On February 29, 2016 a
Motion-Secondary
was filed
involving a dispute between
Juana Abreu Individually,
K--- G--- An Infant Age 14 Years Of Age By Her Mother And Natural Guardian Juana Abreu,
and
569 Llc,
Raseni Beauty Salon Inc.,
for Torts - Other Negligence (fell through floor)
in the District Court of Bronx County.
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FILED: BRONX COUNTY CLERK 08/18/2016 04:22 PM INDEX NO. 21346/2016E
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------X INDEX #: 21346/16E
K.G., an infant age 14 years of age by her
mother and natural guardian, JUANA ABREU
and JUANA ABREU, individually,
Plaintiffs,
-against- RESPONSES TO
DEFENDANT 559
559 LLC and RASENI BEAUTY SALON INC., VARIOUS DEMANDS
FOR DISCOVERY AND
Defendants. AND INSPECTION
------------------------------------------------------------------X
SIRS:
PLEASE TAKE NOTICE, that the following is plaintiffs’ responses to
defendant 559 various demands for discovery and inspection:
RESPONSE TO DEMAND FOR WITNESS
a-b) Other patrons and employees of said salon, whose names are unknown
to plaintiffs.
Antonia Almonte (infant’s grandmother)
Ordaliz Abreu (infant’s aunt)
Plaintiffs reserve their right to supplement this response.
c-d) See responses 16 and 17 of the bill of particulars.
e) N/A.
f) See a-b above.
RESPONSE TO DEMAND FOR REPORTS/TRANSCRIPTS
There are no reports or transcripts of defendants known to plaintiffs.
RESPONSE TO DEMAND FOR ADVERSE PARTY STATEMENTS
There are no statements of defendants known to plaintiffs.
1 of 4
RESPONSE TO DEMAND FOR ADVERSE PARTY STATEMENTS
NOT REDUCED TO WRITING
None known to plaintiffs.
RESPONSE FOR PHOTOGRAPHS
Annexed is google map photo of the premises referred to herein.
RESPONSE TO DEMAND FOR SURVEILLANCE MATERIALS
Video annexed of incident annexed.
RESPONSE TO DEMAND FOR CONTRACT/CONTRACTORS
This information is within the scope and knowledge of the defendants and
presently not known to plaintiff. To be provided upon completion of
discovery, if available.
a-b) N/A.
c) This information is within the scope and knowledge of the defendants
and presently not known to plaintiff. To be provided upon
completion of discovery, if available.
d) N/A.
RESPONSE TO DEMAND FOR ACCIDENT REPORTS
None known to plaintiffs.
RESPONSE TO DEMAND FOR RECORDS AND AUTHORIZATIONS
1. Medical records annexed along with authorizations.
2. There is no aggravation or pre-existing injury related to the injury
herein.
3. Lost earnings: N/A.
4. Wrongful death: N/A.
5. Loss of services: Birth certificate to follow.
2 of 4
6. No fault: N/A.
7. Workers’ Compensation: N/A.
8. Authorization for Medicaid records to follow.
9. See 8 above. Plaintiff is not in receipt of any bills other than taxi bill
incurred (copy annexed).
RESPONSE TO NOTICE OF AUTHORIZATION OF DISCLOSURE OF INFORMATION
Medical authorizations annexed.
RESPONSE TO DEMAND FOR COLALTERAL SOURCE INFORMATION
Repetitive demands.
RESPONSE TO DEMANDFOR DISCLOSURE OF MEDICARE BENEFITS/ELIGIBILITY
N/A.
RESPONSE TO DEMAND FOR DISCLOSURE AS TO MEDICARE/MEDICAID LIEN
None to date. Upon receipt of this information same will be forwarded to
defendants.
RESPONSE TO NOTICE TO PRODUCE
1. Birth certificate to follow.
2-5. N/A.
6. See response to number 1. The remainder of this demand is
improper.
RESPONSE TO DEMAND FOR EXPERT WITNESS
Plaintiffs have to retain an expert.
Plaintiffs reserve their right to supplement this response.
RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF ATTORNEYS
Only the parties herein below mentioned.
RESPONSE TO NOTICE PURSUANT TO CPLR SECTION 3071(c)
3 of 4
$3,500,000.00
Dated:New York, New York
August 18, 2016 Yours, etc.,
ROBERT G. GOODMAN, P.C.
Attorney for Plaintiffs
3 West 35th Street
New York, New York 10001
212 564 8883
To: FIXLER & LAGATTUTA, LLP
Attorneys for 559 LLC
120 Broadway, Ste. 1350
New York, New York 10271
212 785 9800
File No.: 3470.097
cc CRISCI, WEISER & McCARTHY
Attorneys for Defendant, Raseni
17 State Street, 8th Fl.
New York, New York 10004
212 943 8940
Your File No.: 15693191 VPC
Attn: Vincent P. Crisci, Esq.
4 of 4
Document Filed Date
August 18, 2016
Case Filing Date
February 29, 2016
Category
Torts - Other Negligence (fell through floor)
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FILED: BRONX COUNTY CLERK 08/18/2016 04:22 PM INDEX NO. 21346/2016E NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/18/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------X INDEX #: 21346/16E K.G., an infant age 14 years of age by her mother and natural guardian, JUANA ABREU and JUANA ABREU, individually, Plaintiffs, -against- RESPONSES TO DEFENDANT 559 559 LLC and RASENI BEAUTY SALON INC., VARIOUS DEMANDS FOR DISCOVERY AND Defendants. AND INSPECTION ------------------------------------------------------------------X SIRS: PLEASE TAKE NOTICE, that the following is plaintiffs’ responses to defendant 559 various demands for discovery and inspection: RESPONSE TO DEMAND FOR WITNESS a-b) Other patrons and employees of said salon, whose names are unknown to plaintiffs. Antonia Almonte (infant’s grandmother) Ordaliz Abreu (infant’s aunt) Plaintiffs reserve their right to supplement this response. c-d) See responses 16 and 17 of the bill of particulars. e) N/A. f) See a-b above. RESPONSE TO DEMAND FOR REPORTS/TRANSCRIPTS There are no reports or transcripts of defendants known to plaintiffs. RESPONSE TO DEMAND FOR ADVERSE PARTY STATEMENTS There are no statements of defendants known to plaintiffs. 1 of 4 RESPONSE TO DEMAND FOR ADVERSE PARTY STATEMENTS NOT REDUCED TO WRITING None known to plaintiffs. RESPONSE FOR PHOTOGRAPHS Annexed is google map photo of the premises referred to herein. RESPONSE TO DEMAND FOR SURVEILLANCE MATERIALS Video annexed of incident annexed. RESPONSE TO DEMAND FOR CONTRACT/CONTRACTORS This information is within the scope and knowledge of the defendants and presently not known to plaintiff. To be provided upon completion of discovery, if available. a-b) N/A. c) This information is within the scope and knowledge of the defendants and presently not known to plaintiff. To be provided upon completion of discovery, if available. d) N/A. RESPONSE TO DEMAND FOR ACCIDENT REPORTS None known to plaintiffs. RESPONSE TO DEMAND FOR RECORDS AND AUTHORIZATIONS 1. Medical records annexed along with authorizations. 2. There is no aggravation or pre-existing injury related to the injury herein. 3. Lost earnings: N/A. 4. Wrongful death: N/A. 5. Loss of services: Birth certificate to follow. 2 of 4 6. No fault: N/A. 7. Workers’ Compensation: N/A. 8. Authorization for Medicaid records to follow. 9. See 8 above. Plaintiff is not in receipt of any bills other than taxi bill incurred (copy annexed). RESPONSE TO NOTICE OF AUTHORIZATION OF DISCLOSURE OF INFORMATION Medical authorizations annexed. RESPONSE TO DEMAND FOR COLALTERAL SOURCE INFORMATION Repetitive demands. RESPONSE TO DEMANDFOR DISCLOSURE OF MEDICARE BENEFITS/ELIGIBILITY N/A. RESPONSE TO DEMAND FOR DISCLOSURE AS TO MEDICARE/MEDICAID LIEN None to date. Upon receipt of this information same will be forwarded to defendants. RESPONSE TO NOTICE TO PRODUCE 1. Birth certificate to follow. 2-5. N/A. 6. See response to number 1. The remainder of this demand is improper. RESPONSE TO DEMAND FOR EXPERT WITNESS Plaintiffs have to retain an expert. Plaintiffs reserve their right to supplement this response. RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF ATTORNEYS Only the parties herein below mentioned. RESPONSE TO NOTICE PURSUANT TO CPLR SECTION 3071(c) 3 of 4 $3,500,000.00 Dated:New York, New York August 18, 2016 Yours, etc., ROBERT G. GOODMAN, P.C. Attorney for Plaintiffs 3 West 35th Street New York, New York 10001 212 564 8883 To: FIXLER & LAGATTUTA, LLP Attorneys for 559 LLC 120 Broadway, Ste. 1350 New York, New York 10271 212 785 9800 File No.: 3470.097 cc CRISCI, WEISER & McCARTHY Attorneys for Defendant, Raseni 17 State Street, 8th Fl. New York, New York 10004 212 943 8940 Your File No.: 15693191 VPC Attn: Vincent P. Crisci, Esq. 4 of 4