Legal Document: Loretta Bruce v. Rochdale Village, Inc., Summit Property Management Services Inc., Marion Scott Real Estate, Inc.

On September 20, 2023 a DEMAND FOR: - Combined Discovery Demands was filed involving a dispute between Loretta Bruce, and Marion Scott Real Estate, Inc., Rochdale Village, Inc., Summit Property Management Services Inc., for Torts - Other (premises liability) in the District Court of Queens County.

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FILED: QUEENS COUNTY CLERK 12/06/2023 04:03 PM INDEX NO. 719479/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/06/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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LORETTA BRUCE, Index No. 719479/2023

Plaintiff COMBINED DEMANDS
TO PLAINTIFF
-against-

ROCHDALE VILLAGE, INC., SUMMIT PROPERTY
MANAGEMENT SERVICES INC., and
MARION SCOTT REAL ESTATE, INC.,

Defendant.
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SERVED BY: BRODY LAW GROUP, PLLC.
Attorneys for the Defendants,
ROCHDALE VILLAGE, INC., SUMMIT PROPERTY
MANAGEMENT SERVICES INC., and
MARION SCOTT REAL ESTATE, INC.,
535 Eighth Avenue, FL 19
New York, New York 10018
(212) 233-2505

PLEASE TAKE NOTICE that you are hereby required to produce and permit

discovery by the undersigned of the documents and things hereinafter enumerated for inspection

at the office of BRODY LAW GROUP, PLLC. thirty (30) days upon receipt of said demand, at

10:00 o’clock in the forenoon of that day, at which time they will be physically inspected, tested,

copied or mechanically reproduced.

PLEASE TAKE FURTHER NOTICE that production of documents and other

items may be accomplished by forwarding true copies of same to the offices of the undersigned

on or before the aforesaid date, in which case a personal appearance on that date will not be

necessary. If these demands will be complied with by way of a personal appearance, we ask that

you confirm your appearance at least twenty-four (24) hours prior thereto.

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COUNSELORS:

PLEASE TAKE NOTICE, that pursuant to the CPLR and the appropriate Rules of Court,

and case law interpreting discovery and inspection, the undersigned hereby serves upon you the

following demands returnable at the offices of BRODY LAW GROUP, PLLC., 535 8th Avenue,

FL 15, New York, New York 10018.

I. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES:

PLEASE TAKE NOTICE, that demand is hereby made upon you to furnish the

undersigned with a verified statement concerning the names and addresses of any and all persons

known to your client, or to you, as attorney for your client, claimed to have either been an actual

witness to or to have firsthand knowledge with respect to the following:

(A) The occurrence alleged in the Complaint and/or the occurrence which is

the subject matter of the instant litigation; or

(B) Any acts, omissions or conditions which allegedly caused the occurrence

alleged in the Complaint or caused the occurrence which is the subject matter of the instant

litigation; or

any condition which allegedly caused the occurrence alleged in the Complaint or the occurrence

which is the subject matter of the instant litigation; or

(D) The nature and duration of any alleged condition which allegedly caused

the occurrence alleged in the Complaint or the occurrence which is the subject matter of the

instant litigation; or

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(E) Conversations, communications or writings with respect to the

circumstances or events referred to in the Complaint or in any affirmative defense asserted by

any party herein; or

(F) Items of special or general damages asserted by plaintiff(s) in the within

action or with respect to any set off or counterclaim by any defendant or third-party defendant; or

(G) Names and addresses of witnesses who possess vital information which

bears on the liability issues. Hughes v. Elias, 120 A.D.2d 703, 502 N.Y.S.2d 772 (2nd Dept.,

1986).

This demand is made upon you pursuant to the authority of Zellman v.

Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d 255, 1973; Zayas v.

Morales, 45 A.D.2d 610, 350 N.Y.S.2d 1974; Hoffman v. Ro-San Manor, 73 A.D.2d 207, 425

N.Y.S.2d 619.

In the event that no such names or addresses are currently known, then a verified

statement to this effect shall be provided within the above stated time.

PLEASE BE FURTHER ADVISED, that this demand is a continuing one and

that should such information become known in the future, then said names and/or addresses

should be furnished within a reasonable time after acquiring same.

PLEASE BE FURTHER ADVISED, that any attempt to introduce testimony at

the time of trial of any witnesses not disclosed will be objected to or in the alternative, the

undersigned will move this Court for an Order compelling production of said names and/or

addresses.

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II. DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT
OF A PARTY REPRESENTED BY THE UNDERSIGNED

PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands that

you produce, pursuant to CPLR 3101(e), full, true, legible and complete copies of any and all

statements made by, or taken from any of the parties represented by the undersigned, their

servants, agents and/or employees, whether written, oral or recorded (including full, true, legible

and complete copies of transcripts of same), in your possession, custody or control or presently

in the possession or under the control of a party you represent, or your agent, servant, employee

and/or principal.

III. DEMAND FOR ACCIDENT REPORTS

PLEASE TAKE FURTHER NOTICE, that the undersigned demands that you

produce, pursuant to CPLR 3101(g), full, true, legible and complete copies of any report

concerning the accident or occurrence which is the subject matter of this lawsuit prepared in the

regular course of business operations or practices of any person, firm, corporation, association or

other public or private entity. This demand includes all accident reports, whether or not prepared

exclusively in preparation for litigation. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 694

(1981).

IV. DEMAND FOR PHOTOGRAPHS

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to

Article 31 of the CPLR, that you produce and provide copies of any and all photographs, slides,

videotapes or motion pictures in plaintiff(s) custody or control depicting:

(A) The scene of the accident or occurrence;

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(B) The motor vehicle involved (if an auto accident);

(D) The injuries to the plaintiff(s);

(E) Property damage; and

(F) Any defect, condition or substance alleged in the Complaint.

PLEASE TAKE FURTHER NOTICE, that your failure to comply with this

Notice will result in an appropriate application to the Court;

PLEASE TAKE FURTHER NOTICE, that in the event photographs of the scene

of the accident or occurrence are attempted to be introduced at the time of trial without

compliance with this Notice, there will be objections to the introduction of same.

If no such photographs are in the possession, custody or control of any parties you

represent in this action, so state in sworn reply to this demand.

V. DEMAND FOR NAMES AND ADDRESSES OF PARTIES AND
ATTORNEYS

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to

CPLR 3102(a), 2103(e) and 3118, that you provide a list of those attorneys who have appeared in

this action together with their addresses and the name and address of the party for whom such

attorneys have appeared.

VI. DEMAND FOR EXPERT WITNESS DISCLOSURE

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to

CPLR 3101(d), that you set forth the following:

(A) State whether there is any person you expect to call as an expert witness at

the time of trial of this action.

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(B) If the answer to the preceding is in the affirmative, please state in detail as

to each and every such expert person:

(i) His identity;

(ii) His address;

(iii) His field of expertise;

(iv) Any sub-specialties of the witness within his field of expertise;

(v) In reasonable detail, the subject matter on which each and every expert is

expected to testify;

(vi) In reasonable detail, the substance of the facts and opinions to which each

and every expert is expected to testify;

(vii) In reasonable detail, the qualifications of each and every expert witness;

(viii) In reasonable detail, a summary of the grounds for each and every expert’s

opinion;

(xi) Names, dates and publishers of any treatises, books, articles, or essays or

other writings published or unpublished by the expert relating in any way to the subject matter on

which said expert is expected to testify. For each published article and essay, state the title of the

book, journal or other work in which it can be found, the name and address of the publisher and

date of publication;

persons identified in the preceding demands, at any time made an examination analysis,

inspection or test of:

(i) The premises of the area involved in the accident/occurrence;

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(ii) Any other item of real evidence which maybe relevant to determining the

cause of the occurrence of the damages alleged in the Complaint;

(D) If the answer to any of the preceding demands is in the affirmative, for

each such person state:

(i) The determination, if any, as to whether or not the product or item

inspected was manufactured consistent with specifications.

(E) Has the object or product identified in the preceding demands been

destroyed or altered in the course of the examination, analysis, inspection or test performed upon

it?

(F) Did anyone assist the persons identified in the preceding demands in the

performance of the examination, inspection and analysis of tests?

(G) If the answer to any of the preceding demands is in the affirmative:

(i) Identify each person who gave such assistance;

(ii) Describe the type and amount of assistance given;

(iii) State the dates on which such assistance was given;

(H) Did any of the persons identified in any of the preceding demands submit

any reports based upon the test examinations conducted?

(I) If the answer to any of the preceding demands is in the affirmative, state:

(i) A description of each report that was made.

(ii) The date that each report was made.

(iii) Identify the person to whom each report was submitted.

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(iv) Identify the persons who have present custody of each report.

(J) Attach a copy of any reports identified in response to any of the preceding

demands.

PLEASE TAKE FURTHER NOTICE, that upon your failure to respond to this

demand within twenty (20) days, a motion will be made pursuant to CPLR 3101(d) for sanctions

and/or to compel compliance with same.

VII. DEMAND FOR ECONOMIC EXPERT DISCLOSURE

Pursuant to CPLR 310l(d)(l), it is demanded that you respond to the following:

1. If you expect to call an economist or actuary, state:

a. A specific description of the losses for which such calculations will

be made (i.e., present value of the loss of future earnings, present value of loss of second job

earnings, present value of future medical expenses, etc.);

b. The undiscounted amount of such loss;

c. The present value of the dollar amount of such loss;

d. The discount rate applied by such persons to determine present

value and the reason for such rate;

e. The number of years involved in such discounting process and the

opinions and facts on which the economist bases the determination of that number of years;

f. With regard to testing concerning growth of future income on an

annual or other basis at a projected rate of income greater earned by plaintiff when last

employed, state the growth rate for such income as estimated by such person, the opinions and

facts on which that estimate is based, and specify the publication and location by defendants;

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g. Specify each factor other than those which have been noted above,

which the person has used in calculating the net amount of the present value of the loss and

identify specifically the source material and page number on which such person bases his or her

opinion or draws the facts on he relies

h. With regard to any information secured from any text, publication,

graph, chart or study other than as already designated specify such source material and page

numbers;

i. In detail, state precisely the manner in which the person reached

his or her conclusions, showing the mathematical calculations involved; and

j. With regard to any report, memoranda, or any other matter in

writing showing in whole or in part the expert's conclusions or the facts upon which such

conclusions were based, state the date of such writing and the names and addresses of person(s)

having copies.

VIII. DEMAND FOR MEDICALS

PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101 and the

Appellate Division and/or Trial Term Rules and the Uniform Rules for the New York State Trial

Courts, demand is hereby made upon the plaintiff(s) or her attorneys to provide:

(A) The names and addresses of all physicians, osteopaths, chiropractors,

physical therapists, and other licensed medical professionals and other health care providers of

every description who have consulted, examined or treated the plaintiff(s) for each of the

conditions, physical or mental, allegedly caused by, or exacerbated by the occurrence described

in the Complaint, including the date of such treatment or examination.

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(B) Duly executed and acknowledged written authorizations directed to any

hospital, clinic or other health care facility in which the injured plaintiff(s) herein is or was

treated or confined due to the occurrence set forth in the Complaint so as to permit the securing

of a copy of the entire hospital record or records including x-rays and technicians’ reports.

SAID AUTHORIZATIONS MUST COMPLY WITH THE REQUIREMENTS OF

HIPAA.

defendant(s) to obtain the complete office medical records relating to plaintiff(s) of each health

care provider identified in (A) above.

(D) Copies of all medical reports received from health care providers

identified in (A) above. These shall include a detailed recital of the injuries and conditions as to

which testimony will be offered at the trial, referring to and identifying those x-rays and

technicians’ reports which will be offered.

(E) Duly executed and acknowledged written authorizations specifying

prescription number(s) which will allow the defendant(s) to obtain the complete records of all

drugs prescribed for plaintiff(s) for one (1) year prior to the occurrence described in the

Complaint to the present date.

(F) Duly executed and acknowledged written authorizations specifying

prescription number(s) which will allow the defendant(s) to obtain the complete records of all

drugs prescribed for plaintiff(s) for injuries allegedly sustained in the occurrence complained of

in the Complaint.

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(G) Duly executed authorizations with respect to any osteopaths, chiropractors

and/or other licensed medical professionals who have rendered treatment to plaintiff(s) with

respect to any condition pre-existing or preceding the events complained of in the Complaint

involving disease, disability or injury (or, if applicable, prior psychiatric or psychological

disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused

any increase in the sequela of those injuries or conditions allegedly resulting from the events

complained of in the within action.

(H) Duly executed authorizations with respect to any hospitals, clinics or other

similar health care providers which have rendered treatment to plaintiff(s) with respect to any

condition pre-existing or preceding the events complained of in the Complaint involving disease,

disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any

way is alleged to have caused any increase in the sequela of those injuries or conditions allegedly

resulting from the events complained of in the within action.

PLEASE TAKE FURTHER NOTICE, that with respect to Items (A), (B), (C),

(D), (E), (F), (G) and (H), the authorizations to be provided shall state, as well, the approximate

period or periods that such services were rendered or provided.

PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with this

demand, an appropriate motion will be made seeking an Order compelling the production of the

aforesaid and in addition, a motion will be made to preclude the plaintiff(s) upon the trial of the

within action from offering in evidence or testifying as to any of the conditions which are

referred to in said reports, records or examinations demanded herein.

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IX. DEMAND FOR COLLATERAL SOURCES

PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demand that

you produce:

A verified statement setting forth the amounts claimed by the plaintiff(s) for the

cost of:

(A) Medical care;

(B) Dental care;

(D) Rehabilitation services;

(E) Loss of earnings; and

(F) Any other economic loss.

Further, it is demanded that the plaintiff(s) list and identify in a verified statement

and provide duly executed and acknowledged authorizations directed to each and every collateral

source including, but not limited to, insurance, no-fault, social security, disability, workers’

compensation, or employee benefit programs setting forth the names, addresses, and policy

numbers of the providers of such collateral sources as well as the amounts paid and the dates

paid.

PLEASE TAKE FURTHER NOTICE, that submission to the undersigned of duly

executed authorizations and true and conformed certified copies of the items demanded herein at

any time prior to the date set forth for such discovery and inspection will be deemed compliance

with this demand provided it is accompanied by a verified statement as to the accuracy thereof.

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PLEASE TAKE FURTHER NOTICE, that if this notice is not complied with, an

application will be made for the imposition of appropriate sanctions and to compel compliance

with this notice.

X. DEMAND FOR DISCOVERY OF INSURANCE POLICIES

PLEASE TAKE FURTHER NOTICE, that the undersigned demands, pursuant to

CPLR 3101(f), that you produce all policies of insurance, including excess, umbrella and/or

catastrophe insurance, applicable to the within occurrence which may be liable to satisfy part or

all of a judgment which may be entered in the action or to indemnify or reimburse for payments

made to satisfy the judgment.

PLEASE TAKE FURTHER NOTICE, that a copy of the face sheet of the

insurance policy and/or a letter on your stationery or on the insurance carrier’s stationery setting

forth limits of liability will suffice in lieu of production of the insurance agreement above

requested. If any of the insurers who issued the above-referenced policy have disclaimed

coverage, in whole or in part, or are defending under a reservation of rights, please so state and

provide a true copy of said disclaimer of coverage or reservation of rights.

PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the

insurance agreement or a statement as to coverage, a motion may be made for discovery and

inspection and costs may be requested.

PLEASE TAKE FURTHER NOTICE, that the foregoing 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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XI. DEMAND FOR EMPLOYMENT AND INCOME VERIFICATION

PLEASE TAKE FURTHER NOTICE, that if a claim for lost earnings or

diminution of earning capacity is being made, the undersigned demands that you produce the

following:

(A) If the plaintiff(s) was not self-employed, duly executed and acknowledged

original written authorizations directed to the last employer prior to the date of

accident/occurrence and the first employer subsequent to the date of accident/occurrence so as to

permit the securing of plaintiff(s) entire personnel/performance record including records

regarding wages, attendant, original job application and medical records.

(B) If plaintiff(s) was self-employed, it is demanded that the undersigned be

supplied with a properly completed and executed IRS For 4506 authorizing the IRS to release

plaintiff(s) full income tax returns for a period of five (5) years preceding the accident and/or

occurrence in question, and to date.

PLEASE TAKE FURTHER NOTICE, that the foregoing Combined Demand is a

continuing demand. In the event any of the above items are obtained after service of this

demand, or service of a response thereto, they are to be furnished to the undersigned forthwith.

XII. DEMAND FOR VIDEO/ SURVEILLANCE

PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to

CPLR §3101 and 3120(a), you are hereby required to produce and permit discovery, inspection

and copying by the undersigned defendants, or their attorneys acting on their behalf, of any and

all videography and/or surveillance footage taken of plaintiff which accurately reflects the

incident which is the subject of this lawsuit.

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XIII. DEMAND FOR EMPLOYMENT RECORDS, DISABILITY RECORDS
AND WORKERS' COMPENSATION RECORDS

PLEASE TAKE NOTICE, that pursuant to the rules of this Court, the plaintiff is

required to serve upon and deliver to the undersigned, the following:

1. If plaintiff is self-employed or obtains income from sources other than

employment submit copies of plaintiff's income tax returns for a three year period preceding the

date of the accident as set forth in plaintiffs Complaint.

2. If a claim has or will be made pursuant to the terms of Workers'

Compensation law, with respect to each and every application:

a. Set forth the name, address, policy number and claim number to

which a claim has been or will be made, together with the Workers' Compensation Board file

number.

b. Set forth duly executed and acknowledge written HIPAA-

compliant authorizations enabling the undersigned attorneys to obtain examine, inspect,

photocopy plaintiffs entire Workers' Compensation file of both the New York State and the

employer's Workers' Compensation file identified in the response to paragraph "(d)(l)".

c. Set forth a duly executed and acknowledge written HIPAA-

compliant authorization enabling undersigned attorneys to obtain all Workers' Compensation

hearing transcripts of plaintiff. If the plaintiff did not testify before the Workers' Compensation

Board, please indicate so.

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d. Complete the Workers' Compensation Board Claimant's

Authorization to Disclose Workers' Compensation Records form OC-11OA allowing the

undersigned defendants to obtain plaintiff's Workers' Compensation records.

3. If a disability claim has or will be made pursuant to the terms of the Social

Security Laws, with respect to each and every application:

a. Set forth the name, address, policy number assigned.

b. Set forth duly executed and acknowledge written HIPAA-

compliant authorizations enabling undersigned attorneys to obtain the records relating to

plaintiff.

4. Pursuant to CPLR §4545 produce and permit the undersigned attorneys to

inspect and copy the contents of:

a. Each and every collateral source of payment, including but not

limited to, insurance agreements, Social Security, Workers' Compensation or employee benefit

programs, and any other collateral source of payment for past or future costs or expenses alleged

to have been incurred by plaintiff and for which recovery is sought in the instant action, and

b. A written statement setting forth any such collateral sources and

their amounts;

c. Duly executed and acknowledge written HIPAA-compliant

authorizations enabling undersigned attorneys to obtain the records relating to collateral source

information as set forth herein.

5. Duly executed and acknowledge written HIPAA-compliant authorizations

enabling the undersigned attorneys to obtain and copy:

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a. Employment records for three years prior to the date of accident to

present; and

b. Union records for three years prior to the date of accident to

present.

XIV. DISCLOSURE OF IMMIGRANT STATUS OF PLAINTIFF

PLEASE TAKE NOTICE, that under the authority of Balbuena v. IDR Realty,

LLC, 6 N.Y.3d 338, 812 N.Y.S.2d 416 (2006), demand is hereby made that plaintiff duly

execute and return to the offices of the undersigned the G-639 Freedom of Information/Privacy

Act Request with all supporting documentation described in said form for processing.

XV. DEMAND FOR DOCUMENTS AUTHORIZING El\1PLOYMENT

1. If plaintiff is a U.S. citizen by birth, and is claiming lost income (whether

wages, salary, or self-employment income), provide copy of birth certificate or U.S. Passport.

2. If plaintiff is a naturalized U.S. citizen, and is claiming lost income

(whether wages, salary, or self-employment income), provide copy of naturalization papers or

U.S. Passport.

3. If plaintiff is not a U.S. citizen and is claiming loss of earnings:

a. Serve copies of the documents set forth in 8 U.S.C.' 1324a

(b)[l](B), 8 U.S.C. 1 1324a (b)[l](C) and (D), and 8 CFR' 274a.2(b)[v] that were or have been

issued to plaintiff during the subject period. As used in this section, the term subject period

means the date of the accident/incident pleaded in the complaint, continuing to the present.

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XVI. DEMAND FOR SCHOOL RECORDS

Serve upon and deliver to the undersigned a duly executed and acknowledged

written authorization permitting the undersigned to obtain and make copies of all public and

private school records, including attendance records, of plaintiff, identifying the name(s) and

address (es) of each such institution and plaintiffs identification number, if any, and reflecting

plaintiffs performance and any lost time from school.

XVII. DEMAND FOR INCOME TAX RECORDS

PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120(a), the

plaintiff is required to produce and permit discovery, inspection and copying by the undersigned

defendants, or their attorneys acting on their behalf, of the following:

Plaintiffs federal and state tax return forms and W-2 forms for the three years

preceding the accident, up to and including the present time. In the event the plaintiff is not in

possession of this information, it is hereby demanded that plaintiff serve upon and deliver to the

attorneys for the undersigned defendants duly executed and acknowledged written authorizations

permitting said attorneys to obtain and make copies of the above documents.

1. Two clear forms of identification of the plaintiff in order to obtain

plaintiff's tax records from three years preceding the accident, up to and including the present

time.

2. Complete the Internal Revenue form 4506 allowing the undersigned

attorneys to obtain plaintiffs tax records from three years preceding the accident, up to and

including the present time.

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XVIII. DEMAND FOR MEDICAL REPORTS

Copies of the medical reports of those physicians who have examined, treated

and/or been consulted about plaintiff and who will testify at trial on plaintiffs behalf. Said report

shall set out the examining physician's findings, including the conclusions, together with a

statement of the injuries and conditions as to which testimony will be offered at the trial. Said

reports shall also identify those x-rays and/or other films, technicians' and correspondence, etc.

which will be offered at the trial. All reports of earlier examinations must also be forwarded.

XIX. DEMAND FOR LIEN, LOSS TRANSFER AND SUBROGATED
INTEREST INFORMATION

PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the plaintiff is

hereby required to serve upon the office of the undersigned the following documents and

information:

1. State the amount of any purported lien(s) or lawful lien(s) against

plaintiff’s recovery and, if any are known to plaintiff, state the basis for said lien(s), and the date

said lien(s) were established, asserted, filed and/or perfected; and state the names and addresses

of any lienholder(s) or purported lienholder(s) and the lien identification number. Liens

identified should include, but not be limited to, any Medicaid/Medicare liens, Workers

Compensation liens, No Fault liens, Social Security liens, Social Security Disability liens, public

assistance liens, medical provider liens; hospital liens; private medical insurer liens, ERISA

liens; self-funded benefit plan liens, mechanics liens; and any other Federal, City, municipal or

State liens.

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2. Set forth copies of any documents pertaining to any liens established,

asserted, filed and/or perfected.

3. If a copy of any lien is unavailable, please provide a sworn statement

setting forth the name and address of all lien holders, the date, amount and reason for the lien and

the lien identification number.

4. If there are no outstanding liens, please provide an affidavit from plaintiff

to that effect.

5. State whether there are any outstanding loss transfers, statutory right(s) of

recovery(s), or subrogated interests that have been or could be asserted in the future. If none, so

state.

XX DEMAND FOR BANKRUPTCY STATUS

State whether plaintiff has filed a bankruptcy petition subsequent to the date of

incident in this action; and if so, set forth the Bankruptcy Court in which the petition was filed

and the case number, and state whether the claims which gave rise to this action has been listed

as an asset in the schedule of assets relative to the said bankruptcy. Reynolds v. Blue Cross, 210

AD2d 619.

XXI. DEMAND FOR STATEMENT OF DAMAGES
PURSUANT TO CPLR §3017(c)

Demand is hereby made that plaintiff serve upon the undersigned, within 15 days

hereof, a supplemental allegation stating the total damages to which plaintiff deems herself

entitled in this action, pursuant to CPLR §3017(c).

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XXII. DEMAND FOR SOCIAL MEDIA INFORMATION

PLEASE TAKE NOTICE, that pursuant to § 3120 of the CPLR you are hereby

required to furnish to the undersigned authorization to obtain full access to and copies of all

plaintiff’s current and historical Facebook, Twitter, Instagram, and LinkedIn accounts for the

period of (l) year prior to the date of loss, in this matter to the present. See Romano v. Steelcase,

Inc. 2006-2233 (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli v. Westchester, 2007-

19051 (Westchester Sup. Ct., December 22, 2010).

1. Authorizations shall permit the release and complete copies of said

accounts including but not limited to: all records, information, photographs, videos, comments,

messages and posting on Facebook, Twitter, Instagram, and Linkedln accounts.

2. Authorizations shall include the name, username, screen name, friend ID

and E- mail account used in creating each and every Facebook, Twitter, Instagram, and Linkedln

accounts as well as the user's zip code and date of birth.

3. The authorizations shall allow access to the requested records and shall be

directed to the following:

a. Facebook Attn: Security Department 1601 South California

Avenue Palo Alto, CA 94304

b. Twitter, Inc. c/o Trust & Safety 795 Folsom Street, Suite 600 San

Francisco, CA 94107

c. Instagram 181 South Park Street, Suite 2 San Francisco, CA 94107

d. Linkedln Corporation Attn: Legal Department 2029 Stierlin Court

Mountain View, CA 94304

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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 12/06/2023

4. If plaintiff was not a registered user of Facebook, Twitter, Instagram,

and/or Linkedln during the requested time period, defendant hereby demands a statement from

plaintiff, under oath, to that effect.

PLEASE TAKE NOTICE, that upon your failure to comply with the above-

mentioned demands, the undersigned defendants will move this court for those sanctions and

remedies which are deemed appropriate under the laws of New York State.

PLEASE TAKE FURTHER NOTICE, that these are continuing demands and that

if you obtain any of the information demanded herein subsequent to the service of this notice,

then said information is to be furnished to the undersigned defendant whenever obtained

PLEASE TAKE FURTHER NOTICE, that your failure to comply herewith will

result in an application by the undersigned to the Court for the appropriate relief and sanctions

now or at the time of trial herein.

Dated: New York, New York
December 6, 2023

Yours etc.,

BRODY LAW GROUP PLLC.

___________________________________
Scott A. Brody, Esq.
Attorneys for Defendant, ROCHDALE VILLAGE,
INC., SUMMIT PROPERTY MANAGEMENT
SERVICES INC., AND MARION SCOTT REAL
ESTATE, INC
535 8th Ave., Fl 15
New York, New York 10018
(212) 233-2505
Scott.brody@brodylg.com

To: Via NYSCEF
David Resnick, Esq.
DAVID RESNICK & ASSOCIATES, P.C.
Attorneys for Plaintiff
LORETTA BRUCE P.C.

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450 Seventh Avenue,
New York, NY 10123
(212) 279-2000

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FILED: QUEENS COUNTY CLERK 12/06/2023 04:0

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