any and all collateral source providers of medical benefits to plaintiff arising out of the
occurrence stated of in the Complaint other than what has been requested in sections €,
(f), and (g) above.
(l) Fully executed and acknowledged written authorizations for all non-
privileged portions of any legal file pertaining to any lawsuit commenced by plaintiff
regarding prior and/or subsequent injuries sustained to those parts of the body the plaintiff
alleges were injured and/or affected by the occurrence stated in the Complaint. “
PLEASE TAKE FURTHER NOTICE that the foregoing is deemed a continuing demand
and any information subsequently obtained must be furnished to the defendant in
accordance with the CPLR. The defendant will object to and/or seek to preclude any
information in response to the requests herein that is not exchanged pursuant to this
demand.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
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Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON
v. ORAL EXAMINATION
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules,
the testimony upon oral examination of all adverse parties will be taken before a duly
qualified Notary Public of the State of New York, at a location agreed to by all parties on
the 15th day of August, 2023 at 10 o’clock in the forenoon of that day, or at such other
date, time and place as may be agreed to or designated, with respect to facts material
and necessary to the issues of this action. The oral examination will continue from day to
day until completed and you are invited to attend and to cross-examine.
PLEASE TAKE FURTHER NOTICE that testimony will be taken with respect to all relevant
facts and circumstances alleged herein, including, but not limited to, negligence,
contributory negligence, comparative negligence, liability and damages in connection
the occurrence that is the subject of the instant lawsuit.
PLEASE TAKE FURTHER NOTICE that pursuant to Rule 3111 of the Civil Practice Law
and Rules, each party then and there to be examined is required to provide all books,
papers, records, memorandum and other things that is, in any way, relevant to the facts
and circumstances of the instant action that is within the custody, possession, or control of
such party.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
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Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, DEMAND PURSUANT
TO SECTION 111
v. OF MMSEA
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that pursuant to Section 111 of the Medicare, Medicaid &
SCHIP Extension Act (MMSEA) request is hereby made upon you to furnish the following
within thirty (30) days of service hereof:
1. Plaintiff’s Social Security Number.
2. Plaintiff’s Date of Birth.
3. Plaintiff’s current residence and post office address.
4. Is plaintiff a Medicare or Medicaid Beneficiary?
If so, provide the date the plaintiff became eligible for Medicare or Medicaid.
5. If applicable, provide plaintiff’s Medicare/Medicaid Health Insurance Claim
Number (HICN).
PLEASE TAKE FURTHER NOTICE that the foregoing is deemed a continuing demand
and any information subsequently obtained must be furnished to the defendant in
accordance with the CPLR. The defendant will object to and/or seek to preclude any
information in response to the requests herein that is not exchanged pursuant to this
demand.
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
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PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
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SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, DEMAND FOR
DISABILITY RECORDS
v.
PETSMART LLC,
Defendant(s).
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PLEASE TAKE NOTICE that plaintiff is hereby required to furnish to the undersigned,
within (30) days from the date of this demand, if a disability claim has been, or will be,
made by plaintiff, with respect to each and every application and/or claim:
1. Set forth the claim office, address and the claim number assigned.
2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain the copies of the records pertaining the plaintiff.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with this demand, the
plaintiff will be precluded upon the trial of the within action from offering in evidence or
testifying as to any of the reports, records or examinations demanded Dated:
Dated: April 12, 2023
Rochelle Park, New Jersey RUBINE + CHA, LLC
____________________________________
Seth B. Rubine, Esq.
Attorneys for Defendant,
PETSMART LLC
201 West Passaic Street, Suite 203
Rochelle Park, New Jersey 07662
(201) 857-5815
*** New York Office ***
114 Old Country Road, Suite 560
20 of 36
FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023
Mineola, New York 11501
*** Reply to New Jersey Office ***
TO:
Gamaliel B. Delgado, Esq.
MORGAN & MORGAN NY, PLLC
350 Fifth Avenue, Suite 6705
New York, New York 10118
21 of 36
FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
---------------------------------------------------------------------X
SUSAN SULLIVAN, Index No: 56706/2023
Plaintiff, DEMAND FOR
PRIOR/SUBSEQUENT
v. CLAIMS/LAWSUITS
PETSMART LLC,
Defendant(s).
---------------------------------------------------------------------X
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, the undersigned
demands that you produce within twenty (20) days hereof at 10:00 a.m., at the offices of
the undersigned, at 201 West Passaic Street, Suite 203, New Jersey 07662, for the purpose of
discovery the following:
1. Identify by venue, full case caption, index number, and date of loss, all prior
and subsequent personal injury lawsuits instituted by plaintiff.
a. Provide true and accurate copies of all pleadings, bill of particulars, and
plaintiff’s deposition transcript(s) from all prior personal injury lawsuits
instituted by plaintiff.
2. Identify all prior and subsequent workers’ compensation claims instituted by
plaintiff, including date(s) of loss, Workers’ Compensation Board file number(s), workers’
compensation carrier name(s) and claim number(s) and whether the same are pending
or closed.
3. Identify all prior and subsequent disability claims instituted by plaintiff
including date(s) of loss, disability carrier claim name(s) and number(s) and whether same
are pending or closed.
4. Identify all prior and subsequent social security disability claims instituted by
Preview
FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, v. PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X ATTORNEY’S CERTIFICATION The undersigned certifies that in accordance with Section 130-1.1(a) of the Rules of the Chief Administrator that the attached documents listed below are not frivolous as defined in Subsection (c) of Section 130-1.1: DEMAND FOR VERIFIED BILL OF PARTICULARS NOTICE TO PRODUCE EXPERT WITNESS DEMAND MEDICAL DEMAND DEMAND FOR DAMAGES NOTICE TO TAKE DEPOSITION DEMAND PURSUANT TO SECTION 111 OF THE MMSEA DEMAND FOR DISABILITY RECORDS DEMAND FOR PRIOR/SUBSEQUENT CLAIMS/LAWSUITS DEMAND FOR ECONOMIST/ACTUARY INFORMATION NOTICE TO PRESERVE SOCIAL NETWORKING RECORDS DEMAND FOR AUTHORIZATIONS FOR SOCIAL NETWORKING RECORDS NOTICE FOR IN-PERSON SOCIAL MEDIA INSPECTION ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 1 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 2 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, DEMAND FOR A VERIFIED BILL OF v. PARTICULARS PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Sections 3041 through 3044 of the Civil Practice Law and Rules of the State of New York, you are hereby required to serve upon the undersigned within thirty (30) days a Verified Bill of Particulars pursuant to the following demand: 1. State the full name for the plaintiff. 2. State the residence current address, date of birth, and Social Security number for the plaintiff. 3. State the date, weather and approximate time of day of the occurrence alleged in the plaintiff’s Complaint. 4. State the exact location of the occurrence alleged in the plaintiff’s Complaint. 5 Set forth the names and addresses of all witnesses to the occurrence alleged in the plaintiff’s Complaint or to the facts and circumstances surrounding said occurrence known to the plaintiff, plaintiff’s attorney(s) or plaintiff’s representative(s). 6. State all of the acts and/or omissions constituting the negligence claimed in the plaintiff’s Complaint, identifying those acts and/or omissions attributable to the defendant. 7. State any and all laws, rules, regulations, statutes, and/or ordinances that are claimed to be either applicable to the occurrence alleged in the plaintiff’s Complaint or that have been violated by the defendant. 8. State whether actual or constructive notice of any defective or dangerous condition or activity is claimed and if so, set forth the nature and extent of such condition or activity. 3 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 9. If actual notice is claimed, set forth (a) the date or dates of each notice, (b) the names of the defendant’ employees, servants and/or agents that said actual notice was allegedly given on each of the dates listed in (a), (c) by whom the actual notice was allegedly given on the dates listed in (a), and (d) the substance of each said notice. 10. If constructive notice is claimed, state the length of time the alleged defective or dangerous condition or activity existed prior to the happening of the occurrence alleged in the plaintiff’s Complaint. If the length of time is not known, so state. 11. State the nature and extent of all injuries claimed by the plaintiff as a result of the occurrence alleged in the plaintiff’s Complaint. 12. Specify those injuries identified in response to item #11 above that are claimed by plaintiff to be permanent. 13. If a previous injury, disease, illness or condition is claimed to have been aggravated, exacerbated, or accelerated, state in detail the nature of each condition and the name and present address of each doctor, if any, who rendered treatment for the condition(s). 14. State the length of time the plaintiff was confined to bed or home as a result of the occurrence alleged in the plaintiff’s Complaint. 15. State the name and address of each and every hospital, clinic and/or medical facility that rendered treatment to the plaintiff and/or where an examination of the plaintiff was conducted including the length of time, if any, that plaintiff was confined to said hospital, clinic and/or medical facility. If plaintiff was not confined to any hospital, clinic and/or medical facility, so state. 16. If it is claimed that the plaintiff was treated by physician(s) outside of any hospital, clinic and/or medical facility identified in response to item #15 above, state (a) the name and address of the physician(s), (b) an approximate number of visits that the plaintiff made to each physician, and (c) if still being treated, the name and address of the physician(s) rendering such treatment, including where and how often the treatment is rendered. If the plaintiff was not treated by physician(s) outside of any hospital, clinic and/or medical facility, so state. 17. State the nature of the plaintiff’s employment at the time of the occurrence alleged in the Complaint. 18. State the length of time the plaintiff was incapacitated/disabled from the employment identified in response to item #17 above. If none, so state. 19. State the nature and/or type of work customarily performed by the plaintiff at the employment identified in response to item #17 above. 4 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 20. State the name and full address of the plaintiff’s employer(s) at the time of the occurrence alleged in the plaintiff’s Complaint. 21. If the plaintiff was self-employed at the time of the occurrence alleged in the plaintiff’s Complaint, state the nature of the self-employment and the business address used by plaintiff. 22. If the plaintiff was a student at the time of the occurrence alleged in the plaintiff’s Complaint, state the name and address of the school attended and the length of time the plaintiff was incapacitated from attending said school. 23. State the total amounts claimed as loss of earnings, including a detailed statement as to how such lost earnings were computed. 24. State the amounts claimed as special damages for the following: (a) Physician’s services; (b) Medical supplies and equipment (including a description of each supplier); (c) Therapist and chiropractic services; (d) Hospital and clinic expenses; (e) Nurses’ services (other than those included in hospital and clinic expenses above); (f) X-rays and diagnostic testing (other than those included in hospital and clinic expenses above); (g) Any other expenses that are claimed to have been incurred as a result of the occurrence alleged in the plaintiff’s Complaint. 25. With respect to the amounts of the special damages set forth in response to #24, state whether part or all of the physician’s services, medical supplies, hospital and clinic expenses, nurses’ services, x-rays and diagnostic testing, or any other expenses claimed to have been incurred as a result of the occurrence alleged in the plaintiff’s Complaint were replaced or indemnified by any collateral source, including, but not limited to insurance, Worker’s Compensation, Social Security, or employee benefit program. 26. If the response to #25 is in the affirmative, set forth (a) the amount of reimbursement received, (b) the name and address of each organization or program that the reimbursement was received from, (c) the policy number or identifying program number, and (d) the effective dates of the policy or program identified in response to (c). 5 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 27. If the plaintiff has not yet made a claim for reimbursement for economic loss to any collateral source, but reasonably anticipates making a claim in the future for said reimbursement, set forth (a) the name and address of the organization(s) or program(s) to whom such claim(s) will be presented, (b) the policy number or identifying program number, and (c) the total coverage or benefits available to plaintiff. 28. If plaintiff claims that one or more exceptions to the applicability of Article 16 of the CPLR as enumerated in Section 1602 applies to this action, state the basis of this claim. PLEASE TAKE FURTHER NOTICE that if the above demand is not complied with within thirty (30) days after service of this demand, an application may be made to preclude the plaintiff from offering any evidence thereof upon the trial of this action pursuant to the aforementioned rules. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 6 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, NOTICE TO PRODUCE v. PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Sections 3101 et seq. of the Civil Practice Law and Rules of the State of New York, the undersigned hereby demands that the following be produced at the offices of RUBINE + CHA, LLC, 201 West Passaic Street, Suite 203, Rochelle Park, New Jersey 07662 within thirty (30) days of the date of the service of this demand: 1. The names and addresses of all persons claimed by the plaintiff to have either witnessed the occurrence or have first-hand knowledge of same, or who have first- hand knowledge of the facts and circumstances regarding this occurrence, whether such names were obtained by the plaintiff at the scene of the occurrence or were obtained thereafter by plaintiff’s attorney(s) or representative(s). If no such person(s) are known to the plaintiff or plaintiff’s attorney(s) or representative(s), so state in a written reply to this demand. See Zellman v. Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d 255. 2. The names and addresses of all persons the plaintiff claims to be notice witnesses, whether obtained at the occurrence or any time thereafter, and regardless of how obtained. 3. The names and addresses of any witnesses plaintiff intends to call to testify during the damages phase of the trial of this action. 4. The original or a clear, full and complete legible copy of any statement of the party or parties represented by the undersigned in the possession of the plaintiff, plaintiff’s attorney(s) or representative(s). Said statements are deemed to include, but are not limited to, written statements, whether signed or unsigned, and oral statements that have been recorded, whether or not previously transcribed. 5. Any and all photographs under the control the plaintiff, plaintiff’s attorney(s) or representative(s) showing or purporting to show (a) the product, device or instrumentality that allegedly caused the injuries and damages alleged in the Complaint and any bodily injuries alleged by plaintiff. 7 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 6. A list of attorneys that have appeared in this action, together with the party or parties each such attorney represents sufficient to permit service of papers upon said attorneys and/or parties pursuant to CPLR 2103. 7. Duly acknowledged, signed HIPAA compliant authorization(s) directed to the appropriate party/business/employer of the plaintiff to allow the defendant to obtain the plaintiff’s employment records compiled for the period from two (2) years prior to the date of the occurrence alleged in the plaintiff’s Complaint through the present time. 8. If self-employed, federal income tax returns and a duly executed Department of Treasury, Internal Revenue Service Form 4506, including the plaintiff’s Social Security number permitting the undersigned to obtain the plaintiff’s federal income tax returns for three (3) years prior to the occurrence alleged in the plaintiff’s Complaint through the present time. 9. Duly acknowledged, signed HIPAA compliant authorization directing the release of all records pertaining to the reimbursement, replacement or indemnification of the costs of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss associated with the occurrence alleged in the plaintiff’s Complaint. PLEASE TAKE FURTHER NOTICE that the foregoing is deemed a continuing demand and any information subsequently obtained must be furnished to the defendant in accordance with the CPLR. The defendant will object to and/or seek to preclude any information in response to the requests herein that is not exchanged pursuant to this demand. PLEASE TAKE FURTHER NOTICE that a written response enclosing the information in response to the requests herein may be sent to the undersigned attorneys prior to the above-stated deadline in lieu of a personal appearance. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 8 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 9 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, EXPERT WITNESS DEMAND v. PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Section 3101(d) of the Civil Practice Law and Rules, request is hereby made upon you to furnish the following within thirty (30) days of service hereof. 1. Name and address of each expert witness that you intend to call to testify at the time of trial. 2. The substance of the facts and opinions the expert witness identified in response to item #1 above is expected to testify about. 3. The qualifications of each expert witness identified in response to item #1 above. 4. The summary of the ground(s) of each such expert witness identified in response to item #1. PLEASE TAKE FURTHER NOTICE that this demand is continuing and you are required to respond further in accordance with the CLPR if and when expert(s) or additional expert(s) are identified and retained. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, 10 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 11 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, DEMAND FOR DAMAGES v. PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that defendant, PETSMART LLC hereby demand that the plaintiff set forth the nature of and/or exact amount of damages sought pursuant to the allegations stated in the Complaint against the defendant with specificity as to each cause of action. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 12 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, MEDICAL DEMAND v. PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to the Section 3101, et seq., including rule 3120 of the Civil Practice Law and Rules, you are hereby required to serve upon and deliver to the undersigned the following: (a) Copies of the medical reports of those physicians or other health providers that have previously treated, consulted or examined the plaintiff and that will testify on her behalf for any condition caused by or exacerbated by the occurred alleged in the Complaint. These shall include, but are not limited to, a detailed recital of the injuries and conditions as to which testimony will be offered at the trial of this action referring to and identifying those x-ray and technicians’ reports, which shall be offered at the trial of this action and the date of each such treatment, consultation, and examination. If the mental issue of the plaintiff is an issue in this case or if the case involves alleged wrongful death, copies of all psychiatric records of the injured or deceased party are demanded. (b) Duly executed and acknowledged written authorizations permitting this party to obtain and make copies of all hospital or other health care facility records, including x- rays and technicians’ reports as may be referred to and identified in the reports of that party’s physicians and other health care providers. € Any and all other medical data (including CAT scans, NMIs, EEGs, EKGs, EMGs, MRIs, and other diagnostic tests) not specifically referred to in response to the foregoing, but which you will rely upon or for consideration in the proceedings or at trial. (d) Any and all bills, invoices or receipts for treatment, medications or equipment given for the injuries or other physical conditions resulting from the occurrence referred to in the Complaint. € Fully executed and acknowledged written authorizations to obtain and copy No-Fault medical and wage records of the plaintiff from the date of the occurrence alleged in the Complaint to present setting forth the name, address, claim number and policy number for each company to which a claim has been made. (f) Fully executed and acknowledged written authorizations to obtain and copy Worker’s Compensation records of both the Worker’s Compensation Board and Worker’s 13 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 Compensation carrier of each plaintiff from the date of the occurrence alleged in the Verified Complaint to the present, setting forth the name, address, claim number and policy number for each company to which a claim has been made. (g) Fully executed and acknowledged written authorizations to obtain records of disability benefits pursuant to Social Security laws for the plaintiff from the date of the occurrence alleged in the Complaint to the present setting forth the name, address, claim number and policy number for each company to which as claim has been made. (h) If a physical examination or testimony was given before any administrative body, or in any hearing, trial or examination before trial to which this defendant were not an attending party, involving the alleged occurrence herein and/or injuries complained of, furnish a full and complete records of any such testimony or physical examination report, or proper authorization to obtain same, if not yet received. (i) If a claim for loss of services is involved, supply a copy of the marriage certificate with regard to any spouse who is a party to the action, and any divorce or separation decree. If an infant is involved, supply a copy of the infant’s birth certificate, and fully executed and acknowledged authorizations to obtain school records of the infant. These authorizations shall allow access to, but shall not be limited to, class attendance and grades. (j) Copies of all documents that plaintiff intends to rely upon and/or offer at trial with respect to plaintiff’s alleged injuries. (k) Fully executed and acknowledged written authorizations to obtain records from any and all collateral source providers of medical benefits to plaintiff arising out of the occurrence stated of in the Complaint other than what has been requested in sections €, (f), and (g) above. (l) Fully executed and acknowledged written authorizations for all non- privileged portions of any legal file pertaining to any lawsuit commenced by plaintiff regarding prior and/or subsequent injuries sustained to those parts of the body the plaintiff alleges were injured and/or affected by the occurrence stated in the Complaint. “ PLEASE TAKE FURTHER NOTICE that the foregoing is deemed a continuing demand and any information subsequently obtained must be furnished to the defendant in accordance with the CPLR. The defendant will object to and/or seek to preclude any information in response to the requests herein that is not exchanged pursuant to this demand. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. 14 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 15 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, NOTICE TO TAKE DEPOSITION UPON v. ORAL EXAMINATION PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony upon oral examination of all adverse parties will be taken before a duly qualified Notary Public of the State of New York, at a location agreed to by all parties on the 15th day of August, 2023 at 10 o’clock in the forenoon of that day, or at such other date, time and place as may be agreed to or designated, with respect to facts material and necessary to the issues of this action. The oral examination will continue from day to day until completed and you are invited to attend and to cross-examine. PLEASE TAKE FURTHER NOTICE that testimony will be taken with respect to all relevant facts and circumstances alleged herein, including, but not limited to, negligence, contributory negligence, comparative negligence, liability and damages in connection the occurrence that is the subject of the instant lawsuit. PLEASE TAKE FURTHER NOTICE that pursuant to Rule 3111 of the Civil Practice Law and Rules, each party then and there to be examined is required to provide all books, papers, records, memorandum and other things that is, in any way, relevant to the facts and circumstances of the instant action that is within the custody, possession, or control of such party. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 16 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 17 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, DEMAND PURSUANT TO SECTION 111 v. OF MMSEA PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Section 111 of the Medicare, Medicaid & SCHIP Extension Act (MMSEA) request is hereby made upon you to furnish the following within thirty (30) days of service hereof: 1. Plaintiff’s Social Security Number. 2. Plaintiff’s Date of Birth. 3. Plaintiff’s current residence and post office address. 4. Is plaintiff a Medicare or Medicaid Beneficiary? If so, provide the date the plaintiff became eligible for Medicare or Medicaid. 5. If applicable, provide plaintiff’s Medicare/Medicaid Health Insurance Claim Number (HICN). PLEASE TAKE FURTHER NOTICE that the foregoing is deemed a continuing demand and any information subsequently obtained must be furnished to the defendant in accordance with the CPLR. The defendant will object to and/or seek to preclude any information in response to the requests herein that is not exchanged pursuant to this demand. Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, 18 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 19 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, DEMAND FOR DISABILITY RECORDS v. PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that plaintiff is hereby required to furnish to the undersigned, within (30) days from the date of this demand, if a disability claim has been, or will be, made by plaintiff, with respect to each and every application and/or claim: 1. Set forth the claim office, address and the claim number assigned. 2. Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the copies of the records pertaining the plaintiff. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with this demand, the plaintiff will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the reports, records or examinations demanded Dated: Dated: April 12, 2023 Rochelle Park, New Jersey RUBINE + CHA, LLC ____________________________________ Seth B. Rubine, Esq. Attorneys for Defendant, PETSMART LLC 201 West Passaic Street, Suite 203 Rochelle Park, New Jersey 07662 (201) 857-5815 *** New York Office *** 114 Old Country Road, Suite 560 20 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 Mineola, New York 11501 *** Reply to New Jersey Office *** TO: Gamaliel B. Delgado, Esq. MORGAN & MORGAN NY, PLLC 350 Fifth Avenue, Suite 6705 New York, New York 10118 21 of 36 FILED: WESTCHESTER COUNTY CLERK 04/12/2023 05:06 PM INDEX NO. 56706/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ---------------------------------------------------------------------X SUSAN SULLIVAN, Index No: 56706/2023 Plaintiff, DEMAND FOR PRIOR/SUBSEQUENT v. CLAIMS/LAWSUITS PETSMART LLC, Defendant(s). ---------------------------------------------------------------------X PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, the undersigned demands that you produce within twenty (20) days hereof at 10:00 a.m., at the offices of the undersigned, at 201 West Passaic Street, Suite 203, New Jersey 07662, for the purpose of discovery the following: 1. Identify by venue, full case caption, index number, and date of loss, all prior and subsequent personal injury lawsuits instituted by plaintiff. a. Provide true and accurate copies of all pleadings, bill of particulars, and plaintiff’s deposition transcript(s) from all prior personal injury lawsuits instituted by plaintiff. 2. Identify all prior and subsequent workers’ compensation claims instituted by plaintiff, including date(s) of loss, Workers’ Compensation Board file number(s), workers’ compensation carrier name(s) and claim number(s) and whether the same are pending or closed. 3. Identify all prior and subsequent disability claims instituted by plaintiff including date(s) of loss, disability carrier claim name(s) and number(s) and whether same are pending or closed. 4. Identify all prior and subsequent social security disability claims instituted by