Preview
INDEX NO. 152575/2013
FILED: NEW YORK COUNTY CLERK 05/29/2013
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/29/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, Index: 152575/2013
Plaintiff(s),
VERIFIED ANSWER
- against- WITH CROSS-CLAIM
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and “JOHN DOE", name
fictitious, (rue name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street.
New York. New York,
Defendant(s).
PLEASE TAKE NOTICE, that Defendant(s), APPLE TRANSPORATION OF N.Y. INC,, and
"JOHN DOE", hereby appear in this action by its attorney, DE MARTINI & YT, LLP, and alleges the
following answer to plaintiff's verified complaint:
AS AND FOR AN ANSWER TO THE PLAINTIFF'S COMPLAINT
ON_ BEHALF OF APPLE TRANSPORTATION OF N.Y. INC.
AND JOHN DOE
| Deny knowledge or information sufficient to form a belief as to the truth of the allegations
contained in paragraph 1, 2. 3. 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27,
28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42. 43, 44, 45, 46, 47, 48. 49, 50, 51, 52. 54, 55, 56,
37. 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73. 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85,
86, 87, 88, 89, of the verified complaint.
2. Deny knowledge or information sufficient to form a belief as to the truth of the allegations
contained in paragraphs 17, 53, 58, and 63 of the verified complaint, and respectfully refer(s) all questions
of the law to the Court of the time of trial,
3 Deny the allegations contained in paragraphs 5, 7, 90, 91, 92, 93, 94, 95, and 96 of the verified
complaint.
4. Admit to the allegations contained in paragraph 6 of the verified complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
5. Upon information and belief any damage or damage sustained by the plaintiff(s) herein were not
caused by the wrongdoing on the part of the answering defendant(s), ils servants, agents or employees,
but were caused solely or in part by the wrongdoing of the plaintiff(s) and the such conduct requires
diminution of any award, verdict or judgment that plaintiff{s) may recover against said answering
defendant(s).
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
6. Upon information and belief, plaintiffs’ economic loss, if any, as specified in Section 4545 of the
CPLR, was replaced or indemnified, in whole or in part, form collateral sources, and this answering
defendant is entitled to have the court consider the same in determining such special damages as provided
in Section 4545 of the CPLR.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
7. Upon information and belief, the injuries sustained by plaintiffs are such that they do not fall
within the requirements of Insurance Law Scction 5101, et seq.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
8. Upon information and belief, the injuries sustained were caused and/or increased by reason of the
failure of plaintiffs to use a seat belt.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
9. Upon information and belief, the Verified Complaint must be dismissed as a matter of law against
the owner/defendant, APPLE TRANSPORATION OF N.Y. INC., , for failure to state a cause of action as
the Transportation Equity Act, a comprehensive transportation bifl which included the Graves
Amendment, now codified at 49 US §30106. climinated vicarious liability pursuant to §388 of the
Vehicle and Traffic.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
10. Upon information and belief, the Court docs not have personal jurisdiction over the defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN DOE. The plaintiff(s) has failed to obtain personal
jurisdiction over the defendant(s) duc to improper service of process.
AS AND FOR A SEVENTH AFF! TIVE DEFENSE
11. Defendants deny liability but if liability is found against this Defendant and liability is found to
be 50% or less of the total liability assigned to all persons liable, this defendant invokes the limits on
liability for non economic loss set forth in CPLR Sec. 1601.
AS AND FOR A CROSS COMPLAINT AGAINST THE
DEFENDANT(S),NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY,
APPLE TRANSPORTATION OF N.Y., INC,, IT IS ALLEGED.
12, That if the plaintiff (s) recover herein, it will be by virtue of the recklessness, carelessness and
negligence of the co-defendant (s) NEW YORK CITY TRANSIT AUTHORITY. METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY. APPLE TRANSPORTATION OF N.Y., INC, above
named, and not of the defendant (s) APPLE TRANSPORATION OF N.Y. INC., and JOFIN DOE, and
that this answering defendant (s) APPLE TRANSPORATION OF N.Y. INC.,and JOHN DOE, demands
judgment for contribution and/or indemnification in whole or in part and that the respective degrees of
negligence of the co-defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC., be
ascertained, determined and adjudicated and that the defendant(s) APPLE TRANSPORATION OF N.Y.
INC.. JOHN DOE, have judgment over and against the above-named co-defendant(s) NEW YORK CITY
TRANSIT AUTHORITY. METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY,
APPLE TRANSPORTATION OF N.Y., INC. as their proportionate share commensurate with their
respective degrces if negligence as will be decided on at the trial herein.
WHEREFORE, the defendant (s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE,
demands judgment dismissing the plaintiff (s) complaint or in the altemative, that this/these answering
defendant (s) APPLE TRANSPORATION OF N.Y. INC., JOHN DOE have judgment for contribution
and/or indemnification in whole or in part over and against the co-defendant (s) NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY.
APPLE TRANSPORTATION OF N.Y., INC above named, to the degree and proportionate share of the
plaintiffs recovery as to their respective degrees of negligence as determined herein, with costs and
disbursements of this action and for such other and further relief as to this Court deems just and proper.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
iv DE MARTINI & YI, LLP
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Street
Brooklyn. NY 11201
ATTORNEY VERIFICATION
Undersigned. being duly sworn, deposes and says:
lam an attorney duly admitted to practice law in the courts of New York, and an attorney with
DE MARTINI & YI, LLP, attorneys for Defendant in the within action; | have read the foregoing
Verified Answer with cross-claim and know the contents thereof; that the same is true to my knowledge,
except as to the matters therein alleged to be on information and belief, and as to those matters I believe
them to be true,
The reason this verification is made by me and not by Defendant(s) is that Defendant(s) is not
located in the county which I maintain an office.
The grounds of my belief as to all matters not stated upon my own knowledge are as follows:
based upon a review of the file maintained by my office.
DE MARTINI & YI, LLP
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
OKA
BY: William Elder, ESQ.
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
Dated: May 28, 2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, index: 1$2575/2013
Plaintiff(s),
DEMAND FOR
- against - A VERIFIED BILL OF
PARTICULARS
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York,
Defendant(s).
PLEASE TAKE NOTICE that, pursuant to this Demands, you are required to serve a verified
Bill of Particulars with the following information with then (10) days:
1 Age of plaintifi{s), date of birth and place of birth.
2. Date of accident.
Time of accident.
4 Place of accident.
5 General description of the occurrence together with identification of the parts of any motor
vehicle or other instrumentality involved in said occurrence.
6. Acts of wrongdoing claimed separately, against cach defendant.
7. Whether actual notice ofa defective, deficient or unsafe condition is alleged and, if so:
a The person or persons to whom given;
b. The place or places where given;
©. The date or dates when given; and
d The person or persons by whom given.
8. Whether constructive notice ofa defective. deficient or unsafe condition is alleged, and, if so:
a. Nature of condition;
b. Location of condition; and
c. Duration of condition with date of inception, to date constructive notice will be claimed
to be given defendant(s).
9. All acts and omissions allegedly constituling negligence and carelessness on the part of each of
ithe other defendant(s).
tO. The exact location where the accident occurred, giving distances and exact measurements and
describing in the detail he exact location as to lanes, streets, nearest intersections or exits, city or village,
town, county and state.
IL. Statement of all injuries claimed, including a detailed statement of those claimed to be permanent.
12. Loss of earnings claimed:
a. Name of employer and address,
b. Number of days incapacitated setting forth the dates;
c. Daily, weekly, or monthly earnings: and
d Total amount of loss claimed.
13. If plaintiff(s) was/were student(s) at the time of the accident:
a. Name and address of school; and
b. Dates student(s) failed to attend school as result of accident.
14. If confined to or treated al a hospital:
a Length of time confined giving dates: and
b. Name and address of hospital.
15. If confined to bed or home:
a. Length of time confined to bed, giving dates; and
b. Length of time confined to home, giving dates.
16. Statement of special damages incurred for:
a. Hospital and dates of visits;
b. Physicians and dates of visits;
Nurses an dates of visits;
Medicat equipment;
e. Medicines and dates obtained; and
f. Other (specify).
17. A verified statement setting forth the residence and post office address of the plaintiff(s).
18. If loss of service is claimed, set forth the exact nature of the service stating what was done or not
donc as result of the alleged occurrence.
19. \f any statues, laws or rules are claimed to have been violated by any of the defendant(s) set forth
the title of any such law and the section or sections and subsections or subsections claimed to have been
violated, and which of the defendant(s).
20. With respect to property damage claimed, if any, set forth the following:
a. Alleged value of the property immediately prior to the event complained of;
b, Alleged value of the property immediately following the event complained of;
c. Cost to repair the property allegedly damaged;
d. Cost to replace the property allegedly damaged;
e. Any claim with respect to loss of use or incidental expenses, and if'so, how incurred; and
fF. Set forth copies of any paid invoices for such sums as are claimed to have been incurred.
21. Set forth in writing any and all statements made by the defendant(s) with respect to the
occurrence,
22. State whether any plaintiff(s) is a covered person under Section 5102, Sub J of the Insurance Law
of the State of New York.
23. If any plaintiff(s) is covered person, state the name and address of any insurance carrier providing
first party benefits, the policy number under which provided, the name and address of the policy holder
and the claim number assigned.
24. State how it will be claimed that any plaintif{(s) sustained a serious injury or excess economic
loss within the meaning of Section 5102, Sub d of the Insurance Law of the State of New York.
25. State whether any other action has been commenced against any person and/or entity or entitles
who may be jointly or jointly and severatly liable with this defendant(s) in connection with the occurrence
alleged in the complaint. If so, set forth against whom and in what court such action have been
commenced.
26. State whether any person and/or entity or entitles who maybe jointly or jointly and severally
liable with this defendant(s) has been released or discharged from liability and, if so, set forth a true copy
of said release.
Dated: Williston Park, NY
May 28. 2013
Yours, etc.
fii[ DE MARTINI & YI, LLP
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
264 Hillside Avenuc
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO. Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
JOYCE DAUGHTRY, Index: 152575/2013
Plaintiffts),
DEMAND FOR
- against - EXPERT INFORMATION
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name
fictitious, ruc name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York. New York,
Defendant(s).
PLEASE TAKE NOTICE, that the undersigned defendant(s). by their attorneys,
hereby demands pursuant to CPLR 3101(d)(1), you provide; within thirty (30) days, the following:
l The name and address of each expert you intend to call to testify at trial:
2. Set forth in detail the subject matter of which cach expert is expected to testify;
3. Set forth separately the substance of the facts and opinions the expert is expected to give
testimony concerning;
4 The qualifications of each expert; and
5. Set forth a summary for the grounds of each expert’s opinion.
Dated: Williston Park, NY
May 28, 2013
‘Yours, etc.
a DE MARTINI & YI, LLP
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
LAA
BY: William Elder, ESQ.
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attorneys for Plaintifi(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wailace D. Gossett
Attomeys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
SOYCE DAUGHTRY, Index: 152575/2013
Plaintiff{s),
DEMAND FOR
- against - MEDICAL INFORMATION
AND HOSPITAL
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN AUTHORIZATIONS
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and “JOHN DOE", name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York. New York,
Defendant(s).
PLEASE TAKE NOTICE, That the undersigned demands that, in accordance with provisions of
the Civil Practice Law and Rules and pertinent local court rules, plaintiff(s) provided, within twenty (20)
days, the following:
| Medical reports of alt those treating physicians, osteopaths, chiropractors and/or other licensed
medical professionals who have treated or consulted with plaintiff(s) upon whose testimony plaintiffs)
will reply upon a trial of this action.
2. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed
medical professionals who have treated plaintifi(s) with respect to any injuries, physical or mental,
alleged to have resulted from events complained of by plaintiffs) in the within action.
3 Duly executed authorizations with respect to any hospitals, clinics or other similar health care
providers which have treated plaintiff(s) with respect to any injuries, physical or mental. alleged to have
resulted from the events complained of by plaintiff(s) in the within action.
4. Duly executed authorization with respect to nay osteopaths, chiropractors and /or other licensed
medical professionals who have rendered treatment to plaintiff(s) with respect to any condition pre-
existing or preceding the events complained of in the complaint involving disease, disability or injury (or,
if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been
aggravated or exacerbated, or to have caused any increase in the sequel of those injuries or conditions
allegedly resulting from the events complained of in the within action.
5 Duly executed authorizations with respect to any hospitals, clinics or other similar health care
providers which have rendered treatment to plaintiff(s) with respect to any condition pre-existing or
preceding the events complained of in the complaint involving disease, disability or injury (or, if
applicable. prior psychiatric or psychological disorders) which in any way is alleged to have caused any
increase in the sequel of those injuries or conditions allegedly resulting from the events complained of in
the within action.
PLEASE TAKE FURTHER NOTICE, that with respect to items numbered 3, 4, and 5, the
authorizations to be provided shall state, as well, the approximate period or periods that such services
were rendered or provided.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, the
undersigned shal] make such motions at or prior to trial as required for the protection of the undersigned,
which may include the secking
of the dismissal of this action or the precluding of the giving of any
testimony with respect to any such conditions as are or have been treated but with respect to which
response by plaintiff(s) have not been given.
Dated: Williston Park, NY
May 28. 2013
Yours, etc.
Fl| DE MARTINI & YI, LLP
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
LoukGas
BY: William Elder, ESQ.
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO: Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Altorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, Index: 152575/2013
Plaintiff(s),
DEMAND FOR
- against - NAMES AND ADDRESSES
OF WITNESSES
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York,
Defendant(s).
PLEASE TAKE NOTICE, that pursuant to Civil Practice Law and Rules. Section 3101.
demand is hereby made that you provide, within thirty (30) days, the names and addresses of all persons
known to your client or to you, as attomeys for your client, with respect to the following:
l Any witnesses to the occurrence and/or events complained of in the complaint of plaintiff(s)
2. Witnesses having knowledge of any alleged;
a. Wrong act, error or omission allegedly committed or omitted by:
i The party;
ii, Any other defendant
or third party defendant in this action; and
iii. Any person or party not a defendant or third part defendant in this action;
Any allegedly dangerous or defective condition with respect to any premises,
instrumentality or device; and
The condition of the premises, instrumentally or device complained of in this action:
i Within thirty (30) days prior to the date of the occurrence or event: and
ii At any lime subsequent to the occurrence or event.
3. Any medical, dental, paramedical, hospital, clinic, or mental health facility which has treated
plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries allegedly sustained,
exacerbated or aggravated by reason of the circumstances or event complained of in this action.
4. Any persons having knowledge with respect to any conversations, communications or writings
with respect to the circumstances or events referred to in the complaint or in any affirmative defense(s)
asserted by any party herein,
5. Any persons having knowledge with respect to any items of special or general damages asserted
by plaintiff
in the within action or with respect to any setoff or counterclaim by any defendant or third
party defendant.
6 If you are unaware of any witnesses at this time, please provide a statement to that effect.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
DE MARTINI & YI, LLP
Attorneys for Defendant(s).
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
Cees
BY: William Elder, ESQ.
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Strect
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, Index: 152575/2013
Plaintiff(s),
NOTICE OF
- against - DISCOVERY AND
INSPECTION
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y.. INC. and "JOHN DOE", name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York,
Defendant(s).
PLEASE TAKE NOTICE, pursuant to CPLR 3120(a), you are hereby requested to produce at
the offices of DE MARTINI & YI, LLP, within thirty (30) days, the following for inspection by the
defendant(s) or their attorneys:
1 Photographs of the scene of the occurrence taken before or after the incident.
2 Photographs of the plaintiff's injurics.
Photographs of the vehicle involved in the accident.
Police Report prepared fotlowing the accident.
Accident/incident report prepared following the accident.
PLEASE TAKE FURTHER NOTICE that mailing to the undersigned attorneys of the items
requested for production at least seven (7) days prior to the aforementioned date will be deemed sufficient
compliance.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
FA DE MARTINI & YI, LLP
2
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOLIN
DOE
BY: William Elder, ESQ.
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attorneys for Plaintiff{s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, Index: 152575/2013
Plaintiffs),
DEMAND PURSUANT TO
- against - CPLR4545 FOR
COLLATERAL SOURCE
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN PAYMENT
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE INFORMATION
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York,
Defendant(s).
PLEASE TAKE NOTICE, that pursuant to Section 3101 and 4545, you are required to serve
within twenty (20) days after receipt of this notice, the following information:
t The names, addresses and amounts received to dated form all person, firms, or organizations
which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of
earnings or other economic loss, and costs including but not limited to:
a, Insurance;
b Social Security benefits;
Worker’s Compensation Benefits:
Disability Benefits;
e. Employee Benefits program;
f. Any other source.
2. Where reimbursement was or is pursuant to a policy of a type, state the name of the policy holder,
the policy number, and the name of the issuer of the policy; a list of claims submitted pursuant to the
poticy. and the amount of money received pursuant to each claim.
3. Duly Executed and acknowledgment written authorizations directed to all persons, firms or
organizations which have reimbursed plaintiff for costs of medical care, custodial care, rehabilitation
services, loss of earnings or other economic loss or other costs or to whom such claims have been
submitted to obtain copies of the polices under which said payments or claims were made, copies of all
checks and other indications of payment, and copies of any claims submitted for payment.
PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents and policy
produced in response to the demand herein shall be of the complete documents and policy including but
notice limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face
sheets and/or binders, etc.
PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such persons, firms, or
organizations have reimbursed plaintiff for such costs, then demand is hereby made that the above named
party set forth, by affidavit such fact.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
DE MARTINI & YI, LLP
Altorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
s
BY: W m Elder, Q
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attorneys for Plaintiffs)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
Wallace D. Gossett
Attomeys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, Index: 152575/2013
Plaintiff(s),
DEMAND FOR
- against- STATEMENT(S)
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", nance
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York,
Defendant(s).
PLEASE TAKE NOTICE, that demand is hereby made upon your, pursuant to CPLR 3101(3),
for a copy of all statement(s) of defendant(s) or the agents and employees of said party. If there are no
statements please advise accordingly.
PLEAE TAKE FURTHER NOTICE, that default in complying with this demand within ten
(10) days of the date hereof will serve as a basis for objection by the undersigned to the use of such
statements upon the trial of this matter.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
iat DE MARTINI & YT, LLP
¥
Attorneys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC.. JOHN
DOE
BY: William Elder, Q
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO: Parker Waichman LLP
Attorneys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
Index: 152575/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY, DEMAND PURSUANT TO
CPLR 306-A, 306-B
Plaintiff(s),
- against -
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name
fictitious. true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York,
PLEASE TAKE NOTICE, that pursuant to CPLR 306-A and 306-B, demand is hereby made
upon the plaintiffs) to furnish proof that the summons and complaint, or summons with the notice were
filed with the court prior to service, in addition, demand is made for proof
of filing of the proof
of service
within one hundred and twenty days after the date of filing of the summons and complaint or summons
with nolice.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
DE MARTINI & YI, LLP
‘Attomeys for Defendant(s),
APPLE TRANSPORATION OF N.Y. INC.. JOHN
DOE
BY: William Elder, ESQ.
Ga
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attomeys for Plaintiffs)
6 Harbor Park Drive
Port Washington, NY [1050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
Index: 152575/2013
NOTICE TO
SUPREME COURT OF THE STATE OF NEW YORK TAKE DEPOSITION UPON
COUNTY OF NEW YORK ORAL EXAMINATION
JOYCE DAUGHTRY ,
Plaintiff(s),
- against -
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 201] at
approximately 3:00pm at the intersection of Broadway and 146th Street,
lew York, New York.
Defendant(s).
PLEASE TAKE NOTICE, that pursuant to Article 3] of the Civil Practice Law and Rules the
testimony, upon oral examination, of the plaintiff(s) c/o Parker Waichman LLP, 6 Harbor Park Drive,
Port Washington,
NY 11050, 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
DE MARTINI & YI, LLP, 264 Hillside Avenue, Williston Park, New York 11596 on the 5th day of
November, 2013 at 10:00 o’clock in the forenoon on that day with respect to evidence material and
necessary in the prosecution defense of this action.
All of the relevant facts and circumstances in connection with the accident which occurred on the
31st day of December. 2013. including negligence, contributory negligence, liability and damages.
That the said person to be examined is required to produce al such examination the following: All
books, records and papers in their possession or accessible to them pertaining to the subject matter in this
lawsuit.
Dated: Williston Park, NY
May 28, 2013
Yours, etc.
DE MARTINI & YI, LLP
Attorneys for Defendant(s).
APPLE TRANSPORATION OF N.Y. INC., JOHN
DOE
— *.
BY: William Elder,
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attorneys for Plaintiffs)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Attorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
JOYCE DAUGHTRY Index: 152575/2013
Plaintiffs),
DEMAND PURSUANT TO
- against- CPLR 2103(e)
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y INC. and "JOHN DOE”, name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York.
Defendant(s).
PLEASE TAKE NOTICE that you are hereby required to furnish to the undersigned within
thirty (30) days from the date hereof the names and addresses of the attorneys for the respective parties in
this action who have appeared to date, pursuant to Section 2103(c) of the CPLR.
PLEASE TAKE FURTHER NOTICE that this is to be considered a continuing demand and
you are required to inform the undersigned in writing of the names and addresses of the attorneys for all
parties as appearances are made on behalf of such parties.
Dated: Williston Park, NY
May 28, 2013
Yours, etc
| DE MARTINI & YI, LLP
Attorneys for Defendant(s).
APPLE TRANSPORATION OF N.Y. INC.. JOHN
DOE
Ayu BY:
La Elder, ESQ.
SC
264 Hillside Avenue
Williston Park, NY 11596
(516) 294-1333 Telephone
Our File: B-00626-PAR
TO Parker Waichman LLP
Attomeys for Plaintiff(s)
6 Harbor Park Drive
Port Washington, NY 11050
516-466-6500
File: 2000429
Wallace D. Gossett
Allorneys for Co-Defendants
130 Livingston Street
Brooklyn, NY 11201
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOYCE DAUGHTRY , Index: 152575/2013
Plaintiff{s),
DEMAND FOR
- against - AMOUNT OF DAMAGES
PURSUANT TO
NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN CPLR 3017%(c)
TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE
TRANSPORTATION OF N.Y., INC. and "JOHN DOE”, name
fictitious, true name unknown, person intended being the operator of the
Apple ambulette bearing bus #7, on December 30, 2011 at
approximately 3:00pm at the intersection of Broadway and 146th Street,
New York, New York.
Defendant(s).
PLEASE TAKE NOTICE, that pursuant to Section 3017(c) of the Civil Practice Law
and Rules. demand is hereby made that plaintiff serve upon the undersigned within fifteen (15)
days hereof, a demand setting forth those sums which plaintiff assert as and for damages to each
cause of action asserting negligence
Preview
INDEX NO. 152575/2013 FILED: NEW YORK COUNTY CLERK 05/29/2013 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/29/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, Index: 152575/2013 Plaintiff(s), VERIFIED ANSWER - against- WITH CROSS-CLAIM NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and “JOHN DOE", name fictitious, (rue name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street. New York. New York, Defendant(s). PLEASE TAKE NOTICE, that Defendant(s), APPLE TRANSPORATION OF N.Y. INC,, and "JOHN DOE", hereby appear in this action by its attorney, DE MARTINI & YT, LLP, and alleges the following answer to plaintiff's verified complaint: AS AND FOR AN ANSWER TO THE PLAINTIFF'S COMPLAINT ON_ BEHALF OF APPLE TRANSPORTATION OF N.Y. INC. AND JOHN DOE | Deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1, 2. 3. 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42. 43, 44, 45, 46, 47, 48. 49, 50, 51, 52. 54, 55, 56, 37. 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73. 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, of the verified complaint. 2. Deny knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 17, 53, 58, and 63 of the verified complaint, and respectfully refer(s) all questions of the law to the Court of the time of trial, 3 Deny the allegations contained in paragraphs 5, 7, 90, 91, 92, 93, 94, 95, and 96 of the verified complaint. 4. Admit to the allegations contained in paragraph 6 of the verified complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 5. Upon information and belief any damage or damage sustained by the plaintiff(s) herein were not caused by the wrongdoing on the part of the answering defendant(s), ils servants, agents or employees, but were caused solely or in part by the wrongdoing of the plaintiff(s) and the such conduct requires diminution of any award, verdict or judgment that plaintiff{s) may recover against said answering defendant(s). AS AND FOR A SECOND AFFIRMATIVE DEFENSE 6. Upon information and belief, plaintiffs’ economic loss, if any, as specified in Section 4545 of the CPLR, was replaced or indemnified, in whole or in part, form collateral sources, and this answering defendant is entitled to have the court consider the same in determining such special damages as provided in Section 4545 of the CPLR. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 7. Upon information and belief, the injuries sustained by plaintiffs are such that they do not fall within the requirements of Insurance Law Scction 5101, et seq. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 8. Upon information and belief, the injuries sustained were caused and/or increased by reason of the failure of plaintiffs to use a seat belt. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 9. Upon information and belief, the Verified Complaint must be dismissed as a matter of law against the owner/defendant, APPLE TRANSPORATION OF N.Y. INC., , for failure to state a cause of action as the Transportation Equity Act, a comprehensive transportation bifl which included the Graves Amendment, now codified at 49 US §30106. climinated vicarious liability pursuant to §388 of the Vehicle and Traffic. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 10. Upon information and belief, the Court docs not have personal jurisdiction over the defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE. The plaintiff(s) has failed to obtain personal jurisdiction over the defendant(s) duc to improper service of process. AS AND FOR A SEVENTH AFF! TIVE DEFENSE 11. Defendants deny liability but if liability is found against this Defendant and liability is found to be 50% or less of the total liability assigned to all persons liable, this defendant invokes the limits on liability for non economic loss set forth in CPLR Sec. 1601. AS AND FOR A CROSS COMPLAINT AGAINST THE DEFENDANT(S),NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC,, IT IS ALLEGED. 12, That if the plaintiff (s) recover herein, it will be by virtue of the recklessness, carelessness and negligence of the co-defendant (s) NEW YORK CITY TRANSIT AUTHORITY. METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY. APPLE TRANSPORTATION OF N.Y., INC, above named, and not of the defendant (s) APPLE TRANSPORATION OF N.Y. INC., and JOFIN DOE, and that this answering defendant (s) APPLE TRANSPORATION OF N.Y. INC.,and JOHN DOE, demands judgment for contribution and/or indemnification in whole or in part and that the respective degrees of negligence of the co-defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC., be ascertained, determined and adjudicated and that the defendant(s) APPLE TRANSPORATION OF N.Y. INC.. JOHN DOE, have judgment over and against the above-named co-defendant(s) NEW YORK CITY TRANSIT AUTHORITY. METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. as their proportionate share commensurate with their respective degrces if negligence as will be decided on at the trial herein. WHEREFORE, the defendant (s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE, demands judgment dismissing the plaintiff (s) complaint or in the altemative, that this/these answering defendant (s) APPLE TRANSPORATION OF N.Y. INC., JOHN DOE have judgment for contribution and/or indemnification in whole or in part over and against the co-defendant (s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY. APPLE TRANSPORTATION OF N.Y., INC above named, to the degree and proportionate share of the plaintiffs recovery as to their respective degrees of negligence as determined herein, with costs and disbursements of this action and for such other and further relief as to this Court deems just and proper. Dated: Williston Park, NY May 28, 2013 Yours, etc. iv DE MARTINI & YI, LLP Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Street Brooklyn. NY 11201 ATTORNEY VERIFICATION Undersigned. being duly sworn, deposes and says: lam an attorney duly admitted to practice law in the courts of New York, and an attorney with DE MARTINI & YI, LLP, attorneys for Defendant in the within action; | have read the foregoing Verified Answer with cross-claim and know the contents thereof; that the same is true to my knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe them to be true, The reason this verification is made by me and not by Defendant(s) is that Defendant(s) is not located in the county which I maintain an office. The grounds of my belief as to all matters not stated upon my own knowledge are as follows: based upon a review of the file maintained by my office. DE MARTINI & YI, LLP Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE OKA BY: William Elder, ESQ. 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR Dated: May 28, 2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, index: 1$2575/2013 Plaintiff(s), DEMAND FOR - against - A VERIFIED BILL OF PARTICULARS NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York, Defendant(s). PLEASE TAKE NOTICE that, pursuant to this Demands, you are required to serve a verified Bill of Particulars with the following information with then (10) days: 1 Age of plaintifi{s), date of birth and place of birth. 2. Date of accident. Time of accident. 4 Place of accident. 5 General description of the occurrence together with identification of the parts of any motor vehicle or other instrumentality involved in said occurrence. 6. Acts of wrongdoing claimed separately, against cach defendant. 7. Whether actual notice ofa defective, deficient or unsafe condition is alleged and, if so: a The person or persons to whom given; b. The place or places where given; ©. The date or dates when given; and d The person or persons by whom given. 8. Whether constructive notice ofa defective. deficient or unsafe condition is alleged, and, if so: a. Nature of condition; b. Location of condition; and c. Duration of condition with date of inception, to date constructive notice will be claimed to be given defendant(s). 9. All acts and omissions allegedly constituling negligence and carelessness on the part of each of ithe other defendant(s). tO. The exact location where the accident occurred, giving distances and exact measurements and describing in the detail he exact location as to lanes, streets, nearest intersections or exits, city or village, town, county and state. IL. Statement of all injuries claimed, including a detailed statement of those claimed to be permanent. 12. Loss of earnings claimed: a. Name of employer and address, b. Number of days incapacitated setting forth the dates; c. Daily, weekly, or monthly earnings: and d Total amount of loss claimed. 13. If plaintiff(s) was/were student(s) at the time of the accident: a. Name and address of school; and b. Dates student(s) failed to attend school as result of accident. 14. If confined to or treated al a hospital: a Length of time confined giving dates: and b. Name and address of hospital. 15. If confined to bed or home: a. Length of time confined to bed, giving dates; and b. Length of time confined to home, giving dates. 16. Statement of special damages incurred for: a. Hospital and dates of visits; b. Physicians and dates of visits; Nurses an dates of visits; Medicat equipment; e. Medicines and dates obtained; and f. Other (specify). 17. A verified statement setting forth the residence and post office address of the plaintiff(s). 18. If loss of service is claimed, set forth the exact nature of the service stating what was done or not donc as result of the alleged occurrence. 19. \f any statues, laws or rules are claimed to have been violated by any of the defendant(s) set forth the title of any such law and the section or sections and subsections or subsections claimed to have been violated, and which of the defendant(s). 20. With respect to property damage claimed, if any, set forth the following: a. Alleged value of the property immediately prior to the event complained of; b, Alleged value of the property immediately following the event complained of; c. Cost to repair the property allegedly damaged; d. Cost to replace the property allegedly damaged; e. Any claim with respect to loss of use or incidental expenses, and if'so, how incurred; and fF. Set forth copies of any paid invoices for such sums as are claimed to have been incurred. 21. Set forth in writing any and all statements made by the defendant(s) with respect to the occurrence, 22. State whether any plaintiff(s) is a covered person under Section 5102, Sub J of the Insurance Law of the State of New York. 23. If any plaintiff(s) is covered person, state the name and address of any insurance carrier providing first party benefits, the policy number under which provided, the name and address of the policy holder and the claim number assigned. 24. State how it will be claimed that any plaintif{(s) sustained a serious injury or excess economic loss within the meaning of Section 5102, Sub d of the Insurance Law of the State of New York. 25. State whether any other action has been commenced against any person and/or entity or entitles who may be jointly or jointly and severatly liable with this defendant(s) in connection with the occurrence alleged in the complaint. If so, set forth against whom and in what court such action have been commenced. 26. State whether any person and/or entity or entitles who maybe jointly or jointly and severally liable with this defendant(s) has been released or discharged from liability and, if so, set forth a true copy of said release. Dated: Williston Park, NY May 28. 2013 Yours, etc. fii[ DE MARTINI & YI, LLP Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE 264 Hillside Avenuc Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO. Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK JOYCE DAUGHTRY, Index: 152575/2013 Plaintiffts), DEMAND FOR - against - EXPERT INFORMATION NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name fictitious, ruc name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York. New York, Defendant(s). PLEASE TAKE NOTICE, that the undersigned defendant(s). by their attorneys, hereby demands pursuant to CPLR 3101(d)(1), you provide; within thirty (30) days, the following: l The name and address of each expert you intend to call to testify at trial: 2. Set forth in detail the subject matter of which cach expert is expected to testify; 3. Set forth separately the substance of the facts and opinions the expert is expected to give testimony concerning; 4 The qualifications of each expert; and 5. Set forth a summary for the grounds of each expert’s opinion. Dated: Williston Park, NY May 28, 2013 ‘Yours, etc. a DE MARTINI & YI, LLP Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE LAA BY: William Elder, ESQ. 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attorneys for Plaintifi(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wailace D. Gossett Attomeys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK SOYCE DAUGHTRY, Index: 152575/2013 Plaintiff{s), DEMAND FOR - against - MEDICAL INFORMATION AND HOSPITAL NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN AUTHORIZATIONS TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and “JOHN DOE", name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York. New York, Defendant(s). PLEASE TAKE NOTICE, That the undersigned demands that, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff(s) provided, within twenty (20) days, the following: | Medical reports of alt those treating physicians, osteopaths, chiropractors and/or other licensed medical professionals who have treated or consulted with plaintiff(s) upon whose testimony plaintiffs) will reply upon a trial of this action. 2. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professionals who have treated plaintifi(s) with respect to any injuries, physical or mental, alleged to have resulted from events complained of by plaintiffs) in the within action. 3 Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have treated plaintiff(s) with respect to any injuries, physical or mental. alleged to have resulted from the events complained of by plaintiff(s) in the within action. 4. Duly executed authorization with respect to nay osteopaths, chiropractors and /or other licensed medical professionals who have rendered treatment to plaintiff(s) with respect to any condition pre- existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequel of those injuries or conditions allegedly resulting from the events complained of in the within action. 5 Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have rendered treatment to plaintiff(s) with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable. prior psychiatric or psychological disorders) which in any way is alleged to have caused any increase in the sequel of those injuries or conditions allegedly resulting from the events complained of in the within action. PLEASE TAKE FURTHER NOTICE, that with respect to items numbered 3, 4, and 5, the authorizations to be provided shall state, as well, the approximate period or periods that such services were rendered or provided. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, the undersigned shal] make such motions at or prior to trial as required for the protection of the undersigned, which may include the secking of the dismissal of this action or the precluding of the giving of any testimony with respect to any such conditions as are or have been treated but with respect to which response by plaintiff(s) have not been given. Dated: Williston Park, NY May 28. 2013 Yours, etc. Fl| DE MARTINI & YI, LLP Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE LoukGas BY: William Elder, ESQ. 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO: Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Altorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, Index: 152575/2013 Plaintiff(s), DEMAND FOR - against - NAMES AND ADDRESSES OF WITNESSES NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York, Defendant(s). PLEASE TAKE NOTICE, that pursuant to Civil Practice Law and Rules. Section 3101. demand is hereby made that you provide, within thirty (30) days, the names and addresses of all persons known to your client or to you, as attomeys for your client, with respect to the following: l Any witnesses to the occurrence and/or events complained of in the complaint of plaintiff(s) 2. Witnesses having knowledge of any alleged; a. Wrong act, error or omission allegedly committed or omitted by: i The party; ii, Any other defendant or third party defendant in this action; and iii. Any person or party not a defendant or third part defendant in this action; Any allegedly dangerous or defective condition with respect to any premises, instrumentality or device; and The condition of the premises, instrumentally or device complained of in this action: i Within thirty (30) days prior to the date of the occurrence or event: and ii At any lime subsequent to the occurrence or event. 3. Any medical, dental, paramedical, hospital, clinic, or mental health facility which has treated plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries allegedly sustained, exacerbated or aggravated by reason of the circumstances or event complained of in this action. 4. Any persons having knowledge with respect to any conversations, communications or writings with respect to the circumstances or events referred to in the complaint or in any affirmative defense(s) asserted by any party herein, 5. Any persons having knowledge with respect to any items of special or general damages asserted by plaintiff in the within action or with respect to any setoff or counterclaim by any defendant or third party defendant. 6 If you are unaware of any witnesses at this time, please provide a statement to that effect. Dated: Williston Park, NY May 28, 2013 Yours, etc. DE MARTINI & YI, LLP Attorneys for Defendant(s). APPLE TRANSPORATION OF N.Y. INC., JOHN DOE Cees BY: William Elder, ESQ. 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Strect Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, Index: 152575/2013 Plaintiff(s), NOTICE OF - against - DISCOVERY AND INSPECTION NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y.. INC. and "JOHN DOE", name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York, Defendant(s). PLEASE TAKE NOTICE, pursuant to CPLR 3120(a), you are hereby requested to produce at the offices of DE MARTINI & YI, LLP, within thirty (30) days, the following for inspection by the defendant(s) or their attorneys: 1 Photographs of the scene of the occurrence taken before or after the incident. 2 Photographs of the plaintiff's injurics. Photographs of the vehicle involved in the accident. Police Report prepared fotlowing the accident. Accident/incident report prepared following the accident. PLEASE TAKE FURTHER NOTICE that mailing to the undersigned attorneys of the items requested for production at least seven (7) days prior to the aforementioned date will be deemed sufficient compliance. Dated: Williston Park, NY May 28, 2013 Yours, etc. FA DE MARTINI & YI, LLP 2 Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOLIN DOE BY: William Elder, ESQ. 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attorneys for Plaintiff{s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, Index: 152575/2013 Plaintiffs), DEMAND PURSUANT TO - against - CPLR4545 FOR COLLATERAL SOURCE NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN PAYMENT TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE INFORMATION TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York, Defendant(s). PLEASE TAKE NOTICE, that pursuant to Section 3101 and 4545, you are required to serve within twenty (20) days after receipt of this notice, the following information: t The names, addresses and amounts received to dated form all person, firms, or organizations which have reimbursed plaintiff for the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss, and costs including but not limited to: a, Insurance; b Social Security benefits; Worker’s Compensation Benefits: Disability Benefits; e. Employee Benefits program; f. Any other source. 2. Where reimbursement was or is pursuant to a policy of a type, state the name of the policy holder, the policy number, and the name of the issuer of the policy; a list of claims submitted pursuant to the poticy. and the amount of money received pursuant to each claim. 3. Duly Executed and acknowledgment written authorizations directed to all persons, firms or organizations which have reimbursed plaintiff for costs of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims have been submitted to obtain copies of the polices under which said payments or claims were made, copies of all checks and other indications of payment, and copies of any claims submitted for payment. PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents and policy produced in response to the demand herein shall be of the complete documents and policy including but notice limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, etc. PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such persons, firms, or organizations have reimbursed plaintiff for such costs, then demand is hereby made that the above named party set forth, by affidavit such fact. Dated: Williston Park, NY May 28, 2013 Yours, etc. DE MARTINI & YI, LLP Altorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC., JOHN DOE s BY: W m Elder, Q 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attorneys for Plaintiffs) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 Wallace D. Gossett Attomeys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, Index: 152575/2013 Plaintiff(s), DEMAND FOR - against- STATEMENT(S) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE", nance fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York, Defendant(s). PLEASE TAKE NOTICE, that demand is hereby made upon your, pursuant to CPLR 3101(3), for a copy of all statement(s) of defendant(s) or the agents and employees of said party. If there are no statements please advise accordingly. PLEAE TAKE FURTHER NOTICE, that default in complying with this demand within ten (10) days of the date hereof will serve as a basis for objection by the undersigned to the use of such statements upon the trial of this matter. Dated: Williston Park, NY May 28, 2013 Yours, etc. iat DE MARTINI & YT, LLP ¥ Attorneys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC.. JOHN DOE BY: William Elder, Q 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO: Parker Waichman LLP Attorneys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 Index: 152575/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY, DEMAND PURSUANT TO CPLR 306-A, 306-B Plaintiff(s), - against - NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name fictitious. true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York, PLEASE TAKE NOTICE, that pursuant to CPLR 306-A and 306-B, demand is hereby made upon the plaintiffs) to furnish proof that the summons and complaint, or summons with the notice were filed with the court prior to service, in addition, demand is made for proof of filing of the proof of service within one hundred and twenty days after the date of filing of the summons and complaint or summons with nolice. Dated: Williston Park, NY May 28, 2013 Yours, etc. DE MARTINI & YI, LLP ‘Attomeys for Defendant(s), APPLE TRANSPORATION OF N.Y. INC.. JOHN DOE BY: William Elder, ESQ. Ga 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attomeys for Plaintiffs) 6 Harbor Park Drive Port Washington, NY [1050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 Index: 152575/2013 NOTICE TO SUPREME COURT OF THE STATE OF NEW YORK TAKE DEPOSITION UPON COUNTY OF NEW YORK ORAL EXAMINATION JOYCE DAUGHTRY , Plaintiff(s), - against - NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE", name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 201] at approximately 3:00pm at the intersection of Broadway and 146th Street, lew York, New York. Defendant(s). PLEASE TAKE NOTICE, that pursuant to Article 3] of the Civil Practice Law and Rules the testimony, upon oral examination, of the plaintiff(s) c/o Parker Waichman LLP, 6 Harbor Park Drive, Port Washington, NY 11050, 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 DE MARTINI & YI, LLP, 264 Hillside Avenue, Williston Park, New York 11596 on the 5th day of November, 2013 at 10:00 o’clock in the forenoon on that day with respect to evidence material and necessary in the prosecution defense of this action. All of the relevant facts and circumstances in connection with the accident which occurred on the 31st day of December. 2013. including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce al such examination the following: All books, records and papers in their possession or accessible to them pertaining to the subject matter in this lawsuit. Dated: Williston Park, NY May 28, 2013 Yours, etc. DE MARTINI & YI, LLP Attorneys for Defendant(s). APPLE TRANSPORATION OF N.Y. INC., JOHN DOE — *. BY: William Elder, 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attorneys for Plaintiffs) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Attorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK JOYCE DAUGHTRY Index: 152575/2013 Plaintiffs), DEMAND PURSUANT TO - against- CPLR 2103(e) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y INC. and "JOHN DOE”, name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York. Defendant(s). PLEASE TAKE NOTICE that you are hereby required to furnish to the undersigned within thirty (30) days from the date hereof the names and addresses of the attorneys for the respective parties in this action who have appeared to date, pursuant to Section 2103(c) of the CPLR. PLEASE TAKE FURTHER NOTICE that this is to be considered a continuing demand and you are required to inform the undersigned in writing of the names and addresses of the attorneys for all parties as appearances are made on behalf of such parties. Dated: Williston Park, NY May 28, 2013 Yours, etc | DE MARTINI & YI, LLP Attorneys for Defendant(s). APPLE TRANSPORATION OF N.Y. INC.. JOHN DOE Ayu BY: La Elder, ESQ. SC 264 Hillside Avenue Williston Park, NY 11596 (516) 294-1333 Telephone Our File: B-00626-PAR TO Parker Waichman LLP Attomeys for Plaintiff(s) 6 Harbor Park Drive Port Washington, NY 11050 516-466-6500 File: 2000429 Wallace D. Gossett Allorneys for Co-Defendants 130 Livingston Street Brooklyn, NY 11201 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOYCE DAUGHTRY , Index: 152575/2013 Plaintiff{s), DEMAND FOR - against - AMOUNT OF DAMAGES PURSUANT TO NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN CPLR 3017%(c) TRANSIT AUTHORITY, MTA BUS COMPANY, APPLE TRANSPORTATION OF N.Y., INC. and "JOHN DOE”, name fictitious, true name unknown, person intended being the operator of the Apple ambulette bearing bus #7, on December 30, 2011 at approximately 3:00pm at the intersection of Broadway and 146th Street, New York, New York. Defendant(s). PLEASE TAKE NOTICE, that pursuant to Section 3017(c) of the Civil Practice Law and Rules. demand is hereby made that plaintiff serve upon the undersigned within fifteen (15) days hereof, a demand setting forth those sums which plaintiff assert as and for damages to each cause of action asserting negligence