Preview
FILED: NEW YORK COUNTY CLERK 12/07/2016 10:34 AM INDEX NO. 157971/2015
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 12/07/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ELBA SOCORRO MELLA,
Index No.: 157971/2015
Plaintiff,
- against - DEMAND FOR PRIOR LITIGATION
AND MEDICAL MATERIAL
COOGAN’S, ROYAL CHARTER PROPERTIES,
INC., and THE CITY OF NEW YORK,
Defendants.
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PLEASE TAKE NOTICE, that Defendant 600 West 169th Rest. Inc. i/s/h/a
Coogan’s hereby demands that Plaintiff produce the following within 20 days:
1. Executed authorizations permitting Defendant to
obtain the entire non-privileged portion of the legal
file from Plaintiff’s current or former counsel for
each of the following lawsuits:
• Index No. 116859/2009 - Elba Mella v. City of
New York;
• Index No. CV-035490-10/NY Chase Bank USA,
N.A. v. Elba Mella;
• Index No. CV-045585-10/NY Chase Bank USA,
N.A. v. Elba Mella;
• Index No. CV-021668-99/BX Consolidated
Edison v. Elba Mella;
• Index No. CV-203404-00/BX Consolidated
Edison v. Elba Mella; and
• RE-201759-02/BX Consolidated Edison v. Elba
Mella.
2. The name, address and phone number of each
physician, hospital, clinic, radiologist, physical
therapist, pharmacist and mental health professional
1 of 4
that examined Plaintiff, provided any medical or
psychological treatment to Plaintiff, or provided any
medication to Plaintiff as a result of any injury that
arose from Plaintiff’s alleged accident that was the
subject of her lawsuit in Index No. 116859/2009 -
Elba Mella v. City of New York.
3. Full and complete copies of all medical, billing and
pharmaceutical records from each physician,
hospital, clinic, radiologist, physical therapist,
pharmacist and mental health professional that
examined Plaintiff, provided any medical or
psychological treatment to Plaintiff, or provided any
medication to Plaintiff as a result of any injury that
arose from Plaintiff’s alleged accident that was the
subject of her lawsuit in Index No. 116859/2009 -
Elba Mella v. City of New York.
4. Fullly executed, HIPAA-compliant authorizations
permitting Defendant to obtain full and complete
copies of all medical, billing and pharmaceutical
records from each physician, hospital, clinic,
radiologist, physical therapist, pharmacist and
mental health professional that examined Plaintiff,
provided any medical or psychological treatment to
Plaintiff, or provided any medication to Plaintiff as
a result of any injury that arose from Plaintiff’s
alleged accident that was the subject of her lawsuit
in Index No. 116859/2009 - Elba Mella v. City of
New York.
PLEASE NOTICE that if Plaintiff fails to comply with this demand, Defendant
will file a motion seeking dismissal and preclusion of all evidence related to Plaintiff’s alleged
injury and damages.
PLEASE TAKE FURTHER NOTICE that these are all continuing demands
and should any of the information requested become available to or known in the future, then
Plaintiff is required to furnish same at such time.
2 of 4
PLEASE TAKE FURTHER NOTICE that all authorizations must include a
proper name, including, but not limited to alternate names/ aliases, full addresses, and all
necessary identification numbers such as social security number, so that Defendant may obtain
the records referenced in said authorizations.
Dated: New York, New York
December 7, 2016
GALLO VITUCCI KLAR LLP
____________________________
By: Chad E. Sjoquist
Attorneys for Defendant
600 West 169th Rest. Inc. i/s/h/a Coogan’s
90 Broad Street, 12th Floor
New York, New York 10004
(212) 683-7100
To:
Plaintiff via NYSCEF
3 of 4
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ELBA SOCORRO MELLA,
Index No.: 157971/2015
Plaintiff,
- against -
COOGAN’S, ROYAL CHARTER PROPERTIES,
INC., and THE CITY OF NEW YORK,
Defendants.
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DEMAND FOR PRIOR LITIGATION AND MEDICAL MATERIAL
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
600 West 169th Rest. Inc. i/s/h/a Coogan’s
90 Broad Street, 12th Floor
New York, New York 10004
Phone: (212) 683-7100
Fax: (212) 683-5555
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 12/07/2016 10:34 AM INDEX NO. 157971/2015 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 12/07/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------x ELBA SOCORRO MELLA, Index No.: 157971/2015 Plaintiff, - against - DEMAND FOR PRIOR LITIGATION AND MEDICAL MATERIAL COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK, Defendants. -----------------------------------------------------------------x PLEASE TAKE NOTICE, that Defendant 600 West 169th Rest. Inc. i/s/h/a Coogan’s hereby demands that Plaintiff produce the following within 20 days: 1. Executed authorizations permitting Defendant to obtain the entire non-privileged portion of the legal file from Plaintiff’s current or former counsel for each of the following lawsuits: • Index No. 116859/2009 - Elba Mella v. City of New York; • Index No. CV-035490-10/NY Chase Bank USA, N.A. v. Elba Mella; • Index No. CV-045585-10/NY Chase Bank USA, N.A. v. Elba Mella; • Index No. CV-021668-99/BX Consolidated Edison v. Elba Mella; • Index No. CV-203404-00/BX Consolidated Edison v. Elba Mella; and • RE-201759-02/BX Consolidated Edison v. Elba Mella. 2. The name, address and phone number of each physician, hospital, clinic, radiologist, physical therapist, pharmacist and mental health professional 1 of 4 that examined Plaintiff, provided any medical or psychological treatment to Plaintiff, or provided any medication to Plaintiff as a result of any injury that arose from Plaintiff’s alleged accident that was the subject of her lawsuit in Index No. 116859/2009 - Elba Mella v. City of New York. 3. Full and complete copies of all medical, billing and pharmaceutical records from each physician, hospital, clinic, radiologist, physical therapist, pharmacist and mental health professional that examined Plaintiff, provided any medical or psychological treatment to Plaintiff, or provided any medication to Plaintiff as a result of any injury that arose from Plaintiff’s alleged accident that was the subject of her lawsuit in Index No. 116859/2009 - Elba Mella v. City of New York. 4. Fullly executed, HIPAA-compliant authorizations permitting Defendant to obtain full and complete copies of all medical, billing and pharmaceutical records from each physician, hospital, clinic, radiologist, physical therapist, pharmacist and mental health professional that examined Plaintiff, provided any medical or psychological treatment to Plaintiff, or provided any medication to Plaintiff as a result of any injury that arose from Plaintiff’s alleged accident that was the subject of her lawsuit in Index No. 116859/2009 - Elba Mella v. City of New York. PLEASE NOTICE that if Plaintiff fails to comply with this demand, Defendant will file a motion seeking dismissal and preclusion of all evidence related to Plaintiff’s alleged injury and damages. PLEASE TAKE FURTHER NOTICE that these are all continuing demands and should any of the information requested become available to or known in the future, then Plaintiff is required to furnish same at such time. 2 of 4 PLEASE TAKE FURTHER NOTICE that all authorizations must include a proper name, including, but not limited to alternate names/ aliases, full addresses, and all necessary identification numbers such as social security number, so that Defendant may obtain the records referenced in said authorizations. Dated: New York, New York December 7, 2016 GALLO VITUCCI KLAR LLP ____________________________ By: Chad E. Sjoquist Attorneys for Defendant 600 West 169th Rest. Inc. i/s/h/a Coogan’s 90 Broad Street, 12th Floor New York, New York 10004 (212) 683-7100 To: Plaintiff via NYSCEF 3 of 4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------x ELBA SOCORRO MELLA, Index No.: 157971/2015 Plaintiff, - against - COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK, Defendants. -----------------------------------------------------------------x DEMAND FOR PRIOR LITIGATION AND MEDICAL MATERIAL GALLO VITUCCI KLAR LLP Attorneys for Defendant 600 West 169th Rest. Inc. i/s/h/a Coogan’s 90 Broad Street, 12th Floor New York, New York 10004 Phone: (212) 683-7100 Fax: (212) 683-5555 4 of 4