Preview
FILED: KINGS COUNTY CLERK 02/19/2024 04:20 PM INDEX NO. 500092/2023
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/19/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NADIYA KOVALYUK,
Index No.: 500092/2023
Plaintiff,
-against- EXPERT WITNESS
DISCLOSURE AS TO
YESHIVA BNOS AHAVAS ISRAEL, INC., ROY G. KULICK, M.D.
YESHIVA BNOS AHAVAS ISRAEL and
TUVIA SCHWARTZ
Defendants.
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PLEASE TAKE NOTICE, that pursuant to §3101(d) of the Civil Practice Law and Ruled
of the State of New York and the Rules of the Court, the undersigned Defendants, intend to call
Roy G. Kulick, M.D., as a medical expert witness in the above captioned matter.
Dr. Kulick is a physician duly licensed to practice in the State of New York as an
Orthopedic Surgeon. Kindly refer to the Curriculum Vitae attached hereto as Exhibit “A”
regarding Dr. Kulick’s qualifications.
A report dated January 25, 2024, containing the findings of Dr. Kulick’s examination
performed of plaintiff, NADIYA KOVALYUK, on January 25, 2024 is attached hereto as Exhibit
“B”. The subject matter, the substance of the facts and opinions and a summary of the grounds
for these opinions about which Dr. Kulick is expected to testify at trial are set forth in and/or shall
be consistent with the aforementioned reports.
Additionally, as a physician in the field of orthopedics, Dr. Kulick may express an opinion
as to the causal relationship or lack thereof, between the incident complained of and the alleged
injury and/or disabilities claimed herein; the lack of permanency and limitation, if any; and the
lack of actual serious or significant injury, if any. Dr. Kulick will base his opinions upon his
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review of plaintiff’s records maintained by the various treating hospitals, clinics, treating centers
and/or any other type of facility including, but not limited to, treatment records from any and all
plaintiff’s treating and/or examining physicians, reports of treatment, nurse’s notes, physician
assistant reports and notes, therapist records and notes, records from any centers of rehabilitative
medicine, records from plaintiff, no-fault and/or disability file records, accident reports, statements
and records from any other relevant source; records from any medical personnel connected with
plaintiff’s pre-accident medical care as it may relate to nature, extent and duration of the conditions
and/or disability alleged in the present action.
Dr. Kulick may also base his opinion on x-rays, CAT scans, MRI films, bone scans and
any other evidence whether or not it includes a contrast agent; laboratory tests and test results,
materials taken from plaintiff in the form of tissue, bones, blood, etc.; pathology reports and the
significance thereof; reports of attending and/or assisting physicians and medical personnel;
evidence of medications taken, prescribed, refused or otherwise not taken and the significance and
consequences thereof, if any; records and notes of rehabilitation centers or other post-incident
rehabilitative measures undertaken or not undertaken by the plaintiff and the significance or lack
of significance thereof; any and all other documents, films, samples, models, reports, notes,
records, photographs, testimony or anything else which may be introduced into evidence at the
time of trial of this action normally relied upon by medical practitioners in the treatment, diagnosis,
prognosis, or to form any opinion with respect to any medical condition. Dr. Kulick may also
base his opinions on his education, training and extensive experience in the field of orthopedic
surgery and medicine and is expected to answer hypothetical questions based upon the evidence
admitted to at trial. The preceding shall apply without limitation and in the same manner regarding
psychologists, social workers, therapists and any others involved in the care, treatment, diagnosis,
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prognosis of any and all physical as well as emotional, psychological and/or psychiatric disorders,
conditions or syndromes.
Dr. Kulick can be expected to comment upon any and all testimony adduced at trial by the
plaintiff and/or their experts.
PLEASE TAKE FURTHER NOTICE, that Defendants hereby reserve their rights to
supplement and/or amend the foregoing response up to and including the time of trial.
Dated: New York, New York
February 14, 2024
Your etc.
GOLDBERG SEGALLA LLP
By:_____________________________
Abraham D. Leybengrub, Esq.
Attorneys for Defendants
YESHIVA BNOS AHAVAS ISRAEL,
INC., YESHIVA BNOS AHAVAS
ISRAEL and TUVIA SCHWARTZ
711 Third Avenue, Suite 1900
New York, NY 10017-4013
(646) 292-8785
aleybengrub@goldbersegalla.com
TO: RICHARD A. BERNSLEY. P.C.
Attorneys for Plaintiff
NADIYA KOVALYUK
76 Boniface Drive, Suite 10
Pine Bush, New York 12566
(845) 744-8818
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FILED: KINGS COUNTY CLERK 02/19/2024 04:20 PM INDEX NO. 500092/2023 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/19/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------X NADIYA KOVALYUK, Index No.: 500092/2023 Plaintiff, -against- EXPERT WITNESS DISCLOSURE AS TO YESHIVA BNOS AHAVAS ISRAEL, INC., ROY G. KULICK, M.D. YESHIVA BNOS AHAVAS ISRAEL and TUVIA SCHWARTZ Defendants. ------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to §3101(d) of the Civil Practice Law and Ruled of the State of New York and the Rules of the Court, the undersigned Defendants, intend to call Roy G. Kulick, M.D., as a medical expert witness in the above captioned matter. Dr. Kulick is a physician duly licensed to practice in the State of New York as an Orthopedic Surgeon. Kindly refer to the Curriculum Vitae attached hereto as Exhibit “A” regarding Dr. Kulick’s qualifications. A report dated January 25, 2024, containing the findings of Dr. Kulick’s examination performed of plaintiff, NADIYA KOVALYUK, on January 25, 2024 is attached hereto as Exhibit “B”. The subject matter, the substance of the facts and opinions and a summary of the grounds for these opinions about which Dr. Kulick is expected to testify at trial are set forth in and/or shall be consistent with the aforementioned reports. Additionally, as a physician in the field of orthopedics, Dr. Kulick may express an opinion as to the causal relationship or lack thereof, between the incident complained of and the alleged injury and/or disabilities claimed herein; the lack of permanency and limitation, if any; and the lack of actual serious or significant injury, if any. Dr. Kulick will base his opinions upon his 39420806.v1 1 of 3 FILED: KINGS COUNTY CLERK 02/19/2024 04:20 PM INDEX NO. 500092/2023 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/19/2024 review of plaintiff’s records maintained by the various treating hospitals, clinics, treating centers and/or any other type of facility including, but not limited to, treatment records from any and all plaintiff’s treating and/or examining physicians, reports of treatment, nurse’s notes, physician assistant reports and notes, therapist records and notes, records from any centers of rehabilitative medicine, records from plaintiff, no-fault and/or disability file records, accident reports, statements and records from any other relevant source; records from any medical personnel connected with plaintiff’s pre-accident medical care as it may relate to nature, extent and duration of the conditions and/or disability alleged in the present action. Dr. Kulick may also base his opinion on x-rays, CAT scans, MRI films, bone scans and any other evidence whether or not it includes a contrast agent; laboratory tests and test results, materials taken from plaintiff in the form of tissue, bones, blood, etc.; pathology reports and the significance thereof; reports of attending and/or assisting physicians and medical personnel; evidence of medications taken, prescribed, refused or otherwise not taken and the significance and consequences thereof, if any; records and notes of rehabilitation centers or other post-incident rehabilitative measures undertaken or not undertaken by the plaintiff and the significance or lack of significance thereof; any and all other documents, films, samples, models, reports, notes, records, photographs, testimony or anything else which may be introduced into evidence at the time of trial of this action normally relied upon by medical practitioners in the treatment, diagnosis, prognosis, or to form any opinion with respect to any medical condition. Dr. Kulick may also base his opinions on his education, training and extensive experience in the field of orthopedic surgery and medicine and is expected to answer hypothetical questions based upon the evidence admitted to at trial. The preceding shall apply without limitation and in the same manner regarding psychologists, social workers, therapists and any others involved in the care, treatment, diagnosis, 39420806.v1 2 of 3 FILED: KINGS COUNTY CLERK 02/19/2024 04:20 PM INDEX NO. 500092/2023 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 02/19/2024 prognosis of any and all physical as well as emotional, psychological and/or psychiatric disorders, conditions or syndromes. Dr. Kulick can be expected to comment upon any and all testimony adduced at trial by the plaintiff and/or their experts. PLEASE TAKE FURTHER NOTICE, that Defendants hereby reserve their rights to supplement and/or amend the foregoing response up to and including the time of trial. Dated: New York, New York February 14, 2024 Your etc. GOLDBERG SEGALLA LLP By:_____________________________ Abraham D. Leybengrub, Esq. Attorneys for Defendants YESHIVA BNOS AHAVAS ISRAEL, INC., YESHIVA BNOS AHAVAS ISRAEL and TUVIA SCHWARTZ 711 Third Avenue, Suite 1900 New York, NY 10017-4013 (646) 292-8785 aleybengrub@goldbersegalla.com TO: RICHARD A. BERNSLEY. P.C. Attorneys for Plaintiff NADIYA KOVALYUK 76 Boniface Drive, Suite 10 Pine Bush, New York 12566 (845) 744-8818 39420806.v1 3 of 3