Preview
(FILED: NEW YORK COUNTY CLERK 0470772014) INDEX Ni 151650/2014
NYSCEF DOC. NO. 5 RECEIVED NYSCEF 04/07/2014
.
Davip M. SANTORO
ATTORNEY FOR
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
4 IRVING PLACE
NEW YORK, N.Y. 10003
TEL. NO. (212) 460-3355
Counselors:
Enclosed herein is Consolidated Edison Company
of New York, Inc.’s:
Demand for a Verified Bill of Particulars
Demand for Medical Records and Employment Recor
ds
and Authorizations
Notice of Discovery and Inspection for Medicaid/M
edicare Liens
Notice for Discovery and Inspection
Combined Demand
Notice for Discovery and Inspection of Plaintiff
Notice for Discovery and Inspection of The City of
New York
Third Party Notice for Discovery and Inspection
Notice of Discovery and Inspection for Collateral
Source Reimbursement
Demand for Expert Witness Information
Notice of Refusal to Accept Service by Facsimile
Notice to Take Deposition Upon Oral Questions
Notice for Discovery and Ins pection for Reimbursemen
t for Property
Damage
First Notice to Produce Documents
Demand Pursuant to CPLR 21 03(e)
The undersigned certifies that to the best of m 'y knowledge,
information and belief that, as
presented, served and/or filed, they are not frivolous
as defined in Section 130-1. 1(a) and (c) of
the Rules of the Chief Administratoi r of the Courts (22
N.Y.C.R.R.)
Very truly yours,
David M. Santoro
170290
By L
RCM:mb(LF) SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY
Steere OF NEW YORK eee eee wane eee eee eeeeee
SHELLEY KARTEN and MARK KARTEN,
| INDEX NO.:
Plaintiffs, 151650/14
- against -
| DEMAND FOR A
500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB _ VERIFIED BILL
KNIGHT FRANK and CONSOLIDATED EDISON COMPANY | OF PARTICULARS
OF NEW YORK, INC.,
acne eens teenene eee eee
e
Defendants.
en ee eee cent eee a enee
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR §§3041, 3042 and 3044, you.
are required to serve the attorney for defendant, Consolidated Edison Company of New York,
Inc., at 4 Irving Place, New York, NY 10003, within thirty (30) days after service of this
demand, a Verified Bill of Particulars, setting forth the following:
1 Plaintiff's date of birth, Social Security Number and residence.
2 Is the plaintiff Medicare eligible?
Has the plaintiff applied for or received any Medicare payments in
connection with the injury alleged in this lawsuit?
The date and time of the occurrence.
The exact location of the occurrence.
A general description of the occurrence.
A statement of each defendant's negligence.
A detailed description of the defect which caused the occurrence.
Whether actual or constructive notice is claimed.
OUR FILE #:
10. The facts supporting any claim of actual notice of a defect, including:
S-0148-14/
FN0377283
(a) The date or dates of each notice.
(b) The names of the agents or employees of the defendant receiving
notice.
(©) The name of the individual giving notice.
(ad) The precise language of the notice.
() The form of the notice (oral or written).
11 The facts supporting any claim of constructive notice, including the length
of time the condition existed prior to the occurrence.
12 Any statute, ordinance, or regulation violated by the defendant.
13 The names and addresses of all witnesses, including occurrence and notice
witnesses.
14. The nature and duration of each injury.
15 The length of time plaintiff was confined to (a) hospital, (b) bed, and (c)
home.
16. The cost of: (a) hospital, (b) medical, (c) x-rays, (d) nurses, (e) medicines,
(f) medical supplies, and (g) any other medical expenses.
17 The dollar value of other damages, item by item.
18 Plaintiff's occupation, name and address of employer, dates absent from
employment, and amount of lost earnings. If a student, name and address
of school, grade and dates absent.
a) the method of calculation used to derive any and all lost earnings
claimed; and
b) the name and address of any entity, carrier, or organization
providing plaintiff with compensation for any lost earnings claimed,
including, but not limited to No Fault compensation and Workers
Compensation.
19, State whether or not plaintiff has been reimbursed for claims of economic
loss from any collateral source and, if so, set forth:
a) the amount of reimbursement received and the name and addre
sses
of the person, firm or organization from whom such
reimbursement was received: and,
b) if such reimbursement was made by an insurance company,
state
the number of the policy under which it was paid.
20. State whether or not plaintiff has made a claim for reimbursement
for
economic loss to any collateral source and said claim has not as yet
been
paid and, if so, set forth:
a) the name and address of the Person, corporation or organization
to
whom such claim was presented, the date of presentation
and the
amount claimed; and
b) if such reimbursement was presented to an insurance compa
ny,
state the policy number under which it was made.
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attornesy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
RCM:(LF) SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY
wisest OF NEW YORK ee ean a nnn eee eee eee eee
SHELLEY KARTEN and MARK KARTEN,
_INDEX NO.:
Plaintiffs, | 151650/14
|
- against -
| NOTICE FOR DISCOVERY
500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB _ AND INSPECTION FOR
KNIGHT FRANK and CONSOLIDATED EDISON COMPANY MEDICARE OR
OF NEW YORK, INC., | MEDICAID LIENS
wate cence ee eee e reenter eee eae e eee ee eee
Defendants.
nent eeee
ee eeeeee ed
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are
hereby required to produce at the offices of DAVID M. SANTORO, the attorney for the
defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., within thirty (30)
days, the following documents, items and information for discovery, inspection and/or
copying:
1 A statement as to whether the plaintiff has received benefits from
Medicaid, Medicare or any Medicare insurance program at any time, for any reason, not limited
to the injuries alleged in the instant action.
Please state and/or provide:
a. Plaintiff's full name;
b, Plaintiff's gender;
Plaintiff's date of birth;
Plaintiff's Social Security number;
Is Plaintiff enrolled in Medicare Part D?
Is Plaintiff enrolled in Medicare Part B?
OUR FILE #:
S-0148-14/ Plaintiff's residence telephone number;
FN0377283
The Health Insurance Claim Number and/or Medicare/Medicaid file
number;
A copy of the plaintiff's health insurance (Medicare) card;
The address of the office handling the plaintiff's Medicare/Medicaid
claims and/or benefits;
A duly executed authorization bearing plaintiff's date of birth and Social
Security number permitting this firm and/or the tepresentatives of
defendant to obtain copies of plaintiff's Medicaid records;
A duly executed consent to release (see
http://www.mspre.info/forms/ConsenttoRelease.pdf), valid for at least
three years, which permits this firm to obtain plaintiff's Medicare records
and to communicate with Medicare and its contractors (MSPRC or
COBC);
Identify any ICD-9 codes reported to Medicare and/or its contractors as
alleged to be related to injuries sustained in the incident which is the
subject of this litigation.
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 Medica
id benefits,
including copies of all documents provided to or received from the Medicar
e and/or Medicaid
administrators and/or contractors, including but not limited to:
a. Case reporting correspondence to Medicare COBC (Coordination of
Benefits Contractor)
Rights and responsibilities letter;
Conditional payment letters;
Payment summary forms
Demand/Recovery letters
Final demand letters
4 Please provide a copy of any claims summaries from Medicaid, Medicare
or any Medicare insurance program.
5 If plaintiff has not received Medicare and/or Medicaid benefits in the past
or is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to
receive Medicare and/or Medicaid benefits.
6. Has the plaintiff applied for Social Security Disability Benefits?
If so, when?
Was the application denied?
Is plaintiff appealing or re-filing for Social Security Disability benefits?
Has plaintiff received dialysis treatment for kidney disease?
Has plaintiff received treatment for End-Stage Renal Disease?
If plaintiff has been receiving Medicare and/or Medicaid benefits and is
now deceased, please provide the following:
a. Relationship of the administrator of plaintiff's estate to plaintiff's
decedent;
Name and address of plaintiff's administrator;
Telephone number and/or e-mail address of plaintiff's administrator;
Social Security number of plaintiff's administrator;
An authorization to examine and copy deceased’s Medicare and/or
Medicaid records.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a
continuing demand and that you are required to serve the demanded information within thirty
(30) days of the date of this demand.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand
for Medicare/Medicaid information may result in the necessity of a motion to compel discovery
accompanied by a request for the appropriate costs.
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1850
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attoresy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
RCM:mb(LF SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY OF NEWSET
Tas eee e soto YORK eee ec eee ee eee eee eee,
SHELLEY KARTEN and MARK KARTEN,
INDEX NO.:
Plaintiffs, 151650/14
- against -
DEMAND FOR
500-512 SEVENTH AVENUE LP, LLC., NEWMARK MEDICAL AND
GRUBB KNIGHT FRANK and CONSOLIDATED EDISON EMPLOYMENT
COMPANY OF NEW YORK, INC., RECORDS AND
AUTHORIZATIONS
Defendants.
wececeecenee eel
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3120, the undersigned
defendant herewith demands that you produce the authorizations specified and for the discovery
and inspection of the records demanded, with leave to photocopy, at the office of the
undersigned within twenty (20) days from the date hereof the following:
a. Names and addresses and copies of any and all reports of those
physicians and health care providers who have treated and/or examined
plaintiff, Shelley Karten, and the names of all prescriptions by those
physicians and health care providers issued to the examined plaintiff and
the names and addresses of pharmacies at which said prescriptions issued
by the aforementioned physicians and health care providers were filled, as
a result of any injury (including prior injury) to the part or parts of the
body allegedly injured as a result of the occurrence giving rise to this
litigation, including any and all diagnostic reports, and ambulance call
reports, and;
Duly executed and acknowledged written authorizations, fully compliant
with the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the regulations applicable thereto and expiring no less than
six (6) months after the date of signature, permitting the undersigned or
their representative to inspect and obtain photostatic copies of the records,
office charts, nurses' notes, diagnostic studies, X-rays and any other
records maintained by plaintiff(s) insurer(s) and by those physicians and
OUR FILE #: health care facilities referred to in paragraph nata" above, and permitting the
S-0148-14/ undersigned or their representative to inspect and obtain photostatic copies
FN0377283
of all records of filled pharmacy prescriptions identified and referred to in
paragraph “a” above.
Duly executed and notarized written authorizations, fully compliant
with
the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
and the regulations applicable thereto and expiring no less than six (6)
months after the date of signature, permitting the undersigned or their
Tepresentative to inspect and obtain photostatic copies of the records
of
any and all hospitals wherein Plaintiff was treated and/or confined,
including all x-ray reports.
Names and addresses of all insurance carriers, including disability, no-
fault, or workers compensation carriers who have received claims and/or
provided benefits to the plaintiff as a result of any injury resulting from
the occurrence giving rise to this litigation.
Duly executed and acknowledged written authorizations, fully compliant
with the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the regulations applicable thereto and expiring no
less than
six (6) months after the date of signature, permitting the undersigned or
their representative to inspect and obtain photostatic copies of all
insurance records and files maintained by those carriers referred to in
paragraph "d" above.
Duly executed and acknowledged written authorizations, fully compli
ant
with the Health Insurance Portability and Accountability Act of
1996
(HIPAA) and the regulations applicable thereto and expiring no less than
six (6) months after the date of signature, permitting the undersigned or
their representative to inspect and obtain photostatic copies of all workers
compensation records and files maintained either by those workers
compensation carriers referred to in paragraph "d" above or maintained by
The Workers Compensation Board.
Duly executed and acknowledged written authorizations, fully compliant
with the Health Insurance Portability and Accountability Act of 1996
(HIPAA) and the regulations applicable thereto and expiring no less
than
six (6) months after the date of signature, permitting the undersigned
or
his representative to inspect and obtain photostatic copies of all
employment records and files maintained by plaintiff's employer. If
plaintiff is self-employed, then written authorizations, fully compliant with
the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
and the regulations applicable thereto and expiring no less than six (6)
months after the date of signature, permitting the undersigned or their
Tepresentative to inspect and obtain photostatic copies of plaintiff's IRS
tax returns for the year of accident and two years prior to the date of
ED EEE EE OOOO OO
accident, including two forms of identification customarily required by the
IRS to obtain such records.
In lieu of appearing at the stated time and place, you may send by the time
required copies of the documents and a statement that you are furnishing them pursuant
to this
notice.
PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to
continue during the pendency of this action, including the trial thereof. In the event of refusal
to
comply with this demand, the defendant shall seek to preclude the testimony of any parties
in
relation to the information and documentation sought herein.
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attornesy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
RCM.:(LF) SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY
SST Tt OF NEW
TS YORK conn ene eee eee eee
SHELLEY KARTEN and MARK KARTEN,
INDEX NO.:
Plaintiffs, | 151650/14
- against -
500-512 SEVENTH AVENUE LP, LLC., NEWMARK | COMBINED
GRUBB KNIGHT FRANK and CONSOLIDATED EDISON | DEMAND
COMPANY OF NEW YORK, INC.,
een tenet eee ee eee ee ee eee eee
eee efendants.
weceeceeee rene
|
t
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3 120, the undersi
gned
defendant herewith demands that you produce within twenty (20) days at
the Law Offices of
David M. Santoro, located at 4 Irving Place, New York, NY 10003,
the following information:
() Set forth in writing the name and address of each witness to the following:
(a) The occurrence.
(b) Any act or condition causing the occurrence.
(©) Any actual notice given to the defendants.
@ The duration of the condition.
At the time of trial, an objection will be made to the testimony of
any witnesses
not identified. State in the reply if the plaintiff knows of no witnesses.
(2) Produce any statement of a party, or an officer, agent, or employee
of the
defendant.
OUR FILE #:
S-0148-14/
FNO377283
(3) Produce any photographs/pictures/films under the control of the plaintif
f(s)
and/or defendant(s) or the attorneys or Tepresentatives of the defendant(s) showing
the scene of the
occurrence alleged to represent the scene as of the time of accident, or of the
plaintiff at anytime. At
the time of trial, an objection will be made to the admissibility of any photographs/pi
ctures/films not
produced. State in the reply if no photographs/pictures/films are in your possession.
(4) Identify each person expected to be called as an expert witness at trial.
Disclose in reasonable detail:
(a) the subject matter on which each expert is expected to testify;
(b) the substance of the facts and opinions on which each expert is
expected to testify;
(c the qualifications of each expert witnessand,
@) a summary of the grounds for each expert's opinion.
In lieu of appearing at the stated time and place, you may send by the time
required copies of the documents and a statement that you are furnishing them
pursuant to this
notice.
PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to
continue during the pendency of this action, including the trial thereof. In the event
of refusal to
comply with this demand, the defendant shall seek to preclude the testimony of any
parties in
relation to the information and documentation sought herein.
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attormesy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
RCM:mb(LF) SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY
SESSA LSSOF NEW
TEE YORK
ee eee ce ee eee eee,
SHELLEY KARTEN and MARK KARTEN,
INDEX NO.:
Plaintiffs. 151650/14
- against -
NOTICE OF
500-512 SEVENTH AVENUE LP, LLC., NEWMARK REFUSAL TO ACCEPT
GRUBB KNIGHT FRANK and CONSOLIDATED EDISON SERVICE BY
COMPANY OF NEW YORK, INC., FACSIMILE
wenn een ee eee eee ee eee eee eee eee Defendants.
eas:
COUNSELORS:
PLEASE TAKE NOTICE that the undersigned, as attorney for Consolidated
Edison Company of New York, Inc. in the above captioned matter, will not accept service
of
legal pleadings, proceedings or documents by facsimile in this matter.
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
OUR FILE THE SAFTLER LAW FIRM
S-0148-14/ Attomesy for Plaintiffs
FN0377283 275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
RCM.(LF) SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY
cron OF NEW YORK
n enter nee ene ete
ne eee eee eee eee ee nee ce cee eeeeeeeeee
SHELLEY KARTEN and MARK KARTEN,
INDEX NO.:
Plaintiffs, 151650/14
- against -
|| DEMAND FOR
500-512 SEVENTH AVENUE LP, LLC., NEWMARK | EXPERT WITNESS
GRUBB KNIGHT FRANK and CONSOLIDATED EDISON INFORMATION
COMPANY OF NEW YORK, INC.,
water t nee eee eee Defendants.
See
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3101(d) of the Civil
Practice Law and Rules, the undersigned hereby requests that you produce
at the Law Offices of
David M. Santoro, 4 Irving Place, Room 1800, New York, New York 10003-3
598, the following
information:
Identify each person the party upon whom this request is served expects to
call as an expert witness at the time of the action.
The subject matter in reasonable detail on which each expert named above
is expected to testify at the trial of the action.
The substance of the facts and opinions on which each expert named
above is expected to testify at the trial of the action.
4 The qualifications of each expert named above.
5 A summary of the grounds for each expert's opinion.
PLEASE TAKE NOTICE, that this request shall be deemed to be a continu
ing
OUR FILE:
S-0148-14/ Tequest as to any matters or information requested herein which may become availabl
e for
FN0377283
discovery at a future time up to and including the time of trial.
PLEASE TAKE FURTHER NOTICE, that upon your failure
to comply with
the foregoing requests the undersigned will move the Court to
preclude the testimony of your
expert(s).
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attornesy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
Se
RCM:(LF) SUPREME COURT OF THE STATE OF NEW YORK
Cc 'Y OF
SOT NEW YORK eee
04/03/14 Wee SE ee eee ener ene ee eee:
SHELLEY KARTEN and MARK KARTEN,
INDEX NO.:
Plaintiffs, 151650/14
- against - NOTICE TO TAKE
DEPOSITION UPON
500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB ORAL QUESTIONS
KNIGHT FRANK and CONSOLIDATED EDISON COMPANY
OF NEW YORK, INC.,
- wees aeeeee ee Defendants.
~
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Article 31 the deposition,
upon oral questions, will be taken of plaintiffs, SHELLEY KARTEN and MARK KARTEN,
and defendants, 500-512 SEVENTH AVENUE LP, LLC. and NEWMARK GRUBB
KNIGHT FRANK, by an officer having knowledge of the facts, or one of its/their respective
agents, servants and/or employees, before a person authorized by the State of New York to
administer oaths, at 60 Centre Street, New York, New York 10003, at 10:00 a.m. on a date to
be agreed upon between the parties, with respect to all evidence, material and necessary in the
prosecution or defense of this action.
This person to be examined is required to produce all relevant books, papers and
other things in his possession, custody or control, to be marked as exhibits and used on the
examination.
Dated: New York, New York
April 3, 2014.
OUR FILE #:
S-0148-14/
FN0377283
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attornesy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
RCM:(LF) SUPREME COURT OF THE STATE OF NEW YORK
04/03/14 COUNTY
SESSA OF NEW
SSE SE YORK eee
Se en eee
SHELLEY KARTEN and MARK KARTEN, INDEX NO.:
151650/14
Plaintiffs,
- against - NOTICE OF
|
|
DISCOVERY AND
500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB | INSPECTION FOR
KNIGHT FRANK and CONSOLIDATED EDISON COMPANY || COLLATERAL
OF NEW YORK, INC., SOURCE
|
| REIMBURSEMENT
Defendants. |
ween ee eee eee een eee eee eee ene
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to CPLR Article 31 and CPLR §4545,
the undersigned herewith demands that you produce within twenty (20) days the authorizations
specified and for discovery and inspection, the following records, with leave to photocopy, at the
Law Offices of David M. Santoro, Esq., 4 Irving Place, New York, NY 10003:
1 All documents in the plaintiff's possession with respect to reimbursement
which the plaintiff has received from collateral sources for the cost of
medical care, custodial care, rehabilitation sources, loss of earnings and
other economic loss which the plaintiffs will claim as special damages in
this action.
Such documents shall include any and all bills and invoices for the
services rendered and canceled checks or receipts with respect to their
payment, correspondence, health and disability forms, and Medicare and
Medicaid documents, Department of Human Resources documents,
Department of Social Services documents, Welfare Department
documents, Social Security documents, and Social Security Disability
documents.
Duly executed HIPAA-compliant authorizations permitting the defendant
to obtain records of any person, institution, facility, or governmental
agency which has provided, or will provide any reimbursement for any of
the special damages alleged herein, whether or not such person,
organization, facility or governmental agency has been listed in response
to paragraph 1, above.
OUR FILE #:
S-0148-14/
FN0377283
In lieu of appearing at the stated time and place, you may send by the time
required the authorizations and copies of the demanded documents with a statement that you are
producing them pursuant to this notice.
PLEASE TAKE FURTHER NOTICE, that these demands shall be deemed to
continue during the pendency of this action, including the trial thereof. In the event of refusal to
comply with these demands, the defendant shall seek the appropriate sanctions at or prior to the
time of trial.
Dated: New York, New York
April 3, 2014.
Yours, etc.,
DAVID M. SANTORO
Attorney for Defendant
Consolidated Edison Company
of New York, Inc.
Address:
4 Irving Place, Room 1800
Borough of Manhattan
New York, New York 10003-3598
TO:
LAWRENCE B. SAFTLER, ESQ.
THE SAFTLER LAW FIRM
Attornesy for Plaintiffs
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
SHELLEY KARTEN and MARK KARTEN,| INDEX NO.:
151650/14
Plaintiffs,
|
- against — | DEMAND PURSUANT
| TO CPLR 2103(e)
500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB
KNIGHT FRANK and CONSOLIDATED EDISON COMPANY OF
NEW YORK, INC., :
|
Defendants. |
——
SIR(S):
PLEASE TAKE NOTICE, that demand is herewith made by Consolidated Edison Company of
New York, Inc., a party to this action, pursuant to CPLR 2103(e), that you furnish to the undersigned a
list of the parties who appeared in this action and the names and addresses of their attorneys.
Dated: New York, New York
April 3, 2014
Yours etc.,
DAVID M. SANTORO, ESQ.
TO: Attorney for
Consolidated Edison Company of New York, Inc.
LAWRENCE B. SAFTLER, ESQ. 4 Irving Place
THE SAFTLER LAW FIRM New York, NY 10003
Attornesy for Plaintiffs Tel. No. (212) 460-3355
275 MADISON AVENUE - SUITE. 1605
NEW YORK, NEW YORK 10016
Defendant, 500-512 SEVENTH AVENUE LP, LLC. appears
By: Esq.
Address:
Defendant, NEWMARK GRUBB KNIGHT FRANK
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(FILED: NEW YORK COUNTY CLERK 0470772014) INDEX Ni 151650/2014 NYSCEF DOC. NO. 5 RECEIVED NYSCEF 04/07/2014 . Davip M. SANTORO ATTORNEY FOR CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. 4 IRVING PLACE NEW YORK, N.Y. 10003 TEL. NO. (212) 460-3355 Counselors: Enclosed herein is Consolidated Edison Company of New York, Inc.’s: Demand for a Verified Bill of Particulars Demand for Medical Records and Employment Recor ds and Authorizations Notice of Discovery and Inspection for Medicaid/M edicare Liens Notice for Discovery and Inspection Combined Demand Notice for Discovery and Inspection of Plaintiff Notice for Discovery and Inspection of The City of New York Third Party Notice for Discovery and Inspection Notice of Discovery and Inspection for Collateral Source Reimbursement Demand for Expert Witness Information Notice of Refusal to Accept Service by Facsimile Notice to Take Deposition Upon Oral Questions Notice for Discovery and Ins pection for Reimbursemen t for Property Damage First Notice to Produce Documents Demand Pursuant to CPLR 21 03(e) The undersigned certifies that to the best of m 'y knowledge, information and belief that, as presented, served and/or filed, they are not frivolous as defined in Section 130-1. 1(a) and (c) of the Rules of the Chief Administratoi r of the Courts (22 N.Y.C.R.R.) Very truly yours, David M. Santoro 170290 By L RCM:mb(LF) SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY Steere OF NEW YORK eee eee wane eee eee eeeeee SHELLEY KARTEN and MARK KARTEN, | INDEX NO.: Plaintiffs, 151650/14 - against - | DEMAND FOR A 500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB _ VERIFIED BILL KNIGHT FRANK and CONSOLIDATED EDISON COMPANY | OF PARTICULARS OF NEW YORK, INC., acne eens teenene eee eee e Defendants. en ee eee cent eee a enee COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR §§3041, 3042 and 3044, you. are required to serve the attorney for defendant, Consolidated Edison Company of New York, Inc., at 4 Irving Place, New York, NY 10003, within thirty (30) days after service of this demand, a Verified Bill of Particulars, setting forth the following: 1 Plaintiff's date of birth, Social Security Number and residence. 2 Is the plaintiff Medicare eligible? Has the plaintiff applied for or received any Medicare payments in connection with the injury alleged in this lawsuit? The date and time of the occurrence. The exact location of the occurrence. A general description of the occurrence. A statement of each defendant's negligence. A detailed description of the defect which caused the occurrence. Whether actual or constructive notice is claimed. OUR FILE #: 10. The facts supporting any claim of actual notice of a defect, including: S-0148-14/ FN0377283 (a) The date or dates of each notice. (b) The names of the agents or employees of the defendant receiving notice. (©) The name of the individual giving notice. (ad) The precise language of the notice. () The form of the notice (oral or written). 11 The facts supporting any claim of constructive notice, including the length of time the condition existed prior to the occurrence. 12 Any statute, ordinance, or regulation violated by the defendant. 13 The names and addresses of all witnesses, including occurrence and notice witnesses. 14. The nature and duration of each injury. 15 The length of time plaintiff was confined to (a) hospital, (b) bed, and (c) home. 16. The cost of: (a) hospital, (b) medical, (c) x-rays, (d) nurses, (e) medicines, (f) medical supplies, and (g) any other medical expenses. 17 The dollar value of other damages, item by item. 18 Plaintiff's occupation, name and address of employer, dates absent from employment, and amount of lost earnings. If a student, name and address of school, grade and dates absent. a) the method of calculation used to derive any and all lost earnings claimed; and b) the name and address of any entity, carrier, or organization providing plaintiff with compensation for any lost earnings claimed, including, but not limited to No Fault compensation and Workers Compensation. 19, State whether or not plaintiff has been reimbursed for claims of economic loss from any collateral source and, if so, set forth: a) the amount of reimbursement received and the name and addre sses of the person, firm or organization from whom such reimbursement was received: and, b) if such reimbursement was made by an insurance company, state the number of the policy under which it was paid. 20. State whether or not plaintiff has made a claim for reimbursement for economic loss to any collateral source and said claim has not as yet been paid and, if so, set forth: a) the name and address of the Person, corporation or organization to whom such claim was presented, the date of presentation and the amount claimed; and b) if such reimbursement was presented to an insurance compa ny, state the policy number under which it was made. Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attornesy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 RCM:(LF) SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY wisest OF NEW YORK ee ean a nnn eee eee eee eee SHELLEY KARTEN and MARK KARTEN, _INDEX NO.: Plaintiffs, | 151650/14 | - against - | NOTICE FOR DISCOVERY 500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB _ AND INSPECTION FOR KNIGHT FRANK and CONSOLIDATED EDISON COMPANY MEDICARE OR OF NEW YORK, INC., | MEDICAID LIENS wate cence ee eee e reenter eee eae e eee ee eee Defendants. nent eeee ee eeeeee ed PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby required to produce at the offices of DAVID M. SANTORO, the attorney for the defendant, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., within thirty (30) days, the following documents, items and information for discovery, inspection and/or copying: 1 A statement as to whether the plaintiff has received benefits from Medicaid, Medicare or any Medicare insurance program at any time, for any reason, not limited to the injuries alleged in the instant action. Please state and/or provide: a. Plaintiff's full name; b, Plaintiff's gender; Plaintiff's date of birth; Plaintiff's Social Security number; Is Plaintiff enrolled in Medicare Part D? Is Plaintiff enrolled in Medicare Part B? OUR FILE #: S-0148-14/ Plaintiff's residence telephone number; FN0377283 The Health Insurance Claim Number and/or Medicare/Medicaid file number; A copy of the plaintiff's health insurance (Medicare) card; The address of the office handling the plaintiff's Medicare/Medicaid claims and/or benefits; A duly executed authorization bearing plaintiff's date of birth and Social Security number permitting this firm and/or the tepresentatives of defendant to obtain copies of plaintiff's Medicaid records; A duly executed consent to release (see http://www.mspre.info/forms/ConsenttoRelease.pdf), valid for at least three years, which permits this firm to obtain plaintiff's Medicare records and to communicate with Medicare and its contractors (MSPRC or COBC); Identify any ICD-9 codes reported to Medicare and/or its contractors as alleged to be related to injuries sustained in the incident which is the subject of this litigation. 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 Medica id benefits, including copies of all documents provided to or received from the Medicar e and/or Medicaid administrators and/or contractors, including but not limited to: a. Case reporting correspondence to Medicare COBC (Coordination of Benefits Contractor) Rights and responsibilities letter; Conditional payment letters; Payment summary forms Demand/Recovery letters Final demand letters 4 Please provide a copy of any claims summaries from Medicaid, Medicare or any Medicare insurance program. 5 If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive Medicare and/or Medicaid benefits. 6. Has the plaintiff applied for Social Security Disability Benefits? If so, when? Was the application denied? Is plaintiff appealing or re-filing for Social Security Disability benefits? Has plaintiff received dialysis treatment for kidney disease? Has plaintiff received treatment for End-Stage Renal Disease? If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased, please provide the following: a. Relationship of the administrator of plaintiff's estate to plaintiff's decedent; Name and address of plaintiff's administrator; Telephone number and/or e-mail address of plaintiff's administrator; Social Security number of plaintiff's administrator; An authorization to examine and copy deceased’s Medicare and/or Medicaid records. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information within thirty (30) days of the date of this demand. PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand for Medicare/Medicaid information may result in the necessity of a motion to compel discovery accompanied by a request for the appropriate costs. Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1850 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attoresy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 RCM:mb(LF SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY OF NEWSET Tas eee e soto YORK eee ec eee ee eee eee eee, SHELLEY KARTEN and MARK KARTEN, INDEX NO.: Plaintiffs, 151650/14 - against - DEMAND FOR 500-512 SEVENTH AVENUE LP, LLC., NEWMARK MEDICAL AND GRUBB KNIGHT FRANK and CONSOLIDATED EDISON EMPLOYMENT COMPANY OF NEW YORK, INC., RECORDS AND AUTHORIZATIONS Defendants. wececeecenee eel COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3120, the undersigned defendant herewith demands that you produce the authorizations specified and for the discovery and inspection of the records demanded, with leave to photocopy, at the office of the undersigned within twenty (20) days from the date hereof the following: a. Names and addresses and copies of any and all reports of those physicians and health care providers who have treated and/or examined plaintiff, Shelley Karten, and the names of all prescriptions by those physicians and health care providers issued to the examined plaintiff and the names and addresses of pharmacies at which said prescriptions issued by the aforementioned physicians and health care providers were filled, as a result of any injury (including prior injury) to the part or parts of the body allegedly injured as a result of the occurrence giving rise to this litigation, including any and all diagnostic reports, and ambulance call reports, and; Duly executed and acknowledged written authorizations, fully compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations applicable thereto and expiring no less than six (6) months after the date of signature, permitting the undersigned or their representative to inspect and obtain photostatic copies of the records, office charts, nurses' notes, diagnostic studies, X-rays and any other records maintained by plaintiff(s) insurer(s) and by those physicians and OUR FILE #: health care facilities referred to in paragraph nata" above, and permitting the S-0148-14/ undersigned or their representative to inspect and obtain photostatic copies FN0377283 of all records of filled pharmacy prescriptions identified and referred to in paragraph “a” above. Duly executed and notarized written authorizations, fully compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations applicable thereto and expiring no less than six (6) months after the date of signature, permitting the undersigned or their Tepresentative to inspect and obtain photostatic copies of the records of any and all hospitals wherein Plaintiff was treated and/or confined, including all x-ray reports. Names and addresses of all insurance carriers, including disability, no- fault, or workers compensation carriers who have received claims and/or provided benefits to the plaintiff as a result of any injury resulting from the occurrence giving rise to this litigation. Duly executed and acknowledged written authorizations, fully compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations applicable thereto and expiring no less than six (6) months after the date of signature, permitting the undersigned or their representative to inspect and obtain photostatic copies of all insurance records and files maintained by those carriers referred to in paragraph "d" above. Duly executed and acknowledged written authorizations, fully compli ant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations applicable thereto and expiring no less than six (6) months after the date of signature, permitting the undersigned or their representative to inspect and obtain photostatic copies of all workers compensation records and files maintained either by those workers compensation carriers referred to in paragraph "d" above or maintained by The Workers Compensation Board. Duly executed and acknowledged written authorizations, fully compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations applicable thereto and expiring no less than six (6) months after the date of signature, permitting the undersigned or his representative to inspect and obtain photostatic copies of all employment records and files maintained by plaintiff's employer. If plaintiff is self-employed, then written authorizations, fully compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations applicable thereto and expiring no less than six (6) months after the date of signature, permitting the undersigned or their Tepresentative to inspect and obtain photostatic copies of plaintiff's IRS tax returns for the year of accident and two years prior to the date of ED EEE EE OOOO OO accident, including two forms of identification customarily required by the IRS to obtain such records. In lieu of appearing at the stated time and place, you may send by the time required copies of the documents and a statement that you are furnishing them pursuant to this notice. PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during the pendency of this action, including the trial thereof. In the event of refusal to comply with this demand, the defendant shall seek to preclude the testimony of any parties in relation to the information and documentation sought herein. Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attornesy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 RCM.:(LF) SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY SST Tt OF NEW TS YORK conn ene eee eee eee SHELLEY KARTEN and MARK KARTEN, INDEX NO.: Plaintiffs, | 151650/14 - against - 500-512 SEVENTH AVENUE LP, LLC., NEWMARK | COMBINED GRUBB KNIGHT FRANK and CONSOLIDATED EDISON | DEMAND COMPANY OF NEW YORK, INC., een tenet eee ee eee ee ee eee eee eee efendants. weceeceeee rene | t COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3 120, the undersi gned defendant herewith demands that you produce within twenty (20) days at the Law Offices of David M. Santoro, located at 4 Irving Place, New York, NY 10003, the following information: () Set forth in writing the name and address of each witness to the following: (a) The occurrence. (b) Any act or condition causing the occurrence. (©) Any actual notice given to the defendants. @ The duration of the condition. At the time of trial, an objection will be made to the testimony of any witnesses not identified. State in the reply if the plaintiff knows of no witnesses. (2) Produce any statement of a party, or an officer, agent, or employee of the defendant. OUR FILE #: S-0148-14/ FNO377283 (3) Produce any photographs/pictures/films under the control of the plaintif f(s) and/or defendant(s) or the attorneys or Tepresentatives of the defendant(s) showing the scene of the occurrence alleged to represent the scene as of the time of accident, or of the plaintiff at anytime. At the time of trial, an objection will be made to the admissibility of any photographs/pi ctures/films not produced. State in the reply if no photographs/pictures/films are in your possession. (4) Identify each person expected to be called as an expert witness at trial. Disclose in reasonable detail: (a) the subject matter on which each expert is expected to testify; (b) the substance of the facts and opinions on which each expert is expected to testify; (c the qualifications of each expert witnessand, @) a summary of the grounds for each expert's opinion. In lieu of appearing at the stated time and place, you may send by the time required copies of the documents and a statement that you are furnishing them pursuant to this notice. PLEASE TAKE FURTHER NOTICE, that this demand shall be deemed to continue during the pendency of this action, including the trial thereof. In the event of refusal to comply with this demand, the defendant shall seek to preclude the testimony of any parties in relation to the information and documentation sought herein. Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attormesy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 RCM:mb(LF) SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY SESSA LSSOF NEW TEE YORK ee eee ce ee eee eee, SHELLEY KARTEN and MARK KARTEN, INDEX NO.: Plaintiffs. 151650/14 - against - NOTICE OF 500-512 SEVENTH AVENUE LP, LLC., NEWMARK REFUSAL TO ACCEPT GRUBB KNIGHT FRANK and CONSOLIDATED EDISON SERVICE BY COMPANY OF NEW YORK, INC., FACSIMILE wenn een ee eee eee ee eee eee eee eee Defendants. eas: COUNSELORS: PLEASE TAKE NOTICE that the undersigned, as attorney for Consolidated Edison Company of New York, Inc. in the above captioned matter, will not accept service of legal pleadings, proceedings or documents by facsimile in this matter. Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. OUR FILE THE SAFTLER LAW FIRM S-0148-14/ Attomesy for Plaintiffs FN0377283 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 RCM.(LF) SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY cron OF NEW YORK n enter nee ene ete ne eee eee eee eee ee nee ce cee eeeeeeeeee SHELLEY KARTEN and MARK KARTEN, INDEX NO.: Plaintiffs, 151650/14 - against - || DEMAND FOR 500-512 SEVENTH AVENUE LP, LLC., NEWMARK | EXPERT WITNESS GRUBB KNIGHT FRANK and CONSOLIDATED EDISON INFORMATION COMPANY OF NEW YORK, INC., water t nee eee eee Defendants. See COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3101(d) of the Civil Practice Law and Rules, the undersigned hereby requests that you produce at the Law Offices of David M. Santoro, 4 Irving Place, Room 1800, New York, New York 10003-3 598, the following information: Identify each person the party upon whom this request is served expects to call as an expert witness at the time of the action. The subject matter in reasonable detail on which each expert named above is expected to testify at the trial of the action. The substance of the facts and opinions on which each expert named above is expected to testify at the trial of the action. 4 The qualifications of each expert named above. 5 A summary of the grounds for each expert's opinion. PLEASE TAKE NOTICE, that this request shall be deemed to be a continu ing OUR FILE: S-0148-14/ Tequest as to any matters or information requested herein which may become availabl e for FN0377283 discovery at a future time up to and including the time of trial. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the foregoing requests the undersigned will move the Court to preclude the testimony of your expert(s). Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attornesy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 Se RCM:(LF) SUPREME COURT OF THE STATE OF NEW YORK Cc 'Y OF SOT NEW YORK eee 04/03/14 Wee SE ee eee ener ene ee eee: SHELLEY KARTEN and MARK KARTEN, INDEX NO.: Plaintiffs, 151650/14 - against - NOTICE TO TAKE DEPOSITION UPON 500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB ORAL QUESTIONS KNIGHT FRANK and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., - wees aeeeee ee Defendants. ~ COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Article 31 the deposition, upon oral questions, will be taken of plaintiffs, SHELLEY KARTEN and MARK KARTEN, and defendants, 500-512 SEVENTH AVENUE LP, LLC. and NEWMARK GRUBB KNIGHT FRANK, by an officer having knowledge of the facts, or one of its/their respective agents, servants and/or employees, before a person authorized by the State of New York to administer oaths, at 60 Centre Street, New York, New York 10003, at 10:00 a.m. on a date to be agreed upon between the parties, with respect to all evidence, material and necessary in the prosecution or defense of this action. This person to be examined is required to produce all relevant books, papers and other things in his possession, custody or control, to be marked as exhibits and used on the examination. Dated: New York, New York April 3, 2014. OUR FILE #: S-0148-14/ FN0377283 Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attornesy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 RCM:(LF) SUPREME COURT OF THE STATE OF NEW YORK 04/03/14 COUNTY SESSA OF NEW SSE SE YORK eee Se en eee SHELLEY KARTEN and MARK KARTEN, INDEX NO.: 151650/14 Plaintiffs, - against - NOTICE OF | | DISCOVERY AND 500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB | INSPECTION FOR KNIGHT FRANK and CONSOLIDATED EDISON COMPANY || COLLATERAL OF NEW YORK, INC., SOURCE | | REIMBURSEMENT Defendants. | ween ee eee eee een eee eee eee ene COUNSELORS: PLEASE TAKE NOTICE, that pursuant to CPLR Article 31 and CPLR §4545, the undersigned herewith demands that you produce within twenty (20) days the authorizations specified and for discovery and inspection, the following records, with leave to photocopy, at the Law Offices of David M. Santoro, Esq., 4 Irving Place, New York, NY 10003: 1 All documents in the plaintiff's possession with respect to reimbursement which the plaintiff has received from collateral sources for the cost of medical care, custodial care, rehabilitation sources, loss of earnings and other economic loss which the plaintiffs will claim as special damages in this action. Such documents shall include any and all bills and invoices for the services rendered and canceled checks or receipts with respect to their payment, correspondence, health and disability forms, and Medicare and Medicaid documents, Department of Human Resources documents, Department of Social Services documents, Welfare Department documents, Social Security documents, and Social Security Disability documents. Duly executed HIPAA-compliant authorizations permitting the defendant to obtain records of any person, institution, facility, or governmental agency which has provided, or will provide any reimbursement for any of the special damages alleged herein, whether or not such person, organization, facility or governmental agency has been listed in response to paragraph 1, above. OUR FILE #: S-0148-14/ FN0377283 In lieu of appearing at the stated time and place, you may send by the time required the authorizations and copies of the demanded documents with a statement that you are producing them pursuant to this notice. PLEASE TAKE FURTHER NOTICE, that these demands shall be deemed to continue during the pendency of this action, including the trial thereof. In the event of refusal to comply with these demands, the defendant shall seek the appropriate sanctions at or prior to the time of trial. Dated: New York, New York April 3, 2014. Yours, etc., DAVID M. SANTORO Attorney for Defendant Consolidated Edison Company of New York, Inc. Address: 4 Irving Place, Room 1800 Borough of Manhattan New York, New York 10003-3598 TO: LAWRENCE B. SAFTLER, ESQ. THE SAFTLER LAW FIRM Attornesy for Plaintiffs 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK SHELLEY KARTEN and MARK KARTEN,| INDEX NO.: 151650/14 Plaintiffs, | - against — | DEMAND PURSUANT | TO CPLR 2103(e) 500-512 SEVENTH AVENUE LP, LLC., NEWMARK GRUBB KNIGHT FRANK and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., : | Defendants. | —— SIR(S): PLEASE TAKE NOTICE, that demand is herewith made by Consolidated Edison Company of New York, Inc., a party to this action, pursuant to CPLR 2103(e), that you furnish to the undersigned a list of the parties who appeared in this action and the names and addresses of their attorneys. Dated: New York, New York April 3, 2014 Yours etc., DAVID M. SANTORO, ESQ. TO: Attorney for Consolidated Edison Company of New York, Inc. LAWRENCE B. SAFTLER, ESQ. 4 Irving Place THE SAFTLER LAW FIRM New York, NY 10003 Attornesy for Plaintiffs Tel. No. (212) 460-3355 275 MADISON AVENUE - SUITE. 1605 NEW YORK, NEW YORK 10016 Defendant, 500-512 SEVENTH AVENUE LP, LLC. appears By: Esq. Address: Defendant, NEWMARK GRUBB KNIGHT FRANK