Preview
FILED: KINGS COUNTY CLERK 09/27/2013 INDEX NO. 505279/2013
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2013
MXW/mjl/1481235
BU-12-11-16-01-005
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JASON STARKMAN and VIVIANA CHIRIBOGA,
Index No.: 505279/13
Plaintiff(s),
VERIFIED ANSWER
-against-
NEW YORK CITY TRANSIT AUTHORITY,
WILLIAM J. HAYES, IVAN GRBIC, CITY OF
NEW YORK, NEW YORK CITY POLICE
DEPARTMENT, JOHN DOE I, BELIEVED TO BE
AN EMPLOYEE OF THE NEW YORK CITY
POLICE DEPARTMENT and JOHN DOE II,
Defendant(s).
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Defendant(s), NEW YORK CITY TRANSIT AUTHORITY and
WILLIAM HAYES (sued herein as “WILLIAM J. HAYES”) for their
verified answer to the verified complaint of the plaintiff(s)
herein:
AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF
OF PLAINTIFF JASON STARKMAN
1. Deny that they have any knowledge or information
thereof sufficient to form a belief as to each and every
allegation contained in paragraph(s) of the verified complaint
numbered 1, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 36, 37, 38, 39, 40, 41, 42, 43,
44, 54 and 55.
2. Deny, upon information and belief, each and every
allegation contained in paragraph(s) of the verified complaint
numbered 2 except admits that at all times mentioned in the
verified complaint defendant NEW YORK CITY TRANSIT AUTHORITY was
and still is a public benefit corporation duly organized and
existing under and by virtue of the laws of the State of New
York.
3. Deny, upon information and belief, each and every
allegation contained in paragraph(s) of the verified complaint
numbered 5 and 8 except admit(s) that a certain paper purporting
to be a notice of claim was received by the office of the
defendant(s), NEW YORK CITY TRANSIT AUTHORITY; that more than
thirty days elapsed since receipt thereof and said matter
remains unadjusted and unpaid.
4. Deny, upon information and belief, each and every
allegation contained in paragraph(s) of the verified complaint
numbered 27, 28, 29, 30, 31, 32, 33, 34 and 35 except admits
that at all times mentioned in the verified complaint defendant
NEW YORK CITY TRANSIT AUTHORITY owned, operated and maintained a
bus bearing New York State license plate number K41999 and that
defendant bus operator WILLIAM HAYES operated said bus in the
regular course of his employment for and with the permission and
consent of defendant NEW YORK CITY TRANSIT AUTHORITY.
5. Deny, upon information and belief, each and every
allegation contained in paragraph(s) of the verified complaint
numbered 45, 46, 47, 48, 49, 50, 51, 52, 53, 56, 57, 58, 59, 60,
61, 62, 63, 64 and 65.
AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF
OF PLAINTIFF VIVIANA CHIRIBOGA
6. Answering paragraph not numbered of the verified
complaint, defendant(s), NEW YORK CITY TRANSIT AUTHORITY and
WILLIAM HAYES, repeat(s) and reiterate(s) each and every denial
heretofore made herein with the same force and effect as though
fully set forth herein.
7. Deny that they have any knowledge or information
thereof sufficient to form a belief as to each and every
allegation contained in paragraph(s) of the verified complaint
numbered 66 and 68.
8. Deny, upon information and belief, each and every
allegation contained in paragraph(s) of the verified complaint
numbered 67 and 69.
FOR A FIRST SEPARATE AND DISTINCT
AFFIRMATIVE DEFENSE TO THE ALLEGED
CAUSE(S) OF ACTION OF PLAINTIFF(S) AND
IN DIMINUTION OF DAMAGES, DEFENDANT(S),
NEW YORK CITY TRANSIT AUTHORITY and
WILLIAM HAYES, ALLEGE(S), UPON
INFORMATION AND BELIEF:
9. That whatever injuries or damages the
plaintiff(s) may have sustained at the time and place mentioned
in the verified complaint, were caused, in whole or in part, by
the culpable conduct of the said plaintiff(s), said culpable
conduct having contributed thereto.
10. The amount of damages recovered, if any, shall
therefore be diminished in the proportion which the said
culpable conduct attributable to plaintiff(s), bears to the
culpable conduct which caused the said damages.
FOR A SECOND SEPARATE AND DISTINCT
AFFIRMATIVE DEFENSE TO THE ALLEGED
CAUSE(S) OF ACTION OF PLAINTIFF(S) AND
IN DIMINUTION OF DAMAGES, DEFENDANT(S),
NEW YORK CITY TRANSIT AUTHORITY and
WILLIAM HAYES, ALLEGE(S), UPON
INFORMATION AND BELIEF:
11. Any award for recovery of the cost of medical
care, dental care, custodial care or rehabilitation services,
loss of earnings or other economic loss claimed by plaintiff(s)
shall be reduced to the extent that any such cost or expense was
or will with reasonable certainty be replaced or indemnified
from any collateral source pursuant to CPLR 4545.
FOR A THIRD SEPARATE AND DISTINCT
AFFIRMATIVE DEFENSE TO THE ALLEGED
CAUSE(S) OF ACTION OF PLAINTIFF(S) AND
IN DIMINUTION OF DAMAGES, DEFENDANT(S),
NEW YORK CITY TRANSIT AUTHORITY and
WILLIAM HAYES, ALLEGE(S), UPON
INFORMATION AND BELIEF:
12. That upon information and belief, plaintiff(s),
JASON STARKMAN and VIVIANA CHIRIBOGA, were not wearing seat
belts at the time the alleged occurrence took place and,
accordingly, any awards made to and accepted by the plaintiff(s)
for any injuries set forth in the verified complaint must be
reduced in such proportion to the extent that the injuries
complained of were caused and/or aggravated by the
plaintiff('s/s'), JASON STARKMAN and VIVIANA CHIRIBOGA, failure
to wear a seat belt and have same operational at the time of the
occurrence.
FOR A FOURTH SEPARATE AND DISTINCT
AFFIRMATIVE DEFENSE TO THE ALLEGED
CAUSE(S) OF ACTION OF PLAINTIFF(S),
DEFENDANT(S), NEW YORK CITY TRANSIT
AUTHORITY and WILLIAM HAYES, ALLEGE(S),
UPON INFORMATION AND BELIEF:
13. The complaint fails to comply with CPLR Section
3017(a) in that it fails to set forth the amount of damages to
which plaintiff(s) deem(s) themselves entitled.
AS AND FOR A CROSS-CLAIM AGAINST
DEFENDANT(S), IVAN GRBIC, THE CITY OF
NEW YORK and NEW YORK CITY POLICE
DEPARTMENT, DEFENDANT(S), NEW YORK CITY
TRANSIT AUTHORITY and WILLIAM HAYES,
ALLEGE(S), UPON INFORMATION AND BELIEF:
14. That if the plaintiff(s) were caused to sustain
injuries or damages at the time and place set forth in
plaintiff('s/s') complaint, through any negligence, carelessness
and recklessness other than said plaintiff(‘s/s’) own
negligence, carelessness and recklessness, said injuries and
damages were sustained by reason of the negligence, carelessness
and recklessness of the defendant(s), IVAN GRBIC, THE CITY OF
NEW YORK and NEW YORK CITY POLICE DEPARTMENT, and if there is
any recovery obtained by the plaintiff(s) against the
defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES,
they will be damaged thereby, and the defendant(s), IVAN GRBIC,
THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, will
be primarily responsible therefore.
15. By reason of the foregoing, the defendant(s),
IVAN GRBIC, THE CITY OF NEW YORK and NEW YORK CITY POLICE
DEPARTMENT, will be liable to the defendant(s), NEW YORK CITY
TRANSIT AUTHORITY and WILLIAM HAYES, in whole or in part for any
such recovery against the defendant(s), NEW YORK CITY TRANSIT
AUTHORITY and WILLIAM HAYES.
WHEREFORE, defendant(s), NEW YORK CITY TRANSIT
AUTHORITY and WILLIAM HAYES, demand(s) judgment dismissing the
complaint of the plaintiff(s) with costs; but if the
plaintiff(s) herein recover(s) against the defendant(s), NEW
YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, then
defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES,
demand(s) that such recovery be diminished in the proportion
which the culpable conduct attributable to the plaintiff(s),
bears to the culpable conduct which caused the damages herein;
the defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM
HAYES, further demands(s) that the judgment entered, based on
such diminished recovery, be entered so that the liability of
each defendant(s) be apportioned and said judgment entered in
accordance with each such defendant's degree of culpability.
WALLACE D. GOSSETT
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY and
WILLIAM HAYES
Office and Post Office Address
130 Livingston Street
Brooklyn, New York 11201
Telephone No.: (718)694-3845
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------- x
JASON STARKMAN AND VIVIANA CHIRIBOGA,
Plaintiff(s),
DEMAND FOR BILL OF
-against-
PARTICULARS
NEW YORK CITY TRANSIT AUTHORITY,
WILLIAM J. HAYES, IVAN GRBIC, CITY
OF NEW YORK, NEW YORK CITY POLICE
DEPARTMENT, JOHN DOE I, BELIEVED
TO BE AN EMPLOYEE OF THE NEW YORK
CITY POLICE DEPARTMENT and JOHN
DOE II,
Defendant(s).
--------------------------------------- X
S I R S:
PLEASE TAKE NOTICE that pursuant to Section 3041, et seq.
of the CPLR, the defendant(s) NEW YORK CITY TRANSIT AUTHORITY
AND WILLIAM HAYES hereby demand(s) that the plaintiff(s), within
twenty (20) days after service of this demand, serve on the
attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM
HAYES a VERIFIED BILL OF PARTICULARS of the claim alleged in the
complaint showing the following details, or, in lieu thereof, a
statement that the plaintiff(s) has no knowledge or information
concerning them:
1. Residence of plaintiff, giving street and number.
1A. Set forth the date of birth of each plaintiff.
1B. Set forth the social security number of each
plaintiff.
2. Date and approximate time of occurrence.
3. The exact location of the alleged occurrence, giving
distance from and between certain fixed points, such
as street corners, curbs, crosswalks, buildings, ends
of station platforms, etc.
4. If said occurrence took place on a stairway, give the
exact location, the number of said stairway and the
particular step thereon.
5A. If a bus or other transit vehicle is involved, give
its direction, the number thereof and the badge
number of the defendant's employee in charge of said
bus or other transit vehicle and the name of said
employee; if the name and badge number of said
employee is unavailable, provide a detailed
description of such employee including height,
weight, complexion, and other identifying features
(glasses, beard, mustache, etc.).
5B. If a train is involved, give its direction and state
the car number and/or numbers and its position in the
train, giving the number of the defendant's employee
and/or employees in charge of said car and/or cars
and/or train.
5C. If a police officer appeared at the scene of the
alleged occurrence or is otherwise involved in the
subject matter of the instant action, set forth the
name and shield number of the officer(s) and state
whether he is a Transit or City police officer.
6. A statement of the precise act, acts or omissions
constituting the negligence claimed; if violations of
statutes, ordinances, rules or regulations are
claimed, specify same; if a defective or dangerous
condition and/or defective appliance is claimed,
specify its nature, location and duration.
7. If a defect or foreign substance is alleged to have
caused the occurrence, give the nature of said defect
or foreign substance.
8. Where notice of a condition is a prerequisite, set
forth whether actual or constructive notice is
claimed.
9. If actual notice is claimed, a statement of when, by
and to whom same was given; if constructive, the
approximate length of time it is claimed the
condition existed prior to the occurrence, in the
terms of minutes, or hours, or days, or weeks or
months.
10. Set forth the nature, extent and location of each and
every injury alleged to have been sustained, and
which of the same, if any, are claimed to be
permanent, and in an action designated in subdivision
one of section five thousand one hundred-four of the
Insurance Law, for personal injuries arising out of
negligence in the use or operation of a motor vehicle
in this state, in what respect plaintiff(s) has
(have) sustained a serious injury, as defined in
subdivision four of section five thousand one
hundred-two of the Insurance Law, or economic loss
greater than basic economic loss, as defined in
subdivision one of section five thousand one hundred-
two of the Insurance Law.
11A. Set forth the length of time confined to (a) bed; (b)
house; and (c) if confined to a hospital, state the
name and address thereof and state the dates of
admission and discharge.
11B. If plaintiff is a student, set forth the name and
address of school, grade and class, length of time
absent, giving dates of same.
12. Set forth the vocation of plaintiff(s) and length of
time incapacitated from employment, including the
full name and address of plaintiff's(s') employer.
Set forth whether or not plaintiff is self-employed.
13. Set forth all hospitals, clinics or medical
institutions where plaintiff(s) received treatment
for injuries allegedly sustained as a result of
defendant's alleged negligence, indicating dates of
treatment.
14. Set forth the names and addresses of all doctors and
other medical care providers who treated, examined or
made a diagnosis or provided therapy to plaintiff(s)
for the injuries allegedly sustained as a result of
defendant's alleged negligence, indicating the dates
of services rendered.
15. If plaintiff(s) claim aggravation of a pre-existing
condition, set forth:
(a) the nature of the pre-existing condition;
(b) for how long a period of time said condition
existed prior to the alleged negligence of the
defendant herein;
(c) the names and addresses of all medical care
providers who rendered services to plaintiff(s) for
said pre-existing condition prior to the occurrence
alleged in the complaint;
(d) the names and addresses of all medical care
providers who rendered services to plaintiff(s) for
any aggravation of said pre-existing condition
subsequent to the occurrence alleged in the
complaint, indicating date of treatment.
16. Set forth whether plaintiff(s) has ever sustained
injuries, prior to the injuries alleged in the
complaint, to the same portion(s) of the body as were
allegedly injured as a result of defendant's alleged
negligence.
16A. If yes, set forth:
(a) the date of said injury;
(b) the physicians and hospitals or clinics who
rendered services in connection therewith; and
(c) whether any action in any court was brought as a
result of said injuries.
17. Set forth whether any legal actions have been brought
or claims made for the injuries complained of herein
other than in the present proceedings.
18. Set forth the total amounts claimed as special
damages for:
A. Physicians' names and addresses, amount for
services performed and medical supplies.
B. Loss of earnings, with name and address of
employers.
C. Anticipated loss of earnings alleged to have
arisen from the injuries claimed.
D. Anticipated loss of earning capacity outlining
what possible occupations, promotions or business
opportunities plaintiff claims to have lost as a
result of the alleged accident.
E. Hospitals and clinics, indicating the amount for
each.
F. Nurse or maid service or other special services,
indicating names and addresses and amount for
each.
G. Therapists, indicating the names and addresses
and amounts for each.
H. Reasonable and necessary expense(s) incurred by
plaintiff in obtaining services in lieu of those
he would have performed for income; name and
address of person or persons performing such
services and period of time in which such
services were performed.
I. Or any other special damages claimed by
plaintiff.
19A. If property damage is claimed, forward itemized list
of damage and itemized cost; if property damage be to
a vehicle, state make, model and age of vehicle,
together with list of repairs and itemized cost of
same.
19B. If loss of use of a vehicle is claimed, set forth
length of time; and if a vehicle was hired to replace
it, the reasonable rate therefore per unit of time,
and total cost thereof.
20. If loss of services and/or society of any person is
claimed, set forth length of time thereof and the
nature and extent of the alleged loss.
21. If loss of earnings is claimed, set forth whether any
portion, in whole or in part, was reimbursed by
disability insurance, worker's compensation, social
security or some other collateral source.
22. If any of the special damages set forth above were
reimbursed to any degree by insurance, worker's
compensation, Medicare, Medicaid, social security or
other collateral source covering:
(a) medical and dental expenses, (b) replacement of
income, (c) or other expense, set forth:
(1) the amount reimbursed,
(2) the reimbursing agency, and
(3) whether said reimbursing agency has filed a lien
in connection therewith.
Include (1) any benefit covering any alleged loss
herein and (2) the nature of the benefit. If the
benefit is in the form of insurance, include
(1) the name and address of the carrier, (2) the
amount of the premium, (3) the source of payment of
the premium and (4) the policy number. In providing
the sources of all benefits, list the names of
employers, unions pension plans, etc. and all other
information identifying with specificity the source
of the benefits.
Dated: Brooklyn, New York
September 27, 2013
Yours, etc.,
WALLACE D. GOSSETT
Attorney for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
AND WILLIAM HAYES
130 Livingston Street
11th Floor
Brooklyn, New York 11201
Telephone: 1-718-694-3845
TO: (SEE RIDER ATTACHED)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------- x
JASON STARKMAN AND VIVIANA CHIRIBOGA,
Plaintiff(s),
COMBINED DEMANDS
-against-
NEW YORK CITY TRANSIT AUTHORITY,
WILLIAM J. HAYES, IVAN GRBIC, CITY
OF NEW YORK, NEW YORK CITY POLICE
DEPARTMENT, JOHN DOE I, BELIEVED
TO BE AN EMPLOYEE OF THE NEW YORK
CITY POLICE DEPARTMENT and JOHN
DOE II,
Defendant(s).
--------------------------------------- X
DEMAND FOR MEDICAL AND HOSPITAL RECORDS AND DIAGNOSTIC FILMS
Demand is made that you serve upon the attorney for the
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all medical,
physician and hospital records and reports and all reports,
office records, charts, prescriptions, x-rays, radiological
films, CT Scans, MRIs, diagnosis reports and laboratory reports
of physicians and all other medical care providers who saw,
examined, diagnosed and/or rendered treatment to plaintiff(s),
and/or stated a prognosis regarding plaintiff’s alleged
condition, in connection with injuries claimed in the above-
entitled action and HIPAA-compliant authorizations therefore
within thirty (30) days. Duplicate originals of the foregoing
are to be provided to the attorney for the defendant no later
than fifteen (15) days prior to the plaintiff's physical
examination(s), the cost of duplication to be borne by the
defendant.
Further demand is made that you serve upon the attorney
for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all
medical, physician and hospital records and reports and all
reports, office records, charts, prescriptions, x-rays,
radiological films, CT Scans, MRIs, diagnosis reports and
laboratory reports of physicians and all other medical care
providers who saw, examined, diagnosed and/or rendered treatment
to plaintiff(s), and/or stated a prognosis regarding plaintiff’s
alleged condition, in connection with prior or subsequent
injuries sustained to the same parts of the body which plaintiff
claims to have injured in the above-entitled action and HIPAA-
compliant authorizations therefore within thirty (30) days.
Duplicate originals of the foregoing are to be provided to the
attorney for the defendant no later than fifteen (15) days prior
to the plaintiff's physical examination(s), the cost of
duplication to be borne by the defendant.
DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES
PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES demand(s) that you set forth in
writing, under oath, and serve upon us within ten (10) days of
this date:
a. The names and addresses, both residence and business,
of each person known or claimed by you to be a
witness to the occurrence.
b. The names and addresses, both residence and business,
of each person known or claimed by you to be a
witness as to notice of the condition alleged in the
complaint in this action.
c. The names and addresses, both residence and business,
of each person intended by plaintiff(s) to be called
to testify at trial.
PLEASE TAKE FURTHER NOTICE that this demand shall be
deemed to continue during the pendency of this action and
defendant(s) will object upon the trial to the testimony of any
witness not identified pursuant to this demand.
NOTICE OF DISCOVERY AND INSPECTION FOR EXPERT INFORMATION
PLEASE TAKE NOTICE, that the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES herein request(s) that the
plaintiff(s) identify within twenty (20) days from the date
hereof each person whom the plaintiff(s) expects to call as an
expert witness as trial and shall in addition thereto, provide
the following information:
1. The subject matter on which each expert is expected
to testify including a specification of the specialty
of the expert, and the are of medicine or other area
in which his/her is expected to testify;
2. The sum and substance of the facts on which the
expert is expected to testify, including any
hypothetical facts that the expert has been asked to
assume;
3. A recitation of each of the opinions of the expert;
4. A summary of the grounds for each expert's opinion
including a specification of any real evidence,
opinion evidence or facts on which each opinion is
based;
5. A recitation of the qualifications of each expert
setting forth the following:
(a) Whether or not the expert is Board Certified and
if so, the name of the Certifying Board and the
year that the expert was certified;
(b) The State(s) in which the expert is licensed to
practice medicine, or other area of specialty;
(c) The State(s) in which the expert regularly
practices medicine, or other area of specialty;
(d) The State in which the expert maintains his
regular office for the practice of medicine or
other specialty;
(e) Any text, article, feature, published letter or
other work authored, contributed to or edited by
the expert identified by publication, volume
number, date or other appropriate identifying
matter including title, etc.;
(f) The area of specialization regularly practiced by
the expert;
(g) The undergraduate school and the year of
graduation of the expert;
(h) Any medical schools or other graduate and/or post
graduate and/or professional institutions
attended by the expert including the years of
attendance and graduation;
(i) The internship, residency, fellowship and/or
other specialized training of the expert,
including years of attendance, institutions
attended and years of graduation, if any
(j) Such other qualifications as the expert may
possess.
6. With respect to each and every economist, actuary or
other non-medical expert state the name and address
of each such expert you expect to call as a witness
at trial, in addition to the items requested above,
also state in reasonable detail:
(a) The subject matter of which each expert is
expected to testify, including but not limited to
projected items of expense, lost earnings or
other loss, and present value of projected items;
(b) The sum and substance of the facts and opinions
on which the expert is expected to testify as to
the matters set forth in response to subparagraph
(a).
NOTICE TO PRODUCE PHOTOGRAPHS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Law and Rules, you are hereby required to produce
at the offices of the undersigned attorneys within ten (10) days
from the date herein, any photographs, negatives, blowups,
photographic enhancements, enlargements, movies, videotapes or
other visual reproductions of the site of the accident at issue
and/or of injuries claimed by the plaintiff(s) herein relating
to the issues in this matter and/or of the vehicles allegedly
involved and/or any other photographs, videotapes or other
visual reproductions which any opposing party intends to
introduce at trial. Include the date taken and/or modified and
name and address of the photographer.
NOTICE FOR DISCOVERY AND INSPECTION OF INCOME TAX AND EMPLOYMENT
RECORDS
PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES, by its/their attorney WALLACE D.
GOSSETT, demand(s) that you produce the following, pursuant to
Article 3l of the CPLR, for its discovery and inspection within
twenty (20) days:
1. The names and addresses of all institutions, firms,
corporations, partnerships, persons or others by whom
the plaintiff(s) were employed by or from whom the
plaintiffs received salary and/or income benefits for
the three (3) years prior to plaintiff's
incapacitation as claimed herein and for one (1) year
subsequent.
2. Duly executed authorizations to permit the defendant
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES to
obtain the records of the aforesaid with respect to
the plaintiffs' earnings, position, title, working
capacity, record of attendance, record of illness and
employment status.
3. In the event that either plaintiff or both was self-
employed, an independent contractor, employed by
relatives, or in the presence of any other special
circumstances, it is demanded that the plaintiffs
provide duly executed authorizations to permit the
defendant to obtain copies of any and all federal,
state and city income tax returns for the years
specified in item "1", and it is further demanded
that the plaintiffs produce for copying and
inspection all W-2 forms for the years specified in
item "1". As to the federal government your response
must include a signed IRS form 4506.
NOTICE FOR DISCOVERY AND INSPECTION
FOR COLLATERAL SOURCE REIMBURSEMENT
PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES, by its/their attorney WALLACE D.
GOSSETT, demand(s) that you produce the following, pursuant to
Article 3l of the CPLR, for its discovery and inspection within
twenty (20) days:
1. Any and all books, records, bills, insurance
applications, insurance receipts, cancelled checks,
copies of checks and any and all other records
pertaining to collateral source reimbursement
received by plaintiffs or on behalf of plaintiffs'
special damages alleged in the instant lawsuit.
2. Duly executed authorizations permitting the
defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND
WILLIAM HAYES to obtain the 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.
3. Duly executed authorizations permitting the
defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND
WILLIAM HAYES to obtain all social security records,
Workers' Compensation records, employee benefit
program records, No-Fault records, Medicare records,
Medicaid records, and any disability records
pertaining to the plaintiffs herein.
DEMAND FOR WORKERS’ COMPENSATION RECORDS
PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES, by its/their attorney WALLACE D.
GOSSETT, demand(s) that you produce the following, pursuant to
Article 3l of the CPLR, for its discovery and inspection within
twenty (20) days from the date herein plaintiff’s complete
workers’ compensation records or his/her and the New York State
Workers’ Compensation Board and provide duly executed
authorizations permitting said defendant(s) to inspect and
obtain complete copies of said workers’ compensation records of
plaintiff’s employer and the New York State Workers’
Compensation Board with respect to the injuries allegedly
sustained in the incident which is the subject of the instant
lawsuit, including but not limited to complete transcripts of
all testimony given.
NOTICE FOR DISCOVERY AND INSPECTION FOR MARRIAGE CERTIFICATES
PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES by its/their attorney WALLACE D.
GOSSETT, demand(s) that you produce the following, pursuant to
Article 3l of the CPLR, for its discovery and inspection within
twenty (20) days:
Copies or authorizations to permit the defendant(s)
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES to
obtain copies of any and all marriage certificates,
or other writings evidencing the marriage allegedly
existing by and between the plaintiffs herein.
NOTICE TO PRODUCE STATUTORY HEARING
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Law and Rules, you are hereby required to produce
at the offices of the undersigned attorney within twenty (20)
days from the date herein,
1. The transcript of statutory hearing conducted of
plaintiff by THE CITY OF NEW YORK or by any public
authority for photocopying at the premises of the
undersigned or in the alternative to provide
defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND
WILLIAM HAYES with photocopies of the aforementioned
item.
2. The executed original transcript of the statutory
hearing conducted of plaintiff by the defendant(s)
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES.
Defendant will deem same executed if it is not
returned executed within the prescribed period.
DEMAND FOR SCHOOL RECORDS
Demand is made that you serve upon the attorney for the
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all school
records and authorizations therefore, for all reports of school
officials relating to the plaintiff's academic and attendance
record at school in connection with injuries claimed in the
above-entitled action.
DEMAND FOR PHARMACY RECORDS
Demand is made that you serve upon the attorney for the
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all
pharmaceutical records and/or authorizations therefore, relating
to the plaintiff's condition and the injuries claimed in the
above-entitled action.
DEMAND FOR METROCARD
Demand is made that you serve upon the attorney for the
NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES a copy of the
metro card used by plaintiff(s) to enter the subway system or
board its bus on the day of the alleged incident which is the
subject matter of the above-entitled action.
NOTICE OF DISCOVERY AND INSPECTION OF BIRTH CERTIFICATE
PLEASE TAKE NOTICE, that the plaintiff(s) is hereby
required to produce for discovery, inspection and copying by
counsel for the defendant(s) copies of the birth certificate of
the infant plaintiff(s) in the above captioned matter.
It is requested that the aforesaid production be made
within twenty (20) days of the date herein at 10:00A.M. at the
law offices of the undersigned.
DEMAND FOR LEGAL REPRESENTATIVES
WALLACE D. GOSSETT, attorney for the NEW YORK CITY
TRANSIT AUTHORITY AND WILLIAM HAYES, demand(s) that you serve
upon the undersigned at the address set forth below within
thirty (30) days, a list of those who have appeared in this
action, together with their post office address and residence
addresses, their attorneys and their attorney's addresses, in
sufficient detail to permit service of papers pursuant to Rule
2103 of the Civil Practice Law and Rules, together with copies
of all pleadings had herein.
DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101 et
seq., the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES
hereby demand(s) that you produce at the offices of the
undersigned, within twenty (20) days the original of each and
every statement and other writing taken or received by said
plaintiff(s) or any other opposing party or their representative
attorneys, agents or representatives, from the NEW YORK CITY
TRANSIT AUTHORITY AND WILLIAM HAYES, or any employee or agent of
said defendant and permitting said defendant or the undersigned
acting on behalf of said defendant to inspect and copy such
statement and writing.
The aforesaid production may be complied by sending a
true copy of each aforementioned statement and writing to the
undersigned within the time hereinbefore specified.
PLEASE TAKE FURTHER NOTICE, that in the event of your
failure to comply with this Notice, the undersigned will move to
preclude plaintiff(s) or other opposing party from introducing
into evidence and from otherwise using each aforementioned
statement and writing for any purpose whatsoever, upon the trial
of this action.
NOTICE OF DISCOVERY AND INSPECTION FOR STATEMENTS NOT REDUCED TO
WRITING
PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101 et
seq., the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES
hereby demand(s) that all opposing parties produce at the office
of the undersigned attorneys, the name and residence of each and
every individual who spoke, discussed or otherwise communicated
with the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, or
with its employees, or agents, about the occurrence of the
alleged injuries herein, together with the business and
residence addresses of each named individual, together with any
notes or memoranda or tape made by such individuals, or by any
one on behalf of any opposing party or opposing party's
attorneys with respect to each such conversation, discussion or
review.
It is requested that the aforesaid production be made
within twenty (20) days of the date herein at 10:00A.M. at the
law offices of the undersigned attorneys. Inspection will be
made and copying at the NEW YORK CITY TRANSIT AUTHORITY AND
WILLIAM HAYES expense and the documents will be promptly
returned after copying has been completed.
PLEASE TAKE FURTHER NOTICE, that in the event of your
failure to comply with this Notice, the undersigned will move to
preclude plaintiff(s) or other opposing party from introducing
into evidence and from otherwise using each aforementioned
statement for any purpose whatsoever, upon the trial of this
action.
NOTICE TO PRODUCE CONTRACTS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Law and Rules, you are hereby required to produce
at the offices of the undersigned attorney within twenty (20)
days from the date herein, all contracts, between and among any
and all defendants and any other entities for the location,
construction, maintenance and repair of bus shelters in the City
of New York for photocopying at the premises of the undersigned
or in the alternative to provide the NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES with photocopies of the
aforementioned documents.
NOTICE TO PRODUCE CONSTRUCTION CONTRACTS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Law and Rules, you are hereby required to produce
at the offices of the undersigned attorney within twenty (20)
days from the date herein, all contracts, permits, work orders,
cut forms, inspection reports, and progress reports and
photographs, between and among any and all defendants and any
other entities for construction, excavation and/or similar type
work at the alleged location of the incident which is the
subject matter of the instant action for a period of two years
prior to the date of the alleged occurrence for photocopying at
the offices of the undersigned or in the alternative to provide
the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES with
photocopies of the aforementioned documents.
DEMAND FOR DOCUMENTS
PLEASE TAKE NOTICE that the codefendant(s) is/are hereby
required to produce for discovery, inspection and copying by
counsel for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM
HAYES, within twenty (20) days, the following:
1. All deeds for the property in question in effect on
the date of the alleged accident;
2. All leases and net leases for the property in
question in effect on the date of the alleged
accident;
3. All easements with drawings for the property in
question in effect on the date of the alleged
accident;
4. All maintenance contracts for the property in
question in effect on the date of the alleged
accident;
5. All maintenance and repair records for the property
in question for a period of two years prior to and
including the date of the alleged accident;
6. All records of inspection for the property in
question for a period of two years prior to and
including the date of the alleged accident;
7. All records for construction and renovation
pertaining to the property in question for a period
of two years prior to and including the date of the
alleged accident;
8. All records or reports of accidents on the property
in question for a period of two years prior to and
including the date of the alleged accident.
NOTICE TO PRODUCE ACCIDENT REPORTS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Law and Rules, you are hereby required to produce
at the offices of the undersigned attorney within twenty (20)
days from the date herein, all accident and incident reports
prepared in the ordinary course of business, any reports
prepared for the Department of Motor Vehicles, and any reports
prepared for your client's insurance carrier for photocopying at
the premises of the undersigned or in the alternative to provide
the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES with
photocopies of the aforementioned documents.
DEMAND FOR RECORDS OF SIMILAR ACCIDENTS & PRIOR WRITTEN NOTICE
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Laws and Rules, you are hereby required to
produce at the offices of the undersigned attorney within twenty
(20) days the following:
1. all accident reports, letters, or other
correspondence, of complaint, and records of verbal complaint,
of persons claiming to have had accidents of a nature similar to
that of the plaintiff(s) herein for a period of two years prior
and one year subsequent to the date of the alleged accident
which is the subject matter of the instant suit.
2a. all summonses and complaints, answers, demands for
bills of particulars and responses thereto, discovery demands
and responses thereto, photographs exchanged between the
parties, deposition transcripts, and notices to admit and
responses thereto, pertaining to actions commenced arising out
of accidents as described in item # 1 above.
2b. in the case of the City of New York, the documents
requested include all notices of claim pertaining to claims
arising out of accidents as described in item # 1 above and
records of prior written notice of the condition alleged by
plaintiff(s) herein, including but not limited to (1) all Big
Apple maps showing the location and/or alleged defect in
question, (2) all records of the Department of Transportation’s
Prior Notification Unit showing the location and/or alleged
defect in question, and (3) all records of the Bureau of
Highways showing the location and/or alleged defect in question,
for a period of two years prior and one year subsequent to the
date of the alleged accident which is the subject matter of the
instant suit.
2c. in the case of the City of New York, where plaintiff
alleges a snow and/or ice condition, the documents requested
include all plow records, salting and sanding records, and
District Office logs for the location in question, for a period
of two months prior and two months subsequent to the date of the
alleged accident which is the subject matter of the instant
suit.
DEMAND FOR MOTOR VEHICLE RECORDS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the
Civil Practice Laws and Rules, you are hereby required to
produce at the offices of the undersigned attorney within twenty
(20) days the following:
1. a copy of the title and registration for your client's
vehicle,
2. All maintenance, repair, and inspection records for
your client's vehicle for a period of two years prior to the
date of the alleged accident which is the subject of the instant
suit.
NOTICE OF REFUSAL TO ACCEPT SERVICE BY FAX
PLEASE TAKE NOTICE, that the undersigned will not accept
service of any papers by electronic means such as facsimile
pursuant to CPLR rule 2103(b) (5). The presence of any fax
number on letterhead or other papers does not constitute a
waiver of this notice.
NOTICE OF REFUSAL TO ACCEPT SERVICE BY ELECTRONIC FILING
EXCEPT FOR PAPERS SERVED PURSUANT TO MADATORY E-FILING
PLEASE TAKE NOTICE that defendant(s) NEW YORK CITY
TRANSIT AUTHORITY AND WILLIAM HAYES, by attorney, WALLACE D.
GOSSETT, hereby advises that defendant(s) do not consent to
service by electronic filing of litigation papers by such
method, except for papers served pursuant to Mandatory E-Filing,
and
PLEASE TAKE FURTHER NOTICE that service of litigation
papers in this or any other action upon the undersigned by
“ELECTRONIC FILING” will not be accepted and is not authorized,
except upon written permission given at least twenty-four (24)
hours prior to such service and except for papers served
pursuant to Mandatory E-Filing.
Any papers served electronically, except for those
pursuant to Mandatory E-Filing are hereby rejected and are
deemed a nullity.
IN THE EVENT OF NONCOMPLIANCE WITH THESE DEMANDS
PLEASE TAKE FURTHER NOTICE, that upon failure to produce
the aforesaid items within the time allotted, a motion will be
made to the Court for the appropriate relief with costs.
Dated: Brooklyn, New York
September 27, 2013
Yours, etc.,
WALLACE D. GOSSETT
Attorney for Defendant(s)
NEW YORK CITY TRANSIT
AUTHORITY AND WILLIAM HAYES
130 Livingston Street
11th Floor
Brooklyn, New York 11201
Telephone: 1-718-694-3845
TO: (SEE RIDER ATTACHED)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------- x
JASON STARKMAN AND VIVIANA CHIRIBOGA,
Plaintiff(s),
NOTICE TO TAKE
-against-
DEPOSITION UPON ORAL
NEW YORK CITY TRANSIT AUTHORITY, EXAMINATION
WILLIAM J. HAYES, IVAN GRBIC, CITY
OF NEW YORK, NEW YORK CITY POLICE
DEPARTMENT, JOHN DOE I, BELIEVED
TO BE AN EMPLOYEE OF THE NEW YORK
CITY POLICE DEPARTMENT and JOHN
DOE II,
Defendant(s).
--------------------------------------- X
S I R S:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the
Civil Practice Law and Rules the testimony, upon oral
examination of ALL PARTIES as adverse parties, will be taken
before a Notary Public, who is not an attorney, or employee of
an attorney, for any party or prospective party herein and is
not a person who would be disqualified to act as a juror because
of interest or because of consanguinity or affinity to any party
herein, at the offices of Wallace D. Gossett, Esq., 130
Livingston Street, 11th Floor, Brooklyn, New York 11201, on the
16th day of January , 2014, at 2:00 o'clock in the
afternoon of that day with respect to evidence material and
necessary in the defense of this action.
That the said person(s) to be examined is(are) required to
produce at such examination the following: All the relevant
books and records, pursuant to CPLR 3111.
Dated: Brooklyn, New York
September 27, 2013
Yours, etc.,
WALLACE D. GOSSETT
Attorney for Defendant(s)
Preview
FILED: KINGS COUNTY CLERK 09/27/2013 INDEX NO. 505279/2013 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2013 MXW/mjl/1481235 BU-12-11-16-01-005 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - - - - - - - - - - - - - - - - - - -x JASON STARKMAN and VIVIANA CHIRIBOGA, Index No.: 505279/13 Plaintiff(s), VERIFIED ANSWER -against- NEW YORK CITY TRANSIT AUTHORITY, WILLIAM J. HAYES, IVAN GRBIC, CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, JOHN DOE I, BELIEVED TO BE AN EMPLOYEE OF THE NEW YORK CITY POLICE DEPARTMENT and JOHN DOE II, Defendant(s). - - - - - - - - - - - - - - - - - - -x Defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES (sued herein as “WILLIAM J. HAYES”) for their verified answer to the verified complaint of the plaintiff(s) herein: AS AND FOR A FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF JASON STARKMAN 1. Deny that they have any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph(s) of the verified complaint numbered 1, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 36, 37, 38, 39, 40, 41, 42, 43, 44, 54 and 55. 2. Deny, upon information and belief, each and every allegation contained in paragraph(s) of the verified complaint numbered 2 except admits that at all times mentioned in the verified complaint defendant NEW YORK CITY TRANSIT AUTHORITY was and still is a public benefit corporation duly organized and existing under and by virtue of the laws of the State of New York. 3. Deny, upon information and belief, each and every allegation contained in paragraph(s) of the verified complaint numbered 5 and 8 except admit(s) that a certain paper purporting to be a notice of claim was received by the office of the defendant(s), NEW YORK CITY TRANSIT AUTHORITY; that more than thirty days elapsed since receipt thereof and said matter remains unadjusted and unpaid. 4. Deny, upon information and belief, each and every allegation contained in paragraph(s) of the verified complaint numbered 27, 28, 29, 30, 31, 32, 33, 34 and 35 except admits that at all times mentioned in the verified complaint defendant NEW YORK CITY TRANSIT AUTHORITY owned, operated and maintained a bus bearing New York State license plate number K41999 and that defendant bus operator WILLIAM HAYES operated said bus in the regular course of his employment for and with the permission and consent of defendant NEW YORK CITY TRANSIT AUTHORITY. 5. Deny, upon information and belief, each and every allegation contained in paragraph(s) of the verified complaint numbered 45, 46, 47, 48, 49, 50, 51, 52, 53, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65. AS AND FOR A SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF VIVIANA CHIRIBOGA 6. Answering paragraph not numbered of the verified complaint, defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 7. Deny that they have any knowledge or information thereof sufficient to form a belief as to each and every allegation contained in paragraph(s) of the verified complaint numbered 66 and 68. 8. Deny, upon information and belief, each and every allegation contained in paragraph(s) of the verified complaint numbered 67 and 69. FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ALLEGED CAUSE(S) OF ACTION OF PLAINTIFF(S) AND IN DIMINUTION OF DAMAGES, DEFENDANT(S), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, ALLEGE(S), UPON INFORMATION AND BELIEF: 9. That whatever injuries or damages the plaintiff(s) may have sustained at the time and place mentioned in the verified complaint, were caused, in whole or in part, by the culpable conduct of the said plaintiff(s), said culpable conduct having contributed thereto. 10. The amount of damages recovered, if any, shall therefore be diminished in the proportion which the said culpable conduct attributable to plaintiff(s), bears to the culpable conduct which caused the said damages. FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ALLEGED CAUSE(S) OF ACTION OF PLAINTIFF(S) AND IN DIMINUTION OF DAMAGES, DEFENDANT(S), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, ALLEGE(S), UPON INFORMATION AND BELIEF: 11. Any award for recovery of the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss claimed by plaintiff(s) shall be reduced to the extent that any such cost or expense was or will with reasonable certainty be replaced or indemnified from any collateral source pursuant to CPLR 4545. FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ALLEGED CAUSE(S) OF ACTION OF PLAINTIFF(S) AND IN DIMINUTION OF DAMAGES, DEFENDANT(S), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, ALLEGE(S), UPON INFORMATION AND BELIEF: 12. That upon information and belief, plaintiff(s), JASON STARKMAN and VIVIANA CHIRIBOGA, were not wearing seat belts at the time the alleged occurrence took place and, accordingly, any awards made to and accepted by the plaintiff(s) for any injuries set forth in the verified complaint must be reduced in such proportion to the extent that the injuries complained of were caused and/or aggravated by the plaintiff('s/s'), JASON STARKMAN and VIVIANA CHIRIBOGA, failure to wear a seat belt and have same operational at the time of the occurrence. FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TO THE ALLEGED CAUSE(S) OF ACTION OF PLAINTIFF(S), DEFENDANT(S), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, ALLEGE(S), UPON INFORMATION AND BELIEF: 13. The complaint fails to comply with CPLR Section 3017(a) in that it fails to set forth the amount of damages to which plaintiff(s) deem(s) themselves entitled. AS AND FOR A CROSS-CLAIM AGAINST DEFENDANT(S), IVAN GRBIC, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, DEFENDANT(S), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, ALLEGE(S), UPON INFORMATION AND BELIEF: 14. That if the plaintiff(s) were caused to sustain injuries or damages at the time and place set forth in plaintiff('s/s') complaint, through any negligence, carelessness and recklessness other than said plaintiff(‘s/s’) own negligence, carelessness and recklessness, said injuries and damages were sustained by reason of the negligence, carelessness and recklessness of the defendant(s), IVAN GRBIC, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, and if there is any recovery obtained by the plaintiff(s) against the defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, they will be damaged thereby, and the defendant(s), IVAN GRBIC, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, will be primarily responsible therefore. 15. By reason of the foregoing, the defendant(s), IVAN GRBIC, THE CITY OF NEW YORK and NEW YORK CITY POLICE DEPARTMENT, will be liable to the defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, in whole or in part for any such recovery against the defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES. WHEREFORE, defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, demand(s) judgment dismissing the complaint of the plaintiff(s) with costs; but if the plaintiff(s) herein recover(s) against the defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, then defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, demand(s) that such recovery be diminished in the proportion which the culpable conduct attributable to the plaintiff(s), bears to the culpable conduct which caused the damages herein; the defendant(s), NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES, further demands(s) that the judgment entered, based on such diminished recovery, be entered so that the liability of each defendant(s) be apportioned and said judgment entered in accordance with each such defendant's degree of culpability. WALLACE D. GOSSETT Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY and WILLIAM HAYES Office and Post Office Address 130 Livingston Street Brooklyn, New York 11201 Telephone No.: (718)694-3845 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------- x JASON STARKMAN AND VIVIANA CHIRIBOGA, Plaintiff(s), DEMAND FOR BILL OF -against- PARTICULARS NEW YORK CITY TRANSIT AUTHORITY, WILLIAM J. HAYES, IVAN GRBIC, CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, JOHN DOE I, BELIEVED TO BE AN EMPLOYEE OF THE NEW YORK CITY POLICE DEPARTMENT and JOHN DOE II, Defendant(s). --------------------------------------- X S I R S: PLEASE TAKE NOTICE that pursuant to Section 3041, et seq. of the CPLR, the defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES hereby demand(s) that the plaintiff(s), within twenty (20) days after service of this demand, serve on the attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES a VERIFIED BILL OF PARTICULARS of the claim alleged in the complaint showing the following details, or, in lieu thereof, a statement that the plaintiff(s) has no knowledge or information concerning them: 1. Residence of plaintiff, giving street and number. 1A. Set forth the date of birth of each plaintiff. 1B. Set forth the social security number of each plaintiff. 2. Date and approximate time of occurrence. 3. The exact location of the alleged occurrence, giving distance from and between certain fixed points, such as street corners, curbs, crosswalks, buildings, ends of station platforms, etc. 4. If said occurrence took place on a stairway, give the exact location, the number of said stairway and the particular step thereon. 5A. If a bus or other transit vehicle is involved, give its direction, the number thereof and the badge number of the defendant's employee in charge of said bus or other transit vehicle and the name of said employee; if the name and badge number of said employee is unavailable, provide a detailed description of such employee including height, weight, complexion, and other identifying features (glasses, beard, mustache, etc.). 5B. If a train is involved, give its direction and state the car number and/or numbers and its position in the train, giving the number of the defendant's employee and/or employees in charge of said car and/or cars and/or train. 5C. If a police officer appeared at the scene of the alleged occurrence or is otherwise involved in the subject matter of the instant action, set forth the name and shield number of the officer(s) and state whether he is a Transit or City police officer. 6. A statement of the precise act, acts or omissions constituting the negligence claimed; if violations of statutes, ordinances, rules or regulations are claimed, specify same; if a defective or dangerous condition and/or defective appliance is claimed, specify its nature, location and duration. 7. If a defect or foreign substance is alleged to have caused the occurrence, give the nature of said defect or foreign substance. 8. Where notice of a condition is a prerequisite, set forth whether actual or constructive notice is claimed. 9. If actual notice is claimed, a statement of when, by and to whom same was given; if constructive, the approximate length of time it is claimed the condition existed prior to the occurrence, in the terms of minutes, or hours, or days, or weeks or months. 10. Set forth the nature, extent and location of each and every injury alleged to have been sustained, and which of the same, if any, are claimed to be permanent, and in an action designated in subdivision one of section five thousand one hundred-four of the Insurance Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect plaintiff(s) has (have) sustained a serious injury, as defined in subdivision four of section five thousand one hundred-two of the Insurance Law, or economic loss greater than basic economic loss, as defined in subdivision one of section five thousand one hundred- two of the Insurance Law. 11A. Set forth the length of time confined to (a) bed; (b) house; and (c) if confined to a hospital, state the name and address thereof and state the dates of admission and discharge. 11B. If plaintiff is a student, set forth the name and address of school, grade and class, length of time absent, giving dates of same. 12. Set forth the vocation of plaintiff(s) and length of time incapacitated from employment, including the full name and address of plaintiff's(s') employer. Set forth whether or not plaintiff is self-employed. 13. Set forth all hospitals, clinics or medical institutions where plaintiff(s) received treatment for injuries allegedly sustained as a result of defendant's alleged negligence, indicating dates of treatment. 14. Set forth the names and addresses of all doctors and other medical care providers who treated, examined or made a diagnosis or provided therapy to plaintiff(s) for the injuries allegedly sustained as a result of defendant's alleged negligence, indicating the dates of services rendered. 15. If plaintiff(s) claim aggravation of a pre-existing condition, set forth: (a) the nature of the pre-existing condition; (b) for how long a period of time said condition existed prior to the alleged negligence of the defendant herein; (c) the names and addresses of all medical care providers who rendered services to plaintiff(s) for said pre-existing condition prior to the occurrence alleged in the complaint; (d) the names and addresses of all medical care providers who rendered services to plaintiff(s) for any aggravation of said pre-existing condition subsequent to the occurrence alleged in the complaint, indicating date of treatment. 16. Set forth whether plaintiff(s) has ever sustained injuries, prior to the injuries alleged in the complaint, to the same portion(s) of the body as were allegedly injured as a result of defendant's alleged negligence. 16A. If yes, set forth: (a) the date of said injury; (b) the physicians and hospitals or clinics who rendered services in connection therewith; and (c) whether any action in any court was brought as a result of said injuries. 17. Set forth whether any legal actions have been brought or claims made for the injuries complained of herein other than in the present proceedings. 18. Set forth the total amounts claimed as special damages for: A. Physicians' names and addresses, amount for services performed and medical supplies. B. Loss of earnings, with name and address of employers. C. Anticipated loss of earnings alleged to have arisen from the injuries claimed. D. Anticipated loss of earning capacity outlining what possible occupations, promotions or business opportunities plaintiff claims to have lost as a result of the alleged accident. E. Hospitals and clinics, indicating the amount for each. F. Nurse or maid service or other special services, indicating names and addresses and amount for each. G. Therapists, indicating the names and addresses and amounts for each. H. Reasonable and necessary expense(s) incurred by plaintiff in obtaining services in lieu of those he would have performed for income; name and address of person or persons performing such services and period of time in which such services were performed. I. Or any other special damages claimed by plaintiff. 19A. If property damage is claimed, forward itemized list of damage and itemized cost; if property damage be to a vehicle, state make, model and age of vehicle, together with list of repairs and itemized cost of same. 19B. If loss of use of a vehicle is claimed, set forth length of time; and if a vehicle was hired to replace it, the reasonable rate therefore per unit of time, and total cost thereof. 20. If loss of services and/or society of any person is claimed, set forth length of time thereof and the nature and extent of the alleged loss. 21. If loss of earnings is claimed, set forth whether any portion, in whole or in part, was reimbursed by disability insurance, worker's compensation, social security or some other collateral source. 22. If any of the special damages set forth above were reimbursed to any degree by insurance, worker's compensation, Medicare, Medicaid, social security or other collateral source covering: (a) medical and dental expenses, (b) replacement of income, (c) or other expense, set forth: (1) the amount reimbursed, (2) the reimbursing agency, and (3) whether said reimbursing agency has filed a lien in connection therewith. Include (1) any benefit covering any alleged loss herein and (2) the nature of the benefit. If the benefit is in the form of insurance, include (1) the name and address of the carrier, (2) the amount of the premium, (3) the source of payment of the premium and (4) the policy number. In providing the sources of all benefits, list the names of employers, unions pension plans, etc. and all other information identifying with specificity the source of the benefits. Dated: Brooklyn, New York September 27, 2013 Yours, etc., WALLACE D. GOSSETT Attorney for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES 130 Livingston Street 11th Floor Brooklyn, New York 11201 Telephone: 1-718-694-3845 TO: (SEE RIDER ATTACHED) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------- x JASON STARKMAN AND VIVIANA CHIRIBOGA, Plaintiff(s), COMBINED DEMANDS -against- NEW YORK CITY TRANSIT AUTHORITY, WILLIAM J. HAYES, IVAN GRBIC, CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, JOHN DOE I, BELIEVED TO BE AN EMPLOYEE OF THE NEW YORK CITY POLICE DEPARTMENT and JOHN DOE II, Defendant(s). --------------------------------------- X DEMAND FOR MEDICAL AND HOSPITAL RECORDS AND DIAGNOSTIC FILMS Demand is made that you serve upon the attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all medical, physician and hospital records and reports and all reports, office records, charts, prescriptions, x-rays, radiological films, CT Scans, MRIs, diagnosis reports and laboratory reports of physicians and all other medical care providers who saw, examined, diagnosed and/or rendered treatment to plaintiff(s), and/or stated a prognosis regarding plaintiff’s alleged condition, in connection with injuries claimed in the above- entitled action and HIPAA-compliant authorizations therefore within thirty (30) days. Duplicate originals of the foregoing are to be provided to the attorney for the defendant no later than fifteen (15) days prior to the plaintiff's physical examination(s), the cost of duplication to be borne by the defendant. Further demand is made that you serve upon the attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all medical, physician and hospital records and reports and all reports, office records, charts, prescriptions, x-rays, radiological films, CT Scans, MRIs, diagnosis reports and laboratory reports of physicians and all other medical care providers who saw, examined, diagnosed and/or rendered treatment to plaintiff(s), and/or stated a prognosis regarding plaintiff’s alleged condition, in connection with prior or subsequent injuries sustained to the same parts of the body which plaintiff claims to have injured in the above-entitled action and HIPAA- compliant authorizations therefore within thirty (30) days. Duplicate originals of the foregoing are to be provided to the attorney for the defendant no later than fifteen (15) days prior to the plaintiff's physical examination(s), the cost of duplication to be borne by the defendant. DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES demand(s) that you set forth in writing, under oath, and serve upon us within ten (10) days of this date: a. The names and addresses, both residence and business, of each person known or claimed by you to be a witness to the occurrence. b. The names and addresses, both residence and business, of each person known or claimed by you to be a witness as to notice of the condition alleged in the complaint in this action. c. The names and addresses, both residence and business, of each person intended by plaintiff(s) to be called to testify at trial. PLEASE TAKE FURTHER NOTICE that this demand shall be deemed to continue during the pendency of this action and defendant(s) will object upon the trial to the testimony of any witness not identified pursuant to this demand. NOTICE OF DISCOVERY AND INSPECTION FOR EXPERT INFORMATION PLEASE TAKE NOTICE, that the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES herein request(s) that the plaintiff(s) identify within twenty (20) days from the date hereof each person whom the plaintiff(s) expects to call as an expert witness as trial and shall in addition thereto, provide the following information: 1. The subject matter on which each expert is expected to testify including a specification of the specialty of the expert, and the are of medicine or other area in which his/her is expected to testify; 2. The sum and substance of the facts on which the expert is expected to testify, including any hypothetical facts that the expert has been asked to assume; 3. A recitation of each of the opinions of the expert; 4. A summary of the grounds for each expert's opinion including a specification of any real evidence, opinion evidence or facts on which each opinion is based; 5. A recitation of the qualifications of each expert setting forth the following: (a) Whether or not the expert is Board Certified and if so, the name of the Certifying Board and the year that the expert was certified; (b) The State(s) in which the expert is licensed to practice medicine, or other area of specialty; (c) The State(s) in which the expert regularly practices medicine, or other area of specialty; (d) The State in which the expert maintains his regular office for the practice of medicine or other specialty; (e) Any text, article, feature, published letter or other work authored, contributed to or edited by the expert identified by publication, volume number, date or other appropriate identifying matter including title, etc.; (f) The area of specialization regularly practiced by the expert; (g) The undergraduate school and the year of graduation of the expert; (h) Any medical schools or other graduate and/or post graduate and/or professional institutions attended by the expert including the years of attendance and graduation; (i) The internship, residency, fellowship and/or other specialized training of the expert, including years of attendance, institutions attended and years of graduation, if any (j) Such other qualifications as the expert may possess. 6. With respect to each and every economist, actuary or other non-medical expert state the name and address of each such expert you expect to call as a witness at trial, in addition to the items requested above, also state in reasonable detail: (a) The subject matter of which each expert is expected to testify, including but not limited to projected items of expense, lost earnings or other loss, and present value of projected items; (b) The sum and substance of the facts and opinions on which the expert is expected to testify as to the matters set forth in response to subparagraph (a). NOTICE TO PRODUCE PHOTOGRAPHS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorneys within ten (10) days from the date herein, any photographs, negatives, blowups, photographic enhancements, enlargements, movies, videotapes or other visual reproductions of the site of the accident at issue and/or of injuries claimed by the plaintiff(s) herein relating to the issues in this matter and/or of the vehicles allegedly involved and/or any other photographs, videotapes or other visual reproductions which any opposing party intends to introduce at trial. Include the date taken and/or modified and name and address of the photographer. NOTICE FOR DISCOVERY AND INSPECTION OF INCOME TAX AND EMPLOYMENT RECORDS PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, by its/their attorney WALLACE D. GOSSETT, demand(s) that you produce the following, pursuant to Article 3l of the CPLR, for its discovery and inspection within twenty (20) days: 1. The names and addresses of all institutions, firms, corporations, partnerships, persons or others by whom the plaintiff(s) were employed by or from whom the plaintiffs received salary and/or income benefits for the three (3) years prior to plaintiff's incapacitation as claimed herein and for one (1) year subsequent. 2. Duly executed authorizations to permit the defendant NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES to obtain the records of the aforesaid with respect to the plaintiffs' earnings, position, title, working capacity, record of attendance, record of illness and employment status. 3. In the event that either plaintiff or both was self- employed, an independent contractor, employed by relatives, or in the presence of any other special circumstances, it is demanded that the plaintiffs provide duly executed authorizations to permit the defendant to obtain copies of any and all federal, state and city income tax returns for the years specified in item "1", and it is further demanded that the plaintiffs produce for copying and inspection all W-2 forms for the years specified in item "1". As to the federal government your response must include a signed IRS form 4506. NOTICE FOR DISCOVERY AND INSPECTION FOR COLLATERAL SOURCE REIMBURSEMENT PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, by its/their attorney WALLACE D. GOSSETT, demand(s) that you produce the following, pursuant to Article 3l of the CPLR, for its discovery and inspection within twenty (20) days: 1. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of checks and any and all other records pertaining to collateral source reimbursement received by plaintiffs or on behalf of plaintiffs' special damages alleged in the instant lawsuit. 2. Duly executed authorizations permitting the defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES to obtain the 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. 3. Duly executed authorizations permitting the defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES to obtain all social security records, Workers' Compensation records, employee benefit program records, No-Fault records, Medicare records, Medicaid records, and any disability records pertaining to the plaintiffs herein. DEMAND FOR WORKERS’ COMPENSATION RECORDS PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, by its/their attorney WALLACE D. GOSSETT, demand(s) that you produce the following, pursuant to Article 3l of the CPLR, for its discovery and inspection within twenty (20) days from the date herein plaintiff’s complete workers’ compensation records or his/her and the New York State Workers’ Compensation Board and provide duly executed authorizations permitting said defendant(s) to inspect and obtain complete copies of said workers’ compensation records of plaintiff’s employer and the New York State Workers’ Compensation Board with respect to the injuries allegedly sustained in the incident which is the subject of the instant lawsuit, including but not limited to complete transcripts of all testimony given. NOTICE FOR DISCOVERY AND INSPECTION FOR MARRIAGE CERTIFICATES PLEASE TAKE NOTICE that the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES by its/their attorney WALLACE D. GOSSETT, demand(s) that you produce the following, pursuant to Article 3l of the CPLR, for its discovery and inspection within twenty (20) days: Copies or authorizations to permit the defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES to obtain copies of any and all marriage certificates, or other writings evidencing the marriage allegedly existing by and between the plaintiffs herein. NOTICE TO PRODUCE STATUTORY HEARING PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days from the date herein, 1. The transcript of statutory hearing conducted of plaintiff by THE CITY OF NEW YORK or by any public authority for photocopying at the premises of the undersigned or in the alternative to provide defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES with photocopies of the aforementioned item. 2. The executed original transcript of the statutory hearing conducted of plaintiff by the defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES. Defendant will deem same executed if it is not returned executed within the prescribed period. DEMAND FOR SCHOOL RECORDS Demand is made that you serve upon the attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all school records and authorizations therefore, for all reports of school officials relating to the plaintiff's academic and attendance record at school in connection with injuries claimed in the above-entitled action. DEMAND FOR PHARMACY RECORDS Demand is made that you serve upon the attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES all pharmaceutical records and/or authorizations therefore, relating to the plaintiff's condition and the injuries claimed in the above-entitled action. DEMAND FOR METROCARD Demand is made that you serve upon the attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES a copy of the metro card used by plaintiff(s) to enter the subway system or board its bus on the day of the alleged incident which is the subject matter of the above-entitled action. NOTICE OF DISCOVERY AND INSPECTION OF BIRTH CERTIFICATE PLEASE TAKE NOTICE, that the plaintiff(s) is hereby required to produce for discovery, inspection and copying by counsel for the defendant(s) copies of the birth certificate of the infant plaintiff(s) in the above captioned matter. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00A.M. at the law offices of the undersigned. DEMAND FOR LEGAL REPRESENTATIVES WALLACE D. GOSSETT, attorney for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, demand(s) that you serve upon the undersigned at the address set forth below within thirty (30) days, a list of those who have appeared in this action, together with their post office address and residence addresses, their attorneys and their attorney's addresses, in sufficient detail to permit service of papers pursuant to Rule 2103 of the Civil Practice Law and Rules, together with copies of all pleadings had herein. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101 et seq., the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES hereby demand(s) that you produce at the offices of the undersigned, within twenty (20) days the original of each and every statement and other writing taken or received by said plaintiff(s) or any other opposing party or their representative attorneys, agents or representatives, from the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, or any employee or agent of said defendant and permitting said defendant or the undersigned acting on behalf of said defendant to inspect and copy such statement and writing. The aforesaid production may be complied by sending a true copy of each aforementioned statement and writing to the undersigned within the time hereinbefore specified. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Notice, the undersigned will move to preclude plaintiff(s) or other opposing party from introducing into evidence and from otherwise using each aforementioned statement and writing for any purpose whatsoever, upon the trial of this action. NOTICE OF DISCOVERY AND INSPECTION FOR STATEMENTS NOT REDUCED TO WRITING PLEASE TAKE NOTICE, that pursuant to CPLR Section 3101 et seq., the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES hereby demand(s) that all opposing parties produce at the office of the undersigned attorneys, the name and residence of each and every individual who spoke, discussed or otherwise communicated with the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, or with its employees, or agents, about the occurrence of the alleged injuries herein, together with the business and residence addresses of each named individual, together with any notes or memoranda or tape made by such individuals, or by any one on behalf of any opposing party or opposing party's attorneys with respect to each such conversation, discussion or review. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00A.M. at the law offices of the undersigned attorneys. Inspection will be made and copying at the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES expense and the documents will be promptly returned after copying has been completed. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Notice, the undersigned will move to preclude plaintiff(s) or other opposing party from introducing into evidence and from otherwise using each aforementioned statement for any purpose whatsoever, upon the trial of this action. NOTICE TO PRODUCE CONTRACTS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days from the date herein, all contracts, between and among any and all defendants and any other entities for the location, construction, maintenance and repair of bus shelters in the City of New York for photocopying at the premises of the undersigned or in the alternative to provide the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES with photocopies of the aforementioned documents. NOTICE TO PRODUCE CONSTRUCTION CONTRACTS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days from the date herein, all contracts, permits, work orders, cut forms, inspection reports, and progress reports and photographs, between and among any and all defendants and any other entities for construction, excavation and/or similar type work at the alleged location of the incident which is the subject matter of the instant action for a period of two years prior to the date of the alleged occurrence for photocopying at the offices of the undersigned or in the alternative to provide the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES with photocopies of the aforementioned documents. DEMAND FOR DOCUMENTS PLEASE TAKE NOTICE that the codefendant(s) is/are hereby required to produce for discovery, inspection and copying by counsel for the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, within twenty (20) days, the following: 1. All deeds for the property in question in effect on the date of the alleged accident; 2. All leases and net leases for the property in question in effect on the date of the alleged accident; 3. All easements with drawings for the property in question in effect on the date of the alleged accident; 4. All maintenance contracts for the property in question in effect on the date of the alleged accident; 5. All maintenance and repair records for the property in question for a period of two years prior to and including the date of the alleged accident; 6. All records of inspection for the property in question for a period of two years prior to and including the date of the alleged accident; 7. All records for construction and renovation pertaining to the property in question for a period of two years prior to and including the date of the alleged accident; 8. All records or reports of accidents on the property in question for a period of two years prior to and including the date of the alleged accident. NOTICE TO PRODUCE ACCIDENT REPORTS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days from the date herein, all accident and incident reports prepared in the ordinary course of business, any reports prepared for the Department of Motor Vehicles, and any reports prepared for your client's insurance carrier for photocopying at the premises of the undersigned or in the alternative to provide the NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES with photocopies of the aforementioned documents. DEMAND FOR RECORDS OF SIMILAR ACCIDENTS & PRIOR WRITTEN NOTICE PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Laws and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days the following: 1. all accident reports, letters, or other correspondence, of complaint, and records of verbal complaint, of persons claiming to have had accidents of a nature similar to that of the plaintiff(s) herein for a period of two years prior and one year subsequent to the date of the alleged accident which is the subject matter of the instant suit. 2a. all summonses and complaints, answers, demands for bills of particulars and responses thereto, discovery demands and responses thereto, photographs exchanged between the parties, deposition transcripts, and notices to admit and responses thereto, pertaining to actions commenced arising out of accidents as described in item # 1 above. 2b. in the case of the City of New York, the documents requested include all notices of claim pertaining to claims arising out of accidents as described in item # 1 above and records of prior written notice of the condition alleged by plaintiff(s) herein, including but not limited to (1) all Big Apple maps showing the location and/or alleged defect in question, (2) all records of the Department of Transportation’s Prior Notification Unit showing the location and/or alleged defect in question, and (3) all records of the Bureau of Highways showing the location and/or alleged defect in question, for a period of two years prior and one year subsequent to the date of the alleged accident which is the subject matter of the instant suit. 2c. in the case of the City of New York, where plaintiff alleges a snow and/or ice condition, the documents requested include all plow records, salting and sanding records, and District Office logs for the location in question, for a period of two months prior and two months subsequent to the date of the alleged accident which is the subject matter of the instant suit. DEMAND FOR MOTOR VEHICLE RECORDS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Laws and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days the following: 1. a copy of the title and registration for your client's vehicle, 2. All maintenance, repair, and inspection records for your client's vehicle for a period of two years prior to the date of the alleged accident which is the subject of the instant suit. NOTICE OF REFUSAL TO ACCEPT SERVICE BY FAX PLEASE TAKE NOTICE, that the undersigned will not accept service of any papers by electronic means such as facsimile pursuant to CPLR rule 2103(b) (5). The presence of any fax number on letterhead or other papers does not constitute a waiver of this notice. NOTICE OF REFUSAL TO ACCEPT SERVICE BY ELECTRONIC FILING EXCEPT FOR PAPERS SERVED PURSUANT TO MADATORY E-FILING PLEASE TAKE NOTICE that defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES, by attorney, WALLACE D. GOSSETT, hereby advises that defendant(s) do not consent to service by electronic filing of litigation papers by such method, except for papers served pursuant to Mandatory E-Filing, and PLEASE TAKE FURTHER NOTICE that service of litigation papers in this or any other action upon the undersigned by “ELECTRONIC FILING” will not be accepted and is not authorized, except upon written permission given at least twenty-four (24) hours prior to such service and except for papers served pursuant to Mandatory E-Filing. Any papers served electronically, except for those pursuant to Mandatory E-Filing are hereby rejected and are deemed a nullity. IN THE EVENT OF NONCOMPLIANCE WITH THESE DEMANDS PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid items within the time allotted, a motion will be made to the Court for the appropriate relief with costs. Dated: Brooklyn, New York September 27, 2013 Yours, etc., WALLACE D. GOSSETT Attorney for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY AND WILLIAM HAYES 130 Livingston Street 11th Floor Brooklyn, New York 11201 Telephone: 1-718-694-3845 TO: (SEE RIDER ATTACHED) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------- x JASON STARKMAN AND VIVIANA CHIRIBOGA, Plaintiff(s), NOTICE TO TAKE -against- DEPOSITION UPON ORAL NEW YORK CITY TRANSIT AUTHORITY, EXAMINATION WILLIAM J. HAYES, IVAN GRBIC, CITY OF NEW YORK, NEW YORK CITY POLICE DEPARTMENT, JOHN DOE I, BELIEVED TO BE AN EMPLOYEE OF THE NEW YORK CITY POLICE DEPARTMENT and JOHN DOE II, Defendant(s). --------------------------------------- X S I R S: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of ALL PARTIES as adverse parties, will be taken before a Notary Public, who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the offices of Wallace D. Gossett, Esq., 130 Livingston Street, 11th Floor, Brooklyn, New York 11201, on the 16th day of January , 2014, at 2:00 o'clock in the afternoon of that day with respect to evidence material and necessary in the defense of this action. That the said person(s) to be examined is(are) required to produce at such examination the following: All the relevant books and records, pursuant to CPLR 3111. Dated: Brooklyn, New York September 27, 2013 Yours, etc., WALLACE D. GOSSETT Attorney for Defendant(s)