Preview
INDEX NO. 150828/2014
FILED: NEW YORK COUNTY CLERK 04/01/2014
NYSCEF DOC. NO. 11 RECEIVED NYSCEF 04/01/2014
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
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JOAO REYES, Index No.: 150828/2014 E-File
Plaintiff,
VERIFIED ANSWER,
-against- DEMAND FOR WRITTEN
INTERROGATORIES,
423 WEST 55th STREET, LLC and WEST 55th CROSS-CLAIMS, COMBINED
STREET BUILDING, LLC and RESOURCE DEMANDS AND NOTICE TO
CONSTRUCTION CORP., TAKE DEPOSITION
Defendants.
423 WEST 55th STREET, LLC and WEST 55th
STREET BUILDING, LLC,
Third-Party Plaintiffs,
-against-
CITYWIDE ELECTRIC WIRING INC. and
THE RELATED COMPANIES, L.P.,
Third-Party Defendants.
-
The defendant, RESOURCE CONSTRUCTION CORP., by TORINO &
BERNSTEIN, P.C., answering the complaint of the plaintiff herein, respectfully alleges
upon information and belief:
1 Denies any knowledge or information sufficient to form a belief as to the allegations
contained in the paragraphs designated "1", "2", "3", "4", "8" and "9" of plaintiff's
complaint.
Denies each and every allegation contained in paragraphs designated "6", "10",
"42" and "13" of plaintiff's complaint, and refers all questions and conclusions of law
to this Honorable Court.
Denies each and every allegation contained in paragraph designated "7" of
plaintiff's complaint except admits that Citywide Electric Wiring, Inc. was retained
by RESOURCE CONSTRUCTION CORP. to perform certain electrical work at said
premises, of which it was solely responsible for the means and methods used.
Denies each and every allegation contained in paragraph designated "11" of
plaintiffs complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Plaintiff fails to have a cause of action and fails to state a cause of action against
this answering defendant upon which any relief can be granted by this Court.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
Plaintiff's own actions, omissions, negligent conduct and/or lack of due care resulted
in and/or caused the alleged injuries to plaintiff.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
Plaintiff was comparatively negligent and said conduct was the sole proximate
cause of the occurrence.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Upon information and belief, the incident complained of in the plaintiffs’ complaint
was proximately caused by the misuse, abuse and/or alteration of the premises by
plaintiff, or his coworker and/or the misuse, and careless and reckless operation of
the premises by co-defendant and not any act or omission by this answering
defendant.
AS AND FOR A_FIFTH AFFIRMATIVE DEFENSE
In response to the allegations set forth in the complaint, this answering defendant,
at the time period alleged in the complaint, did not own, operate, control or maintain
the instrumentality, object or portion of the premises and/or location whereat plaintiff
accident is alleged to have occurred, which is the subject of this litigation which
plaintiff claims caused the injuries complained of in the Verified Complaint.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
10 That the injuries of plaintiff, if any, were caused or contributed to, in whole or in part,
by intervening and superseding causative factors and therefore the claims of
plaintiff against this defendant should be barred.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
11 This answering defendant alleges, pursuant to Section 1412 of the CPLR, upon
information and belief that if plaintiff sustained any injuries or damages at the time
and place alleged in the Complaint, such injuries or damages were the result of
culpable conduct of the plaintiff or the plaintiffs assumption of risk.
12 Should it be found, however, that the answering defendant is liable to the plaintiff
herein, any liability being specifically denied, then the answering defendant alleges
that if any damages are found they are to be apportioned among the plaintiff and
defendants according to the degree of responsibility that each is found to have in
the occurrence, in proportion to the entire measure of responsibility for the
occurrence.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
13 Plaintiff failed to take any or sufficient action or that action which was necessary to
mitigate or minimize the damages allegedly sustained.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
14 Defendant asserts that this case falls within the limited liability provisions of Section
1601 of the Civil Practice Law and Rules, and that the defendant's liability, if any,
shall be limited to its equitable share of the total liability.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
15. Upon information and belief, plaintiffs claims for medical treatment, dental
treatment, custodial care, rehabilitation services, loss of earnings, or other economic
loss are subject to the provisions of Rule 4545(c) of the Civil Practice Law and
Rules and any and all such past or future costs or expenses which were or will be
replaced or indemnified in whole or in part, from any collateral source are not
recoverable in this action.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
16 That if plaintiff was caused to sustain an injury as a result of any substance, object
or condition, claimed by plaintiff to have caused and/or contributed to this accident,
such substance, object or condition, the existence of which is denied by this
answering defendant, was in plain sight, open and obvious, and had plaintiff
exercised due care as required by his profession, using his training, education, sight
and senses as a reasonable person, plaintiff would have completely avoided this
accident.
17 Further, if it is shown that plaintiff was caused to sustain an injury as a result of any
substance, object or condition, claimed by plaintiff to have caused and/or
contributed to this accident, such substance, object or condition was created,
introduced or caused by persons or parties unknown to this answering defendant
and over whom this answering defendant exercised no authority or control and that
this answering defendant did not have prior notice of the existence of such
substance, object or condition.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
18 That said portion of the work performed by this answering defendant was done in
accordance with generally accepted industry practices and protocols then in effect
and in compliance with all applicable laws, codes, rules and regulations.
AS AND FOR A CROSS-COMPLAINT OVER AND AGAINST
CO-DEFENDANTS, 423 WEST 55th STREET, LLC
WEST 55th STREET BUILDING, LLC, and CITYWIDE ELECTRIC WIRING INC.
PURSUANT TO CPLR 3019(b) AND THE RULE OF DOLE v DOW
(30 N.Y.S.2d 143), THIS ANSWERING DEFENDANT
ALLEGES UPON INFORMATION AND BELIEF:
17 That if the plaintiff was caused to sustain damages at the time and place set forth
in the Complaint and in the manner alleged therein through any carelessness,
recklessness, acts or omissions, negligence and/or breaches of duty and/or
warranty and/or contract other than of the plaintiff, then said damages arose out of
the several and joint carelessness, recklessness, acts, omissions, negligence, and
breaches of duty and/or obligation, and/or statute, and/or warranty, and/or contract
in fact or implied in law, upon the part of the co-defendants, 423 WEST 55th
STREET, LLC, WEST 55th STREET BUILDING, LLC and CITYWIDE ELECTRIC
WIRING INC., without any breaches or any negligence of defendant, RESOURCE
CONSTRUCTION CORP., contributing thereto; and if this pleading defendant is
found liable as to the plaintiff for the damages set forth in the plaintiff's Complaint
then, and in that event, the relative responsibilities of said defendant in all fairness
must be apportioned by a separate determination, in view of the existing factual
disparity, and co-defendant, 423 WEST 55th STREET, LLC, WEST 55th STREET
BUILDING, LLC, and CITYWIDE ELECTRIC WIRING INC. will be liable over jointly
and severally to defendant, RESOURCE CONSTRUCTION CORP., and bound to
fully indemnify and hold this pleading defendant harmless for the full amount of any
verdict or judgment that the plaintiff herein may recover against this defendant,
including all costs of investigation, disbursements, expenses and attorney's fees
incurred in the defense of this action and in the conduct of the cross-complaint.
WHEREFORE, the defendant, RESOURCE CONSTRUCTION CORP., demands
judgment dismissing the complaint herein as to this answering defendant, and further
demands judgment over and/or apportionment amongst all parties in accordance with their
degree of responsibility, together wit s and disbursements of this action.
Dated: Mineola, New York
April 1, 2014
BRUCE A. TORINO, ESQ.
TORINO & BERNSTEIN, P.C.
Attorneys for Defendant
RESOURCE CONSTRUCTION CORP.
200 Old Country Road, Suite 220
Mineola, New York 11501
[516] 747-4301
File Number: 00297603-R
SERVICE LIST
TO:
TOMKIEL & TOMKIEL
Attorneys for Plaintiff
670 White Plains Road, Ste 322
Scarsdale, NY 10583
SMITH MAZURE DIRECTOR WILKINS
YOUNG & YAGERMAN, P.C.
Attorneys for Defendants/Third-Party Plaintiffs
423 WEST 55th STREET, LLC and
WEST 55th STREET BUILDING, LLC
111 John Street
New York, NY 10038
CITYWIDE ELECTRIC WIRING INC.
clo EDWARD LUKASHOK, ESQ.
122 East 42nd Street, Ste 2100
New York, NY 10168
THE RELATED COMPANIES, L.P.
60 Columbus Circle
New York, NY 10023
VERIFICATION
STATE OF NEW YORK )
COUNTY OF NASSAU ,
BRUCE A. TORINO, an attorney admitted to practice before the Courts of the State
of New York, affirms the following under the penalties of perjury.:
That deponent is attorney for the defendant, RESOURCE CONSTRUCTION
CORP., in the within action.
That your deponent has read the foregoing Answer and knows the contents thereof,
and that the same is true to his own knowledge, except as to the matters therein stated to
be on information and belief and as to those matters he believes it to be true.
That the sources of the deponent's information are investigation and records within
the file maintained by this office and conversations with the defendant.
That the reason why the Affirmation is made by deponent and not by defendant is
that this answering defendant is not a resident or domiciled within the County wherein
deponent maintains his office.
Dated: Mineola, New York
April 1, 2014
tec
BRUCE A. TORINO
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
wane. --X
JOAO REYES, Index No.: 150828/2014 E-File
Plaintiff,
-against-
DEMAND FOR WRITTEN
423 WEST 55th STREET, LLC and WEST 55th INTERROGATORIES
STREET BUILDING, LLC and RESOURCE
CONSTRUCTION CORP.,
Defendants.
aan
423 WEST 55th STREET, LLC and WEST 55th
STREET BUILDING, LLC,
Third-Party Plaintiffs,
-against-
CITYWIDE ELECTRIC WIRING INC. and
THE RELATED COMPANIES, L.P.,
Third-Party Defendants.
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, section
3130 et. seq., plaintiffs are hereby required to answer, and verify under oath, within thirty
30) days from the date of receipt hereof, the following WRITTEN ANSWERS to
INTERROGATORIES, based upon the STATUTORY claims set forth in the complaint,
setting forth in detail:
PLEASE TAKE FURTHER NOTICE that for the purposes of these interrogatories,
the following definitions shall be applicable, said definitions being:
a Communication. The term "Communication" means the transmittal of
information (in the form of facts, ideas, inquiries or otherwise).
Document. The term "Document" is defined to be synonymous in meaning
an equal and scooped to the usage of this term in the Federal Rules of Civil
Procedure 34(a). A draft or non-identical copy is a separate document within
the meaning of this term.
Identify. (With respect to persons). When referring to a person, "to identify"
means to give, to the extent known, the person's full name, present or last
known address, and when referring to a natural person, additionally, the
present or last known place of employment. Once a person had been
identified in accordance with this subparagraph, only the name of that person
need be listed in response to subsequent discovery requesting the
identification of that person.
Identify. (With respect to documents). When referring to documents, "to
identify" means to give, to the extent known, the (i) type of document; (ii)
general subject matter; (iii) date of the document; and (iv) author; (v)
addressee and recipient.
Parties. The term "plaintiff" and "defendant" as well as the party's full or
abbreviated name or a pronoun referring to a party and, where applicable,
its officers, directors, employees, partners, corporate parent, subsidiary or
affiliates. This definition is not intended to impose a discovery obligation
upon any person who is not a party to the litigation.
Person. The term "person" is defined as any natural person or any business,
legal or governmental entity or association.
Concerning. The term "concerning" means relating to, referring to,
describing, evidencing or constituting.
The term "loss location" shall refer to the premises, place, or area referred
to in the complaint, where it is claimed by plaintiff to have resulted in his
injury.
The "occurrence" shall mean, for the purposes of these interrogatories, the
incident in which it is claimed in the complaint that the plaintiff was injured.
INTERROGATORIES
The full name of each plaintiff, including all other names or maiden names by which
each plaintiff was known.
The date and time of the alleged accident.
The date of birth, social security number, place of birth and residence addresses of
each plaintiff.
If plaintiff has lived in the current residence for less than 5 years, set forth each
location or place where the plaintiff resided within the past fifteen years, and
opposite each address state the dates of residence.
State the exact location of the occurrence,
a the height at which plaintiff was positioned at the time of the accident.
b. Set forth the location therein, giving the floor number and location thereon,
so as to be readily identified;
Cc. if upon a sidewalk or exterior of premises, the distance from the curb and
building line and other fixed object.
State how it is claimed the accident occurred.
Set forth a detailed statement of the particular acts, neglect, omissions, willful or
culpable conduct of this answering defendant, which it is claimed was a proximate
cause of plaintiff's injury.
If itis claimed that this defendant did violate any rule, statute, order, requirement or
ordinance, set forth the specific title and section of the specific statute, ordinance,
rule, order or requirement.
Set forth specific information concerning the nature of, and location of any
dangerous or defective condition or defective equipment which plaintiff will claim
caused or contributed to the occurrence.
10 Set forth in specific detail a statement of the particular acts, neglect, omissions,
willful or culpable conduct of defendants, including identification of any missing or
defective equipment and specifics of how said equipment was defective, wherein
it is claimed that defendant is liable to plaintiff.
11 Set forth in detail each and every condition claimed to have been dangerous and/or
defective, and how and in what manner each is claimed to have been dangerous
and/or defective.
12 If a substance, object or condition is claimed to have caused and/or contributed to
the occurrence, set forth specifically the following:
a Furnish the name and/or describe the object or condition, so as to be readily
identified.
b. State whether or not the object of condition came into contact with any
portion of the plaintiff's clothing, apparel, footwear, and/or any other portion
of the plaintiff's person.
State whether or not the plaintiff claims to have seen the substance, object
or condition at any time prior to the subject occurrence. If the answer to "e"
is in the affirmative, state:
i At approximately what distance from said substance, object or
condition does plaintiff claim to have first seen said substance, and
ii. As specifically as possible, what was the amount of time which lapsed
between the plaintiff's first sighting of said substance, object or
condition and the occurrence of the accident.
13, State whether the plaintiff claims this answering defendant had notice of the
condition. If so, state whether plaintiff claims whether such notice was actual or
constructive.
14 If plaintiff claims that this answering defendant had actual notice of the condition
alleged in the complaint, set forth:
a To whom does plaintiff claim actual notice of said condition was given;
b By whom does plaintiff claim said actual notice was given;
Cc. Set forth whether said actual notice was oral or written.
15, If the plaintiff claims that this answering defendant had constructive notice of the
condition alleged in the complaint, set forth:
a To whom does plaintiff claim constructive notice of said condition was
transmitted;
b In what manner does plaintiff claim constructive notice of said condition was
transmitted to defendant;
Cc. Set forth when, in days, hours, and/or minutes, prior to plaintiff's accident
said condition is claimed to have existed;
Set forth whether the condition, as alleged by the plaintiff, was visible and
apparent at the time of the occurrence alleged in the complaint.
16 Identify each oral communication plaintiff had with each defendant, both prior to or
after the incident, with respect to the occurrence alleged in the complaint that is
alleged to have resulted in plaintiff's injuries.
17 Identify, and provide a copy of each written communication plaintiff had with each
defendant, both prior to or after the incident, with respect to the occurrence alleged
in the complaint that is alleged to have resulted in plaintiff's injuries.
18. State whether the plaintiff was holding any item(s) at the time of the occurrence,
and specifically identify those item(s) that the plaintiff was holding.
19 State whether the plaintiff was holding onto any items at the time of the occurrence,
and specifically identify those item(s).
20 Set forth an exact statement of injuries both past and future, claimed to have been
sustained by the plaintiff, including the nature, location, extent, duration and effect
from the same, and which, if any, of the said injuries are alleged to be permanent.
21 Set forth the actual dates that plaintiff claims that by reason of the alleged injuries
confinement to:
a Hospital
b. Bed
Cc. Home
d Other place or institution.
22 Regarding plaintiff's employment, if any, at the time of the alleged accident and
following, set forth:
Plaintiff's occupation(s) and/or vocation(s).
The name and address of plaintiff's employer(s).
The usual hours of plaintiff's employment.
The place or places where such duties were performed.
The weekly or monthly compensation received from each such employment;
The basis of computing such earnings in the event of a bonus or overtime;
The total amount of salary, wages or other compensation which plaintiff
claims to have lost from each employment as a result of the alleged
occurrence.
23 Does plaintiff claim to have been rendered fully or partially incapable of engaging
in employment or a profession or gainful earnings and to have impaired earning
capacity? If so, set forth the reason of such impairment.
24 If, plaintiff is alleging any claim of lost wages, lost earnings, limitation, other
pecuniary loss, or any inability to perform plaintiff's pre-accident occupation or
employment, set forth:
a Each and every date plaintiff alleges to have been incapacitated from
pursuing said occupation and/or employment.
b Each and every date that plaintiff alleges to not to have been able to attend
the actual work location where said occupation and/or employment was
performed.
Each and every element of pecuniary loss, past or future, plaintiff alleges to
have incurred by virtue of this accident.
The dates within which it is claimed that each plaintiff was totally disabled;
Set forth the dates within which it is claimed that plaintiff was partially
disabled;
1 Set forth the date when it is claimed that plaintiff was able to partially
resume normal activity;
ii. Set forth the date when it is claimed that plaintiff was able to totally
resume normal activity;
The specific dates and/or amount of time plaintiff claims to have been
incapacitated from said vocation.
25 Set forth any and all other earnings or income, from any other sources not indicated
above, which plaintiff claims to have lost as a result of the alleged occurrence.
26 If plaintiff was either partially or wholly self-employed at the time of the incident
alleged in the complaint, state the name under which and the address at which
plaintiff conducted such business, profession or trade, the nature thereof, and the
period of time during which plaintiff had been so engaged.
27 If the answer
to the foregoing interrogatory is in the affirmative, state the net income
received by plaintiff from such business or profession during each of the ten
calendar years immediately preceding the incident alleged in the complaint.
28 Set forth the specific or actual amounts, past or future, claimed as special damages;
Specifically, setting forth the name, address and amount claimed by each provider
or:
physicians’ services;
medical supplies;
loss of earnings;
hospital expenses;
x-ray expenses;
nurses' services;
other (describe in detail).
29 Set fort the names and addresses of all physicians, hospitals, testing facilities,
diagnostic facilities, rehabilitation facilities, medical providers or other rendering
treatment for the injuries that were allegedly sustained by plaintiff as a result of the
subject occurrence.
30. As to each physician, hospital, medical provider or other entity rendering treatment
for the injuries that were allegedly sustained by plaintiff as a result of the subject
occurrence, set forth:
The name and address of each such hospital, physician, clinic,
medical provider or medical institution;
The dates and places of the treatment, examination or confinement;
The condition for which plaintiff was examined, treated or confined;
The nature of the treatment rendered;
The diagnosis made;
The total fee charged;
Whether x-rays were taken, and if so, how many;
Whether medical reports were provided to plaintiff or his
representative, and, if so, the dates of such reports.
Set forth copies of all physicians reports and medical records in your
possession. This is a continuing demand.
31 Set forth the name(s) and address(es) of any physician, hospital, medical provider
or other person or entity who rendered care or treatment to plaintiff for any part of
the body, system, organ or function including mental or psychiatric treatment, prior
to this incident, to those portions of the body or psyche which is claimed to have
been injured as a result of the incident set forth in the complaint.
32 If a violation of any section of the New York State Labor law is claimed, set forth:
a A description of the activities it is claimed were being engaged in by the
plaintiff at the time of the alleged accident.
b. The identity of the individuals, if any, whom it is claimed directed plaintiff to
undertake such activities.
Cc. State whether it is claimed that plaintiff was injured as a result of working at
an elevated worksite; if so, describe the site and the nature of the elevation
in detail.
If the job site itself is claimed to have been in a defective condition at the
time of the accident, set forth a detailed description of such defective
condition.
33 If it is claimed that this defendant did not provide plaintiff with a safe place to work:
a State the acts or omissions of this answering defendant by which it is
claimed said defendant assumed the duty to provide the plaintiff a safe place
to work.
Separately set forth the acts or omission of each of the other parties which
are claimed to have caused or contributed to plaintiff's injury.
Set forth a detailed statement of how the work site was not safe;
Set forth a detailed statement of how those of those separate acts or
omissions by each defendant, is claimed resulted in a place to work that was
not safe;
State whether it is alleged that a specific area of the premises was not
maintained in a safe condition;
Identify the specific area of the premises that is alleged was not maintained
in a safe condition;
Identify specifically what part(s) of the premises was not maintained in a safe
condition;
Identify specifically how the premises or a part thereof was not maintained
in a safe condition;
State whether it is alleged that a building or a part thereof was not
maintained in a safe condition;
Identify specifically what part(s) of the building was not maintained in a safe
condition;
Identify specifically how the building or a part thereof was not maintained in
a safe condition;
Set forth a detailed statement of how those acts or omissions by this
defendant, which is claimed to have resulted in a place to work that was not
safe, are proximally related to the plaintiffs claimed injuries.
34 If it is claimed that this defendant did violate an portion of § 200 of the New York
State Labor Law:
a Set forth a detailed statement of how this defendant violated § 200 of the
New York State Labor Law;
b Set forth a detailed statement of how those acts or omissions by this
defendant, which it is claimed resulted in a violation of § 200 of the New York
State Labor Law, are proximally related to the plaintiff's claimed injuries;
State how it is alleged that the place of work was not constructed, equipped,
arranged, operated or conducted as to provide reasonable and adequate
protection to the lives, health and safety of all persons employed therein or
lawfully frequenting such places;
Set forth a detailed statement of how any specific machine(s), piece(s) of
equipment, and/or device(s) was not placed, operated, guarded, or lighted
as to provide reasonable and adequate protection to the lives, health and
safety of any person(s);
35. If it is claimed that this defendant did violate any portion of § 241 of the New York
State Labor Law:
a Set forth a detailed statement of how this defendant violated § 241 of the
New York State Labor Law;
b Set forth a detailed statement of how those acts or omissions by this
defendant, which it is claimed resulted in a violation of § 241 of the New York
State Labor Law, are proximally related to the plaintiff's claimed injuries.
Set forth a detailed statement of how those acts or omissions by any other
party, entity or person is claimed resulted in a violation of § 241 of the New
York State Labor Law, and was proximally related to the plaintiff's claimed
injuries.
State which of the following the work being done by the plaintiff was in
connection with:
| construction of a building,
ii. demolition of a building,
iii. excavation in connection with construction or demolition of a building;
Identify specifically the building which the work by the plaintiff was being
done in connection with.
State in what way the area in which the work was being done was not so
constructed, shored, equipped, guarded, arranged, operated and/or
conducted as to provide reasonable and adequate protection.
36, If plaintiff claims that this defendant violated any other statutes, ordinances, rules,
regulations, or standards, identify same by title and section number and state the
acts or omissions claimed constituting such violation.
a If it is claimed that this defendant violated any of the provisions of the
Industrial Code or the Administrative Code:
b. Set forth specifically the title and sections allegedly violated;
C. Set forth a detailed statement of how those acts or omissions by this
defendant, which it is claimed resulted in a violation of a specific provision of
the Industrial Code or the Administrative Code, are proximally related to the
plaintiff's claimed injuries.
37. Set forth the names and addresses of each educational institution attended by the
plaintiff, indicating the periods of attendance at each, whether or not he/she
graduated, the degrees received, if any, and the dates of such degrees.
38. Has the plaintiff been employed at any time during the past ten (10) years? If the
answer to the preceding interrogatory is in the affirmative, then state as to each and
every employer:
a The name and address of each employer
b The dates of employment;
Cc. The rate of earnings;
d The nature of the duties in the usual course of each employment;
e. The job title, if any.
39 Has the plaintiff ever been convicted of a crime?
a If the answer to the foregoing interrogatory is in the affirmative, set forth:
i The nature of the crime;
ii The date of conviction;
i The court of conviction and the index or docket number.
40 Set forth the name and address of each general or family physician that plaintiff has
had for the past ten years.
41 Prior to the date of the subject occurrence in which plaintiff claims he was injured
herein, has plaintiff been treated by, examined by or consulted with any physician
or health care provider for any of the parts of the body which are alleged to have
been injured in the incident set forth in the complaint?
If the answer to the foregoing interrogatory is in the affirmative, set forth
The name and address of each such physician or health care provider
The dates of treatment, examination or consultation
The condition for which plaintiff was examined, treated or with respect to
which he sought consultation;
The nature of the treatment rendered
The diagnosis and made by said health care providers
42 Prior to the date of the subject occurrence in which plaintiff claims he was injured
herein, has plaintiff been confined to or treated or examined at a hospital, clinic or
medical institution of any kind?
If the answer to the foregoing interrogatory is in the affirmative, set forth
The name and address of each such hospital, clinic or medical institution
The dates of treatment, examination or confinement:
The condition for which plaintiff was examined, treated or confined
The nature of the treatment rendered
The diagnosis made.
43 Did plaintiff, at any time prior to the the date of the occurrence that is the subject of
this litigation, sustain any injury, illness or disability other than what has been
described in response to any of the preceding interrogatories?
a If the answer to the foregoing interrogatory is in the affirmative, describe
each injury, illness and disability fully and state with respect to each:
i The date(s) when each injury, illness or disability occurred and the
duration of each;
Ib The place where each injury, illness or disability occurred
ML The name and address of each medical practitioner or other person
hospital, clinic, sanitarium or other institution visited by him or in which
he was confined for the purpose of consultation, diagnosis, x-rays.
treatment or other care
VV. The dates of such consultation, diagnosis, x-rays, treatment or other
care
Vv. The nature of the treatment rendered
Vi The diagnosis made.
44 In the event any claim is made for aggravation of a pre-existing condition, set forth
a description in detail of the nature, extent and duration of the pre-existing condition
and set forth the manner in which said pre-existing condition was allegedly
aggravated
45 Has plaintiff ever presented a claim or made by or on behalf of plaintiff for any
injury, disease, sickness or disability for which recovery of a sum of money was
sought including Workers Compensation benefits, State Disability benefits.
recovery on an accident and/or health policy, or recovery on an insurance policy
containing medical payments insurance?
a If the answer to the foregoing interrogatory is in the affirmative, set forth:
i When, where and against whom such claim was made;
b. The nature and extent of the injury, disease, sickness or disability for
which a claim was made:
C, The circumstances in which the injury, disease, sickness or disability
occurred, and the symptoms thereof.
d The names and addresses of all physicians, hospitals and medical
providers who examined or treated plaintiff in connection with any
such claims
e The title of the claim
f. The index number, docket number or claim identification number;
g The amount if any, received in a settlement, award or other
disposition
h The disability rating given, if any.
46 Has a claim ever been made by or on behalf of the plaintiff to the United States
Veterans Administration or any federal, state, municipal or other governmental
agency for disbility benefits, medical treatment, hospitalization or related benefits?
a. If the answer to the foregoing interrogatory is in the affirmative, set forth:
i. When and where it was filed;
ii The agency with which it was filed
Th The claim identification number;
IV. The nature and extent of the injury, disease, sickness or disability for
which a claim was made:
V. The circumstances in which the injury, disease, sickness or disability
occurred, and the symptoms thereof;
Vi The names and addresses of all physicians, hospitals and medical
providers who examined or treated plaintiff in connection with any
such claim
vil. The amount, if any, received in a settlement, award or other
disposition
VIL The disability rating given, if any.
47 Has any other lawsuit been commenced by or on behaif of the plaintiff as a result
of the incident alleged in the complaint herein?
a If the answer to the foregoing interrogatory is in the affirmative, set forth:
i The title and index number of the case;
ii The court in which the case is pending;
wh The names and addresses of counsel representing the parties
therein
WV. The present status of the lawsuit.
48 Has plaintiff ever commenced or been a party to any lawsuit or claim for injuries to
any part of the body which are the subject of this litigation that arose on a different
date of incident?
a If the answer to the foregoing interrogatory is in the affirmative, set forth
I The title and index number of the case
i The court in which the case is pending;
iii. The names and addresses of counsel representing the parties
therein;
IV. The present status of the lawsuit.
The names of all parties named in the suit;
Vi The names and addresses of counsel representing the parties
therein;
vil. The nature and extent of the injury, disease, sickness or disability for
which damages were sought;
viii. The circumstances in which the injury, disease, sickness or disability
occurred, and the symptoms thereof;
IX, The names and addresses of all physicians, hospitals and medical
providers who examined or treated plaintiff in connection with any
such claim.
The present status of the lawsuit if it is pending, or the nature of the
ultimate disposition of the lawsuit, including the amount of settlement
or judgment.
49 Has there been a lien filed, or has an assignment been made, with respect to the
proceeds of this action?
a If the answer to the foregoing interrogatory is in the affirmative, set forth the
name and address of the lienholder or the assignee, the date of the lien or
assignment and the amount.
50 Has plaintiff or anyone on behalf of plaintiff made any report to any federal, state
or local public official or has such official made any report concerning the matters
and circumstances alleged in the complaint?
If the answer to the foregoing interrogatory is in the affirmative, set forth:
The name of the person making the report’
The person or official to whom the report was made;
The date of the report;
Whether the report was oral or written;
The present locations of said report;
The substance of each report.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish
responses to the within Demand for Written Interrogatories during the said period of thirty
(30) days, a Motion may be made for an Order precluding plaintiffs from giving any
evidence at the trial of the above items, of which particulars have been delivered in
accordance with this demand.
Dated: Mineola, New York
April 1, 2014 i ean
BRUCE A. TORINO, ESQ.
TORINO & BERNSTEIN, P.C.
Attorneys for Defendant
RESOURCE CONSTRUCTION CORP.
200 Old Country Road, Suite 220
Mineola, New York 11501
[516] 747-4301
Our File Number: 00297603-R
TO: See Service List
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
ennnnnne,
JOAO REYES, Index No.: 150828/2014 E-File
Plaintiff ,
-against-
423 WEST 55th STREET, LLC and WEST 55th MEDICARE / MEDICAID
STREET BUILDING, LLC and RESOURCE REPORTING DEMAND
CONSTRUCTION CORP.,
Defendants.
and third party action
X
COUNSELORS:
PLEASE TAKE NOTICE that defendant, RESOURCE CONSTRUCTION CORP.,
by TORINO & BERNSTEIN, P.C., demands that PLAINTIFF or his attorneys set forth in
writing within 30 day, pursuant to the provision of the MSPA and Section Ill of the
Medicare, Medicaid and SCHIP Extension Act of 2007 (PL 110-173) and U.S.C. 1395
(y)(b)(7) and (8), the following:
[1] Each plaintiff's Social Security Number; Each plaintiff's date of birth;
[2] Statement whether plaintiff currently receives Medicare benefits, has a
Medicare card, if so provide a copy of the card, or has applied for Medicare
benefits;
[3] Statement whether plaintiff has any health insurance coverage, and if yes
provide a copy of said card evidencing coverage;
[4] Duly executed Consent to Release Information form required to access the
information obtained under MSPA.
[5] Statement whether plaintiff is currently receiving, or has received within the
last 24 months, Social Security Disability Insurance benefits, or within said
period of time has applied for said benefits;
6] Statement whether plaintiff is suffering
.
from end-stage renal failure and/or
Amyotrophric Lateral S SiS;
Dated: Mineola, New York
April 1, 2014
BRUCE A. TORINO, ESQ.
TORINO & BERNSTEIN, P.C.
Attomeys for Defendant
RESOURCE CONSTRUCTION CORP.
200 Old Country Road, Suite 220
Mineola, New York 11501
[516] 747-4301
Our File Number: 00297603-R
TO: See Service List
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
nee. one nnnnnn
JOAO REYES, Index No.: 150828/2014 E-File
Plaintiff,
-against- MEDICARE / MEDICAID
CONSENT to RELEASE
423 WEST 55th STREET, LLC and WEST 55th INFORMATION
STREET BUILDING, LLC and RESOURCE
CONSTRUCTION CORP.,
Defendants.
and third party action
JOAO REYES
102-01 134th Street
South Richmond Hills, NY 11419
DOB:
SS#:
do hereby authorize the CMS, its agents and/or contractors to release, upon
request, information related to my injury/illness and/or settlement for the specified date of
injury/illness - 01/10/2014 - and ongoing, for the duration of this litigation - to the
individual and/or entity listed below:
Name of entity:
TORINO & BERNSTEIN, P.C.
200 Old Country Road, Suite 220
Mineola, New York 11501
[516] 747-4301 Fax: [516] 747-5956
Our File Number: 00297603-R
The period you check will run from when you sign and date below until conclusion of the
above litigation. | understand that | may revoke this "Consent to Release Information"
at any time, if done so in writing.
MEDICARE BENEFICIARY INFORMATION AND SIGNATURE:
JOAO REYES Dated: —_/ / /
Beneficiary Signature:
Medicare Health Insurance Claim Number
(The number on your Medicare card):
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
manna. aon X
JOAO REYES, Index No.: 150828/2014 E-File
Preview
INDEX NO. 150828/2014 FILED: NEW YORK COUNTY CLERK 04/01/2014 NYSCEF DOC. NO. 11 RECEIVED NYSCEF 04/01/2014 SUPREME COURT: STATE OF NEW YORK COUNTY OF NEW YORK enna ne een ene nen en nn enna nennmennmnnnnnn enn en ane JOAO REYES, Index No.: 150828/2014 E-File Plaintiff, VERIFIED ANSWER, -against- DEMAND FOR WRITTEN INTERROGATORIES, 423 WEST 55th STREET, LLC and WEST 55th CROSS-CLAIMS, COMBINED STREET BUILDING, LLC and RESOURCE DEMANDS AND NOTICE TO CONSTRUCTION CORP., TAKE DEPOSITION Defendants. 423 WEST 55th STREET, LLC and WEST 55th STREET BUILDING, LLC, Third-Party Plaintiffs, -against- CITYWIDE ELECTRIC WIRING INC. and THE RELATED COMPANIES, L.P., Third-Party Defendants. - The defendant, RESOURCE CONSTRUCTION CORP., by TORINO & BERNSTEIN, P.C., answering the complaint of the plaintiff herein, respectfully alleges upon information and belief: 1 Denies any knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs designated "1", "2", "3", "4", "8" and "9" of plaintiff's complaint. Denies each and every allegation contained in paragraphs designated "6", "10", "42" and "13" of plaintiff's complaint, and refers all questions and conclusions of law to this Honorable Court. Denies each and every allegation contained in paragraph designated "7" of plaintiff's complaint except admits that Citywide Electric Wiring, Inc. was retained by RESOURCE CONSTRUCTION CORP. to perform certain electrical work at said premises, of which it was solely responsible for the means and methods used. Denies each and every allegation contained in paragraph designated "11" of plaintiffs complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE Plaintiff fails to have a cause of action and fails to state a cause of action against this answering defendant upon which any relief can be granted by this Court. AS AND FOR A SECOND AFFIRMATIVE DEFENSE Plaintiff's own actions, omissions, negligent conduct and/or lack of due care resulted in and/or caused the alleged injuries to plaintiff. AS AND FOR A THIRD AFFIRMATIVE DEFENSE Plaintiff was comparatively negligent and said conduct was the sole proximate cause of the occurrence. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Upon information and belief, the incident complained of in the plaintiffs’ complaint was proximately caused by the misuse, abuse and/or alteration of the premises by plaintiff, or his coworker and/or the misuse, and careless and reckless operation of the premises by co-defendant and not any act or omission by this answering defendant. AS AND FOR A_FIFTH AFFIRMATIVE DEFENSE In response to the allegations set forth in the complaint, this answering defendant, at the time period alleged in the complaint, did not own, operate, control or maintain the instrumentality, object or portion of the premises and/or location whereat plaintiff accident is alleged to have occurred, which is the subject of this litigation which plaintiff claims caused the injuries complained of in the Verified Complaint. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 10 That the injuries of plaintiff, if any, were caused or contributed to, in whole or in part, by intervening and superseding causative factors and therefore the claims of plaintiff against this defendant should be barred. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 11 This answering defendant alleges, pursuant to Section 1412 of the CPLR, upon information and belief that if plaintiff sustained any injuries or damages at the time and place alleged in the Complaint, such injuries or damages were the result of culpable conduct of the plaintiff or the plaintiffs assumption of risk. 12 Should it be found, however, that the answering defendant is liable to the plaintiff herein, any liability being specifically denied, then the answering defendant alleges that if any damages are found they are to be apportioned among the plaintiff and defendants according to the degree of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 13 Plaintiff failed to take any or sufficient action or that action which was necessary to mitigate or minimize the damages allegedly sustained. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 14 Defendant asserts that this case falls within the limited liability provisions of Section 1601 of the Civil Practice Law and Rules, and that the defendant's liability, if any, shall be limited to its equitable share of the total liability. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 15. Upon information and belief, plaintiffs claims for medical treatment, dental treatment, custodial care, rehabilitation services, loss of earnings, or other economic loss are subject to the provisions of Rule 4545(c) of the Civil Practice Law and Rules and any and all such past or future costs or expenses which were or will be replaced or indemnified in whole or in part, from any collateral source are not recoverable in this action. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 16 That if plaintiff was caused to sustain an injury as a result of any substance, object or condition, claimed by plaintiff to have caused and/or contributed to this accident, such substance, object or condition, the existence of which is denied by this answering defendant, was in plain sight, open and obvious, and had plaintiff exercised due care as required by his profession, using his training, education, sight and senses as a reasonable person, plaintiff would have completely avoided this accident. 17 Further, if it is shown that plaintiff was caused to sustain an injury as a result of any substance, object or condition, claimed by plaintiff to have caused and/or contributed to this accident, such substance, object or condition was created, introduced or caused by persons or parties unknown to this answering defendant and over whom this answering defendant exercised no authority or control and that this answering defendant did not have prior notice of the existence of such substance, object or condition. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE 18 That said portion of the work performed by this answering defendant was done in accordance with generally accepted industry practices and protocols then in effect and in compliance with all applicable laws, codes, rules and regulations. AS AND FOR A CROSS-COMPLAINT OVER AND AGAINST CO-DEFENDANTS, 423 WEST 55th STREET, LLC WEST 55th STREET BUILDING, LLC, and CITYWIDE ELECTRIC WIRING INC. PURSUANT TO CPLR 3019(b) AND THE RULE OF DOLE v DOW (30 N.Y.S.2d 143), THIS ANSWERING DEFENDANT ALLEGES UPON INFORMATION AND BELIEF: 17 That if the plaintiff was caused to sustain damages at the time and place set forth in the Complaint and in the manner alleged therein through any carelessness, recklessness, acts or omissions, negligence and/or breaches of duty and/or warranty and/or contract other than of the plaintiff, then said damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence, and breaches of duty and/or obligation, and/or statute, and/or warranty, and/or contract in fact or implied in law, upon the part of the co-defendants, 423 WEST 55th STREET, LLC, WEST 55th STREET BUILDING, LLC and CITYWIDE ELECTRIC WIRING INC., without any breaches or any negligence of defendant, RESOURCE CONSTRUCTION CORP., contributing thereto; and if this pleading defendant is found liable as to the plaintiff for the damages set forth in the plaintiff's Complaint then, and in that event, the relative responsibilities of said defendant in all fairness must be apportioned by a separate determination, in view of the existing factual disparity, and co-defendant, 423 WEST 55th STREET, LLC, WEST 55th STREET BUILDING, LLC, and CITYWIDE ELECTRIC WIRING INC. will be liable over jointly and severally to defendant, RESOURCE CONSTRUCTION CORP., and bound to fully indemnify and hold this pleading defendant harmless for the full amount of any verdict or judgment that the plaintiff herein may recover against this defendant, including all costs of investigation, disbursements, expenses and attorney's fees incurred in the defense of this action and in the conduct of the cross-complaint. WHEREFORE, the defendant, RESOURCE CONSTRUCTION CORP., demands judgment dismissing the complaint herein as to this answering defendant, and further demands judgment over and/or apportionment amongst all parties in accordance with their degree of responsibility, together wit s and disbursements of this action. Dated: Mineola, New York April 1, 2014 BRUCE A. TORINO, ESQ. TORINO & BERNSTEIN, P.C. Attorneys for Defendant RESOURCE CONSTRUCTION CORP. 200 Old Country Road, Suite 220 Mineola, New York 11501 [516] 747-4301 File Number: 00297603-R SERVICE LIST TO: TOMKIEL & TOMKIEL Attorneys for Plaintiff 670 White Plains Road, Ste 322 Scarsdale, NY 10583 SMITH MAZURE DIRECTOR WILKINS YOUNG & YAGERMAN, P.C. Attorneys for Defendants/Third-Party Plaintiffs 423 WEST 55th STREET, LLC and WEST 55th STREET BUILDING, LLC 111 John Street New York, NY 10038 CITYWIDE ELECTRIC WIRING INC. clo EDWARD LUKASHOK, ESQ. 122 East 42nd Street, Ste 2100 New York, NY 10168 THE RELATED COMPANIES, L.P. 60 Columbus Circle New York, NY 10023 VERIFICATION STATE OF NEW YORK ) COUNTY OF NASSAU , BRUCE A. TORINO, an attorney admitted to practice before the Courts of the State of New York, affirms the following under the penalties of perjury.: That deponent is attorney for the defendant, RESOURCE CONSTRUCTION CORP., in the within action. That your deponent has read the foregoing Answer and knows the contents thereof, and that the same is true to his own knowledge, except as to the matters therein stated to be on information and belief and as to those matters he believes it to be true. That the sources of the deponent's information are investigation and records within the file maintained by this office and conversations with the defendant. That the reason why the Affirmation is made by deponent and not by defendant is that this answering defendant is not a resident or domiciled within the County wherein deponent maintains his office. Dated: Mineola, New York April 1, 2014 tec BRUCE A. TORINO SUPREME COURT: STATE OF NEW YORK COUNTY OF NEW YORK wane. --X JOAO REYES, Index No.: 150828/2014 E-File Plaintiff, -against- DEMAND FOR WRITTEN 423 WEST 55th STREET, LLC and WEST 55th INTERROGATORIES STREET BUILDING, LLC and RESOURCE CONSTRUCTION CORP., Defendants. aan 423 WEST 55th STREET, LLC and WEST 55th STREET BUILDING, LLC, Third-Party Plaintiffs, -against- CITYWIDE ELECTRIC WIRING INC. and THE RELATED COMPANIES, L.P., Third-Party Defendants. COUNSELORS: PLEASE TAKE NOTICE, that pursuant to the Civil Practice Law and Rules, section 3130 et. seq., plaintiffs are hereby required to answer, and verify under oath, within thirty 30) days from the date of receipt hereof, the following WRITTEN ANSWERS to INTERROGATORIES, based upon the STATUTORY claims set forth in the complaint, setting forth in detail: PLEASE TAKE FURTHER NOTICE that for the purposes of these interrogatories, the following definitions shall be applicable, said definitions being: a Communication. The term "Communication" means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). Document. The term "Document" is defined to be synonymous in meaning an equal and scooped to the usage of this term in the Federal Rules of Civil Procedure 34(a). A draft or non-identical copy is a separate document within the meaning of this term. Identify. (With respect to persons). When referring to a person, "to identify" means to give, to the extent known, the person's full name, present or last known address, and when referring to a natural person, additionally, the present or last known place of employment. Once a person had been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person. Identify. (With respect to documents). When referring to documents, "to identify" means to give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of the document; and (iv) author; (v) addressee and recipient. Parties. The term "plaintiff" and "defendant" as well as the party's full or abbreviated name or a pronoun referring to a party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiary or affiliates. This definition is not intended to impose a discovery obligation upon any person who is not a party to the litigation. Person. The term "person" is defined as any natural person or any business, legal or governmental entity or association. Concerning. The term "concerning" means relating to, referring to, describing, evidencing or constituting. The term "loss location" shall refer to the premises, place, or area referred to in the complaint, where it is claimed by plaintiff to have resulted in his injury. The "occurrence" shall mean, for the purposes of these interrogatories, the incident in which it is claimed in the complaint that the plaintiff was injured. INTERROGATORIES The full name of each plaintiff, including all other names or maiden names by which each plaintiff was known. The date and time of the alleged accident. The date of birth, social security number, place of birth and residence addresses of each plaintiff. If plaintiff has lived in the current residence for less than 5 years, set forth each location or place where the plaintiff resided within the past fifteen years, and opposite each address state the dates of residence. State the exact location of the occurrence, a the height at which plaintiff was positioned at the time of the accident. b. Set forth the location therein, giving the floor number and location thereon, so as to be readily identified; Cc. if upon a sidewalk or exterior of premises, the distance from the curb and building line and other fixed object. State how it is claimed the accident occurred. Set forth a detailed statement of the particular acts, neglect, omissions, willful or culpable conduct of this answering defendant, which it is claimed was a proximate cause of plaintiff's injury. If itis claimed that this defendant did violate any rule, statute, order, requirement or ordinance, set forth the specific title and section of the specific statute, ordinance, rule, order or requirement. Set forth specific information concerning the nature of, and location of any dangerous or defective condition or defective equipment which plaintiff will claim caused or contributed to the occurrence. 10 Set forth in specific detail a statement of the particular acts, neglect, omissions, willful or culpable conduct of defendants, including identification of any missing or defective equipment and specifics of how said equipment was defective, wherein it is claimed that defendant is liable to plaintiff. 11 Set forth in detail each and every condition claimed to have been dangerous and/or defective, and how and in what manner each is claimed to have been dangerous and/or defective. 12 If a substance, object or condition is claimed to have caused and/or contributed to the occurrence, set forth specifically the following: a Furnish the name and/or describe the object or condition, so as to be readily identified. b. State whether or not the object of condition came into contact with any portion of the plaintiff's clothing, apparel, footwear, and/or any other portion of the plaintiff's person. State whether or not the plaintiff claims to have seen the substance, object or condition at any time prior to the subject occurrence. If the answer to "e" is in the affirmative, state: i At approximately what distance from said substance, object or condition does plaintiff claim to have first seen said substance, and ii. As specifically as possible, what was the amount of time which lapsed between the plaintiff's first sighting of said substance, object or condition and the occurrence of the accident. 13, State whether the plaintiff claims this answering defendant had notice of the condition. If so, state whether plaintiff claims whether such notice was actual or constructive. 14 If plaintiff claims that this answering defendant had actual notice of the condition alleged in the complaint, set forth: a To whom does plaintiff claim actual notice of said condition was given; b By whom does plaintiff claim said actual notice was given; Cc. Set forth whether said actual notice was oral or written. 15, If the plaintiff claims that this answering defendant had constructive notice of the condition alleged in the complaint, set forth: a To whom does plaintiff claim constructive notice of said condition was transmitted; b In what manner does plaintiff claim constructive notice of said condition was transmitted to defendant; Cc. Set forth when, in days, hours, and/or minutes, prior to plaintiff's accident said condition is claimed to have existed; Set forth whether the condition, as alleged by the plaintiff, was visible and apparent at the time of the occurrence alleged in the complaint. 16 Identify each oral communication plaintiff had with each defendant, both prior to or after the incident, with respect to the occurrence alleged in the complaint that is alleged to have resulted in plaintiff's injuries. 17 Identify, and provide a copy of each written communication plaintiff had with each defendant, both prior to or after the incident, with respect to the occurrence alleged in the complaint that is alleged to have resulted in plaintiff's injuries. 18. State whether the plaintiff was holding any item(s) at the time of the occurrence, and specifically identify those item(s) that the plaintiff was holding. 19 State whether the plaintiff was holding onto any items at the time of the occurrence, and specifically identify those item(s). 20 Set forth an exact statement of injuries both past and future, claimed to have been sustained by the plaintiff, including the nature, location, extent, duration and effect from the same, and which, if any, of the said injuries are alleged to be permanent. 21 Set forth the actual dates that plaintiff claims that by reason of the alleged injuries confinement to: a Hospital b. Bed Cc. Home d Other place or institution. 22 Regarding plaintiff's employment, if any, at the time of the alleged accident and following, set forth: Plaintiff's occupation(s) and/or vocation(s). The name and address of plaintiff's employer(s). The usual hours of plaintiff's employment. The place or places where such duties were performed. The weekly or monthly compensation received from each such employment; The basis of computing such earnings in the event of a bonus or overtime; The total amount of salary, wages or other compensation which plaintiff claims to have lost from each employment as a result of the alleged occurrence. 23 Does plaintiff claim to have been rendered fully or partially incapable of engaging in employment or a profession or gainful earnings and to have impaired earning capacity? If so, set forth the reason of such impairment. 24 If, plaintiff is alleging any claim of lost wages, lost earnings, limitation, other pecuniary loss, or any inability to perform plaintiff's pre-accident occupation or employment, set forth: a Each and every date plaintiff alleges to have been incapacitated from pursuing said occupation and/or employment. b Each and every date that plaintiff alleges to not to have been able to attend the actual work location where said occupation and/or employment was performed. Each and every element of pecuniary loss, past or future, plaintiff alleges to have incurred by virtue of this accident. The dates within which it is claimed that each plaintiff was totally disabled; Set forth the dates within which it is claimed that plaintiff was partially disabled; 1 Set forth the date when it is claimed that plaintiff was able to partially resume normal activity; ii. Set forth the date when it is claimed that plaintiff was able to totally resume normal activity; The specific dates and/or amount of time plaintiff claims to have been incapacitated from said vocation. 25 Set forth any and all other earnings or income, from any other sources not indicated above, which plaintiff claims to have lost as a result of the alleged occurrence. 26 If plaintiff was either partially or wholly self-employed at the time of the incident alleged in the complaint, state the name under which and the address at which plaintiff conducted such business, profession or trade, the nature thereof, and the period of time during which plaintiff had been so engaged. 27 If the answer to the foregoing interrogatory is in the affirmative, state the net income received by plaintiff from such business or profession during each of the ten calendar years immediately preceding the incident alleged in the complaint. 28 Set forth the specific or actual amounts, past or future, claimed as special damages; Specifically, setting forth the name, address and amount claimed by each provider or: physicians’ services; medical supplies; loss of earnings; hospital expenses; x-ray expenses; nurses' services; other (describe in detail). 29 Set fort the names and addresses of all physicians, hospitals, testing facilities, diagnostic facilities, rehabilitation facilities, medical providers or other rendering treatment for the injuries that were allegedly sustained by plaintiff as a result of the subject occurrence. 30. As to each physician, hospital, medical provider or other entity rendering treatment for the injuries that were allegedly sustained by plaintiff as a result of the subject occurrence, set forth: The name and address of each such hospital, physician, clinic, medical provider or medical institution; The dates and places of the treatment, examination or confinement; The condition for which plaintiff was examined, treated or confined; The nature of the treatment rendered; The diagnosis made; The total fee charged; Whether x-rays were taken, and if so, how many; Whether medical reports were provided to plaintiff or his representative, and, if so, the dates of such reports. Set forth copies of all physicians reports and medical records in your possession. This is a continuing demand. 31 Set forth the name(s) and address(es) of any physician, hospital, medical provider or other person or entity who rendered care or treatment to plaintiff for any part of the body, system, organ or function including mental or psychiatric treatment, prior to this incident, to those portions of the body or psyche which is claimed to have been injured as a result of the incident set forth in the complaint. 32 If a violation of any section of the New York State Labor law is claimed, set forth: a A description of the activities it is claimed were being engaged in by the plaintiff at the time of the alleged accident. b. The identity of the individuals, if any, whom it is claimed directed plaintiff to undertake such activities. Cc. State whether it is claimed that plaintiff was injured as a result of working at an elevated worksite; if so, describe the site and the nature of the elevation in detail. If the job site itself is claimed to have been in a defective condition at the time of the accident, set forth a detailed description of such defective condition. 33 If it is claimed that this defendant did not provide plaintiff with a safe place to work: a State the acts or omissions of this answering defendant by which it is claimed said defendant assumed the duty to provide the plaintiff a safe place to work. Separately set forth the acts or omission of each of the other parties which are claimed to have caused or contributed to plaintiff's injury. Set forth a detailed statement of how the work site was not safe; Set forth a detailed statement of how those of those separate acts or omissions by each defendant, is claimed resulted in a place to work that was not safe; State whether it is alleged that a specific area of the premises was not maintained in a safe condition; Identify the specific area of the premises that is alleged was not maintained in a safe condition; Identify specifically what part(s) of the premises was not maintained in a safe condition; Identify specifically how the premises or a part thereof was not maintained in a safe condition; State whether it is alleged that a building or a part thereof was not maintained in a safe condition; Identify specifically what part(s) of the building was not maintained in a safe condition; Identify specifically how the building or a part thereof was not maintained in a safe condition; Set forth a detailed statement of how those acts or omissions by this defendant, which is claimed to have resulted in a place to work that was not safe, are proximally related to the plaintiffs claimed injuries. 34 If it is claimed that this defendant did violate an portion of § 200 of the New York State Labor Law: a Set forth a detailed statement of how this defendant violated § 200 of the New York State Labor Law; b Set forth a detailed statement of how those acts or omissions by this defendant, which it is claimed resulted in a violation of § 200 of the New York State Labor Law, are proximally related to the plaintiff's claimed injuries; State how it is alleged that the place of work was not constructed, equipped, arranged, operated or conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places; Set forth a detailed statement of how any specific machine(s), piece(s) of equipment, and/or device(s) was not placed, operated, guarded, or lighted as to provide reasonable and adequate protection to the lives, health and safety of any person(s); 35. If it is claimed that this defendant did violate any portion of § 241 of the New York State Labor Law: a Set forth a detailed statement of how this defendant violated § 241 of the New York State Labor Law; b Set forth a detailed statement of how those acts or omissions by this defendant, which it is claimed resulted in a violation of § 241 of the New York State Labor Law, are proximally related to the plaintiff's claimed injuries. Set forth a detailed statement of how those acts or omissions by any other party, entity or person is claimed resulted in a violation of § 241 of the New York State Labor Law, and was proximally related to the plaintiff's claimed injuries. State which of the following the work being done by the plaintiff was in connection with: | construction of a building, ii. demolition of a building, iii. excavation in connection with construction or demolition of a building; Identify specifically the building which the work by the plaintiff was being done in connection with. State in what way the area in which the work was being done was not so constructed, shored, equipped, guarded, arranged, operated and/or conducted as to provide reasonable and adequate protection. 36, If plaintiff claims that this defendant violated any other statutes, ordinances, rules, regulations, or standards, identify same by title and section number and state the acts or omissions claimed constituting such violation. a If it is claimed that this defendant violated any of the provisions of the Industrial Code or the Administrative Code: b. Set forth specifically the title and sections allegedly violated; C. Set forth a detailed statement of how those acts or omissions by this defendant, which it is claimed resulted in a violation of a specific provision of the Industrial Code or the Administrative Code, are proximally related to the plaintiff's claimed injuries. 37. Set forth the names and addresses of each educational institution attended by the plaintiff, indicating the periods of attendance at each, whether or not he/she graduated, the degrees received, if any, and the dates of such degrees. 38. Has the plaintiff been employed at any time during the past ten (10) years? If the answer to the preceding interrogatory is in the affirmative, then state as to each and every employer: a The name and address of each employer b The dates of employment; Cc. The rate of earnings; d The nature of the duties in the usual course of each employment; e. The job title, if any. 39 Has the plaintiff ever been convicted of a crime? a If the answer to the foregoing interrogatory is in the affirmative, set forth: i The nature of the crime; ii The date of conviction; i The court of conviction and the index or docket number. 40 Set forth the name and address of each general or family physician that plaintiff has had for the past ten years. 41 Prior to the date of the subject occurrence in which plaintiff claims he was injured herein, has plaintiff been treated by, examined by or consulted with any physician or health care provider for any of the parts of the body which are alleged to have been injured in the incident set forth in the complaint? If the answer to the foregoing interrogatory is in the affirmative, set forth The name and address of each such physician or health care provider The dates of treatment, examination or consultation The condition for which plaintiff was examined, treated or with respect to which he sought consultation; The nature of the treatment rendered The diagnosis and made by said health care providers 42 Prior to the date of the subject occurrence in which plaintiff claims he was injured herein, has plaintiff been confined to or treated or examined at a hospital, clinic or medical institution of any kind? If the answer to the foregoing interrogatory is in the affirmative, set forth The name and address of each such hospital, clinic or medical institution The dates of treatment, examination or confinement: The condition for which plaintiff was examined, treated or confined The nature of the treatment rendered The diagnosis made. 43 Did plaintiff, at any time prior to the the date of the occurrence that is the subject of this litigation, sustain any injury, illness or disability other than what has been described in response to any of the preceding interrogatories? a If the answer to the foregoing interrogatory is in the affirmative, describe each injury, illness and disability fully and state with respect to each: i The date(s) when each injury, illness or disability occurred and the duration of each; Ib The place where each injury, illness or disability occurred ML The name and address of each medical practitioner or other person hospital, clinic, sanitarium or other institution visited by him or in which he was confined for the purpose of consultation, diagnosis, x-rays. treatment or other care VV. The dates of such consultation, diagnosis, x-rays, treatment or other care Vv. The nature of the treatment rendered Vi The diagnosis made. 44 In the event any claim is made for aggravation of a pre-existing condition, set forth a description in detail of the nature, extent and duration of the pre-existing condition and set forth the manner in which said pre-existing condition was allegedly aggravated 45 Has plaintiff ever presented a claim or made by or on behalf of plaintiff for any injury, disease, sickness or disability for which recovery of a sum of money was sought including Workers Compensation benefits, State Disability benefits. recovery on an accident and/or health policy, or recovery on an insurance policy containing medical payments insurance? a If the answer to the foregoing interrogatory is in the affirmative, set forth: i When, where and against whom such claim was made; b. The nature and extent of the injury, disease, sickness or disability for which a claim was made: C, The circumstances in which the injury, disease, sickness or disability occurred, and the symptoms thereof. d The names and addresses of all physicians, hospitals and medical providers who examined or treated plaintiff in connection with any such claims e The title of the claim f. The index number, docket number or claim identification number; g The amount if any, received in a settlement, award or other disposition h The disability rating given, if any. 46 Has a claim ever been made by or on behalf of the plaintiff to the United States Veterans Administration or any federal, state, municipal or other governmental agency for disbility benefits, medical treatment, hospitalization or related benefits? a. If the answer to the foregoing interrogatory is in the affirmative, set forth: i. When and where it was filed; ii The agency with which it was filed Th The claim identification number; IV. The nature and extent of the injury, disease, sickness or disability for which a claim was made: V. The circumstances in which the injury, disease, sickness or disability occurred, and the symptoms thereof; Vi The names and addresses of all physicians, hospitals and medical providers who examined or treated plaintiff in connection with any such claim vil. The amount, if any, received in a settlement, award or other disposition VIL The disability rating given, if any. 47 Has any other lawsuit been commenced by or on behaif of the plaintiff as a result of the incident alleged in the complaint herein? a If the answer to the foregoing interrogatory is in the affirmative, set forth: i The title and index number of the case; ii The court in which the case is pending; wh The names and addresses of counsel representing the parties therein WV. The present status of the lawsuit. 48 Has plaintiff ever commenced or been a party to any lawsuit or claim for injuries to any part of the body which are the subject of this litigation that arose on a different date of incident? a If the answer to the foregoing interrogatory is in the affirmative, set forth I The title and index number of the case i The court in which the case is pending; iii. The names and addresses of counsel representing the parties therein; IV. The present status of the lawsuit. The names of all parties named in the suit; Vi The names and addresses of counsel representing the parties therein; vil. The nature and extent of the injury, disease, sickness or disability for which damages were sought; viii. The circumstances in which the injury, disease, sickness or disability occurred, and the symptoms thereof; IX, The names and addresses of all physicians, hospitals and medical providers who examined or treated plaintiff in connection with any such claim. The present status of the lawsuit if it is pending, or the nature of the ultimate disposition of the lawsuit, including the amount of settlement or judgment. 49 Has there been a lien filed, or has an assignment been made, with respect to the proceeds of this action? a If the answer to the foregoing interrogatory is in the affirmative, set forth the name and address of the lienholder or the assignee, the date of the lien or assignment and the amount. 50 Has plaintiff or anyone on behalf of plaintiff made any report to any federal, state or local public official or has such official made any report concerning the matters and circumstances alleged in the complaint? If the answer to the foregoing interrogatory is in the affirmative, set forth: The name of the person making the report’ The person or official to whom the report was made; The date of the report; Whether the report was oral or written; The present locations of said report; The substance of each report. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish responses to the within Demand for Written Interrogatories during the said period of thirty (30) days, a Motion may be made for an Order precluding plaintiffs from giving any evidence at the trial of the above items, of which particulars have been delivered in accordance with this demand. Dated: Mineola, New York April 1, 2014 i ean BRUCE A. TORINO, ESQ. TORINO & BERNSTEIN, P.C. Attorneys for Defendant RESOURCE CONSTRUCTION CORP. 200 Old Country Road, Suite 220 Mineola, New York 11501 [516] 747-4301 Our File Number: 00297603-R TO: See Service List SUPREME COURT: STATE OF NEW YORK COUNTY OF NEW YORK ennnnnne, JOAO REYES, Index No.: 150828/2014 E-File Plaintiff , -against- 423 WEST 55th STREET, LLC and WEST 55th MEDICARE / MEDICAID STREET BUILDING, LLC and RESOURCE REPORTING DEMAND CONSTRUCTION CORP., Defendants. and third party action X COUNSELORS: PLEASE TAKE NOTICE that defendant, RESOURCE CONSTRUCTION CORP., by TORINO & BERNSTEIN, P.C., demands that PLAINTIFF or his attorneys set forth in writing within 30 day, pursuant to the provision of the MSPA and Section Ill of the Medicare, Medicaid and SCHIP Extension Act of 2007 (PL 110-173) and U.S.C. 1395 (y)(b)(7) and (8), the following: [1] Each plaintiff's Social Security Number; Each plaintiff's date of birth; [2] Statement whether plaintiff currently receives Medicare benefits, has a Medicare card, if so provide a copy of the card, or has applied for Medicare benefits; [3] Statement whether plaintiff has any health insurance coverage, and if yes provide a copy of said card evidencing coverage; [4] Duly executed Consent to Release Information form required to access the information obtained under MSPA. [5] Statement whether plaintiff is currently receiving, or has received within the last 24 months, Social Security Disability Insurance benefits, or within said period of time has applied for said benefits; 6] Statement whether plaintiff is suffering . from end-stage renal failure and/or Amyotrophric Lateral S SiS; Dated: Mineola, New York April 1, 2014 BRUCE A. TORINO, ESQ. TORINO & BERNSTEIN, P.C. Attomeys for Defendant RESOURCE CONSTRUCTION CORP. 200 Old Country Road, Suite 220 Mineola, New York 11501 [516] 747-4301 Our File Number: 00297603-R TO: See Service List SUPREME COURT: STATE OF NEW YORK COUNTY OF NEW YORK nee. one nnnnnn JOAO REYES, Index No.: 150828/2014 E-File Plaintiff, -against- MEDICARE / MEDICAID CONSENT to RELEASE 423 WEST 55th STREET, LLC and WEST 55th INFORMATION STREET BUILDING, LLC and RESOURCE CONSTRUCTION CORP., Defendants. and third party action JOAO REYES 102-01 134th Street South Richmond Hills, NY 11419 DOB: SS#: do hereby authorize the CMS, its agents and/or contractors to release, upon request, information related to my injury/illness and/or settlement for the specified date of injury/illness - 01/10/2014 - and ongoing, for the duration of this litigation - to the individual and/or entity listed below: Name of entity: TORINO & BERNSTEIN, P.C. 200 Old Country Road, Suite 220 Mineola, New York 11501 [516] 747-4301 Fax: [516] 747-5956 Our File Number: 00297603-R The period you check will run from when you sign and date below until conclusion of the above litigation. | understand that | may revoke this "Consent to Release Information" at any time, if done so in writing. MEDICARE BENEFICIARY INFORMATION AND SIGNATURE: JOAO REYES Dated: —_/ / / Beneficiary Signature: Medicare Health Insurance Claim Number (The number on your Medicare card): SUPREME COURT: STATE OF NEW YORK COUNTY OF NEW YORK manna. aon X JOAO REYES, Index No.: 150828/2014 E-File