Preview
FILED: NEW YORK COUNTY CLERK 08/26/2015 04:27 PM INDEX NO. 157971/2015
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/26/2015
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.
-------------------------------------------------------------------x
CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1-a
The undersigned certifies the following documents pursuant to 22 NYCRR 130-1.1-a:
DEMAND FOR VERIFIED BILL OF PARTICULARS
DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW
NOTICE TO TAKE EXAMINATION BEFORE TRIAL
COMBINED DISCOVERY DEMANDS
Dated: New York, New York
August 26, 2015
GALLO VITUCCI KLAR LLP
______________________________
By: Michael L. Mangini
Attorneys for Defendant
600 West 169th Rest. Inc. d/b/a Coogan’s
90 Broad Street, Third Floor
New York, New York 10004
(212) 683-7100
To: All parties via electronic filing
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ELBA SOCORRO MELLA, Index No.: 157971/2015
Plaintiff,
DEMAND FOR A VERIFIED
-against- BILL OF PARTICULARS
COOGAN’S, ROYAL CHARTER PROPERTIES, INC.,
and THE CITY OF NEW YORK
Defendants.
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TO PLAINTIFF:
PLEASE TAKE NOTICE that pursuant to Article 30 of the Civil Practice Law
and Rules, you are each hereby required to serve a Verified Bill of Particulars upon Defendant
600 West 169th Rest. Inc. d/b/a Coogan’s (“Coogan’s”) within twenty days of receipt of this
Demand, setting forth the following:
1. Plaintiff’s present residence address.
2. Plaintiff’s date of birth.
3. Plaintiff’s social security number.
4. The date and approximate time of day of the incident that caused
Plaintiff’s alleged injuries.
5. The exact location of the incident in sufficient detail so as to permit
accurate identification of such location.
6. A description of the incident.
7. The statutes, codes or ordinances that Coogan’s is alleged to have
violated, along with a description of the acts/ omissions that constitute
such violations.
8. A description of each of Coogan’s acts/ omissions constituting any
negligence claimed.
9. Whether actual notice of any defect or dangerous condition/ activity is
claimed. If not, then so state. If so, then set forth the following:
(a) The date(s) of each instance of notice.
(b) The names of the Coogan’s employees and/ or agents to whom
said actual notice was allegedly given on each of such dates.
(c) By whom said actual notice was allegedly given on each of such
dates.
(d) The substance of each said notice.
10. Whether constructive notice of any defect or dangerous condition/ activity
is claimed. If not, then so state. If so, then set forth the length of time said
condition is alleged to have existed prior to the incident.
11. A description of any physical, psychological or emotional injuries claimed
to have resulted from the incident, including the approximate date of the
onset of symptoms of each of the injuries claimed.
12. A description of any pre-existing conditions/ injuries involving the body
part(s) alleged to have been injured as a result of this incident. If Plaintiff
had such conditions/ injuries, set forth:
(a) The approximate date of diagnosis/ onset of symptoms.
(b) The identities of all hospitals, doctors and medical providers who
treated Plaintiff for such injuries/ conditions.
(c) Whether Plaintiff will claim that the subject incident aggravated or
exacerbated such prior conditions/ injuries.
13. A description of the injuries that Plaintiff claims are permanent.
14. The length of time that Plaintiff was confined to bed or home as a result of
the incident, with dates of confinement.
15. The length of time that Plaintiff was confined to a hospital or other health
care facility, as a result of the incident with the name and address of each
such hospital or facility and the dates of admission and discharge.
16. Whether Plaintiff claims past or future lost wages as a result of the
incident. If Plaintiff claims lost wages, set forth:
(a) The occupation of Plaintiff at the time of the incident.
(b) Plaintiff’s wage or salary at the time of the incident.
(c) Wages lost as a result of the incident; not including any wages
reimbursed by collateral sources such as workers’ compensation
and/ or disability providers.
(d) Whether Plaintiff was a United States citizen at the time of the
incident.
(e) The names and addresses of each employer for the five years
preceding the incident and Plaintiff’s job titles and annual earnings
for each of said five years.
17. The length of time that Plaintiff was totally disabled as a result of the
incident including specific dates.
18. The length of time that Plaintiff was partially disabled as a result of the
incident, including specific dates.
19. The total of special damages incurred to date with regard to the following:
(a) Physician’s services, including the name and
address of each physician who treated Plaintiff for
the injuries claimed to have been caused by or
aggravated by the incident.
(b) Medical supplies, including a description of each
item and the name and address of the supplier from
whom such supplies were purchased.
(c) Loss of earnings, including the dates that Plaintiff
missed from work and the manner in which said
loss is computed.
(d) Hospital expenses and clinic charges.
(e) X-rays, other than those for which charges were
included in hospital expenses.
(f) Nurses’ services, other than those for which charges
were included in hospital expenses.
(g) All other claimed special damages.
20. Whether Plaintiff has filed a workers’ compensation claim in connection
with the subject incident. If Plaintiff has filed such a claim, set forth the
following:
(a) The workers’ compensation carrier and claim number.
(b) The Workers’ Compensation Board claim number.
(c) The amount of benefits received.
(d) Whether a lien has been asserted in the instant action by the
workers’ compensation carrier. If so, provide a lien amount
21. The names and addresses of all witnesses to the incident or to the facts and
circumstances surrounding it known to Plaintiff, his attorneys or
representatives.
PLEASE TAKE FURTHER NOTICE that if Plaintiff fails to comply with the
foregoing demand within twenty days, Defendant will move to preclude the offering of any
evidence as to the matters herein demanded, together with the costs of such application.
Dated: New York, New York
August 26, 2015
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
600 West 169th Rest. Inc. d/b/a Coogan’s
90 Broad Street, Third Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ELBA SOCORRO MELLA, Index No.: 157971/2015
Plaintiff,
DEMAND FOR MEDICAID
-against- AND MEDICARE INFORMATION
COOGAN’S, ROYAL CHARTER PROPERTIES, INC.,
and THE CITY OF NEW YORK
Defendants.
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TO PLAINTIFF:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law
and Rules and 42 USC §1395y(b)(8)(A), the undersigned demands that Plaintiff furnish, within
30 days of service of this notice, the following:
1. A statement as to whether Plaintiff has received benefits from either
Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant
action. If so, please state and/or provide:
a. Plaintiff’s full name;
b. Plaintiff’s gender;
c. Plaintiff’s dates of birth;
d. Plaintiff’s social security number;
e. Plaintiff’s primary telephone number;
f. The health insurance claim numbers and/or Medicare and/or
Medicaid file number;
g. The addresses of the offices handling Plaintiff’s Medicare and/or
Medicaid file;
h. Duly executed authorizations bearing Plaintiff’s date of birth and
social security number, permitting this firm and/or the
representatives of Defendant to obtain copies of Plaintiff’s
Medicare/Medicaid records.
2. State whether Medicare and/or Medicaid has a lien and the amount of any
such lien.
3. Provide copies of all documents, records, memoranda, notes, etc., in
Plaintiff’s possession pertaining to Plaintiff’s receipt of Medicare and/or Medicaid benefits,
including copies of all documents provided to or received from the Medicare and/or Medicaid
administrator.
4. If any Medicaid and/or Medicare Secondary Payer (MSP) claims exist,
please provide a copy of the claim summary from Medicare and/or Medicaid regarding those
claims.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand that you
are required to serve the demanded information within 30 days of the date of this demand. If you
do not possess the above requested information, you must provide an affidavit to that effect.
Dated: New York, New York
August 26, 2015
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
600 West 169th Rest. Inc. d/b/a Coogan’s
90 Broad Street, Third Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ELBA SOCORRO MELLA, Index No.: 157971/2015
Plaintiff,
NOTICE TO TAKE
-against- EXAMINATION BEFORE TRIAL
COOGAN’S, ROYAL CHARTER PROPERTIES, INC.,
and THE CITY OF NEW YORK
Defendants.
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PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules
Article 31, the undersigned will take, on behalf of Defendant Coogan’s, on the 29th day of
October, 2015, at 10:00 a.m. at a place to be determined, the oral examination of Plaintiff, and
the same will continue from day to day until completed, concerning all of the relevant facts and
circumstances in connection with this litigation. Defendant reserves the right to use electronic
audio and visual means to record said examinations in conjunction with or instead of
stenographic recordings pursuant to applicable court rules.
PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the
testimony, Plaintiff is required to produce any and all documents, reports, and/or records which
may be used by Plaintiff to refresh their recollection as to the matters hereinabove set forth.
Dated: New York, New York
August 26, 2015
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
600 West 169th Rest. Inc. d/b/a Coogan’s
90 Broad Street, Third Floor
New York, New York 10004
(212) 683-7100
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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ELBA SOCORRO MELLA, Index No.: 157971/2015
Plaintiff,
COMBINED DISCOVERY DEMANDS
-against-
COOGAN’S, ROYAL CHARTER PROPERTIES, INC.,
and THE CITY OF NEW YORK
Defendants.
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TO ALL PARTIES:
DEMAND FOR MEDICAL INFORMATION
Defendant hereby demands that Plaintiff serve upon the undersigned the
following:
1. The names and addresses of all physicians, pharmacies, clinics and other
health care providers of every description who have consulted, examined or treated Plaintiff for
each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the
Verified Complaint including, the date of such treatment or examination.
2. Copies of all medical reports in Plaintiff’s possession received from the
providers identified in (1) above.
3. HIPAA-compliant authorizations permitting Defendant to obtain full and
complete records from each of the physicians, pharmacies, clinics and other health care providers
referenced in (1) above.
DEMAND FOR COLLATERAL SOURCE INFORMATION
Defendant hereby demands that Plaintiff serve upon the undersigned a statement
as to whether any part of the cost of medical care, dental care, custodial care, rehabilitation
services, loss of earnings, or other economic loss sought to be recovered herein, was replaced or
indemnified, in whole or in part, from any collateral source, such as workers’ compensation,
insurance, social security (except those benefits provided under Title 18 of the Social Security
Act), or employee benefit programs and, if so, the full name and address of each organization or
program (and policy or other identifying number, if applicable) providing such replacement or
indemnification, together with an itemized statement of the amount of each such item of
economic loss that was replaced or indemnified by each such organization or program.
Defendant also demands that Plaintiff provide the name and address (and policy
or other identifying number, if applicable) and statement of itemization of each such organization
or program to which a claim for reimbursement has been made but not yet been paid or with
regard to which Plaintiff reasonably anticipates in the future making a claim for reimbursement.
Defendant hereby demands that Plaintiff provide duly executed and properly
addressed original authorizations permitting the undersigned to obtain any records reflecting any
collateral source payment identified in response to the foregoing demand.
DEMAND FOR LOST WAGES RECORDS
If Plaintiff is asserting a past or future lost wages claim, Defendant demands that
Plaintiff produce duly-executed authorizations for Plaintiff’s federal and state income tax returns,
W2 forms and other tax-related records that were filed in the years 2010 to present, any other
documents in Plaintiff’s possession that establish or prove Plaintiff’s income from 2010 to
present, and executed authorizations permitting Defendant to obtain Plaintiff’s complete
employment files, including payroll information, from each of Plaintiff’s employers from 2010
to present.
DEMAND FOR OPPOSING PARTY STATEMENTS
Defendant hereby demands that Plaintiff and Co-Defendants produce, pursuant to
CPLR 3101(e) and 3120, and permit Defendant to discover, inspect, copy and photograph any
signed statement, unsigned statement, or copy of any recorded statement or document made by,
or taken from Defendant, any agent, servant or employee of Defendant, or any other witness that
may be called at trial in this matter.
DEMAND FOR EXPERT WITNESS DISCLOSURE
Defendant hereby demands that Plaintiff and Co-Defendants set forth the
following:
a. The name and address of each and every person you expect
to call as an expert witness at the trial of this action.
b. In reasonable detail, the subject matter on which each
expert is expected to testify.
c. The substance of the facts and opinions on which each
expert is expected to testify.
d. The qualification of each expert witness.
e. A summary of the grounds for each expert’s opinion.
DEMAND FOR PHOTOGRAPHS/ VIDEO
Defendant hereby demands that Plaintiff and Co-Defendants produce, pursuant to
CPLR 3120, and permit Defendant to discover and inspect, copy, and photograph the following:
all photographs and/or video in any form showing the incident alleged in the Verified Complaint,
the condition of the alleged accident location, or any alleged injuries sustained by Plaintiff.
DEMAND FOR INCIDENT REPORTS AND DOCUMENTS
Defendant hereby demands that Plaintiff and Co-Defendants serve full and
complete copies of all incident, accident, and police reports, or any other document concerning,
or arising from, the accident alleged in the Verified Complaint or Plaintiff’s alleged injuries from
said accident.
DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
Defendant hereby demands that Plaintiff and Co-Defendants set forth in writing
the names and addresses of each person known or claimed to be a witness to the incident alleged
in the Verified Complaint, or to any other matter relevant to Plaintiff’s claims in this action,
including the alleged defective/ dangerous condition that caused the alleged accident.
DEMAND FOR INSURANCE COVERAGE
Pursuant to CPLR 3101(f), Plaintiff and Co-Defendants are required to serve upon
the undersigned, within twenty days hereof, copies of any insurance agreement which shall
satisfy part or all of a judgment which may be entered in this action against the party you
represent, which shall indemnify or reimburse the party you represent for payments made to
satisfy the judgment, or which is providing a defense to any party in this action.
DEMAND FOR CONTRACTS & LEASES
Defendant demand that Co-Defendants produce full and complete copies of any
and all contracts, agreements, receipts, estimates or other documents relating in any way to the
possession, management, construction, repair, maintenance, or any other work done at the
subject premises prior to or at the time of Plaintiff’s alleged accident.
DEMAND FOR PRIOR DOCUMENTS
Defendant demands that Plaintiff and Co-Defendants produce the following:
1. Copies of all notices of claims pertaining to the above-captioned action;
and
2. Copies of the transcripts of all 50-h hearings taken by or on behalf of any
of the parties pertaining to the above-captioned action, including copies of any and all exhibits
thereto.
PLEASE TAKE NOTICE that such authorizations and/or discovery documents
must be delivered to the undersigned within thirty days from the date of these demands.
PLEASE TAKE FURTHER NOTICE that failure to comply with these
demands will serve as a basis for a motion to preclude Plaintiff upon the trial of this action from
offering proof relative to medical damages if such information, authorization and certificates are
not provided in accordance with these demands.
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
you are required to furnish same at such time.
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.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with
these demands, Defendant shall make an application to stay all proceedings herein, in addition to
sanctions and other relief to be granted.
Dated: New York, New York
August 26, 2015
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
600 West 169th Rest. Inc. d/b/a Coogan’s
90 Broad Street, Third Floor
New York, New York 10004
(212) 683-7100
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.
-------------------------------------------------------------------x
DEMAND FOR VERIFIED BILL OF PARTICULARS
DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW
NOTICE TO TAKE EXAMINATION BEFORE TRIAL
COMBINED DISCOVERY DEMANDS
GALLO VITUCCI KLAR LLP
Attorneys for Defendant
\ 600 West 169th Rest. Inc.
90 Broad Street, Third Floor
New York, New York 10004
Phone: (212) 683-7100
Fax: (212) 683-5555
Preview
FILED: NEW YORK COUNTY CLERK 08/26/2015 04:27 PM INDEX NO. 157971/2015 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/26/2015 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 CERTIFICATION PURSUANT TO 22 NYCRR 130-1.1-a The undersigned certifies the following documents pursuant to 22 NYCRR 130-1.1-a: DEMAND FOR VERIFIED BILL OF PARTICULARS DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW NOTICE TO TAKE EXAMINATION BEFORE TRIAL COMBINED DISCOVERY DEMANDS Dated: New York, New York August 26, 2015 GALLO VITUCCI KLAR LLP ______________________________ By: Michael L. Mangini Attorneys for Defendant 600 West 169th Rest. Inc. d/b/a Coogan’s 90 Broad Street, Third Floor New York, New York 10004 (212) 683-7100 To: All parties via electronic filing SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x ELBA SOCORRO MELLA, Index No.: 157971/2015 Plaintiff, DEMAND FOR A VERIFIED -against- BILL OF PARTICULARS COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK Defendants. -------------------------------------------------------------------x TO PLAINTIFF: PLEASE TAKE NOTICE that pursuant to Article 30 of the Civil Practice Law and Rules, you are each hereby required to serve a Verified Bill of Particulars upon Defendant 600 West 169th Rest. Inc. d/b/a Coogan’s (“Coogan’s”) within twenty days of receipt of this Demand, setting forth the following: 1. Plaintiff’s present residence address. 2. Plaintiff’s date of birth. 3. Plaintiff’s social security number. 4. The date and approximate time of day of the incident that caused Plaintiff’s alleged injuries. 5. The exact location of the incident in sufficient detail so as to permit accurate identification of such location. 6. A description of the incident. 7. The statutes, codes or ordinances that Coogan’s is alleged to have violated, along with a description of the acts/ omissions that constitute such violations. 8. A description of each of Coogan’s acts/ omissions constituting any negligence claimed. 9. Whether actual notice of any defect or dangerous condition/ activity is claimed. If not, then so state. If so, then set forth the following: (a) The date(s) of each instance of notice. (b) The names of the Coogan’s employees and/ or agents to whom said actual notice was allegedly given on each of such dates. (c) By whom said actual notice was allegedly given on each of such dates. (d) The substance of each said notice. 10. Whether constructive notice of any defect or dangerous condition/ activity is claimed. If not, then so state. If so, then set forth the length of time said condition is alleged to have existed prior to the incident. 11. A description of any physical, psychological or emotional injuries claimed to have resulted from the incident, including the approximate date of the onset of symptoms of each of the injuries claimed. 12. A description of any pre-existing conditions/ injuries involving the body part(s) alleged to have been injured as a result of this incident. If Plaintiff had such conditions/ injuries, set forth: (a) The approximate date of diagnosis/ onset of symptoms. (b) The identities of all hospitals, doctors and medical providers who treated Plaintiff for such injuries/ conditions. (c) Whether Plaintiff will claim that the subject incident aggravated or exacerbated such prior conditions/ injuries. 13. A description of the injuries that Plaintiff claims are permanent. 14. The length of time that Plaintiff was confined to bed or home as a result of the incident, with dates of confinement. 15. The length of time that Plaintiff was confined to a hospital or other health care facility, as a result of the incident with the name and address of each such hospital or facility and the dates of admission and discharge. 16. Whether Plaintiff claims past or future lost wages as a result of the incident. If Plaintiff claims lost wages, set forth: (a) The occupation of Plaintiff at the time of the incident. (b) Plaintiff’s wage or salary at the time of the incident. (c) Wages lost as a result of the incident; not including any wages reimbursed by collateral sources such as workers’ compensation and/ or disability providers. (d) Whether Plaintiff was a United States citizen at the time of the incident. (e) The names and addresses of each employer for the five years preceding the incident and Plaintiff’s job titles and annual earnings for each of said five years. 17. The length of time that Plaintiff was totally disabled as a result of the incident including specific dates. 18. The length of time that Plaintiff was partially disabled as a result of the incident, including specific dates. 19. The total of special damages incurred to date with regard to the following: (a) Physician’s services, including the name and address of each physician who treated Plaintiff for the injuries claimed to have been caused by or aggravated by the incident. (b) Medical supplies, including a description of each item and the name and address of the supplier from whom such supplies were purchased. (c) Loss of earnings, including the dates that Plaintiff missed from work and the manner in which said loss is computed. (d) Hospital expenses and clinic charges. (e) X-rays, other than those for which charges were included in hospital expenses. (f) Nurses’ services, other than those for which charges were included in hospital expenses. (g) All other claimed special damages. 20. Whether Plaintiff has filed a workers’ compensation claim in connection with the subject incident. If Plaintiff has filed such a claim, set forth the following: (a) The workers’ compensation carrier and claim number. (b) The Workers’ Compensation Board claim number. (c) The amount of benefits received. (d) Whether a lien has been asserted in the instant action by the workers’ compensation carrier. If so, provide a lien amount 21. The names and addresses of all witnesses to the incident or to the facts and circumstances surrounding it known to Plaintiff, his attorneys or representatives. PLEASE TAKE FURTHER NOTICE that if Plaintiff fails to comply with the foregoing demand within twenty days, Defendant will move to preclude the offering of any evidence as to the matters herein demanded, together with the costs of such application. Dated: New York, New York August 26, 2015 GALLO VITUCCI KLAR LLP Attorneys for Defendant 600 West 169th Rest. Inc. d/b/a Coogan’s 90 Broad Street, Third Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x ELBA SOCORRO MELLA, Index No.: 157971/2015 Plaintiff, DEMAND FOR MEDICAID -against- AND MEDICARE INFORMATION COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK Defendants. -------------------------------------------------------------------x TO PLAINTIFF: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules and 42 USC §1395y(b)(8)(A), the undersigned demands that Plaintiff furnish, within 30 days of service of this notice, the following: 1. A statement as to whether Plaintiff has received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide: a. Plaintiff’s full name; b. Plaintiff’s gender; c. Plaintiff’s dates of birth; d. Plaintiff’s social security number; e. Plaintiff’s primary telephone number; f. The health insurance claim numbers and/or Medicare and/or Medicaid file number; g. The addresses of the offices handling Plaintiff’s Medicare and/or Medicaid file; h. Duly executed authorizations bearing Plaintiff’s date of birth and social security number, permitting this firm and/or the representatives of Defendant to obtain copies of Plaintiff’s Medicare/Medicaid records. 2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien. 3. Provide copies of all documents, records, memoranda, notes, etc., in Plaintiff’s possession pertaining to Plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrator. 4. If any Medicaid and/or Medicare Secondary Payer (MSP) claims exist, please provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims. PLEASE TAKE FURTHER NOTICE that this is a continuing demand that you are required to serve the demanded information within 30 days of the date of this demand. If you do not possess the above requested information, you must provide an affidavit to that effect. Dated: New York, New York August 26, 2015 GALLO VITUCCI KLAR LLP Attorneys for Defendant 600 West 169th Rest. Inc. d/b/a Coogan’s 90 Broad Street, Third Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x ELBA SOCORRO MELLA, Index No.: 157971/2015 Plaintiff, NOTICE TO TAKE -against- EXAMINATION BEFORE TRIAL COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK Defendants. -------------------------------------------------------------------x PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules Article 31, the undersigned will take, on behalf of Defendant Coogan’s, on the 29th day of October, 2015, at 10:00 a.m. at a place to be determined, the oral examination of Plaintiff, and the same will continue from day to day until completed, concerning all of the relevant facts and circumstances in connection with this litigation. Defendant reserves the right to use electronic audio and visual means to record said examinations in conjunction with or instead of stenographic recordings pursuant to applicable court rules. PLEASE TAKE FURTHER NOTICE, that at the time of the taking of the testimony, Plaintiff is required to produce any and all documents, reports, and/or records which may be used by Plaintiff to refresh their recollection as to the matters hereinabove set forth. Dated: New York, New York August 26, 2015 GALLO VITUCCI KLAR LLP Attorneys for Defendant 600 West 169th Rest. Inc. d/b/a Coogan’s 90 Broad Street, Third Floor New York, New York 10004 (212) 683-7100 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------x ELBA SOCORRO MELLA, Index No.: 157971/2015 Plaintiff, COMBINED DISCOVERY DEMANDS -against- COOGAN’S, ROYAL CHARTER PROPERTIES, INC., and THE CITY OF NEW YORK Defendants. -------------------------------------------------------------------x TO ALL PARTIES: DEMAND FOR MEDICAL INFORMATION Defendant hereby demands that Plaintiff serve upon the undersigned the following: 1. The names and addresses of all physicians, pharmacies, clinics and other health care providers of every description who have consulted, examined or treated Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Verified Complaint including, the date of such treatment or examination. 2. Copies of all medical reports in Plaintiff’s possession received from the providers identified in (1) above. 3. HIPAA-compliant authorizations permitting Defendant to obtain full and complete records from each of the physicians, pharmacies, clinics and other health care providers referenced in (1) above. DEMAND FOR COLLATERAL SOURCE INFORMATION Defendant hereby demands that Plaintiff serve upon the undersigned a statement as to whether any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein, was replaced or indemnified, in whole or in part, from any collateral source, such as workers’ compensation, insurance, social security (except those benefits provided under Title 18 of the Social Security Act), or employee benefit programs and, if so, the full name and address of each organization or program (and policy or other identifying number, if applicable) providing such replacement or indemnification, together with an itemized statement of the amount of each such item of economic loss that was replaced or indemnified by each such organization or program. Defendant also demands that Plaintiff provide the name and address (and policy or other identifying number, if applicable) and statement of itemization of each such organization or program to which a claim for reimbursement has been made but not yet been paid or with regard to which Plaintiff reasonably anticipates in the future making a claim for reimbursement. Defendant hereby demands that Plaintiff provide duly executed and properly addressed original authorizations permitting the undersigned to obtain any records reflecting any collateral source payment identified in response to the foregoing demand. DEMAND FOR LOST WAGES RECORDS If Plaintiff is asserting a past or future lost wages claim, Defendant demands that Plaintiff produce duly-executed authorizations for Plaintiff’s federal and state income tax returns, W2 forms and other tax-related records that were filed in the years 2010 to present, any other documents in Plaintiff’s possession that establish or prove Plaintiff’s income from 2010 to present, and executed authorizations permitting Defendant to obtain Plaintiff’s complete employment files, including payroll information, from each of Plaintiff’s employers from 2010 to present. DEMAND FOR OPPOSING PARTY STATEMENTS Defendant hereby demands that Plaintiff and Co-Defendants produce, pursuant to CPLR 3101(e) and 3120, and permit Defendant to discover, inspect, copy and photograph any signed statement, unsigned statement, or copy of any recorded statement or document made by, or taken from Defendant, any agent, servant or employee of Defendant, or any other witness that may be called at trial in this matter. DEMAND FOR EXPERT WITNESS DISCLOSURE Defendant hereby demands that Plaintiff and Co-Defendants set forth the following: a. The name and address of each and every person you expect to call as an expert witness at the trial of this action. b. In reasonable detail, the subject matter on which each expert is expected to testify. c. The substance of the facts and opinions on which each expert is expected to testify. d. The qualification of each expert witness. e. A summary of the grounds for each expert’s opinion. DEMAND FOR PHOTOGRAPHS/ VIDEO Defendant hereby demands that Plaintiff and Co-Defendants produce, pursuant to CPLR 3120, and permit Defendant to discover and inspect, copy, and photograph the following: all photographs and/or video in any form showing the incident alleged in the Verified Complaint, the condition of the alleged accident location, or any alleged injuries sustained by Plaintiff. DEMAND FOR INCIDENT REPORTS AND DOCUMENTS Defendant hereby demands that Plaintiff and Co-Defendants serve full and complete copies of all incident, accident, and police reports, or any other document concerning, or arising from, the accident alleged in the Verified Complaint or Plaintiff’s alleged injuries from said accident. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES Defendant hereby demands that Plaintiff and Co-Defendants set forth in writing the names and addresses of each person known or claimed to be a witness to the incident alleged in the Verified Complaint, or to any other matter relevant to Plaintiff’s claims in this action, including the alleged defective/ dangerous condition that caused the alleged accident. DEMAND FOR INSURANCE COVERAGE Pursuant to CPLR 3101(f), Plaintiff and Co-Defendants are required to serve upon the undersigned, within twenty days hereof, copies of any insurance agreement which shall satisfy part or all of a judgment which may be entered in this action against the party you represent, which shall indemnify or reimburse the party you represent for payments made to satisfy the judgment, or which is providing a defense to any party in this action. DEMAND FOR CONTRACTS & LEASES Defendant demand that Co-Defendants produce full and complete copies of any and all contracts, agreements, receipts, estimates or other documents relating in any way to the possession, management, construction, repair, maintenance, or any other work done at the subject premises prior to or at the time of Plaintiff’s alleged accident. DEMAND FOR PRIOR DOCUMENTS Defendant demands that Plaintiff and Co-Defendants produce the following: 1. Copies of all notices of claims pertaining to the above-captioned action; and 2. Copies of the transcripts of all 50-h hearings taken by or on behalf of any of the parties pertaining to the above-captioned action, including copies of any and all exhibits thereto. PLEASE TAKE NOTICE that such authorizations and/or discovery documents must be delivered to the undersigned within thirty days from the date of these demands. PLEASE TAKE FURTHER NOTICE that failure to comply with these demands will serve as a basis for a motion to preclude Plaintiff upon the trial of this action from offering proof relative to medical damages if such information, authorization and certificates are not provided in accordance with these demands. 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 you are required to furnish same at such time. 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. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with these demands, Defendant shall make an application to stay all proceedings herein, in addition to sanctions and other relief to be granted. Dated: New York, New York August 26, 2015 GALLO VITUCCI KLAR LLP Attorneys for Defendant 600 West 169th Rest. Inc. d/b/a Coogan’s 90 Broad Street, Third Floor New York, New York 10004 (212) 683-7100 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 VERIFIED BILL OF PARTICULARS DEMAND PURSUANT TO MANDATORY INSURER REPORTING LAW NOTICE TO TAKE EXAMINATION BEFORE TRIAL COMBINED DISCOVERY DEMANDS GALLO VITUCCI KLAR LLP Attorneys for Defendant \ 600 West 169th Rest. Inc. 90 Broad Street, Third Floor New York, New York 10004 Phone: (212) 683-7100 Fax: (212) 683-5555