Preview
INDEX NO. 20551/2013E
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/17/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
meEIEED SAESEIRETR EINES DERE RET aS ESSE X
KALIMER FELICIANO,
Plaintiff(s), CERTIFICATION
-against-
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
mT PUN Soe TAen EIEEE Res BE SSS REE XxX
The undersigned certifies, in accordance with Section 130-1.1(a) of the Rules of the Chief
Administrator that the documents listed below and served herein are not frivolous as defined in
Subsection (c) of Section 130-1.1:
Verified Answer to Amended Complaint dated August 4, 2014; Demand for a
Verified Bill of Particulars; Demand for Damages; Demand for Disclosure as to
Medicare/Medicaid Lien; Demand for Medical Information and Hospital
Authorizations; Demand for Discovery and Inspection; Demand for Names and
Addresses of Witnesses; Demand for Expert Information; Demand for Adverse Party
Statements; Notice Pursuant to CPLR §2103(5); Demand Pursuant to CPLR §306-A;
Demand Pursuant to CPLR 4545 for Collateral Source Payments Information; and
Notice to Take Deposition Upon Oral Examination.
Fb Ca Lo
LEILA CARDO
DATED: New York, New York
February 17, 2015SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
one ee eee eee ee eee ee eee eee ----- X
KALIMER FELICIANO, VERIFIED ANSWER TO
AMENDED COMPLAINT
Plaintiff(s),
-against- Index No.:
20551/13E
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Defendant(s).
Besser ReeR SW ess eEomECeENES oom Soe X
Defendant(s), ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER
MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY
COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC., by its
attorneys, RUBIN, FIORELLA & FRIEDMAN LLP, as and for its answer to the amended complaint
of the plaintiff, dated August 4, 2014, respectfully sets forth:
ils Deny(ies) the allegations contained in paragraph(s) "2 through 5", "7", "8",
"9" and "11" of the amended complaint.
2. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "1" of the amended complaint.
3 Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "6" of the amended complaint, except admits that the
defendant FIEBER REALTY, LLC was and still is a domestic limited liability company duly
organized and existing under and by virtue of the laws of the State of New York.4. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "10" of the amended complaint, except admits that the
defendant FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as
FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. was and still is a domestic
corporation duly organized and existing under and by virtue of the laws of the State of New York,
and maintains its principal place of business at 105 Court Street, Brooklyn, New York 11201.
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
5. Repeats and reiterates the denials to each and every allegation contained in
paragraph "12" of the amended complaint as if more fully set forth at length herein.
6. Deny(ies) the allegations contained in paragraph(s) "13" through 18" and "24
through 29" of the amended complaint.
7. Deny(ies) the allegations contained in paragraph(s) "19 through 23" of the
amended complaint, and respectfully refer(s) all questions of law to the Court at the time of trial.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
8. Repeats and reiterates the denials to each and every allegation contained in
paragraph "30" of the amended complaint as if more fully set forth at length herein.
9. Deny(ies) the allegations contained in paragraph(s) "36" and "40 through 47"
of the amended complaint.
10. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "33", "34" and "35" of the amended complaint.
11. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "37", "38" and "39" of the amended complaint, andrespectfully refer(s) all questions of law to the Court at the time of trial.
12. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "31" and "32" of the amended complaint, except admits
that on August 12, 2012 the defendant FIEBER REALTY, LLC owned and leased certain premises
located at 2500 Tratman Avenue, Bronx, New York 10461.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
13. Repeats and reiterates the denials to each and every allegation contained in
paragraph "48" of the amended complaint as if more fully set forth at length herein.
14. Deny(ies) the allegations contained in paragraph(s) "49 through 65" of the
amended complaint.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
15. Repeats and reiterates the denials to each and every allegation contained in
paragraph "66" of the amended complaint as if more fully set forth at length herein.
16. Deny(ies) the allegations contained in paragraph(s) "67", "68", "72" and "76
through 84" of the amended complaint.
17. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "69", "70" and "85" of the amended complaint.
18. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "73", "74" and "75" of the amended complaint, and
respectfully refer(s) all questions of law to the Court at the time of trial.
19. Deny(ies) knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraph(s) "71" of the amended complaint, except admits that onAugust 12, 2012 the defendant FIEBER MAINTENANCE AND MANAGEMENT CO., INC.
incorrectly sued herein as FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. was
the property management for premises located at 2500 Tratman Avenue, Bronx, New York 10461.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
20. Upon information and belief, any damage or damages sustained by the
plaintiff(s) herein were not caused by the wrongdoing on the part of the answering defendant(s), its
servants, agents or employees, but were caused solely or in part by the wrongdoing of the plaintiff(s)
and that 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
21. Upon information and belief, plaintiff's economic loss, if any, as specified in
Section 4545 of the CPLR, was replaced or indemnified, in whole or in part, from 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
22. Upon information and belief, in the event that a judgment is rendered against
answering defendant(s), it shall not be responsible for more than its proportionate share of liability
pursuant to Section 1601, et seq. of the CPLR.
WHEREFORE, defendants, ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER
MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER
MANAGEMENT & MAINTENANCE COMPANY, INC. demand judgment dismissing theamended complaint, together with the costs and disbursements of this action.
Dated:
TO}
New York, New York
February 17, 2015
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997VERIFICATION PURSUANT TO CPLR 3020(D)(2)
STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
The undersigned, an attorney admitted to practice law in the State of New York,
affirms:
That the undersigned a partner of the firm of RUBIN, FIORELLA & FRIEDMAN
LLP, attorneys of record for defendant(s), ADEE REALTY, LLC, FIEBER REALTY, LLC, and
FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER
REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC., in
the within action; that the undersigned has read the foregoing Answer to the Amended Complaint
and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to
the matters therein stated to be alleged on information and belief; and as to those matters affirmant
believes them to be true.
The grounds of affirmant's belief as to all matters not stated to be upon affirmant's
own knowledge, are investigative material contained in affirmant's file.
The undersigned affirms that the foregoing statements are true, under the penalty of
perjury.
Dated: New York, New York
February 17, 2015
FA Ce lo
LEILA CARDOSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
cents enema eetemen aimee eemnenees SEES IES x
KALIMER FELICIANO,
Plaintiff(s), DEMAND FOR
A VERIFIED
-against- BILL OF
PARTICULARS
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
Lic SENSRETENGS MTAARNLDD OGRLREG REGS SEINE HR Mote X
SIRS:
PLEASE TAKE NOTICE that, pursuant to this Demand, you are required to serve
a verified Bill of Particulars with the following information with ten (10) days:
1.
2.
and, if so:
Age of plaintiff(s), date of birth and place of birth.
Date of accident.
Time of accident.
Place of accident.
Acts of wrongdoing claimed separately, against each defendant.
Whether actual notice of a defective, deficient or unsafe condition is alleged,
(a) Nature of condition;
(b) Location of condition;
(c) The person or persons to whom notice given;
(d) The place or places where notice given;Ts
alleged, and, if so:
8.
(e) The date or dates when notice given;
(f) The person or persons by whom notice given.
Whether constructive notice of a defective, deficient or unsafe condition is
(a) Nature of condition.
(b) Location of condition.
(c) Duration of condition with date of inception,to date constructive
notice be claimed to be given defendant(s).
All acts and omissions allegedly constituting negligence and carelessness on
the part of each of the other defendants.
9.
measurements.
10.
The exact location where the accident occurred, giving distances and exact
Statement of all injuries claimed, including a detailed statement of those
claimed to be permanent.
11.
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;
(d) Total amount of loss claimed.
If plaintiff(s) was/were student(s) at the time of the accident:
(a) Name and address of school;
(b) Dates student(s) failed to attend school as a result of accident.13.
14,
15,
16.
plaintiff(s).
17.
If confined to or treated at a hospital:
(a) Length of time confined giving dates;
(b) | Name and address of hospital.
If confined to bed or home:
(a) Length of time confined to bed, giving dates;
(b) Length of time confined to home, giving dates.
Statement of special damages incurred for:
(a) Hospital and dates of visits;
(b) Physicians and dates of visits;
(c) Nurses and dates of visits;
(d) — Medical equipment;
(e) Medicines and dates obtained;
(f) Other (specify).
A verified statement setting forth the residence and post office address of the
If loss of service is claimed, set forth the exact nature of the service stating
what was done or not done as a result of the alleged occurrence.
18.
If any statutes, 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 by which of the defendants.
19.
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)
(©)
(d)
(e)
@
Alleged value of the property immediately following the event
complained of;
Cost to repair the property allegedly damaged;
Cost to replace the property allegedly damaged;
Any claim with respect to loss of use or incidental expenses, and if
so, how incurred;
Set forth copies of any paid invoices for such sums as are claimed to
have been incurred.
20. Set forth in writing any and all statements made by the defendant(s) with
respect to the occurrence.
Dated:
TO:
New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708,26997
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Se EES MATES FOREN RSME RES eee xX
KALIMER FELICIANO, Index No.: 20551/13E
Plaintiff(s), DEMAND FOR AMOUNT
OF DAMAGES.
-against- PURSUANT TO
CPLR 3017(c
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Defendant(s).
BSEME SPREE CORES ASRS opens oooscUemeNs! X
SIRS:
PLEASE TAKE NOTICE, that pursuant to Section 3017(c) of the Civil Practice
Law and Rules, demand is hereby made that plaintiff(s) serve upon the undersigned within fifteen
(15) days hereof, a demand setting forth those sums which plaintiff(s) assert as and for damages to
each cause of action asserting negligence as against the undersigned party.
Dated: New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997TO:
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
sPriraNtins ATES RERUN TEIO RERORIND RPDES en IOLETOES X
KALIMER FELICIANO, DEMAND FOR DISCLOSURE AS
TO MEDICARE/MEDICAID LIEN
Plaintiff(s),
-against-
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.: — 20551/13E
Defendant(s).
AOR OE Roe RHEewSG Seeies wees e wes eam xX
PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules,
the undersigned attorney for defendant hereby demands that you furnish us within (30) days of the
service of this notice the following:
1 A statement as to whether the plaintiff has received benefits from either
Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant
action. If so, please state:
a. Plaintiff's date of birth;
b. Plaintiff's Social Security number;
c. Plaintiffs resident telephone number;
d. The Medicare/Medicaid file number;
e. The address of the office handling the plaintiffs Medicare/Medicaid
file;
ie Copies of all documents, records, memorandums, notes, ete. inplaintiff's possession pertaining to plaintiffs receipt of Medicare or
Medicaid benefits; and
g. A duly executed authorization bearing plaintiff's date of birth and
Social Security number permitting this firm and or the representatives
of defendant(s) to obtain copies of plaintiffs Medicaid or Medicare
records.
2. State whether Medicare and/or Medicaid has a lien and the amount of any
such lien.
3s Provides copies of all documents, records, memoranda, notes, etc., in
plaintiff's possession pertaining to plaintiff's receipt of Medicare and/or Medicaid benefits, including
copies of all documents provided to or received from the Medicare and/or Medicaid administrator.
If any Medicaid and/or Medicare Secondary Payer (MSP) claims exist, please provide a copy of the
claim summary from Medicare and/or Medicaid regarding those claims.
4. If plaintiff has not received Medicare and/or Medicaid benefits in the past or
is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive
Medicare and/or Medicaid benefits.
5. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now
deceased, please provide the following:
a. Relationship of the administrator of plaintiff's estate to plaintiffs
decedent;
b. Name and address of plaintiff's administrator;
c. Telephone number and/or e-mail address of plaintiff's administrator;d. Social Security number of plaintiff's administrator;
e. An authorization to examine and copy deceased's Medicare and/or
Medicaid records.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand
and that you are required to serve the demanded information by the earliest of the following:
a. Within 30 days of the date of this demand;
b. Within 20 days of receiving the above-requested information;
ic; No later than 30 days prior to the commencement of trial.
If you do not possess the above-requested information, a letter or affidavit to that effect
should be submitted.
PLEASE TAKE FURTHER NOTICE, that failure to provide the items demanded above
within twenty (20) days will preclude plaintiff from proving liability, causation and damages at trial.
Dated: New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997TO:
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
eA SIROTA MESSRS HRaciIeecenseren areeeraascensomse see xX
KALIMER FELICIANO,
Plaintiff(s),
-against- DEMAND FOR
EXPERT
INFORMATION _
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
re X
PLEASE TAKE NOTICE, that the undersigned defendant(s), ADEE REALTY,
LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC.
incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC., by its attorneys, RUBIN, FIORELLA & FRIEDMAN LLP
hereby demands pursuant to CPLR 3101(d)(1), you provide, within thirty (30) days, the following:
1. 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 each 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; andDated:
TO:
55 Set forth a summary for the grounds of each expert's opinion.
New York, New York
February 17, 2015
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
wee eee ee eee eee -- -- = --- -- x
KALIMER FELICIANO,
DEMAND FOR
Plaintiff(s), MEDICAL
INFORMATION
AND HOSPITAL
-against- AUTHORIZATIONS
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
we eee eee eee eee eee eee eee ee xX
SIRS.
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) provide,
within twenty (20) days, the following:
1. Medical reports of all of those treating physicians, osteopaths, chiropractors and/or
other licensed medical professionals who have treated or consulted with plaintiff(s) upon whose
testimony plaintiff(s) will rely 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 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.
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 ormental, alleged to have resulted from the events complained of by plaintiff(s) in the within action.
4. Duly executed authorizations with respect to any 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
sequela 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 sequela 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 shall make such motions at or prior to trial as are required for the protection of the
undersigned, which may include the seeking of the dismissal of this action or the precluding of thegiving of any testimony with respect to any such conditions as are or have been treated but with
respect to which response by plaintiff(s) has not been given.
Dated:
TO:
New York, New York
February 17, 2015
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Sie Rit HS HEE Mee rere ES eae! X
KALIMER FELICIANO,
DEMAND FOR
Plaintiff(s), NAMES AND
ADDRESSES OF
WITNESSES
-against-
Index No.:
20551/13E
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Defendant(s).
ae eee ee eee eee eee eee eee ee eee xX
SIRS:
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 attorneys for your client, with respect to the following:
1, Any witnesses to the occurrence and/or events complained of in the complaint
of plaintiff(s).
2. Witnesses having knowledge of any alleged:
(a) Wrongful act, error or omission allegedly committed or omitted by:
(i) The party;(ii) Any other defendant or third party defendant in this action;
(iii) Any person or party not a defendant or third party defendant
in this action;
(b) Any allegedly dangerous or defective condition with respect to any
premises, instrumentality or device;
(c) The condition of the premises, instrumentality or device complained
of in this action:
a Within thirty (30) days prior to the date of the occurrence or
event;
(ii) At any time 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 events 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 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 byany defendant or third party defendant.
effect.
Dated:
TO:
If you are unaware of any witnesses at this time, please provide a statement to that
New York, New York
February 17, 2015
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
KROSS eee wees Rese Sr Eee ee Seer eeene xX
KALIMER FELICIANO,
NOTICE OF
Plaintiff(s), DISCOVERY
AND
INSPECTION
-against-
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
eee are Rice eeeeeaoiermeer aoe! x
PLEASE TAKE NOTICE, that pursuant to CPLR 3120(1), plaintiff is/are hereby
requested to produce at the offices of RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue,
3rd Floor, New York, New York 10017, on the 19th day of March, 2015, the following for
inspection by the defendant(s), or its attorneys:
1. Any photographs of the accident scene or the plaintiff's injuries;
2. A duly executed authorization permitting the answering defendant(s)
and/or their attorneys to obtain the plaintiff's employment records for
the years 2008 to present;
3. A duly executed authorization permitting the answering defendant(s)
and/or their attorneys to obtain the plaintiff's income tax records for
the years 2008 to present; and
4. Duly executed authorizations for all access to plaintiff's Facebook,MySpace, Linked-In account, including both current and historical
information.
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:
TO:
New York, New York
February 17, 2015
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
we -------------- == --- ----- x
KALIMER FELICIANO,
Plaintiff(s), DEMAND PURSUANT
TO CPLR 4545 FOR
-against- COLLATERAL SOURCE
PAYMENTS INFORMATION
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
SaEnRIRIE EAERESTIRITERIEIEE SSRERIRTEEmeneS Die E. X
TO: Plaintiffs,
SIRS:
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:
1. The names, addresses and amounts received to date from all persons,
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 other costs including but not
limited to:
(A) __ Insurance;
(B) — Social Security Benefits;
(C) — Worker's Compensation Benefits;
(D) _ 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 claimssubmitted pursuant to the policy, and the amount of money received pursuant to each claim.
3. Duly executed and acknowledged 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 policies 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 for the complete documents and
policy including but not 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: New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP.
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO.,, INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997TO:
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
PUGREE WUESwEWoCe's TeeR ome PEReEN arene x
KALIMER FELICIANO,
DEMAND FOR
Plaintiff(s), STATEMENT
-against- Index No.:
20551/13E
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Defendant(s).
einmrines TEAeT mews RESSES RGSS SEES BEE xX
SIRS:
PLEASE TAKE NOTICE, that demand is hereby made upon your, pursuant to
CPLR 3101(3), for a copy of all statements of Defendant(s), ADEE REALTY, LLC, FIEBER
REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO.), INC. incorrectly sued
herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE
COMPANY, INC. or the agents and employees of said party. If there be no statements please advise
accordingly.
PLEASE 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 theuse of such statements upon the trial of this matter.
Dated: New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997
TO: SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
ieee weer oreiaR AARC RECs aEceaIsussasEEemaemeanunianaees K
KALIMER FELICIANO,
Plaintiff(s), DEMAND PURSUANT
TO CPLR 306-A
-against-
Index No.: 20551/13E
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Defendant(s).
iiss cats ca nnE nS SRS cee SA RRRALCRREN RNR RES x
SIRS
PLEASE TAKE NOTICE, that pursuant to CPLR 306-A and 306-B, demand is hereby
made upon the plaintiff(s) to furnish proof that the summons and complaint or summons with 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 notice.
DATED: New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997TO:
SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
woe e ee eee ee eee ee eee eee -- X
KALIMER FELICIANO,
NOTICE PURSUANT
Plaintiff(s), TO CPLR § 2103(5
-against- Index No.: — 20551/13E
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Defendant(s).
wee eee eee eee eee eee eee xX
SIRS:
PLEASE TAKE NOTICE, that pursuant to CPLR Section 2103(5) the office of the
undersigned will not accept service of papers by facsimile (Fax) transmittal or other electric means.
Dated: New York, New York
February 17, 2015
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997
TO: SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
oi) PREM ORE UES eneesemes ee cone © x
KALIMER FELICIANO,
NOTICE TO TAKE
Plaintiff(s), DEPOSITION UPON
ORAL EXAMINATION
-against-
ADEE REALTY, LLC, FIEBER REALTY LLC,
FIEBER REALTY COMPANY, and FIEBER
MAINTENANCE & MANAGEMENT
COMPANY, INC.,
Index No.:
Defendant(s). 20551/13E
Sie ieee RESORT ERNE Ree SARS ERS KESSRES x
SIRS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules the testimony, upon oral examination, of the plaintiff(s), KALIMER FELICIANO, whose
address is c/o SCOTT A. FELICETTI, ESQ., 557 Grand Concourse, Ste. 159, Bronx, New York
10451, as an adverse party 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 RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue, 3rd Floor, New York, New
York 10017 on the 20th day of May, 2015 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 whichoccurred on the 12th day of August, 2012, including negligence, contributory negligence, liability
and damages.
That the said person to be examined is required to produce at such examination the
following: All books, records and papers in their possession or accessible to them pertaining to the
subject matter of this lawsuit.
Dated: New York, New York
February 17, 2015
TO: SCOTT A. FELICETTI, ESQ.
Attorney for Plaintiff
KALIMER FELICIANO
557 Grand Concourse, Ste. 159
Bronx, New York 10451
Yours, etc.,
RUBIN, FIORELLA & FRIEDMAN LLP
Attorneys for Defendant(s)
ADEE REALTY, LLC, FIEBER REALTY,
LLC, and FIEBER MAINTENANCE AND
MANAGEMENT CO., INC. incorrectly sued
herein as FIEBER REALTY COMPANY and
FIEBER MANAGEMENT &
MAINTENANCE COMPANY, INC.
630 Third Avenue, 3rd Floor
New York, New York 10017
(212) 953-2381
Our File: 0708.26997STATE OF NEW YORK )
COUNTY OF NEW YORK )
ELISE WELCH, being duly sworn, deposes and says, that deponent is not a party to
the action, is over 18 years of age and resides in Valley Stream, New York.
Ee
That on the |!7 “day of February, 2015 deponent served the within Verified Answer
to Amended Complaint dated August 4, 2014, Demand for Verified Bill of Particulars, Various
Discovery Demands, and Notice to Take Deposition Upon Oral Examination upon:
SCOTT A. FELICETTI, ESQ.
557 Grand Concourse, Ste. 159
Bronx, New York 10451
in this action at the address designated by said attorney for that purpose by depositing same enclosed
in a post-paid properly addressed wrapper, in an official depository under the exclusive care and
custody of the United States Post Office within the State of New York.
LCH
Sworn to before me this
\* day of February, 2015
foil by oor
Notary Public
Preview
INDEX NO. 20551/2013E NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 02/17/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX meEIEED SAESEIRETR EINES DERE RET aS ESSE X KALIMER FELICIANO, Plaintiff(s), CERTIFICATION -against- ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E mT PUN Soe TAen EIEEE Res BE SSS REE XxX The undersigned certifies, in accordance with Section 130-1.1(a) of the Rules of the Chief Administrator that the documents listed below and served herein are not frivolous as defined in Subsection (c) of Section 130-1.1: Verified Answer to Amended Complaint dated August 4, 2014; Demand for a Verified Bill of Particulars; Demand for Damages; Demand for Disclosure as to Medicare/Medicaid Lien; Demand for Medical Information and Hospital Authorizations; Demand for Discovery and Inspection; Demand for Names and Addresses of Witnesses; Demand for Expert Information; Demand for Adverse Party Statements; Notice Pursuant to CPLR §2103(5); Demand Pursuant to CPLR §306-A; Demand Pursuant to CPLR 4545 for Collateral Source Payments Information; and Notice to Take Deposition Upon Oral Examination. Fb Ca Lo LEILA CARDO DATED: New York, New York February 17, 2015SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX one ee eee eee ee eee ee eee eee ----- X KALIMER FELICIANO, VERIFIED ANSWER TO AMENDED COMPLAINT Plaintiff(s), -against- Index No.: 20551/13E ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Defendant(s). Besser ReeR SW ess eEomECeENES oom Soe X Defendant(s), ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC., by its attorneys, RUBIN, FIORELLA & FRIEDMAN LLP, as and for its answer to the amended complaint of the plaintiff, dated August 4, 2014, respectfully sets forth: ils Deny(ies) the allegations contained in paragraph(s) "2 through 5", "7", "8", "9" and "11" of the amended complaint. 2. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "1" of the amended complaint. 3 Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "6" of the amended complaint, except admits that the defendant FIEBER REALTY, LLC was and still is a domestic limited liability company duly organized and existing under and by virtue of the laws of the State of New York.4. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "10" of the amended complaint, except admits that the defendant FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York, and maintains its principal place of business at 105 Court Street, Brooklyn, New York 11201. AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 5. Repeats and reiterates the denials to each and every allegation contained in paragraph "12" of the amended complaint as if more fully set forth at length herein. 6. Deny(ies) the allegations contained in paragraph(s) "13" through 18" and "24 through 29" of the amended complaint. 7. Deny(ies) the allegations contained in paragraph(s) "19 through 23" of the amended complaint, and respectfully refer(s) all questions of law to the Court at the time of trial. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 8. Repeats and reiterates the denials to each and every allegation contained in paragraph "30" of the amended complaint as if more fully set forth at length herein. 9. Deny(ies) the allegations contained in paragraph(s) "36" and "40 through 47" of the amended complaint. 10. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "33", "34" and "35" of the amended complaint. 11. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "37", "38" and "39" of the amended complaint, andrespectfully refer(s) all questions of law to the Court at the time of trial. 12. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "31" and "32" of the amended complaint, except admits that on August 12, 2012 the defendant FIEBER REALTY, LLC owned and leased certain premises located at 2500 Tratman Avenue, Bronx, New York 10461. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 13. Repeats and reiterates the denials to each and every allegation contained in paragraph "48" of the amended complaint as if more fully set forth at length herein. 14. Deny(ies) the allegations contained in paragraph(s) "49 through 65" of the amended complaint. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 15. Repeats and reiterates the denials to each and every allegation contained in paragraph "66" of the amended complaint as if more fully set forth at length herein. 16. Deny(ies) the allegations contained in paragraph(s) "67", "68", "72" and "76 through 84" of the amended complaint. 17. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "69", "70" and "85" of the amended complaint. 18. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "73", "74" and "75" of the amended complaint, and respectfully refer(s) all questions of law to the Court at the time of trial. 19. Deny(ies) knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph(s) "71" of the amended complaint, except admits that onAugust 12, 2012 the defendant FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. was the property management for premises located at 2500 Tratman Avenue, Bronx, New York 10461. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 20. Upon information and belief, any damage or damages sustained by the plaintiff(s) herein were not caused by the wrongdoing on the part of the answering defendant(s), its servants, agents or employees, but were caused solely or in part by the wrongdoing of the plaintiff(s) and that 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 21. Upon information and belief, plaintiff's economic loss, if any, as specified in Section 4545 of the CPLR, was replaced or indemnified, in whole or in part, from 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 22. Upon information and belief, in the event that a judgment is rendered against answering defendant(s), it shall not be responsible for more than its proportionate share of liability pursuant to Section 1601, et seq. of the CPLR. WHEREFORE, defendants, ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. demand judgment dismissing theamended complaint, together with the costs and disbursements of this action. Dated: TO} New York, New York February 17, 2015 SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997VERIFICATION PURSUANT TO CPLR 3020(D)(2) STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice law in the State of New York, affirms: That the undersigned a partner of the firm of RUBIN, FIORELLA & FRIEDMAN LLP, attorneys of record for defendant(s), ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC., in the within action; that the undersigned has read the foregoing Answer to the Amended Complaint and knows the contents thereof; that the same are true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief; and as to those matters affirmant believes them to be true. The grounds of affirmant's belief as to all matters not stated to be upon affirmant's own knowledge, are investigative material contained in affirmant's file. The undersigned affirms that the foregoing statements are true, under the penalty of perjury. Dated: New York, New York February 17, 2015 FA Ce lo LEILA CARDOSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX cents enema eetemen aimee eemnenees SEES IES x KALIMER FELICIANO, Plaintiff(s), DEMAND FOR A VERIFIED -against- BILL OF PARTICULARS ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E Lic SENSRETENGS MTAARNLDD OGRLREG REGS SEINE HR Mote X SIRS: PLEASE TAKE NOTICE that, pursuant to this Demand, you are required to serve a verified Bill of Particulars with the following information with ten (10) days: 1. 2. and, if so: Age of plaintiff(s), date of birth and place of birth. Date of accident. Time of accident. Place of accident. Acts of wrongdoing claimed separately, against each defendant. Whether actual notice of a defective, deficient or unsafe condition is alleged, (a) Nature of condition; (b) Location of condition; (c) The person or persons to whom notice given; (d) The place or places where notice given;Ts alleged, and, if so: 8. (e) The date or dates when notice given; (f) The person or persons by whom notice given. Whether constructive notice of a defective, deficient or unsafe condition is (a) Nature of condition. (b) Location of condition. (c) Duration of condition with date of inception,to date constructive notice be claimed to be given defendant(s). All acts and omissions allegedly constituting negligence and carelessness on the part of each of the other defendants. 9. measurements. 10. The exact location where the accident occurred, giving distances and exact Statement of all injuries claimed, including a detailed statement of those claimed to be permanent. 11. 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; (d) Total amount of loss claimed. If plaintiff(s) was/were student(s) at the time of the accident: (a) Name and address of school; (b) Dates student(s) failed to attend school as a result of accident.13. 14, 15, 16. plaintiff(s). 17. If confined to or treated at a hospital: (a) Length of time confined giving dates; (b) | Name and address of hospital. If confined to bed or home: (a) Length of time confined to bed, giving dates; (b) Length of time confined to home, giving dates. Statement of special damages incurred for: (a) Hospital and dates of visits; (b) Physicians and dates of visits; (c) Nurses and dates of visits; (d) — Medical equipment; (e) Medicines and dates obtained; (f) Other (specify). A verified statement setting forth the residence and post office address of the If loss of service is claimed, set forth the exact nature of the service stating what was done or not done as a result of the alleged occurrence. 18. If any statutes, 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 by which of the defendants. 19. 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) (©) (d) (e) @ Alleged value of the property immediately following the event complained of; Cost to repair the property allegedly damaged; Cost to replace the property allegedly damaged; Any claim with respect to loss of use or incidental expenses, and if so, how incurred; Set forth copies of any paid invoices for such sums as are claimed to have been incurred. 20. Set forth in writing any and all statements made by the defendant(s) with respect to the occurrence. Dated: TO: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708,26997 SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Se EES MATES FOREN RSME RES eee xX KALIMER FELICIANO, Index No.: 20551/13E Plaintiff(s), DEMAND FOR AMOUNT OF DAMAGES. -against- PURSUANT TO CPLR 3017(c ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Defendant(s). BSEME SPREE CORES ASRS opens oooscUemeNs! X SIRS: PLEASE TAKE NOTICE, that pursuant to Section 3017(c) of the Civil Practice Law and Rules, demand is hereby made that plaintiff(s) serve upon the undersigned within fifteen (15) days hereof, a demand setting forth those sums which plaintiff(s) assert as and for damages to each cause of action asserting negligence as against the undersigned party. Dated: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX sPriraNtins ATES RERUN TEIO RERORIND RPDES en IOLETOES X KALIMER FELICIANO, DEMAND FOR DISCLOSURE AS TO MEDICARE/MEDICAID LIEN Plaintiff(s), -against- ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: — 20551/13E Defendant(s). AOR OE Roe RHEewSG Seeies wees e wes eam xX PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned attorney for defendant hereby demands that you furnish us within (30) days of the service of this notice the following: 1 A statement as to whether the plaintiff has received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state: a. Plaintiff's date of birth; b. Plaintiff's Social Security number; c. Plaintiffs resident telephone number; d. The Medicare/Medicaid file number; e. The address of the office handling the plaintiffs Medicare/Medicaid file; ie Copies of all documents, records, memorandums, notes, ete. inplaintiff's possession pertaining to plaintiffs receipt of Medicare or Medicaid benefits; and g. A duly executed authorization bearing plaintiff's date of birth and Social Security number permitting this firm and or the representatives of defendant(s) to obtain copies of plaintiffs Medicaid or Medicare records. 2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien. 3s Provides copies of all documents, records, memoranda, notes, etc., in plaintiff's possession pertaining to plaintiff's receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrator. If any Medicaid and/or Medicare Secondary Payer (MSP) claims exist, please provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims. 4. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive Medicare and/or Medicaid benefits. 5. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased, please provide the following: a. Relationship of the administrator of plaintiff's estate to plaintiffs decedent; b. Name and address of plaintiff's administrator; c. Telephone number and/or e-mail address of plaintiff's administrator;d. Social Security number of plaintiff's administrator; e. An authorization to examine and copy deceased's Medicare and/or Medicaid records. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: a. Within 30 days of the date of this demand; b. Within 20 days of receiving the above-requested information; ic; No later than 30 days prior to the commencement of trial. If you do not possess the above-requested information, a letter or affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE, that failure to provide the items demanded above within twenty (20) days will preclude plaintiff from proving liability, causation and damages at trial. Dated: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX eA SIROTA MESSRS HRaciIeecenseren areeeraascensomse see xX KALIMER FELICIANO, Plaintiff(s), -against- DEMAND FOR EXPERT INFORMATION _ ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E re X PLEASE TAKE NOTICE, that the undersigned defendant(s), ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC., by its attorneys, RUBIN, FIORELLA & FRIEDMAN LLP hereby demands pursuant to CPLR 3101(d)(1), you provide, within thirty (30) days, the following: 1. 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 each 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; andDated: TO: 55 Set forth a summary for the grounds of each expert's opinion. New York, New York February 17, 2015 SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX wee eee ee eee eee -- -- = --- -- x KALIMER FELICIANO, DEMAND FOR Plaintiff(s), MEDICAL INFORMATION AND HOSPITAL -against- AUTHORIZATIONS ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E we eee eee eee eee eee eee eee ee xX SIRS. 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) provide, within twenty (20) days, the following: 1. Medical reports of all of those treating physicians, osteopaths, chiropractors and/or other licensed medical professionals who have treated or consulted with plaintiff(s) upon whose testimony plaintiff(s) will rely 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 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. 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 ormental, alleged to have resulted from the events complained of by plaintiff(s) in the within action. 4. Duly executed authorizations with respect to any 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 sequela 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 sequela 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 shall make such motions at or prior to trial as are required for the protection of the undersigned, which may include the seeking of the dismissal of this action or the precluding of thegiving of any testimony with respect to any such conditions as are or have been treated but with respect to which response by plaintiff(s) has not been given. Dated: TO: New York, New York February 17, 2015 SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Sie Rit HS HEE Mee rere ES eae! X KALIMER FELICIANO, DEMAND FOR Plaintiff(s), NAMES AND ADDRESSES OF WITNESSES -against- Index No.: 20551/13E ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Defendant(s). ae eee ee eee eee eee eee eee ee eee xX SIRS: 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 attorneys for your client, with respect to the following: 1, Any witnesses to the occurrence and/or events complained of in the complaint of plaintiff(s). 2. Witnesses having knowledge of any alleged: (a) Wrongful act, error or omission allegedly committed or omitted by: (i) The party;(ii) Any other defendant or third party defendant in this action; (iii) Any person or party not a defendant or third party defendant in this action; (b) Any allegedly dangerous or defective condition with respect to any premises, instrumentality or device; (c) The condition of the premises, instrumentality or device complained of in this action: a Within thirty (30) days prior to the date of the occurrence or event; (ii) At any time 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 events 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 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 byany defendant or third party defendant. effect. Dated: TO: If you are unaware of any witnesses at this time, please provide a statement to that New York, New York February 17, 2015 SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX KROSS eee wees Rese Sr Eee ee Seer eeene xX KALIMER FELICIANO, NOTICE OF Plaintiff(s), DISCOVERY AND INSPECTION -against- ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E eee are Rice eeeeeaoiermeer aoe! x PLEASE TAKE NOTICE, that pursuant to CPLR 3120(1), plaintiff is/are hereby requested to produce at the offices of RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, on the 19th day of March, 2015, the following for inspection by the defendant(s), or its attorneys: 1. Any photographs of the accident scene or the plaintiff's injuries; 2. A duly executed authorization permitting the answering defendant(s) and/or their attorneys to obtain the plaintiff's employment records for the years 2008 to present; 3. A duly executed authorization permitting the answering defendant(s) and/or their attorneys to obtain the plaintiff's income tax records for the years 2008 to present; and 4. Duly executed authorizations for all access to plaintiff's Facebook,MySpace, Linked-In account, including both current and historical information. 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: TO: New York, New York February 17, 2015 SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX we -------------- == --- ----- x KALIMER FELICIANO, Plaintiff(s), DEMAND PURSUANT TO CPLR 4545 FOR -against- COLLATERAL SOURCE PAYMENTS INFORMATION ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E SaEnRIRIE EAERESTIRITERIEIEE SSRERIRTEEmeneS Die E. X TO: Plaintiffs, SIRS: 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: 1. The names, addresses and amounts received to date from all persons, 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 other costs including but not limited to: (A) __ Insurance; (B) — Social Security Benefits; (C) — Worker's Compensation Benefits; (D) _ 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 claimssubmitted pursuant to the policy, and the amount of money received pursuant to each claim. 3. Duly executed and acknowledged 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 policies 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 for the complete documents and policy including but not 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: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP. Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO.,, INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX PUGREE WUESwEWoCe's TeeR ome PEReEN arene x KALIMER FELICIANO, DEMAND FOR Plaintiff(s), STATEMENT -against- Index No.: 20551/13E ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Defendant(s). einmrines TEAeT mews RESSES RGSS SEES BEE xX SIRS: PLEASE TAKE NOTICE, that demand is hereby made upon your, pursuant to CPLR 3101(3), for a copy of all statements of Defendant(s), ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO.), INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. or the agents and employees of said party. If there be no statements please advise accordingly. PLEASE 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 theuse of such statements upon the trial of this matter. Dated: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997 TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ieee weer oreiaR AARC RECs aEceaIsussasEEemaemeanunianaees K KALIMER FELICIANO, Plaintiff(s), DEMAND PURSUANT TO CPLR 306-A -against- Index No.: 20551/13E ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Defendant(s). iiss cats ca nnE nS SRS cee SA RRRALCRREN RNR RES x SIRS PLEASE TAKE NOTICE, that pursuant to CPLR 306-A and 306-B, demand is hereby made upon the plaintiff(s) to furnish proof that the summons and complaint or summons with 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 notice. DATED: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX woe e ee eee ee eee ee eee eee -- X KALIMER FELICIANO, NOTICE PURSUANT Plaintiff(s), TO CPLR § 2103(5 -against- Index No.: — 20551/13E ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Defendant(s). wee eee eee eee eee eee eee xX SIRS: PLEASE TAKE NOTICE, that pursuant to CPLR Section 2103(5) the office of the undersigned will not accept service of papers by facsimile (Fax) transmittal or other electric means. Dated: New York, New York February 17, 2015 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997 TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX oi) PREM ORE UES eneesemes ee cone © x KALIMER FELICIANO, NOTICE TO TAKE Plaintiff(s), DEPOSITION UPON ORAL EXAMINATION -against- ADEE REALTY, LLC, FIEBER REALTY LLC, FIEBER REALTY COMPANY, and FIEBER MAINTENANCE & MANAGEMENT COMPANY, INC., Index No.: Defendant(s). 20551/13E Sie ieee RESORT ERNE Ree SARS ERS KESSRES x SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination, of the plaintiff(s), KALIMER FELICIANO, whose address is c/o SCOTT A. FELICETTI, ESQ., 557 Grand Concourse, Ste. 159, Bronx, New York 10451, as an adverse party 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 RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017 on the 20th day of May, 2015 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 whichoccurred on the 12th day of August, 2012, including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: All books, records and papers in their possession or accessible to them pertaining to the subject matter of this lawsuit. Dated: New York, New York February 17, 2015 TO: SCOTT A. FELICETTI, ESQ. Attorney for Plaintiff KALIMER FELICIANO 557 Grand Concourse, Ste. 159 Bronx, New York 10451 Yours, etc., RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for Defendant(s) ADEE REALTY, LLC, FIEBER REALTY, LLC, and FIEBER MAINTENANCE AND MANAGEMENT CO., INC. incorrectly sued herein as FIEBER REALTY COMPANY and FIEBER MANAGEMENT & MAINTENANCE COMPANY, INC. 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File: 0708.26997STATE OF NEW YORK ) COUNTY OF NEW YORK ) ELISE WELCH, being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides in Valley Stream, New York. Ee That on the |!7 “day of February, 2015 deponent served the within Verified Answer to Amended Complaint dated August 4, 2014, Demand for Verified Bill of Particulars, Various Discovery Demands, and Notice to Take Deposition Upon Oral Examination upon: SCOTT A. FELICETTI, ESQ. 557 Grand Concourse, Ste. 159 Bronx, New York 10451 in this action at the address designated by said attorney for that purpose by depositing same enclosed in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office within the State of New York. LCH Sworn to before me this \* day of February, 2015 foil by oor Notary Public