Preview
iD: NA AU OUN PK DM INDEX NO. 602495/2023
NYSCEF BOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
Exhibit E
INDEX NO. 602495/2023
FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM
NYSCEF DOC. NO. 31 RECEIVED NYSCEF 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wenn een nen nen eee een nee nee
ROY RACHPAUL,
Index No.: 602495/2023
Plaintiff,
COMBINED DEMANDS
-against- FOR DISCOVERY AND
INSPECTION
NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; NEW YORK ARENA PARTNERS,
LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION,
INC.; and ATHLETICA SPORTS SYSTEMS, INC.,
Defendants.
wenn een nen nen eee een nee nee
COUNSELOR:
PLEASE TAKE NOTICE that the undersigned hereby serves the following
Combined Demands for Discovery and Inspection, which are more fully described in the
attachments hereto, upon plaintiff pursuantto CPLR §§ 3101 and 3120 etseq., returnable
at the office of HAWORTH BARBER & GERSTMAN, LLC, 777 Third Avenue, Suite 2104,
New York, New York 10017, within thirty (30) days of service thereof.
1 Names and Addresses of Witnesses;
2 Statement(s) of a Party or Employee of a Party Represented by the
Undersigned;
Photographs, Video, and/or Audio Tapes;
Medical, Hospital and EMS Records, and Employment Records;
Tax Records;
Workers’ Compensation Records;
Union Records;
Incident or Accident Reports;
Demand for Expert Witnesses Pursuantto CPLR § 3101(d);
10 Demand for Collateral Source Payment Information;
1
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
11 Statements and/or Affidavits;
12 Demand for Discovery and Inspection;
13 Notice to Produce;
14 Other Documents;
15 Demand for Preservation and Discovery of the Subject Product; and
16 All Documents Identified in Answer to Interrogatories.
NAMES AND ADDRESSES OF WITNESSES
The undersigned hereby demands, pursuant to Article 31, that you set forth in
writing and under oath the name, address and position of each person claimed by you to
be a witness to any of the following:
(a) The occurrence alleged in the Verified Complaint dated February 10, 2023;
(b) Any acts, omissions and/or conditions which have been alleged as causing
the occurrence alleged in the Verified Complaint;
(c) Any actual notice given to the defendants or claimed to be given to the
defendants as alleged in the Verified Complaint;
(d) The nature and duration of the conditions which caused the occurrence as
alleged in the Verified Complaint;
(e) The names and addresses of any persons having knowledge of the acts,
notice or conditions substantiating any affirmative defenses asserted by
you.
If no such witnesses are known, so state in the sworn reply to this demand. The
undersigned will object upon trial to the testimony of any witnesses not so identified.
2. STATEMENTS OF A PARTY OR EMPLOYEE OF A PARTY REPRESENTED BY
THE UNDERSIGNED
The undersigned hereby demands that you produce, pursuant to CPLR
§ 3101(e), any such statements.
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
3 PHOTOGRAPHS, VIDEO, AND/OR AUDIO TAPES
The undersigned demands, pursuantto CPLR Article 31, that you produce of any
and all photographs, video and/or audio tapes, (color, digital copies if available), in your
possession, taken before and/or after the alleged incident, of the area and/or
instrumentality involved in the occurrence. The undersigned further demands that you
produce any and all photographs, video and/or audio tapes, (color, digital copies if
available), in your possession taken after the alleged incident purporting to document
plaintiff's alleged injuries. If no such photographs and/or videos are in your possession,
custody or control, so state in your sworn reply to this demand.
4. MEDICAL, HOSPITAL AND EMS RECORDS, AND EMPLOYMENT RECORDS
The undersigned demands, pursuantto CPLR Article 31, that you produce copies
of.
Copies of all medical reports and bills of those emergency
responders/facilities, (including, but not limited to: ambulance services, Fire
Department and/or EMS workers, hospitals, clinics, urgent care centers,
physicians, nurses/RN’s, surgeons, dermatologists, therapists,
chiropractors, osteopaths, dentists, emergency medical technicians and/or
other medical personnel) whom have treated or examined plaintiff with
respect to plaintiffs alleged injuries and conditions claimed herein
I Copies of all diagnostic imaging testing performed on plaintiff as a result of
the alleged incident including, but not limited to: x-ray films, CT scan films,
EMGs, NMRs, EEGs, EKGs and MRIs and their corresponding reports;
iii Duly executed authorizations to obtain records of any EMS, FDNY or other
emergency personnel who initially responded to the alleged accident;
Iv. Duly executed authorizations to obtain records of any of the foregoing and
any hospital or any other institution that provided treatment to plaintiff
relating to the condition complained of herein, or any prior or subsequent
condition related to the conditions complained of herein; and
Duly executed and acknowledged written authorizations to obtain office
records, diagnostic test reports, and records of any of the foregoing and
any/all hospital or emergency services, (including, but not limited to:
ambulance services, Fire Department and/or EMS workers, hospitals,
clinics, urgent care centers, physicians, nurses/RN’s, surgeons,
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
dermatologists, therapists, chiropractors, osteopaths, dentists and/or other
medical personnel) or any other institution that provided treatmentto plaintiff
relating to the condition complained of herein, or any prior or subsequent
condition related to the conditions complained of herein;
vi Duly executed and acknowledged written authorizations permitting
defendants to obtain copies of records from pharmacy and surgical supplies
stores for all OTC and prescription drugs, medications, medical supplies
and/or prosthetic/ambulatory devices, and for each and every prosthetic
device worn by plaintiff, if applicable to the alleged injuries complained of
herein, or any prior or subsequent condition related to the conditions
complained of herein
vii. Duly executed and HIPAA-compliant authorizations, to the extent
applicable, for plaintiffs employment records for three years up to and
including the date of the alleged incident.
If there are no medical reports or if there was no medical treatment provided, so
state in the sworn reply to this demand.
5. TAX RECORDS
The undersigned demands, pursuant to CPLR Article 31, that plaintiff produce
copies of plaintiffs’ federal, state and New York City income tax records, for five (5) years
priorto the date of the incident and for all subsequent years up to the present or, if such
records ora portion thereof are unavailable, duly executed authorizations for the release
of these records from the relevant federal, state and New York City taxation authorities.
If income tax reports were not filed for such period or a portion thereof, so state in the
sworn reply to this demand.
6. WORKERS’ COMPENSATION RECORDS
The undersigned demands, pursuantto CPLR, Article 31, that plaintiff provide duly
executed authorizations permitting disclosure of plaintiffs’ Workers’ Compensation
records from both the Workers’ Compensation Board and plaintiff's employer's Workers’
Compensation insurance carriers with respect to any claim filed as a result of the alleged
incident, as well as any previous or subsequent incidents. To the extent plaintiff filed a
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claim while working for an employer other than the employer plaintiff was employed by at
the time of the subject accident, duly executed authorizations for the release of the
plaintiff's records as to that employer's Workers’ Compensation insurance carrier is
demanded as well. Further, it is demanded that plaintiff provide a duly executed
authorization permitting disclosure of plaintiffs non-privileged Workers’ Compensation
legal file from the applicable handling attorney(s).
7 UNION RECORDS
The undersigned demands, pursuantto CPLR, Article 31, that plaintiff provide duly
executed authorizations permitting disclosure of plaintiff's union records for five (5) years
priorto the date of the alleged incidentto present.
8. INCIDENT OR ACCIDENT REPORTS
The undersigned demands, pursuantto CPLR § 3101(g), that plaintiff produce any
written report(s) concerning the alleged incident 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 public or private entity.
9. DEMAND FOR EXPERT WITNESSES PURSUANT TO CPLR § 3101(d)
(i) State the name and address of every expert retained or employed by you
in anticipation of this litigation or preparation for trial whom you expect to
call as a witness at the trial and also state:
(f) The subject matter on which the expert is expected to testify;
(9) The substance of the facts and opinions to which the expert is
expected to testify;
(h) A summary of the grounds for each such opinion;
(i) Attach the copies of all reports and drafts of reports received from
each such expert and from any expert retained by you or your
attorneys and agents;
(j) His or her profession, occupation and field;
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(k) His or her educational background including schools attended, dates
and degrees received by him or her;
(I) The nature of any specialized training in his or her field;
(m) The professional or trade association(s) or societies of which he or
she is or was a member, including offices held;
(n) The books, papers or articles which he or she has published;
(0) The licenses held by him or her to date;
(p) The nature and extent of his or her practice or work in the field for
the last five years;
(q) Each state in which this individual is licensed to practice; and
(r) Whether each named expert will testify as an expert at the trial of this
case.
(ii) With respectto any and all proposed medical expert witnesses, indicate:
(s) The area of expertise;
(t) Educational background, including the names and addresses of
each medical school attended;
(u) The names and addresses of each hospital in which an internship
and residency was served and the dates thereof;
(v) The names and addresses of each hospital in which privileges of
admitting patients is extended, and the nature of the privileges;
(w) The state or states in which this individual is actively engaged in the
practice of medicine;
(x) Societies which each said expert is a member
of and the date of each
membership;
(y) The present board certifications and/or qualifications, if any, and the
dates given to each proposed expert witness;
(z) The subject matter on which each expert is expected to testify,
including each alleged departure from good and accepted medical
practice to which said expert will testify;
(aa) The substance of these facts and opinions to which each expert is
expected to testify, including a summary of his or her grounds for
each opinion.
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(iii) If you expectto call an economistor actuary, state:
(bb) A specific description of the losses for which such calculations will
be made (e.g., present value of the loss of future earnings, present
value of the loss of second job earnings, present value or future
medical expenses, etc.);
(cc) The undiscounted amount
of such loss;
(dd) The present value of the dollar amount of such loss;
(ee) The discount rate applied by such person to determine present value
and the reason for such rate;
(ff) The number of years involved in such discounting process and the
opinions and facts on which the economist bases the determination
of the number of years;
(gg) With regard to testing concerning a growth of future income on an
annual or other basis at a projected rate of income greater than the
income earned by the plaintiff when last employed, state the growth
rate for such income as estimated by such person, the opinion and
facts on which that estimate is based, and specify the publication and
location by the plaintiff;
(hh) 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(s) on which such person bases his or her opinion
or draws the facts on which he or she relied;
(ii) With regard to any information secured from any publication, graph,
chart or study other than as already designated above upon which
the expert relied in reaching his or her conclusions, describe or
designate which publication or matter in writing with sufficient
specificity to permit its identification and location by defendants;
(i) In detail state precisely the manner in which the person reached his
or her conclusions, showing the mathematical calculations involved;
(kk) With regard to any report, memoranda or any other matter in writing
shown 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 of it.
(iv) State the names, addresses and qualifications of all expert witnesses and
other persons known to you to have made studies or analyses as to the
cause of the alleged injuries involved herein.
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If any party does not respond to this request in a timely fashion, the undersigned
will object at trial to the testimony of any such expert.
10. DEMAND FOR COLLATERAL SOURCE PAYMENT INFORMATION
The undersigned demands, pursuantto CPLR Article 31, that you produce:
| The names, addresses and amounts received to date from all
persons, firms or organizations which have reimbursed plaintiff for
the cost of medical care, custodial care, rehabilitation services, loss
of earnings or other economic loss, and other costs including but not
limited to:
(a) Insurance;
(b) Social Security benefits;
(c) Workers’ Compensation benefits
(d) Disability benefits;
(e) Employee benefits program;
(f) Any Other Source.
I Where reimbursement was or is pursuantto an insurance policy of
any type, state the name of the policyholder, the policy number and
the name of the issuer of the policy; a list of claims submitted
pursuant to the policy; and the amount of money received pursuant
to each claim.
iii. Duly executed authorizations directed to all persons, firms or
organizations which have reimbursed plaintiff for costs of medical
care, custodial care, rehabilitation services (including “home care”),
loss of earnings or other economic loss or other costs including
authorizations for plaintiff's Workers’ Compensation files, or to whom
such claims have been submitted, to obtain copies of the policies or
claims which were made, copies of all checks and other indicia of
payment, and copies of any clams submitted for payment.
Iv. Authorizations for any insurance documents and policies produced
in response to this demand shall be for the complete document and
policy including, but not limited to, declaration sheets, riders,
limitations, endorsements, amendments, cancellations, face sheets
and/or binders, etc.
If it is claimed that no such persons, firms or organizations have reimbursed
plaintiff
for such costs, then demand is hereby made that the above-named party set forth
by affidavit such fact.
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
11. STATEMENTS AND/OR AFFIDAVITS
The undersigned demands that you produce the statement(s) and/or affidavit(s) of
any other individuals with knowledge of the facts or happening of the circumstances as
alleged in the Verified Complaint.
12. DEMAND FOR DISCOVERY AND INSPECTION
The undersigned demands, pursuantto CPLR §§ 3101, etseg. and 3120, that you
produce for discovery and inspection at a time and duration mutually agreed upon by the
parties the product(s) involved in the alleged occurrence. The undersigned further
demands that
at the time of such inspection, the product(s), appliance(s), and/or utensil(s)
being utilized by plaintiff at the time of the subject alleged incident be maintained in its
current condition throughout
the course of this litigation, until this litigation is resolved.
PLEASE TAKE NOTICE, the undersigned further demands that you produce for
discovery and inspection the following:
1 Statements of our client.
2 Copies of any and all materials, warranties, booklets, manuals, pamphlets,
advertisements, and purchase receipts pertaining to the subject product(s)
involved herein.
Copies of any and all safety manuals and/or written directions and care
instructions with regard to safety procedures provided to plaintiff priorto the
time of the alleged incident.
Names and addresses of any parties in possession of the subject product(s)
involved herein.
Copies of any bills of sale or receipts referred to directly or indirectly in the
complaintor other pleadings in this action.
NOTICE TO PRODUCE
Identify and attach any receipts, sales orders, purchase orders, and/or
invoices concerning the subject product(s) and place(s) of purchase and/or
any documents referring or relating to any such receipts, sales orders, etc.
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
Identify and attach all documents pertaining to and/or referring to the identity
of the subject product(s) and place(s) of purchase including, but not limited
to documents evidencing the serial number, tag, and any other identifying
marks found on the subject product(s).
Identify and attach all documents relating to any alteration of the subject
product(s) if applicable.
Identify and attach all color photographs and documents relating to any
inspection of the subject product(s).
Identify and attach all maintenance and/or repair records regarding the
subject product(s) and/or any component parts, if applicable.
Identify and attach any and all testing records relating to the design of the
subject product(s) and any component parts.
Identify and attach all manuals, specifications, instructions, directions,
warnings, and/or assembly instructions relating to the subject product(s)
and any component parts, if applicable.
Identify and attach all written warnings given to any partyto this litigation by
any person or entity regarding the use of the subject product(s)s, and/or all
written documents that depict, refer, or relate to said warnings or oral
warnings given to any party to this litigation by any person or entity
regarding the use of the subject product(s).
Attach all documents prepared by plaintiff or plaintiff's representative(s) in
the regular course of business regarding the subject matter of this litigation.
10 Identify and attach all contracts, agreements, notes, memorandums,
purchase orders, invoices, proofs of payment, payment receipts, and/or any
other documents regarding the relationship between any party to this
litigation.
11 Identify and attach all manuals and/or other materials used by plaintiff
regarding anything in connection with the subject product(s)s, including but
not necessarily limited to training regarding any aspect of plaintiff's
interaction with the product, if applicable.
12 Attach all documents which plaintiff contends shows that defendants were
in any way responsible or liable for plaintiff's injuries.
13 Identify and attach all documents relating to any/all of defendants’
involvement with the subject product(s), including proof that the product was
purchased from defendants.
14 Identify all correspondence between any of the defendants and any other
party and/or their representatives.
10
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
15. Identify and attach all other documents supporting the claims you have
asserted in this litigation.
OTHER DOCUMENTS
The undersigned demands, pursuant to Article 31, that all parties produce and/or
allow the undersigned to inspect any physical documents concerning any instrumentality
involved in this action, including, but not limited to, any leases, agreements, work logs,
moving and/or services and any other contracts or subcontracts including, without
limitation, any applicable terms, conditions or other attachments and addenda thereto,
memoranda, terms and conditions, purchase orders, receipts, invoices, proofs of
insurance, vouchers, work orders, change orders, ledgers, accounting, checks,
statements, reports, studies, technical readings, test results, transcripts,
correspondences (sent or received), notes, notes of conversations (typed, audio-
recorded, or written), diagrams, drawings, visual depictions, recordings (whether or not
transcribed), and other such physical objects and things as well as electronic data of
whatever type and from whatever source.
DEMAND FOR PRESERVATION AND DISCOVERY OF THE SUBJ ECT PRODUCT
The undersigned demands that you produce for discovery and inspection ata time
and duration mutually agreed upon by the parties within 45 days hereof, (i) the location
of the alleged occurrence; and (ii) the product involved in the alleged occurrence, along
with all components, instrumentalities and/or former components and/or instrumentalities
involved. The undersigned further demands that the subject product and all
components thereof be maintained in their current condition throughout
the course
of this litigation, until it is resolved under penalty of sanction for spoliation of
evidence.
11
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
ALL DOCUMENTS IDENTIFIED IN ANSWER TO INTERROGATORIES
The undersigned demands that you provide all documents described or otherwise
mentioned in response to defendant’s Interrogatories, as well as in response to any
further Interrogatories served during the course of this litigation.
PLEASE TAKE FURTHER NOTICE that these demands are continuing, and that
if any of the above items are obtained after the date of these demands, they are to be
furnished to the undersigned pursuantto these demands.
Dated: New York, New York
June 6, 2023
HAWORTH BARBER & GERSTMAN, LLC
-------
= s=2K. ——-----
ls +--+
Tara Fappiano, Esq.
777 Third Avenue, Suite 2104
New York, New York 10017
Telephone: (212) 952-1100
Facsimile: (212) 952-1110
tara.fappiano@ hbandglaw.com
Attorneys for Defendant
ATHLETICA SPORT SYSTEMS, INC.
TO: All counsel of record via NYSCEF/Email
12
INDEX NO. 602495/2023
FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wenn een nen nen eee een nee nee
ROY RACHPAUL,
Index No.: 602495/2023
Plaintiff,
NOTICE OF PRESERVATION
-against-
NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; NEW YORK ARENA PARTNERS,
LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION,
INC.; and ATHLETICA SPORTS SYSTEMS, INC.,
Defendants.
wenn een nen nen eee een nee nee
COUNSELOR:
PLEASE TAKE NOTICE, that defendant ATHLETICA SPORTS SYSTEMS, INC.,
hereby demand that all remains of the subject product, including but not limited to all
components thereof and/or each and every former component
part thereof be maintained
and not be destroyed, altered or discarded in any manner until the within litigation is
concluded.
PLEASE TAKE FURTHER NOTICE, that defendant demands that they be puton
twenty (20) days notice of any destructive testing of the remains, including but not limited
to the subject product or any present or former component part thereof.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this Notice of
Preservation will resultin a motion to dismiss and/or other sanction based upon spoliation
of evidence.
[The remainder of this page is intentionally left blank.]
INDEX NO. 602495/2023
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF 12/07/2023
Dated: New York, New York
June 6, 2023
HAWORTH BARBER & GERSTMAN, LLC
----+..— its
2+ +--+
Tara Fapp ,
777 Third Aven ue, Suite 2104
New York, New York 10017
Telephone: (212) 952-1100
Facsimile: (212) 952-1110
tara.fappiano@ hbandglaw.com
Attorneys for Defendant
ATHLETICA SPORTS SYSTEMS, INC.
TO: All counsel of record via NYSCEF/Email
INDEX NO. 602495/2023
FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM
NYSCEF DOC. NO. 31 RECEIVED NYSCEF 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wenn een nen nen eee een nee nee
ROY RACHPAUL, Index No.: 602495/2023
Plaintiff, SUPPLEMENTAL NOTICE
TO PRODUCE TO
-against- PLAINTIFF
NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; NEW YORK ARENA PARTNERS,
LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION,
INC.; and ATHLETICA SPORTS SYSTEMS, INC.,
Defendants.
wenn een nen nen eee een nee nee
COUNSELOR:
PLEASE TAKE NOTICE, that the undersigned, counsel for defendant
ATHLETICA SPORTS SYSTEMS, INC., hereby serves the following Supplemental
Notice to Produce upon plaintiff, returnable at the office of HAWORTH BARBER &
GERSTMAN LLC, 777 Third Avenue, Suite 2104, New York, New York 10017, with
twenty (30) days of service thereof, for the following:
1 Printouts or electronic access to wall posts, comments, status updates,
photographs, videos or personal information of whatever kind or sort posted by or made
by plaintiff, or any other individual, on or in connection with plaintiff's Facebook accounts
and/or any other social media website or blog from 3 years prior to the date of the
accident/incident which is the subject of plaintiff's Verified Complaint to present.
2 Identify and provide complete copies of all videos or photographs posted on
YouTube or any other location on the internet from 3 years prior to the date of the
accident/incident which is the subject of plaintiff's Verified Complaint to present.
3 Set forth all user names for all social media websites of which you are a
member and/or have provided content of whatever sort during the 3 years prior to the
1
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NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
date of the accident/incident which is the subject of plaintiff's Verified Complaint to
present.
4 Demand is hereby made that you preserve all wall posts, comments, status
updates, photographs or videos of whatever kind or sort posted by or made by plaintiff,
or any other individual, on or in connection with plaintiff's Facebook accounts and/or any
other social media website or blog or other internet location from 3 years priorto the date
of the accident/incident which is the subject of this lawsuit. Upon failure to so preserve
said evidence, the undersigned will seek any and all available sanctions permitted by law
relating to spoliation of evidence.
PLEASE TAKE FURTHER NOTICE that these demands are continuing demands;
and that if any of the above items are obtained after the date of these demands, they are
to be furnished to the undersigned pursuantto these demands.
Dated: New York, New York
June 6, 2023
HAWORTH BARBER & GERSTMAN, LLC
-----=s25 xo —-------
>= ------
Tara Fappia , Esq.
777 Third Avenue, Suite 2104
New York, New York 10017
Telephone: (212) 952-1100
Facsimile: (212) 952-1110
tara.fappiano@ hbandglaw.com
Attorneys for Defendant
ATHLETICA SPORTS SYSTEMS, INC
TO: All counsel of record via NYSCEF/Email
INDEX NO. 602495/2023
FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wenn een nen nen eee een nee nee
ROY RACHPAUL,
Index No.: 602495/2023
Plaintiff,
DEMAND FOR INFORMATION
-against- REGARDING MEDICARE
BENEFITS OR ELIGIBILITY
NEW YORK STATE URBAN DEVELOPMENT
CORPORATION d/b/a EMPIRE STATE
DEVELOPMENT; NEW YORK ARENA PARTNERS,
LLC; UBS ARENA d/b/a UBS ARENA
FOUNDATION, INC.; and ATHLETICA SPORTS
SYSTEMS, INC.,
Defendants.
wenn een nen nen eee een nee nee
COUNSELOR:
PLEASE TAKE NOTICE that pursuant to CPLR §§ 3101 and 3120, et seq.,
defendants ATHLETICA SPORTS SYSTEMS, INC., by its attorneys, HAWORTH
BARBER & GERSTMAN, LLC, hereby demand that plaintiff ROY RACHPAUL, produce
to the office of the undersigned within twenty (30) days of s
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iD: NA AU OUN PK DM INDEX NO. 602495/2023 NYSCEF BOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 Exhibit E INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wenn een nen nen eee een nee nee ROY RACHPAUL, Index No.: 602495/2023 Plaintiff, COMBINED DEMANDS -against- FOR DISCOVERY AND INSPECTION NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; NEW YORK ARENA PARTNERS, LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC., Defendants. wenn een nen nen eee een nee nee COUNSELOR: PLEASE TAKE NOTICE that the undersigned hereby serves the following Combined Demands for Discovery and Inspection, which are more fully described in the attachments hereto, upon plaintiff pursuantto CPLR §§ 3101 and 3120 etseq., returnable at the office of HAWORTH BARBER & GERSTMAN, LLC, 777 Third Avenue, Suite 2104, New York, New York 10017, within thirty (30) days of service thereof. 1 Names and Addresses of Witnesses; 2 Statement(s) of a Party or Employee of a Party Represented by the Undersigned; Photographs, Video, and/or Audio Tapes; Medical, Hospital and EMS Records, and Employment Records; Tax Records; Workers’ Compensation Records; Union Records; Incident or Accident Reports; Demand for Expert Witnesses Pursuantto CPLR § 3101(d); 10 Demand for Collateral Source Payment Information; 1 INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 11 Statements and/or Affidavits; 12 Demand for Discovery and Inspection; 13 Notice to Produce; 14 Other Documents; 15 Demand for Preservation and Discovery of the Subject Product; and 16 All Documents Identified in Answer to Interrogatories. NAMES AND ADDRESSES OF WITNESSES The undersigned hereby demands, pursuant to Article 31, that you set forth in writing and under oath the name, address and position of each person claimed by you to be a witness to any of the following: (a) The occurrence alleged in the Verified Complaint dated February 10, 2023; (b) Any acts, omissions and/or conditions which have been alleged as causing the occurrence alleged in the Verified Complaint; (c) Any actual notice given to the defendants or claimed to be given to the defendants as alleged in the Verified Complaint; (d) The nature and duration of the conditions which caused the occurrence as alleged in the Verified Complaint; (e) The names and addresses of any persons having knowledge of the acts, notice or conditions substantiating any affirmative defenses asserted by you. If no such witnesses are known, so state in the sworn reply to this demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. 2. STATEMENTS OF A PARTY OR EMPLOYEE OF A PARTY REPRESENTED BY THE UNDERSIGNED The undersigned hereby demands that you produce, pursuant to CPLR § 3101(e), any such statements. INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 3 PHOTOGRAPHS, VIDEO, AND/OR AUDIO TAPES The undersigned demands, pursuantto CPLR Article 31, that you produce of any and all photographs, video and/or audio tapes, (color, digital copies if available), in your possession, taken before and/or after the alleged incident, of the area and/or instrumentality involved in the occurrence. The undersigned further demands that you produce any and all photographs, video and/or audio tapes, (color, digital copies if available), in your possession taken after the alleged incident purporting to document plaintiff's alleged injuries. If no such photographs and/or videos are in your possession, custody or control, so state in your sworn reply to this demand. 4. MEDICAL, HOSPITAL AND EMS RECORDS, AND EMPLOYMENT RECORDS The undersigned demands, pursuantto CPLR Article 31, that you produce copies of. Copies of all medical reports and bills of those emergency responders/facilities, (including, but not limited to: ambulance services, Fire Department and/or EMS workers, hospitals, clinics, urgent care centers, physicians, nurses/RN’s, surgeons, dermatologists, therapists, chiropractors, osteopaths, dentists, emergency medical technicians and/or other medical personnel) whom have treated or examined plaintiff with respect to plaintiffs alleged injuries and conditions claimed herein I Copies of all diagnostic imaging testing performed on plaintiff as a result of the alleged incident including, but not limited to: x-ray films, CT scan films, EMGs, NMRs, EEGs, EKGs and MRIs and their corresponding reports; iii Duly executed authorizations to obtain records of any EMS, FDNY or other emergency personnel who initially responded to the alleged accident; Iv. Duly executed authorizations to obtain records of any of the foregoing and any hospital or any other institution that provided treatment to plaintiff relating to the condition complained of herein, or any prior or subsequent condition related to the conditions complained of herein; and Duly executed and acknowledged written authorizations to obtain office records, diagnostic test reports, and records of any of the foregoing and any/all hospital or emergency services, (including, but not limited to: ambulance services, Fire Department and/or EMS workers, hospitals, clinics, urgent care centers, physicians, nurses/RN’s, surgeons, INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 dermatologists, therapists, chiropractors, osteopaths, dentists and/or other medical personnel) or any other institution that provided treatmentto plaintiff relating to the condition complained of herein, or any prior or subsequent condition related to the conditions complained of herein; vi Duly executed and acknowledged written authorizations permitting defendants to obtain copies of records from pharmacy and surgical supplies stores for all OTC and prescription drugs, medications, medical supplies and/or prosthetic/ambulatory devices, and for each and every prosthetic device worn by plaintiff, if applicable to the alleged injuries complained of herein, or any prior or subsequent condition related to the conditions complained of herein vii. Duly executed and HIPAA-compliant authorizations, to the extent applicable, for plaintiffs employment records for three years up to and including the date of the alleged incident. If there are no medical reports or if there was no medical treatment provided, so state in the sworn reply to this demand. 5. TAX RECORDS The undersigned demands, pursuant to CPLR Article 31, that plaintiff produce copies of plaintiffs’ federal, state and New York City income tax records, for five (5) years priorto the date of the incident and for all subsequent years up to the present or, if such records ora portion thereof are unavailable, duly executed authorizations for the release of these records from the relevant federal, state and New York City taxation authorities. If income tax reports were not filed for such period or a portion thereof, so state in the sworn reply to this demand. 6. WORKERS’ COMPENSATION RECORDS The undersigned demands, pursuantto CPLR, Article 31, that plaintiff provide duly executed authorizations permitting disclosure of plaintiffs’ Workers’ Compensation records from both the Workers’ Compensation Board and plaintiff's employer's Workers’ Compensation insurance carriers with respect to any claim filed as a result of the alleged incident, as well as any previous or subsequent incidents. To the extent plaintiff filed a INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 claim while working for an employer other than the employer plaintiff was employed by at the time of the subject accident, duly executed authorizations for the release of the plaintiff's records as to that employer's Workers’ Compensation insurance carrier is demanded as well. Further, it is demanded that plaintiff provide a duly executed authorization permitting disclosure of plaintiffs non-privileged Workers’ Compensation legal file from the applicable handling attorney(s). 7 UNION RECORDS The undersigned demands, pursuantto CPLR, Article 31, that plaintiff provide duly executed authorizations permitting disclosure of plaintiff's union records for five (5) years priorto the date of the alleged incidentto present. 8. INCIDENT OR ACCIDENT REPORTS The undersigned demands, pursuantto CPLR § 3101(g), that plaintiff produce any written report(s) concerning the alleged incident 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 public or private entity. 9. DEMAND FOR EXPERT WITNESSES PURSUANT TO CPLR § 3101(d) (i) State the name and address of every expert retained or employed by you in anticipation of this litigation or preparation for trial whom you expect to call as a witness at the trial and also state: (f) The subject matter on which the expert is expected to testify; (9) The substance of the facts and opinions to which the expert is expected to testify; (h) A summary of the grounds for each such opinion; (i) Attach the copies of all reports and drafts of reports received from each such expert and from any expert retained by you or your attorneys and agents; (j) His or her profession, occupation and field; INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 (k) His or her educational background including schools attended, dates and degrees received by him or her; (I) The nature of any specialized training in his or her field; (m) The professional or trade association(s) or societies of which he or she is or was a member, including offices held; (n) The books, papers or articles which he or she has published; (0) The licenses held by him or her to date; (p) The nature and extent of his or her practice or work in the field for the last five years; (q) Each state in which this individual is licensed to practice; and (r) Whether each named expert will testify as an expert at the trial of this case. (ii) With respectto any and all proposed medical expert witnesses, indicate: (s) The area of expertise; (t) Educational background, including the names and addresses of each medical school attended; (u) The names and addresses of each hospital in which an internship and residency was served and the dates thereof; (v) The names and addresses of each hospital in which privileges of admitting patients is extended, and the nature of the privileges; (w) The state or states in which this individual is actively engaged in the practice of medicine; (x) Societies which each said expert is a member of and the date of each membership; (y) The present board certifications and/or qualifications, if any, and the dates given to each proposed expert witness; (z) The subject matter on which each expert is expected to testify, including each alleged departure from good and accepted medical practice to which said expert will testify; (aa) The substance of these facts and opinions to which each expert is expected to testify, including a summary of his or her grounds for each opinion. INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 (iii) If you expectto call an economistor actuary, state: (bb) A specific description of the losses for which such calculations will be made (e.g., present value of the loss of future earnings, present value of the loss of second job earnings, present value or future medical expenses, etc.); (cc) The undiscounted amount of such loss; (dd) The present value of the dollar amount of such loss; (ee) The discount rate applied by such person to determine present value and the reason for such rate; (ff) The number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of the number of years; (gg) With regard to testing concerning a growth of future income on an annual or other basis at a projected rate of income greater than the income earned by the plaintiff when last employed, state the growth rate for such income as estimated by such person, the opinion and facts on which that estimate is based, and specify the publication and location by the plaintiff; (hh) 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(s) on which such person bases his or her opinion or draws the facts on which he or she relied; (ii) With regard to any information secured from any publication, graph, chart or study other than as already designated above upon which the expert relied in reaching his or her conclusions, describe or designate which publication or matter in writing with sufficient specificity to permit its identification and location by defendants; (i) In detail state precisely the manner in which the person reached his or her conclusions, showing the mathematical calculations involved; (kk) With regard to any report, memoranda or any other matter in writing shown 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 of it. (iv) State the names, addresses and qualifications of all expert witnesses and other persons known to you to have made studies or analyses as to the cause of the alleged injuries involved herein. INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 If any party does not respond to this request in a timely fashion, the undersigned will object at trial to the testimony of any such expert. 10. DEMAND FOR COLLATERAL SOURCE PAYMENT INFORMATION The undersigned demands, pursuantto CPLR Article 31, that you produce: | The names, addresses and amounts received to date from all persons, firms or organizations which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss, and other costs including but not limited to: (a) Insurance; (b) Social Security benefits; (c) Workers’ Compensation benefits (d) Disability benefits; (e) Employee benefits program; (f) Any Other Source. I Where reimbursement was or is pursuantto an insurance policy of any type, state the name of the policyholder, the policy number and the name of the issuer of the policy; a list of claims submitted pursuant to the policy; and the amount of money received pursuant to each claim. iii. Duly executed authorizations directed to all persons, firms or organizations which have reimbursed plaintiff for costs of medical care, custodial care, rehabilitation services (including “home care”), loss of earnings or other economic loss or other costs including authorizations for plaintiff's Workers’ Compensation files, or to whom such claims have been submitted, to obtain copies of the policies or claims which were made, copies of all checks and other indicia of payment, and copies of any clams submitted for payment. Iv. Authorizations for any insurance documents and policies produced in response to this demand shall be for the complete document and policy including, but not limited to, declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, etc. If it is claimed that no such persons, firms or organizations have reimbursed plaintiff for such costs, then demand is hereby made that the above-named party set forth by affidavit such fact. INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 11. STATEMENTS AND/OR AFFIDAVITS The undersigned demands that you produce the statement(s) and/or affidavit(s) of any other individuals with knowledge of the facts or happening of the circumstances as alleged in the Verified Complaint. 12. DEMAND FOR DISCOVERY AND INSPECTION The undersigned demands, pursuantto CPLR §§ 3101, etseg. and 3120, that you produce for discovery and inspection at a time and duration mutually agreed upon by the parties the product(s) involved in the alleged occurrence. The undersigned further demands that at the time of such inspection, the product(s), appliance(s), and/or utensil(s) being utilized by plaintiff at the time of the subject alleged incident be maintained in its current condition throughout the course of this litigation, until this litigation is resolved. PLEASE TAKE NOTICE, the undersigned further demands that you produce for discovery and inspection the following: 1 Statements of our client. 2 Copies of any and all materials, warranties, booklets, manuals, pamphlets, advertisements, and purchase receipts pertaining to the subject product(s) involved herein. Copies of any and all safety manuals and/or written directions and care instructions with regard to safety procedures provided to plaintiff priorto the time of the alleged incident. Names and addresses of any parties in possession of the subject product(s) involved herein. Copies of any bills of sale or receipts referred to directly or indirectly in the complaintor other pleadings in this action. NOTICE TO PRODUCE Identify and attach any receipts, sales orders, purchase orders, and/or invoices concerning the subject product(s) and place(s) of purchase and/or any documents referring or relating to any such receipts, sales orders, etc. INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 Identify and attach all documents pertaining to and/or referring to the identity of the subject product(s) and place(s) of purchase including, but not limited to documents evidencing the serial number, tag, and any other identifying marks found on the subject product(s). Identify and attach all documents relating to any alteration of the subject product(s) if applicable. Identify and attach all color photographs and documents relating to any inspection of the subject product(s). Identify and attach all maintenance and/or repair records regarding the subject product(s) and/or any component parts, if applicable. Identify and attach any and all testing records relating to the design of the subject product(s) and any component parts. Identify and attach all manuals, specifications, instructions, directions, warnings, and/or assembly instructions relating to the subject product(s) and any component parts, if applicable. Identify and attach all written warnings given to any partyto this litigation by any person or entity regarding the use of the subject product(s)s, and/or all written documents that depict, refer, or relate to said warnings or oral warnings given to any party to this litigation by any person or entity regarding the use of the subject product(s). Attach all documents prepared by plaintiff or plaintiff's representative(s) in the regular course of business regarding the subject matter of this litigation. 10 Identify and attach all contracts, agreements, notes, memorandums, purchase orders, invoices, proofs of payment, payment receipts, and/or any other documents regarding the relationship between any party to this litigation. 11 Identify and attach all manuals and/or other materials used by plaintiff regarding anything in connection with the subject product(s)s, including but not necessarily limited to training regarding any aspect of plaintiff's interaction with the product, if applicable. 12 Attach all documents which plaintiff contends shows that defendants were in any way responsible or liable for plaintiff's injuries. 13 Identify and attach all documents relating to any/all of defendants’ involvement with the subject product(s), including proof that the product was purchased from defendants. 14 Identify all correspondence between any of the defendants and any other party and/or their representatives. 10 INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 15. Identify and attach all other documents supporting the claims you have asserted in this litigation. OTHER DOCUMENTS The undersigned demands, pursuant to Article 31, that all parties produce and/or allow the undersigned to inspect any physical documents concerning any instrumentality involved in this action, including, but not limited to, any leases, agreements, work logs, moving and/or services and any other contracts or subcontracts including, without limitation, any applicable terms, conditions or other attachments and addenda thereto, memoranda, terms and conditions, purchase orders, receipts, invoices, proofs of insurance, vouchers, work orders, change orders, ledgers, accounting, checks, statements, reports, studies, technical readings, test results, transcripts, correspondences (sent or received), notes, notes of conversations (typed, audio- recorded, or written), diagrams, drawings, visual depictions, recordings (whether or not transcribed), and other such physical objects and things as well as electronic data of whatever type and from whatever source. DEMAND FOR PRESERVATION AND DISCOVERY OF THE SUBJ ECT PRODUCT The undersigned demands that you produce for discovery and inspection ata time and duration mutually agreed upon by the parties within 45 days hereof, (i) the location of the alleged occurrence; and (ii) the product involved in the alleged occurrence, along with all components, instrumentalities and/or former components and/or instrumentalities involved. The undersigned further demands that the subject product and all components thereof be maintained in their current condition throughout the course of this litigation, until it is resolved under penalty of sanction for spoliation of evidence. 11 INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 ALL DOCUMENTS IDENTIFIED IN ANSWER TO INTERROGATORIES The undersigned demands that you provide all documents described or otherwise mentioned in response to defendant’s Interrogatories, as well as in response to any further Interrogatories served during the course of this litigation. PLEASE TAKE FURTHER NOTICE that these demands are continuing, and that if any of the above items are obtained after the date of these demands, they are to be furnished to the undersigned pursuantto these demands. Dated: New York, New York June 6, 2023 HAWORTH BARBER & GERSTMAN, LLC ------- = s=2K. ——----- ls +--+ Tara Fappiano, Esq. 777 Third Avenue, Suite 2104 New York, New York 10017 Telephone: (212) 952-1100 Facsimile: (212) 952-1110 tara.fappiano@ hbandglaw.com Attorneys for Defendant ATHLETICA SPORT SYSTEMS, INC. TO: All counsel of record via NYSCEF/Email 12 INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wenn een nen nen eee een nee nee ROY RACHPAUL, Index No.: 602495/2023 Plaintiff, NOTICE OF PRESERVATION -against- NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; NEW YORK ARENA PARTNERS, LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC., Defendants. wenn een nen nen eee een nee nee COUNSELOR: PLEASE TAKE NOTICE, that defendant ATHLETICA SPORTS SYSTEMS, INC., hereby demand that all remains of the subject product, including but not limited to all components thereof and/or each and every former component part thereof be maintained and not be destroyed, altered or discarded in any manner until the within litigation is concluded. PLEASE TAKE FURTHER NOTICE, that defendant demands that they be puton twenty (20) days notice of any destructive testing of the remains, including but not limited to the subject product or any present or former component part thereof. PLEASE TAKE FURTHER NOTICE, that failure to comply with this Notice of Preservation will resultin a motion to dismiss and/or other sanction based upon spoliation of evidence. [The remainder of this page is intentionally left blank.] INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF 12/07/2023 Dated: New York, New York June 6, 2023 HAWORTH BARBER & GERSTMAN, LLC ----+..— its 2+ +--+ Tara Fapp , 777 Third Aven ue, Suite 2104 New York, New York 10017 Telephone: (212) 952-1100 Facsimile: (212) 952-1110 tara.fappiano@ hbandglaw.com Attorneys for Defendant ATHLETICA SPORTS SYSTEMS, INC. TO: All counsel of record via NYSCEF/Email INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wenn een nen nen eee een nee nee ROY RACHPAUL, Index No.: 602495/2023 Plaintiff, SUPPLEMENTAL NOTICE TO PRODUCE TO -against- PLAINTIFF NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; NEW YORK ARENA PARTNERS, LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC., Defendants. wenn een nen nen eee een nee nee COUNSELOR: PLEASE TAKE NOTICE, that the undersigned, counsel for defendant ATHLETICA SPORTS SYSTEMS, INC., hereby serves the following Supplemental Notice to Produce upon plaintiff, returnable at the office of HAWORTH BARBER & GERSTMAN LLC, 777 Third Avenue, Suite 2104, New York, New York 10017, with twenty (30) days of service thereof, for the following: 1 Printouts or electronic access to wall posts, comments, status updates, photographs, videos or personal information of whatever kind or sort posted by or made by plaintiff, or any other individual, on or in connection with plaintiff's Facebook accounts and/or any other social media website or blog from 3 years prior to the date of the accident/incident which is the subject of plaintiff's Verified Complaint to present. 2 Identify and provide complete copies of all videos or photographs posted on YouTube or any other location on the internet from 3 years prior to the date of the accident/incident which is the subject of plaintiff's Verified Complaint to present. 3 Set forth all user names for all social media websites of which you are a member and/or have provided content of whatever sort during the 3 years prior to the 1 INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 date of the accident/incident which is the subject of plaintiff's Verified Complaint to present. 4 Demand is hereby made that you preserve all wall posts, comments, status updates, photographs or videos of whatever kind or sort posted by or made by plaintiff, or any other individual, on or in connection with plaintiff's Facebook accounts and/or any other social media website or blog or other internet location from 3 years priorto the date of the accident/incident which is the subject of this lawsuit. Upon failure to so preserve said evidence, the undersigned will seek any and all available sanctions permitted by law relating to spoliation of evidence. PLEASE TAKE FURTHER NOTICE that these demands are continuing demands; and that if any of the above items are obtained after the date of these demands, they are to be furnished to the undersigned pursuantto these demands. Dated: New York, New York June 6, 2023 HAWORTH BARBER & GERSTMAN, LLC -----=s25 xo —------- >= ------ Tara Fappia , Esq. 777 Third Avenue, Suite 2104 New York, New York 10017 Telephone: (212) 952-1100 Facsimile: (212) 952-1110 tara.fappiano@ hbandglaw.com Attorneys for Defendant ATHLETICA SPORTS SYSTEMS, INC TO: All counsel of record via NYSCEF/Email INDEX NO. 602495/2023 FILED: NASSAU COUNTY CLERK 12707/2023 02:14 PM NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wenn een nen nen eee een nee nee ROY RACHPAUL, Index No.: 602495/2023 Plaintiff, DEMAND FOR INFORMATION -against- REGARDING MEDICARE BENEFITS OR ELIGIBILITY NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT; NEW YORK ARENA PARTNERS, LLC; UBS ARENA d/b/a UBS ARENA FOUNDATION, INC.; and ATHLETICA SPORTS SYSTEMS, INC., Defendants. wenn een nen nen eee een nee nee COUNSELOR: PLEASE TAKE NOTICE that pursuant to CPLR §§ 3101 and 3120, et seq., defendants ATHLETICA SPORTS SYSTEMS, INC., by its attorneys, HAWORTH BARBER & GERSTMAN, LLC, hereby demand that plaintiff ROY RACHPAUL, produce to the office of the undersigned within twenty (30) days of s