Preview
(FILED: NASSAU COUNTY CLERK 1270372012 INDEX NO. 601537/2012
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/03/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
RYAN JONES by his ff/aDARELLJONES, *
Index No.: 601537/12
Plaintiffs,
-against- VERIFIED ANSWER
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP,
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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The defendant, STEPHEN SHARON, MLD., i/s/h/a STEVE SHARON, M.D., by his
attorneys, LEWIS JOHS AVALLONE AVILES, LLP, answering the Verified Complaint of the
plaintiff herein, upon information and belief, alleges as follows:
1. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraphs numbered “1,” “2,” “3, “4”
and “5” of the plaintiff's Verified Complaint.
2. Defendant admits the truth of those allegations contained in paragraph number “6"
of plaintiff's Verified Complaint.
3. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each. and every allegation contained in paragraphs numbered “7,” “8,” “9,”
“15” and “16” of the plaintiff's Verified Complaint.
PLEASE NOTE: COMPLAINT MISSING PARAGRAPHS #10-14.4. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraph number “17” of the plaintiff's
Verified Complaint, in the form alleged, and respectfully refers all questions of fact to the trier of
fact and all questions of law to this Honorable Court.
5. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraphs numbered “18,” “19” and
“20” of the plaintiff's Verified Complaint.
6. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraph number “21” of the plaintiff's
Verified Complaint, in the form alleged, except admits that defendant STEPHEN SHARON,
MLD., i/s/h/a STEVE SHARON, M.D., was and is a physician licensed to practice medicine in
the State of New York and respectfully refers all questions of fact to the trier of fact and all
questions of law to this Honorable Court.
7. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraphs numbered “22,” “23” and
“24” “of the plaintiff's Verified Complaint.
8. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraph number “25” of the plaintiff's
Verified Complaint, in the form alleged, and respectfully refers all questions of fact io the trier of
fact and all questions of law to this Honorable Court.
9. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraphs numbered “26,” “27,” “28”
and “29” of the plaintiff's Verified Complaint.10. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraph number “30” of the plaintiff's
Verified Complaint, in the form alleged, except admits that defendant STEPHEN SHARON,
MLD., i/s/h/a STEVE SHARON, M.D., rendered certain professional services to the plaintiff and
respectfully refers all questions of fact to the trier of fact and all questions of law to this
Honorable Court.
11. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in, paragraphs numbered “31,” “32” and
“33” of the plaintiff's Verified Complaint.
12. Defendant denies having any knowledge or information sufficient to form a belief
as to the truth of each and every allegation contained in paragraphs numbered “34” and “35” of
the plaintiff's Verified Complaint, in the form alleged, and respectfully refers all questions of
fact to the trier of fact and all questions of law to this Honorable Court.
13. Defendant denies the truth of each and every allegation contained in paragraphs
numbered “36,” “37,” “38” and “39” of the plaintiff's Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
14. This answering defendant alleges, upon information and belief, that whatever
injuries and/or damages were sustained by the plaintiff at the time and place alleged in the
Verified Complaint were in whole or in part the result of the culpable conduct of the plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
15. The answering defendant herein denies liability; however, if a measure of damage
of fifty percent or less is found against this answering defendant, then this answering defendant
is entitled to the limitations of liability in CPLR Article 16.AS AND FOR A THIRD AFFIRMATIVE DEFENSE
16. If plaintiff settles, discontinues and/or ends this lawsuit and/or any other lawsuit
arising out of the same incident to which the within action pertains, and/or does so in the future
as against one or more of the defendants herein and/or any other alleged tortfeasor, this
answering defendant asserts its right to any and all set-offs in accordance with General
Obligations Law Section 15-108.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
17. Upon information and belief, any part or future costs and/or expenses incurred or
to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation
services, loss of earnings or other economic loss, has been or will with reasonable certainty be
replaced or indemnified in whole or in part from a collateral source as defined in section 4545(a)
of the CPLR.
If any damages are recoverable against the answering defendant, the amount of such.
damages shal! be diminished by the amount of the funds which plaintiff has received or shall
receive from such collateral source.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
18. That the rights of action and/or the causes of action as set forth in the plaintiff's
Complaint as against this answering defendant are barred by the applicable statutes of
limitations.WHEREFORE, defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON,
M.D., demands judgment dismissing the plaintiff's Verified Complaint, together with the costs
and disbursements of this action.
Dated: Islandia, New York
TO:
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant STEPHEN SHARON, M_D.,
i/s/h/a STEVE SHARON, M.D.
One CA Plaza - Suite 225
Islandia, New York 11749
(631) 755-0101
By:
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street - 21* Floor
New York, NY 10005
(212) 514-5007Attorney Verification
CHRISTINE B. HICKEY, an attorney admitted to practice in the Courts of the State of
New York, affirms that the following statements are true under penalties of perjury:
Affirmant is a member of the law firm of LEWIS JOHS AVALLONE AVILES, LLP
attorneys of record for the defendant, STEPHEN SHARON, MLD., i/s/b/a STEVE SHARON,
MLD. in the within action. Affirmant has read the foregoing Answer, knows the contents thereof,
and that the same is true to deponent's own knowledge, except as to the matters therein stated to
be alleged upon information and belief, and that those matters affirmant believes to be true.
This verification is made by affirmant and not by the defendant because defendant does
not reside in the County wherein your affirmant maintains an office.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are as follows: Verbal information from defendants, office records, and affirmant's general
investigation into the facts of this case.
Dated: Islandia, New York
November 26, 2012
WE
CHRISTINE B. HICKEYSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
RYAN JONES by his fifa DARELL JONES, *
Index No.: 601537/12
Plaintiffs,
-against- , COMBINED DEMANDS
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP,
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M_D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M_D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and
Rules, the defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D., hereby
demands that you furnish the undersigned attorney for the aforesaid defendant within twenty (20)
days of service of this Notice:
1. STATEMENTS: Copies of all written or verbal statements, whether signed or
otherwise, including but not limited to audio and/or video tape recordings of the defendants, the
agents, servants or employees of the defendants, or a notice or letter stating that you have no
such statements.
2. REPORTS AND AUTHORIZATIONS: Copies of all existing and future reports of
all physicians who have treated or examined the plaintiff in connection with the injuries for
which recovery is sought (see Honig v. Westphal 52 N.Y.2d 605 (1981); duly executed andacknowledged authorizations permitting the defendant(s) to obtain and copy all hospital records,
x-ray reports, physicians' records, radiological films and all other records referred to in any
physicians! report.
3. PHOTOGRAPHS. The defendant demands copies of all photographs, videotapes,
drawings, of the plaintiffs injuries which plaintiff intends to show to the jury. FAILURE TO
PRODUCE THESE EXHIBITS WILL RESULT IN A PRECLUSION MOTION AT. THE
TIME OF TRIAL.
4. Pursuant to CPLR 4545, the undersigned demands that you forward to this office,
copies of all insurance documents including insurance policies, employment benefits books and
memoranda in your possession or in the possession of your clients concerning the costs of
medical care, custodial care, or rehabilitation services, loss of earnings or other economic loss
which was replaced or indemnified, in whole or in part, from any collateral source such as
insurance, Social Security (except those benefits provided under Title XVIM of the Social
Security Act), Workers Compensation or employee benefit programs, except such collateral
sources entitled by law to liens against recovery of the plaintiff.UPON YOUR FAILURE TO COMPLY, the defendant shall rely on all sanctions
provided by law and/or a Motion shall be made to the above Court for an Order directing
compliance plus costs of this Motion.
Dated: Islandia, New York
TO:
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M_D., i/s/b/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
By:
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21 Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
-against- NOTICE OF
EXAMINATION
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, BEFORE TRIAL
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE that, pursuant to sections 3101 and 3107 of the Civil
Practice Law and Rules, the defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON,
M.D. will cause to be taken testimony of the plaintiff, whose address is 7 Ontario Road, West
Hempstead, NY 11532, its agents, servants or employees of said parties having knowledge of the
subject matter concerning all of the relevant facts and circumstances in connection with the
issues alleged in plaintiff's complaint, including negligence, contributory negligence, liability
and damages, and said persons to be examined are required to produce all books, records and
papers in their custody and possession that may be relevant to the issues herein.
PLEASE TAKE FURTHER NOTICE that such examination and deposition will
be taken at Lewis Johs Avallone Aviles, LLP, on the 27th day of December, 2012, at 10 o'clock
in the forenoon of that day, or at such time and place to which the parties or their attorneys may
stipulate.Dated: Islandia, New York
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
5
By:
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street —21* Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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RYAN JONES by his ffn/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
DEMAND FOR NAMES
-against- AND ADDRESSES OF
WITNESSES
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP,
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J, DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE, that each defendant we represent in this action
demands that you set forth in writing, under oath, and serve upon us within ten (10) days of this
date:
1. The names and addresses of each person known or claimed by you
or any party you represent in this action to be witnesses to:
(a) The occurrence alleged in the complaint in this action; or,
(b) Any acts, omissions, or conditions which allegedly caused
the occurrence alleged in the complaint; or,
(c) Any actual notice allegedly given to defendant herein of
any condition which allegedly caused the occurrence
alleged in the complaint; or(d) The nature and duration of any alleged condition which
allegedly caused the occurrence alleged in the complaint.
PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at
the trial of this action to preclude the testimony of any witness to the above-described facts and
circumstances who is not identified by you in response to this notice.
Dated: Islandia, New York
TO:
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M_LD., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza— Suite 225
Islandia, New York 11749
(631) 755-0101
C—
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21" Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
-against- DEMAND FOR
MEDICAL
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INFORMATION
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M_D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE that pursuant to the applicable Rules you are required
to serve within twenty (20) days after receipt of this demand the following:
1. The names and addresses of all physicians or other health-care providers
of every description who have consulted, examined or treated the plaintiffs
for each of the conditions allegedly caused by, or exacerbated by, the
occurrence described in the complaint, including the date of such
treatment or examination.
2. Duly executed and acknowledged written authorizations directed to any
hospital, clinic or other health-care facility in which the injured plaintiffs
herein were treated at or confined to due to the occurrence set forth in the
complaint so as to permit the securing of a copy of the entire hospital
record or records including x-rays and technicians' reports.
3. Duly executed and acknowledged written authorizations to allow
defendant to obtain the complete office medical records relating to
plaintiff, of each health-care provider identified in item "1." above.
4. Copies of all medical reports received from health-care providers
identified in item "1." above. These shall include a detailed recital of the
injuries and conditions as to which testimony will be offered at the trial,
referring to and identifying those x-rays and technicians' reports which
will be offered.5. Duly executed and acknowledged written authorizations to allow
defendant to obtain complete pharmacy or drug store records with respect
to any drugs prescribed for plaintiff from five (5) years prior to the
occurrence described in the complaint to the present.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In
the event any of the above items are obtained after service hereof, they are to be immediately
furnished to this office.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply herewith,
the plaintiffs herein will be precluded at the trial of this action from offering any evidence of the
conditions described in the reports or records demanded or offering in evidence any part of the
hospital records, medical records, x-ray reports or reports of other technicians not made available
pursuant to this Rule, nor will the Court hear the testimony of any physicians whose medical
reports have not been served pursuant to the aforesaid demand.
Dated: Islandia, New York
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M_D., i/s/b/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
i
IRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21“ Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
wemennn eee nen ceee eee n eee ene een nnnnnnnnemnnnnnanmncenennnnnnnnnennnn
RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs, -
-against- REQUEST FOR
EXPERT WITNESS
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INFORMATION
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M_D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and Jasopersaud v.
Rho, 572 N.Y.S.2d 700 (2nd Dept. 1991) defendant demands that you furnish to the undersigned
within twenty (20) days the following disclosure:
For each and every person the plaintiff(s) expect to call as an expert at trial, please
disclose in reasonable detail the qualifications of each such expert, including the following:
la. Where did the expert attend medical school and when did he/she graduate?
1b. Did the expert attend internship, residency and/or fellowship programs? If
so, where and when?
Jc. Does the expert specialize in any areas of medicine? If so, please specify.
1d. Is the expert Board Certified in any areas of medicine? If so, please
specify.
le. Is the expert licensed to practice medicine in the United States? If'so,
where and when was he/she licensed?2. Disclose in reasonable detail the subject matter on which each expert is
expected to testify.
3. Disclose in reasonable detail the substance of the facts and opinions on
which each expert is expected to testify.
4, Disclose in reasonable detail a summary of the grounds for each expert’s
opinion.
PLEASE TAKE NOTICE, that this is a continuing demand and that your failure
to provide this information will result in a motion at trial to preclude any expert witness testify.
The certification of this action does not waive defendant’s right to obtain this
information.
Dated: Islandia, New York
November 26, 2012
‘Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
ee
CHRISTINE B. HICKEY
LIAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21 Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NASSAU
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RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
-against- NOTICE TO TAKE
PARTY STATEMENTS
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP,
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J, DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
ence XK
PLEASE TAKE NOTICE, that the answering defendant represented by the
undersigned demands that you produce, pursuant to CPLR 3101(e) and 3120, at the offices of
LEWIS JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia, New York
11749 within twenty (20) days of receipt of this notice:
1. Any statement, signed or unsigned, audio or videotape, or copy of any
recorded statement or document issued by or secured from any party
represented by the undersigned in this action, or from any agent, servant,
or employee of any defendant represented by this office.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In
the event any of the above items are obtained after service hereof, they are to be immediately
furnished to this office.PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify,
state and/or provide the aforesaid items at the time and place required in this request, a motion
will be made for the appropriate relief to this Court.
Dated: Islandia, New York
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
By.
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wali Street —21* Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
-against- NOTICE TO PRODUCE
COLLATERAL SOURCE
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, PURSUANT TO
METROPOLITAN DIAGNOSTIC IMACING, P.C., CPLR 4545 (a)
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BARER, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE that if any claim is made by plaintiffs to recover for the
cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or
other economic loss, defendants demand that plaintiff produce the following within twenty days
from receipt of this notice:
(1) Identify any collateral source that reimbursed, replaced or indemnified or
will reimburse, replace or indemnify in whole or in part the cost of the
items set forth above;
(2) Furnish copies of any contracts, agreements or policies or other documents
which provide for reimbursement, replacement or indemnification in
whole or in part for the costs of the items set forth above by a collateral
source; and
(3) Furnish authorizations directing the release of all records pertaining to the
reimbursement, replacement or indemnification of the costs of the items
set forth above by collateral sources.PLEASE TAKE FURTHER NOTICE that the within is a continuing request. In
the event any of the above items is obtained after service hereof, it is to be immediately furnished
to this office.
PLEASE TAKE FURTHER NOTICE that upon your failure to produce, identify,
state and/or provide the aforesaid items at the time and place required in this request, a motion
will be made for the appropriate relief to this Court.
Dated: Islandia, New York
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M_D., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
ert
ve
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21" Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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RYAN JONES by his ffn/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
-against- NOTICE FOR
DISCOVERY AND
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INSPECTION
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, the
attorneys for the plaintiff(s) are required to provide the following within twenty (20) days:
1. any original diagnostic films taken from the defendant now in possession of
plaintiff or plaintiffs’ attorneys;
2. diary or journal in possession of plaintiff or plaintiff's attorneys prepared by
plaintiff prior to retention of counsel memorializing the events which gave rise to
this action;
3. Copies of the records of any of the defendants in this case obtained by plaintiff or
plaintiff's counsel prior to the institution of this lawsuit.
That such production and discovery will be made at the office of the undersigned, Lewis
Johs Avallone Aviles, LLP, One CA Plaza, Suite 225, Islandia, New York, on the 20th day of
December, 2012 at 10 o'clock in the forenoon of that day. This notice may otherwise be
complied with by the service of duplicates of the demanded items upon the offices of the
undersigned.PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid
information, a motion will be made for the appropriate relief to the Court.
PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the
requested information may be sent prior to the above-mentioned time in lieu of a personal
appearance on the above date.
Dated: Islandia, New York
November 26, 2012
Yours, ete.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
By:
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21° Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
aaeeee penne nee X
RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs, DEMAND FOR
DISCLOSURE AS TO
-against- MEDICAID, SSDI/SSI
AND/OR MEDICARE
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INFORMATION
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to the requirements of Section 111 of the
Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395y(bX7) and (b)(8)),
defendant, STEPHEN SHARON, MLD., i/s/h’a STEVE SHARON, M.D., demand that plaintiff
provide the following information within twenty (20) days of the date hereof:
a) The plaintiff's date of birth and gender;
b) The plaintiff's social security number;
c) Whether plaintiff has applied for or is receiving Medicare
or Medicaid benefits and the address of the office handling
the plaintiff's Medicare or Medicaid file;
d) Whether plaintiff has applied for or is receiving SSI or
SSDI benefits in connection with any accident or illness
which is the subject of this litigation, and include the
address of the office handling the plaintiffs Medicare
and/or Medicaid file;
e) Whether plaintiff has been diagnosed with or is’ being
treated for end-stage renal failure attributable or related to
any accident or illness which is the subject of this litigation;2)
h)
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Whether any application for said Medicare, Medicaid, SSI
and/or SSDI benefits has been denied;
Whether plaintiff has appealed or intends to appeal from
any denial of said Medicare, Medicaid, SSI or SSDI
benefits.
The identification number or beneficiary number (HICN)
issued to the plaintiff for Medicare or other federal
governmental benefits.
State whether Medicare and/or Medicaid has a lien and if
so, state the amount.
Provide copies of documents, records, memoranda, notes,
etc. in plaintiffs possession pertaining to receipt of
Medicare, Social Security Disability and/or Medicaid
benefits, including copies of all documents provided to or
received from Medicare, Social Security Disability and/or
Medicaid administrators.
Provide copies of any claim summary documents from
CMS, Medicare and/or Medicaid.
If plaintiff has not received Medicare, Social Security
Disability and/or Medicaid benefits in the past or is not
receiving Medicare, Social Security Disability and/or
Medicaid benefits now, state whether plaintiff is eligible to
receive said benefits.
If plaintiff was receiving Medicare, Social Sccurity
Disability and/or Medicaid benefits and is now deceased,
please provide the following:
1. Relationship of the administrator of the
estate to the decedent;
2. Name and address of administrator;
3. Telephone number and address of
administrator;
4. Social Security number of Administrator;
5. An authorization to examine and copy
deceased’s Medicare, Social Security
Disability and/or Medicaid records.PLEASE TAKE FURTHER NOTICE that defendant, STEPHEN SHARON, M.D.,
i/s/h/a STEVE SHARON, M.D., demands that plaintiff furnish the following within twenty (20)
days of the date hereof:
HIPAA compliant authorizations bearing the date of birth and Social Security or HICN
number permitting the undersigned to obtain copies of all.documents contained in the files and
records of the United States Department of Health and Human Services, or any attorney or agent
acting on behalf of plaintiff relating, to plaintiff's application for and receipt oft Medicare or
Medicare benefits, and/or Supplemental Security Income (SST) or Social Security Disability
Income (SSDI) benefits, including documents relating to the denial of any of said benefits and
any appeal taken from the denial of any of said benefits.
Ali authorizations should contain the following statement: “This authorization will
remain in effect up to the conclusion of my court case.”
PLEASE TAKE FURTHER NOTICE that the foregoing are continuing demands. In the
event that any of the above items are obtained or received after service of these demands,
supplemental responses and/or authorizations should be furnished to the undersigned.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the
foregoing demands an application will be made to the court for appropriate relief.
Dated: Islandia, New York
November 26, 2012TO:
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M._D.., i/s/h/a
STEVE SHARON, M.D.
One GA Plaza -~ Suite 225
Islandia, New York 11749
(631) 755-0101
By
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21 Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs,
-against- DEMAND FORA
VERIFIED BILL
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, OF PARTICULARS
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M_D., and LOWELL B. BAREK, M_D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE, that pursuant to Section 3041, et seq., you are hereby required
to serve upon LEWIS JOHS AVALLONE AVILES, LLP, attorneys for the defendant,
STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D., within thirty (30) days after
service of a copy of this Demand, a Verified Bill of Particulars of the Complaint setting forth in
detail the following:
1. The dates and times of the day of the alleged negligent acts and/or omissions
which will be alleged against the defendant(s) herein.
2. The location of the alleged negligent acts and/or omissions charged against the
defendant(s) herein.
3. A statement of each and every act of negligence, commission or omission which
you will claim as the basis of the alleged malpractice of the defendant(s) herein.
4. State the names of each and every person who performed such acts or failed to
act; if the names are not known, describe the physical appearance with sufficient clarity for readyidentification and state the occupation of each such person.
5. State whether or not any claim is made as to improper or defective equipment
and if so identify the equipment and state the defective conditions.
6. Give statement of the accepted medical practices, customs and medical standards
which it is claimed were violated/ departed from by the answering defendant.
7. If the plaintiff complains that the defendant(s) ignored signs, symptoms, made
an erroneous diagnosis, afforded improper treatment, administered improper and/or
contraindicated drugs in an incorrect dosage, failed to take or administer tests or improperly took
and administered tests, state:
(a) the complaints, signs, symptoms that the defendant(s) ignored;
(b) in what respect the diagnosis was erroneous and incorrect, what the
claimed correct diagnosis is, the point in time that the plaintiff claims the
defendant(s) should have made the correct diagnosis;
(c) _ the improper treatment that was afforded and in what manner the
said treatment was improperly performed;
(@) the name of each and every contraindicated drug;
(e) the name of each proper drug allegedly administered incorrectly;
(f) the name of each and every test the defendant(s) failed to take or
administer;
(g) _ the name of each and every test the defendant(s) improperly took
or administered and the manner in which each said test was improperly
taken or administered.
8. If plaintiff claims that defendant(s) improperly performed a physical
examination or performed a contraindicated procedure and/or unnecessary procedure, state:
(a) in what manner the physical examination was improperly
performed;
(b) the name of the surgical procedure and the date performed;(c) in what manner the surgical procedures were improperly
performed;
9. State the injuries which plaintiff alleges he/she/ they sustained as a result of the
alleged negligence and/or medical malpractice of the defendant(s).
9a. State which of the injuries listed above are claimed to be permanent.
10. If it will be claimed that the alleged injuries required hospitalization state the
name of each and every hospital with dates of confinement or outpatient treatment.
11. If it will be claimed that the alleged injuries required confinement to bed or
home state the period plaintiff was confined to bed, and period plaintiff was confined to his/her
home.
12. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
(a) physicians’ service (with the names and addresses of treating
physicians);
(b) nurses’ services (including names and address of private duty
nurse or agency);
(c) medicine (with name and address of pharmacy);
(d) hospital expenses (with the names and addresses of hospitals).
13. If loss of earnings will be claimed to have resulted from the alleged malpractice
set forth:
(a) _ the amount of lost earnings claimed;
(b) the plaintiff's gross earnings for the calendar year during which it
will be claimed plaintiff was incapacitated from work;
(c) _ the plaintiff's gross earnings for any calendar year during which it
will be claimed plaintiff was incapacitated from work;
(d) _ other income the plaintiff was receiving;
(2) name and address of employer(s) at the time plaintiff was
incapacitated;() name and present employer and occupation, if different from 13(e).
14. If it will be claimed that the plaintiff lost profits from a business or enterprise as
a result of the defendant’s negligence, state the following:
(a) name of business and address;
(b) state plaintif? s ownership capacity and interest in business;
(c) _ state amount of profits and/or revenues plaintiff claims were lost as
a result of defendant’s negligence;
(d) _ state amount of net profit recorded by business in the two years
prior to the alleged negligence.
15. If it is anticipated that further loss of earnings will be incurred in the future as a
result of the alleged malpractice set forth:
(a) anticipated future lost earnings;
(b) _ the period of time it is anticipated that future loss of earnings will
be incurred;
16. State whether or not plaintiff has been reimbursed for physician and/or hospital
expenses.
(a) If the answer is in the affirmative, state for which such claiins
plaintiff has been reimbursed, the amount of reimbursement received for
each element of special damages and the name of the person, firm or
organization who made such reimbursement.
(b) If such reimbursement was made by an insurance company, state
the number of the policy under which paid.
17. If further medical expenses are anticipated as a result of the alleged malpractice
set forth the expenses and the anticipated period of time the expenses will be incurred for the
following:
(a) physicians’ expenses;
(b) hospital expenses;(c) expenses for medicine;
(d) nursing expenses;
(e) other (specify).
State the date of birth-and present address of all plaintiffs.
Set forth the Social Security number of the plaintiff(s).
{a) in what way or capacity did plaintiff incur loss of services/time
from school due to his alleged injuries; :
(b) in what way did loss of services/time away from school affect his
grades;
(c) school(s) attended by plaintiff for 3 years prior to the date of
injuries to present; and
(d) __ length of time infant-plaintiff was out of school due to alleged
injuries.
Dated: Islandia, New York
TO:
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
SC
By:
CHRISTINE B. HICKEY
LIAA File No.: 0001-1577-0000
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21" Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NASSAU
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RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs, NOTICE FOR
DISCOVERY AND
~against- INSPECTION OF
RELATED ACTIONS
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP,
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BARER, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE, that pursuant to CPLR §3120, you are hereby directed to
produce for discovery and inspection, at the offices of LEWIS JOHS AVALLONE AVILES,
LLP., One CA Plaza, Suite 225, Islandia, New York 11749, within twenty (20) days of receipt of
“this notice, the following items:
1) Court;
2) Index Number;
3) Calendar Number;
4) Names and addresses of litigants;
5) Names and addresses of all attorneys appearing for the litigants;
6) Status of lawsuit:
a) Ifnoticed for trial, specify the date;
b) Ifsettled, annex a copy of each Release delivered indicating the
amounts contributed by each defendant;
c) If discontinued without payment, annex a copy of each Stipulation
so delivered to each defendant;
d) If tried, annex a copy of the Judgment with Notice of Entry; ande) If Judgment was satisfied, set forth date and amount of payment
and annex a copy of Satisfaction of Judgment.
PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand.
In the event any of the above items are obtained after service of this demand, they are to be
furnished to this office.
PLEASE TAKE FURTHER NOTICE, that if practical, in lieu of producing the items
demanded herein, the requested parties may submit to the undersigned, true and conformed
copies of the items demanded herein at any time prior to the aforesaid date.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produve the aforesaid
items at the time and place required in this Notice, a motion will be made for the appropriate
relief to this court.
Dated: Islandia, New York
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D., i/s/b/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
oO
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21* Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs, DEMAND FOR
- SCHOOL RECORDS
-against-
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP,
METROPOLITAN DIAGNOSTIC IMACING, P.C.,
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE, that defendant STEPHEN SHARON, M_LD., i/s/h/a STEVE
SHARON, M.D. demands that you produce, pursuant to CPLR 3120, at the offices of LEWIS
JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia, New York 11749 within
twenty days of receipt of this notice:
(1) A statement setting forth the name, address, and district number of any
school or learning institution which the plaintiff RYAN JONES attended
or in which the plaintiff was enrolled within five years prior to the
occurrence in question, and continuing to the present date; and
(2) Duly acknowledged and executed written authorizations enabling the
undersigned to obtain the records relating to the plaintiff RYAN JONES
each school or learning institution identified in item "1" above.
PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In
the event any of the above items is obtained after service hereof, it is to be immediately furnished
to this office.PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify,
state and/or provide the aforesaid items at the time and place required in this request, a motion
will be made for the appropriate relief to this Court.
Dated: Islandia, New York
TO:
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M_LD., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
©
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
By:
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21" Floor
New York, NY 10005
(212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
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RYAN JONES by his f/n/a DARELL JONES,
Index No.: 601537/12
Plaintiffs, NOTICE FOR
DISCOVERY AND
-against- INSPECTION OF
ECONOMIC/ACTUARY
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, WITNESS
METROPOLITAN DIAGNOSTIC IMACING, P.C., INFORMATION
BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D.,
MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants
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SIRS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are required to
serye upon the undersigned within thirty (30) days of receipt of this notice, the following
documents and information:
1. The name of each economist/actuary who you expect to call as an expert
witness at trial.
2. Disclose in reasonable detail the qualifications of each such expert witness.
3. Disclose in reasonable detail the substance of the facts and opinions on which
each expert economist/actuary is expected to testify, including:
(a) A description, in reasonable detail, of the substance of the losses for which
such calculations will be made:
i. Present value of net (after tax) and gross future lost earnings;
ii. Present value of future medical expenses (by item);
iii. Present value of any other future monetary sums (please identify);
(b) The undiscounted amount of such loss;
(c) The present value of such loss;(d)
(©)
#
(g)
(h)
i)
G)
(kK)
The discount rate (broken down by presumed inflation rate and presumed
rate of return specifying the investment instrument) applied by such
person to determine present value and the reason for such rates;
The number of years involved in the discounting process and the opinions
and facts on which the economist bases the determination of that number
of years;
The rate of inflation applied by such person in computing the values
indicated in Item 3(a) above;
With regard to growth of future income on an annual or other basis at a
projected rate of income greater than the income earned by the decedent
(or plaintiff) when last employed, state in reasonable detail the growth rate
for such income as estimated by such person and the opinions and facts on
which that estimate is based;
State in reasonable detail each factor other than those which have been
noted above, which the economist/actuary has used in calculating the net
amount of the present value of the loss;
With regard to information secured from any test, publication, graph,
chart, index or study upon which the expert relied in reaching his
conclusions, describe or designate such items in writing with reasonable
degree of specificity to permit its identification and location by
defendants;
The present value from projected income stream allocated to personal
consumption of decedent (or plaintiff);
The decedent’s (or plaintiff's) federal tax bracket.
4. Disclose in reasonable detail a summary of the mathematical calculations
involved in deriving the expert’s conclusion.
5. Provide a copy of the reports of the economist/actuary.
Where appropriate, true and complete copies of all the above-requested documents will
be given compliance.
PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand
and the demanding party will object at time of trial to the introduction of any testimony orevidence which flows from the existence of such documents or information which have not been.
produced.
PLEASE TAKE FURTHER NOTICE, that unless this demand is timely and fully
complied with, an appropriate application will be made seeking relief.
PLEASE TAKE FURTHER NOTICE, that any expense involved in duplicating the
materials called for in this demand will be promptly reimbursed to the answering party upon
representation of a proper bill.
Dated: Islandia, New York
TO:
November 26, 2012
Yours, etc.,
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant
STEPHEN SHARON, M.D.., i/s/h/a
STEVE SHARON, M.D.
One CA Plaza — Suite 225
Islandia, New York 11749
(631) 755-0101
pe Oe
y:
CHRISTINE B. HICKEY
LJAA File No.: 0001-1577-0000
Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21 Floor
New York, NY 10005
(212) 514-5007STATE OF NEW YORK )
) ss.
COUNTY OF SUFFOLK )
DEIRDRE M. ROONEY, being duly sworn, deposes and says:
That deponent is not a party to this action, is over 18 years.of age-and resides in West Islip, New
York.
é mm
That on theo! day of November, 2012, deponent served the within VERIFIED ANSWER,
COMBINED DEMANDS, NOTICE OF EXAMINATION BEFORE TRIAL, DEMAND
FOR NAMES AND ADDRESSES OF WITNESSES, DEMAND FOR MEDICAL
INFORMATION, REQUEST FOR EXPERT WITNESS INFORMATION, NOTICE TO
TAKE PARTY STATEMENTS, NOTICE TO PRODUCE COLLATERAL SOURCE
PURSUANT TO CPLR 4545(a), NOTICE FOR DISCOVERY AND INSPECTION,
DEMAND FOR DISCLOSURE AS TO MEDICAID, SSDI/SSI AND/OR MEDICARE
INFORMATION, DEMAND FOR A VERIFIED BILL OF PARTICULARS, NOTICE
FOR DISCOVERY AND INSPECTION OF RELATED ACTIONS, DEMAND FOR
SCHOOL RECORDS, NOTICE FOR DISCOVERY AND INSPECTION OF
ECONOMIC/ACTUARY WITNESS INFORMATION upon the attorneys below set forth
representing the parties, as indicated, at the addresses shown, said addresses being designated by
said attorneys for that purpose, by depositing a true copy of same, enclosed in a postpaid
properly addressed wrapper in an official depository under the exclusive care and custody of the
United States Post Office Department within the State of New York.
TO: Rosenbaum & Rosenbaum, P.C.
Attorneys for Plaintiffs
110 Wall Street — 21" Floor
New York, NY 10005
(212) 514-5007
\ / i
DEIRDRE M. woeney Y/
Sworn to before me this
wh day pf November, 2012
NDYSIDELLO
Notary Public, State of New York
Registration No. 02816038591
Qualified in Suffolk County
Commission Expires March 20, 2014SUPREME COURT OFlndgx Nea TE OF NEW YORK Year 20
COUNTY OF NASSAU Index No.: 601537/12
RYAN JONES by his f/n/a DARELL JONES,
Plaintiff,
-against-
ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC
IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J.
DECKER, M.D., and LOWELL B. BAREK, M.D.,
Defendants.
VERIFIED ANSWER, DEMAND FOR A BILL OF PARTICULARS AND VARIOUS
DISCOVERY DEMANDS
LEWIS &JOHS
Lewis Johs Avallone Aviles, LLP
Attorneys for
Office and Post Office Address
One CA Plaza, Suite 225 ¢ Islandia, NY 11749
631.755.0101 « Fax 631.755.0177
FILE #.
CERTIFICATION PURSUANT TO 22 N.Y.C.RR, § 130-1.a
‘The undersigned hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1-1a, the contentions contained in the annexed
document(s) is not frivolous nor frivolously presented
is hereby admitted.
Service of a copy of the within
Dated,
Attomney(s) for
Sir: Please take notice
() NOTICE OF ENTRY
that the within is a (certified) true copy of a
duly entered in the office of the clerk of the within named court on 20
(7 NOTICE OF SETTLEMENT,
that an order of which the within is a true copy will be presented for
settlement to the HON. one of the judges
of the within named c
Preview
(FILED: NASSAU COUNTY CLERK 1270372012 INDEX NO. 601537/2012 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/03/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RYAN JONES by his ff/aDARELLJONES, * Index No.: 601537/12 Plaintiffs, -against- VERIFIED ANSWER ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants en en nnn nent nnnnnnnnnn nnn The defendant, STEPHEN SHARON, MLD., i/s/h/a STEVE SHARON, M.D., by his attorneys, LEWIS JOHS AVALLONE AVILES, LLP, answering the Verified Complaint of the plaintiff herein, upon information and belief, alleges as follows: 1. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs numbered “1,” “2,” “3, “4” and “5” of the plaintiff's Verified Complaint. 2. Defendant admits the truth of those allegations contained in paragraph number “6" of plaintiff's Verified Complaint. 3. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each. and every allegation contained in paragraphs numbered “7,” “8,” “9,” “15” and “16” of the plaintiff's Verified Complaint. PLEASE NOTE: COMPLAINT MISSING PARAGRAPHS #10-14.4. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraph number “17” of the plaintiff's Verified Complaint, in the form alleged, and respectfully refers all questions of fact to the trier of fact and all questions of law to this Honorable Court. 5. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs numbered “18,” “19” and “20” of the plaintiff's Verified Complaint. 6. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraph number “21” of the plaintiff's Verified Complaint, in the form alleged, except admits that defendant STEPHEN SHARON, MLD., i/s/h/a STEVE SHARON, M.D., was and is a physician licensed to practice medicine in the State of New York and respectfully refers all questions of fact to the trier of fact and all questions of law to this Honorable Court. 7. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs numbered “22,” “23” and “24” “of the plaintiff's Verified Complaint. 8. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraph number “25” of the plaintiff's Verified Complaint, in the form alleged, and respectfully refers all questions of fact io the trier of fact and all questions of law to this Honorable Court. 9. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs numbered “26,” “27,” “28” and “29” of the plaintiff's Verified Complaint.10. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraph number “30” of the plaintiff's Verified Complaint, in the form alleged, except admits that defendant STEPHEN SHARON, MLD., i/s/h/a STEVE SHARON, M.D., rendered certain professional services to the plaintiff and respectfully refers all questions of fact to the trier of fact and all questions of law to this Honorable Court. 11. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in, paragraphs numbered “31,” “32” and “33” of the plaintiff's Verified Complaint. 12. Defendant denies having any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs numbered “34” and “35” of the plaintiff's Verified Complaint, in the form alleged, and respectfully refers all questions of fact to the trier of fact and all questions of law to this Honorable Court. 13. Defendant denies the truth of each and every allegation contained in paragraphs numbered “36,” “37,” “38” and “39” of the plaintiff's Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 14. This answering defendant alleges, upon information and belief, that whatever injuries and/or damages were sustained by the plaintiff at the time and place alleged in the Verified Complaint were in whole or in part the result of the culpable conduct of the plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 15. The answering defendant herein denies liability; however, if a measure of damage of fifty percent or less is found against this answering defendant, then this answering defendant is entitled to the limitations of liability in CPLR Article 16.AS AND FOR A THIRD AFFIRMATIVE DEFENSE 16. If plaintiff settles, discontinues and/or ends this lawsuit and/or any other lawsuit arising out of the same incident to which the within action pertains, and/or does so in the future as against one or more of the defendants herein and/or any other alleged tortfeasor, this answering defendant asserts its right to any and all set-offs in accordance with General Obligations Law Section 15-108. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 17. Upon information and belief, any part or future costs and/or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in section 4545(a) of the CPLR. If any damages are recoverable against the answering defendant, the amount of such. damages shal! be diminished by the amount of the funds which plaintiff has received or shall receive from such collateral source. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 18. That the rights of action and/or the causes of action as set forth in the plaintiff's Complaint as against this answering defendant are barred by the applicable statutes of limitations.WHEREFORE, defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D., demands judgment dismissing the plaintiff's Verified Complaint, together with the costs and disbursements of this action. Dated: Islandia, New York TO: November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M_D., i/s/h/a STEVE SHARON, M.D. One CA Plaza - Suite 225 Islandia, New York 11749 (631) 755-0101 By: CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street - 21* Floor New York, NY 10005 (212) 514-5007Attorney Verification CHRISTINE B. HICKEY, an attorney admitted to practice in the Courts of the State of New York, affirms that the following statements are true under penalties of perjury: Affirmant is a member of the law firm of LEWIS JOHS AVALLONE AVILES, LLP attorneys of record for the defendant, STEPHEN SHARON, MLD., i/s/b/a STEVE SHARON, MLD. in the within action. Affirmant has read the foregoing Answer, knows the contents thereof, and that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged upon information and belief, and that those matters affirmant believes to be true. This verification is made by affirmant and not by the defendant because defendant does not reside in the County wherein your affirmant maintains an office. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: Verbal information from defendants, office records, and affirmant's general investigation into the facts of this case. Dated: Islandia, New York November 26, 2012 WE CHRISTINE B. HICKEYSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RYAN JONES by his fifa DARELL JONES, * Index No.: 601537/12 Plaintiffs, -against- , COMBINED DEMANDS ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M_D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M_D., Defendants ee nem eneeenn ne eneeeenneeeeeee en ene nnn e een nnnunnnnnnnnnnnnnnnenunnnnanenne xX SIRS: PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules, the defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D., hereby demands that you furnish the undersigned attorney for the aforesaid defendant within twenty (20) days of service of this Notice: 1. STATEMENTS: Copies of all written or verbal statements, whether signed or otherwise, including but not limited to audio and/or video tape recordings of the defendants, the agents, servants or employees of the defendants, or a notice or letter stating that you have no such statements. 2. REPORTS AND AUTHORIZATIONS: Copies of all existing and future reports of all physicians who have treated or examined the plaintiff in connection with the injuries for which recovery is sought (see Honig v. Westphal 52 N.Y.2d 605 (1981); duly executed andacknowledged authorizations permitting the defendant(s) to obtain and copy all hospital records, x-ray reports, physicians' records, radiological films and all other records referred to in any physicians! report. 3. PHOTOGRAPHS. The defendant demands copies of all photographs, videotapes, drawings, of the plaintiffs injuries which plaintiff intends to show to the jury. FAILURE TO PRODUCE THESE EXHIBITS WILL RESULT IN A PRECLUSION MOTION AT. THE TIME OF TRIAL. 4. Pursuant to CPLR 4545, the undersigned demands that you forward to this office, copies of all insurance documents including insurance policies, employment benefits books and memoranda in your possession or in the possession of your clients concerning the costs of medical care, custodial care, or rehabilitation services, loss of earnings or other economic loss which was replaced or indemnified, in whole or in part, from any collateral source such as insurance, Social Security (except those benefits provided under Title XVIM of the Social Security Act), Workers Compensation or employee benefit programs, except such collateral sources entitled by law to liens against recovery of the plaintiff.UPON YOUR FAILURE TO COMPLY, the defendant shall rely on all sanctions provided by law and/or a Motion shall be made to the above Court for an Order directing compliance plus costs of this Motion. Dated: Islandia, New York TO: November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M_D., i/s/b/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 By: CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21 Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU oe teen nnn ete nee nnenennn enna nen nnnnnnnnennnnnnnnnnnnnnennnn K, RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, -against- NOTICE OF EXAMINATION ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, BEFORE TRIAL METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants eee nnn ee een nent K SIRS: PLEASE TAKE NOTICE that, pursuant to sections 3101 and 3107 of the Civil Practice Law and Rules, the defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D. will cause to be taken testimony of the plaintiff, whose address is 7 Ontario Road, West Hempstead, NY 11532, its agents, servants or employees of said parties having knowledge of the subject matter concerning all of the relevant facts and circumstances in connection with the issues alleged in plaintiff's complaint, including negligence, contributory negligence, liability and damages, and said persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. PLEASE TAKE FURTHER NOTICE that such examination and deposition will be taken at Lewis Johs Avallone Aviles, LLP, on the 27th day of December, 2012, at 10 o'clock in the forenoon of that day, or at such time and place to which the parties or their attorneys may stipulate.Dated: Islandia, New York November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 5 By: CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street —21* Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ween nnn eee nee nnn nnmnnnnennmmnnnenen nnn RYAN JONES by his ffn/a DARELL JONES, Index No.: 601537/12 Plaintiffs, DEMAND FOR NAMES -against- AND ADDRESSES OF WITNESSES ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J, DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants nner nnnnnnnnnnnnnnnnminiamma SIRS: PLEASE TAKE NOTICE, that each defendant we represent in this action demands that you set forth in writing, under oath, and serve upon us within ten (10) days of this date: 1. The names and addresses of each person known or claimed by you or any party you represent in this action to be witnesses to: (a) The occurrence alleged in the complaint in this action; or, (b) Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the complaint; or, (c) Any actual notice allegedly given to defendant herein of any condition which allegedly caused the occurrence alleged in the complaint; or(d) The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the trial of this action to preclude the testimony of any witness to the above-described facts and circumstances who is not identified by you in response to this notice. Dated: Islandia, New York TO: November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M_LD., i/s/h/a STEVE SHARON, M.D. One CA Plaza— Suite 225 Islandia, New York 11749 (631) 755-0101 C— CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21" Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU meen een nnn nnn RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, -against- DEMAND FOR MEDICAL ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INFORMATION METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M_D., and LOWELL B. BAREK, M.D., Defendants en en nnn nnn nen nnn SIRS: PLEASE TAKE NOTICE that pursuant to the applicable Rules you are required to serve within twenty (20) days after receipt of this demand the following: 1. The names and addresses of all physicians or other health-care providers of every description who have consulted, examined or treated the plaintiffs for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint, including the date of such treatment or examination. 2. Duly executed and acknowledged written authorizations directed to any hospital, clinic or other health-care facility in which the injured plaintiffs herein were treated at or confined to due to the occurrence set forth in the complaint so as to permit the securing of a copy of the entire hospital record or records including x-rays and technicians' reports. 3. Duly executed and acknowledged written authorizations to allow defendant to obtain the complete office medical records relating to plaintiff, of each health-care provider identified in item "1." above. 4. Copies of all medical reports received from health-care providers identified in item "1." above. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-rays and technicians' reports which will be offered.5. Duly executed and acknowledged written authorizations to allow defendant to obtain complete pharmacy or drug store records with respect to any drugs prescribed for plaintiff from five (5) years prior to the occurrence described in the complaint to the present. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to this office. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply herewith, the plaintiffs herein will be precluded at the trial of this action from offering any evidence of the conditions described in the reports or records demanded or offering in evidence any part of the hospital records, medical records, x-ray reports or reports of other technicians not made available pursuant to this Rule, nor will the Court hear the testimony of any physicians whose medical reports have not been served pursuant to the aforesaid demand. Dated: Islandia, New York November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M_D., i/s/b/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 i IRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21“ Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU wemennn eee nen ceee eee n eee ene een nnnnnnnnemnnnnnanmncenennnnnnnnnennnn RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, - -against- REQUEST FOR EXPERT WITNESS ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INFORMATION METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M_D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants ene nee ne eee neni antunnnnnnnnnnnnnnnnnnnnnnnmnmnnn Xe SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and Jasopersaud v. Rho, 572 N.Y.S.2d 700 (2nd Dept. 1991) defendant demands that you furnish to the undersigned within twenty (20) days the following disclosure: For each and every person the plaintiff(s) expect to call as an expert at trial, please disclose in reasonable detail the qualifications of each such expert, including the following: la. Where did the expert attend medical school and when did he/she graduate? 1b. Did the expert attend internship, residency and/or fellowship programs? If so, where and when? Jc. Does the expert specialize in any areas of medicine? If so, please specify. 1d. Is the expert Board Certified in any areas of medicine? If so, please specify. le. Is the expert licensed to practice medicine in the United States? If'so, where and when was he/she licensed?2. Disclose in reasonable detail the subject matter on which each expert is expected to testify. 3. Disclose in reasonable detail the substance of the facts and opinions on which each expert is expected to testify. 4, Disclose in reasonable detail a summary of the grounds for each expert’s opinion. PLEASE TAKE NOTICE, that this is a continuing demand and that your failure to provide this information will result in a motion at trial to preclude any expert witness testify. The certification of this action does not waive defendant’s right to obtain this information. Dated: Islandia, New York November 26, 2012 ‘Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 ee CHRISTINE B. HICKEY LIAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21 Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NASSAU eee eee nn nnn nnn ener, RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, -against- NOTICE TO TAKE PARTY STATEMENTS ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J, DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants ence XK PLEASE TAKE NOTICE, that the answering defendant represented by the undersigned demands that you produce, pursuant to CPLR 3101(e) and 3120, at the offices of LEWIS JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia, New York 11749 within twenty (20) days of receipt of this notice: 1. Any statement, signed or unsigned, audio or videotape, or copy of any recorded statement or document issued by or secured from any party represented by the undersigned in this action, or from any agent, servant, or employee of any defendant represented by this office. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items are obtained after service hereof, they are to be immediately furnished to this office.PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and/or provide the aforesaid items at the time and place required in this request, a motion will be made for the appropriate relief to this Court. Dated: Islandia, New York November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 By. CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wali Street —21* Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU meee eee nec e neem nnn nee enn annnmnnnnnnnnnmnnennnmennnn RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, -against- NOTICE TO PRODUCE COLLATERAL SOURCE ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, PURSUANT TO METROPOLITAN DIAGNOSTIC IMACING, P.C., CPLR 4545 (a) BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BARER, M.D., Defendants ene ee ener SIRS: PLEASE TAKE NOTICE that if any claim is made by plaintiffs to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, defendants demand that plaintiff produce the following within twenty days from receipt of this notice: (1) Identify any collateral source that reimbursed, replaced or indemnified or will reimburse, replace or indemnify in whole or in part the cost of the items set forth above; (2) Furnish copies of any contracts, agreements or policies or other documents which provide for reimbursement, replacement or indemnification in whole or in part for the costs of the items set forth above by a collateral source; and (3) Furnish authorizations directing the release of all records pertaining to the reimbursement, replacement or indemnification of the costs of the items set forth above by collateral sources.PLEASE TAKE FURTHER NOTICE that the within is a continuing request. In the event any of the above items is obtained after service hereof, it is to be immediately furnished to this office. PLEASE TAKE FURTHER NOTICE that upon your failure to produce, identify, state and/or provide the aforesaid items at the time and place required in this request, a motion will be made for the appropriate relief to this Court. Dated: Islandia, New York November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M_D., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 ert ve CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21" Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU nnn nee nnnnennnnnnnnnncennnn K RYAN JONES by his ffn/a DARELL JONES, Index No.: 601537/12 Plaintiffs, -against- NOTICE FOR DISCOVERY AND ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INSPECTION METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants eee nn etn nnn nen nnannnnnnnnnnnnimm SIRS: PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, the attorneys for the plaintiff(s) are required to provide the following within twenty (20) days: 1. any original diagnostic films taken from the defendant now in possession of plaintiff or plaintiffs’ attorneys; 2. diary or journal in possession of plaintiff or plaintiff's attorneys prepared by plaintiff prior to retention of counsel memorializing the events which gave rise to this action; 3. Copies of the records of any of the defendants in this case obtained by plaintiff or plaintiff's counsel prior to the institution of this lawsuit. That such production and discovery will be made at the office of the undersigned, Lewis Johs Avallone Aviles, LLP, One CA Plaza, Suite 225, Islandia, New York, on the 20th day of December, 2012 at 10 o'clock in the forenoon of that day. This notice may otherwise be complied with by the service of duplicates of the demanded items upon the offices of the undersigned.PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information, a motion will be made for the appropriate relief to the Court. PLEASE TAKE FURTHER NOTICE, that a written communication enclosing the requested information may be sent prior to the above-mentioned time in lieu of a personal appearance on the above date. Dated: Islandia, New York November 26, 2012 Yours, ete., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 By: CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21° Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU aaeeee penne nee X RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, DEMAND FOR DISCLOSURE AS TO -against- MEDICAID, SSDI/SSI AND/OR MEDICARE ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, INFORMATION METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants ee nnn ne nnn nen nauinnnnnnnnnnnnnennne xX COUNSELORS: PLEASE TAKE NOTICE, that pursuant to the requirements of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395y(bX7) and (b)(8)), defendant, STEPHEN SHARON, MLD., i/s/h’a STEVE SHARON, M.D., demand that plaintiff provide the following information within twenty (20) days of the date hereof: a) The plaintiff's date of birth and gender; b) The plaintiff's social security number; c) Whether plaintiff has applied for or is receiving Medicare or Medicaid benefits and the address of the office handling the plaintiff's Medicare or Medicaid file; d) Whether plaintiff has applied for or is receiving SSI or SSDI benefits in connection with any accident or illness which is the subject of this litigation, and include the address of the office handling the plaintiffs Medicare and/or Medicaid file; e) Whether plaintiff has been diagnosed with or is’ being treated for end-stage renal failure attributable or related to any accident or illness which is the subject of this litigation;2) h) dD k) !) Whether any application for said Medicare, Medicaid, SSI and/or SSDI benefits has been denied; Whether plaintiff has appealed or intends to appeal from any denial of said Medicare, Medicaid, SSI or SSDI benefits. The identification number or beneficiary number (HICN) issued to the plaintiff for Medicare or other federal governmental benefits. State whether Medicare and/or Medicaid has a lien and if so, state the amount. Provide copies of documents, records, memoranda, notes, etc. in plaintiffs possession pertaining to receipt of Medicare, Social Security Disability and/or Medicaid benefits, including copies of all documents provided to or received from Medicare, Social Security Disability and/or Medicaid administrators. Provide copies of any claim summary documents from CMS, Medicare and/or Medicaid. If plaintiff has not received Medicare, Social Security Disability and/or Medicaid benefits in the past or is not receiving Medicare, Social Security Disability and/or Medicaid benefits now, state whether plaintiff is eligible to receive said benefits. If plaintiff was receiving Medicare, Social Sccurity Disability and/or Medicaid benefits and is now deceased, please provide the following: 1. Relationship of the administrator of the estate to the decedent; 2. Name and address of administrator; 3. Telephone number and address of administrator; 4. Social Security number of Administrator; 5. An authorization to examine and copy deceased’s Medicare, Social Security Disability and/or Medicaid records.PLEASE TAKE FURTHER NOTICE that defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D., demands that plaintiff furnish the following within twenty (20) days of the date hereof: HIPAA compliant authorizations bearing the date of birth and Social Security or HICN number permitting the undersigned to obtain copies of all.documents contained in the files and records of the United States Department of Health and Human Services, or any attorney or agent acting on behalf of plaintiff relating, to plaintiff's application for and receipt oft Medicare or Medicare benefits, and/or Supplemental Security Income (SST) or Social Security Disability Income (SSDI) benefits, including documents relating to the denial of any of said benefits and any appeal taken from the denial of any of said benefits. Ali authorizations should contain the following statement: “This authorization will remain in effect up to the conclusion of my court case.” PLEASE TAKE FURTHER NOTICE that the foregoing are continuing demands. In the event that any of the above items are obtained or received after service of these demands, supplemental responses and/or authorizations should be furnished to the undersigned. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with the foregoing demands an application will be made to the court for appropriate relief. Dated: Islandia, New York November 26, 2012TO: Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M._D.., i/s/h/a STEVE SHARON, M.D. One GA Plaza -~ Suite 225 Islandia, New York 11749 (631) 755-0101 By CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21 Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, -against- DEMAND FORA VERIFIED BILL ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, OF PARTICULARS METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M_D., and LOWELL B. BAREK, M_D., Defendants nen nnn nee nnmnnnmamemnnnnnnnnnennnnnnnnK SIRS: PLEASE TAKE NOTICE, that pursuant to Section 3041, et seq., you are hereby required to serve upon LEWIS JOHS AVALLONE AVILES, LLP, attorneys for the defendant, STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D., within thirty (30) days after service of a copy of this Demand, a Verified Bill of Particulars of the Complaint setting forth in detail the following: 1. The dates and times of the day of the alleged negligent acts and/or omissions which will be alleged against the defendant(s) herein. 2. The location of the alleged negligent acts and/or omissions charged against the defendant(s) herein. 3. A statement of each and every act of negligence, commission or omission which you will claim as the basis of the alleged malpractice of the defendant(s) herein. 4. State the names of each and every person who performed such acts or failed to act; if the names are not known, describe the physical appearance with sufficient clarity for readyidentification and state the occupation of each such person. 5. State whether or not any claim is made as to improper or defective equipment and if so identify the equipment and state the defective conditions. 6. Give statement of the accepted medical practices, customs and medical standards which it is claimed were violated/ departed from by the answering defendant. 7. If the plaintiff complains that the defendant(s) ignored signs, symptoms, made an erroneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs in an incorrect dosage, failed to take or administer tests or improperly took and administered tests, state: (a) the complaints, signs, symptoms that the defendant(s) ignored; (b) in what respect the diagnosis was erroneous and incorrect, what the claimed correct diagnosis is, the point in time that the plaintiff claims the defendant(s) should have made the correct diagnosis; (c) _ the improper treatment that was afforded and in what manner the said treatment was improperly performed; (@) the name of each and every contraindicated drug; (e) the name of each proper drug allegedly administered incorrectly; (f) the name of each and every test the defendant(s) failed to take or administer; (g) _ the name of each and every test the defendant(s) improperly took or administered and the manner in which each said test was improperly taken or administered. 8. If plaintiff claims that defendant(s) improperly performed a physical examination or performed a contraindicated procedure and/or unnecessary procedure, state: (a) in what manner the physical examination was improperly performed; (b) the name of the surgical procedure and the date performed;(c) in what manner the surgical procedures were improperly performed; 9. State the injuries which plaintiff alleges he/she/ they sustained as a result of the alleged negligence and/or medical malpractice of the defendant(s). 9a. State which of the injuries listed above are claimed to be permanent. 10. If it will be claimed that the alleged injuries required hospitalization state the name of each and every hospital with dates of confinement or outpatient treatment. 11. If it will be claimed that the alleged injuries required confinement to bed or home state the period plaintiff was confined to bed, and period plaintiff was confined to his/her home. 12. State separately the total amounts claimed by the plaintiff as special damages for each of the following: (a) physicians’ service (with the names and addresses of treating physicians); (b) nurses’ services (including names and address of private duty nurse or agency); (c) medicine (with name and address of pharmacy); (d) hospital expenses (with the names and addresses of hospitals). 13. If loss of earnings will be claimed to have resulted from the alleged malpractice set forth: (a) _ the amount of lost earnings claimed; (b) the plaintiff's gross earnings for the calendar year during which it will be claimed plaintiff was incapacitated from work; (c) _ the plaintiff's gross earnings for any calendar year during which it will be claimed plaintiff was incapacitated from work; (d) _ other income the plaintiff was receiving; (2) name and address of employer(s) at the time plaintiff was incapacitated;() name and present employer and occupation, if different from 13(e). 14. If it will be claimed that the plaintiff lost profits from a business or enterprise as a result of the defendant’s negligence, state the following: (a) name of business and address; (b) state plaintif? s ownership capacity and interest in business; (c) _ state amount of profits and/or revenues plaintiff claims were lost as a result of defendant’s negligence; (d) _ state amount of net profit recorded by business in the two years prior to the alleged negligence. 15. If it is anticipated that further loss of earnings will be incurred in the future as a result of the alleged malpractice set forth: (a) anticipated future lost earnings; (b) _ the period of time it is anticipated that future loss of earnings will be incurred; 16. State whether or not plaintiff has been reimbursed for physician and/or hospital expenses. (a) If the answer is in the affirmative, state for which such claiins plaintiff has been reimbursed, the amount of reimbursement received for each element of special damages and the name of the person, firm or organization who made such reimbursement. (b) If such reimbursement was made by an insurance company, state the number of the policy under which paid. 17. If further medical expenses are anticipated as a result of the alleged malpractice set forth the expenses and the anticipated period of time the expenses will be incurred for the following: (a) physicians’ expenses; (b) hospital expenses;(c) expenses for medicine; (d) nursing expenses; (e) other (specify). State the date of birth-and present address of all plaintiffs. Set forth the Social Security number of the plaintiff(s). {a) in what way or capacity did plaintiff incur loss of services/time from school due to his alleged injuries; : (b) in what way did loss of services/time away from school affect his grades; (c) school(s) attended by plaintiff for 3 years prior to the date of injuries to present; and (d) __ length of time infant-plaintiff was out of school due to alleged injuries. Dated: Islandia, New York TO: November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 SC By: CHRISTINE B. HICKEY LIAA File No.: 0001-1577-0000 Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21" Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NASSAU eee eennee eeee ener mene nnn enna nn nnnnnnnmnnnnnnnmumnnnnnnmnnnns K RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, NOTICE FOR DISCOVERY AND ~against- INSPECTION OF RELATED ACTIONS ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BARER, M.D., Defendants concen nnnneene ence eee nn ceeeeene een nnnn nena nennamennnnnnnnnnnnnnnennnnn K SIRS: PLEASE TAKE NOTICE, that pursuant to CPLR §3120, you are hereby directed to produce for discovery and inspection, at the offices of LEWIS JOHS AVALLONE AVILES, LLP., One CA Plaza, Suite 225, Islandia, New York 11749, within twenty (20) days of receipt of “this notice, the following items: 1) Court; 2) Index Number; 3) Calendar Number; 4) Names and addresses of litigants; 5) Names and addresses of all attorneys appearing for the litigants; 6) Status of lawsuit: a) Ifnoticed for trial, specify the date; b) Ifsettled, annex a copy of each Release delivered indicating the amounts contributed by each defendant; c) If discontinued without payment, annex a copy of each Stipulation so delivered to each defendant; d) If tried, annex a copy of the Judgment with Notice of Entry; ande) If Judgment was satisfied, set forth date and amount of payment and annex a copy of Satisfaction of Judgment. PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office. PLEASE TAKE FURTHER NOTICE, that if practical, in lieu of producing the items demanded herein, the requested parties may submit to the undersigned, true and conformed copies of the items demanded herein at any time prior to the aforesaid date. PLEASE TAKE FURTHER NOTICE, that upon your failure to produve the aforesaid items at the time and place required in this Notice, a motion will be made for the appropriate relief to this court. Dated: Islandia, New York November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D., i/s/b/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 oO CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21* Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, DEMAND FOR - SCHOOL RECORDS -against- ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants vec een enn ee nen neeeeen ee nee nee eennnnnnnnnne ne nentitiaamnnnmnnnenen XK SIRS: PLEASE TAKE NOTICE, that defendant STEPHEN SHARON, M_LD., i/s/h/a STEVE SHARON, M.D. demands that you produce, pursuant to CPLR 3120, at the offices of LEWIS JOHS AVALLONE AVILES, LLP, One CA Plaza, Suite 225, Islandia, New York 11749 within twenty days of receipt of this notice: (1) A statement setting forth the name, address, and district number of any school or learning institution which the plaintiff RYAN JONES attended or in which the plaintiff was enrolled within five years prior to the occurrence in question, and continuing to the present date; and (2) Duly acknowledged and executed written authorizations enabling the undersigned to obtain the records relating to the plaintiff RYAN JONES each school or learning institution identified in item "1" above. PLEASE TAKE FURTHER NOTICE, that the within is a continuing request. In the event any of the above items is obtained after service hereof, it is to be immediately furnished to this office.PLEASE TAKE FURTHER NOTICE, that upon your failure to produce, identify, state and/or provide the aforesaid items at the time and place required in this request, a motion will be made for the appropriate relief to this Court. Dated: Islandia, New York TO: November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M_LD., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 © CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 By: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21" Floor New York, NY 10005 (212) 514-5007SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU eee een nee nnn nee neem nnnennnnnennennnnennnK RYAN JONES by his f/n/a DARELL JONES, Index No.: 601537/12 Plaintiffs, NOTICE FOR DISCOVERY AND -against- INSPECTION OF ECONOMIC/ACTUARY ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, WITNESS METROPOLITAN DIAGNOSTIC IMACING, P.C., INFORMATION BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants penne nee ne nn nnn nn nnn ennee tenn nnenennmnnnnnenennennen SIRS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are required to serye upon the undersigned within thirty (30) days of receipt of this notice, the following documents and information: 1. The name of each economist/actuary who you expect to call as an expert witness at trial. 2. Disclose in reasonable detail the qualifications of each such expert witness. 3. Disclose in reasonable detail the substance of the facts and opinions on which each expert economist/actuary is expected to testify, including: (a) A description, in reasonable detail, of the substance of the losses for which such calculations will be made: i. Present value of net (after tax) and gross future lost earnings; ii. Present value of future medical expenses (by item); iii. Present value of any other future monetary sums (please identify); (b) The undiscounted amount of such loss; (c) The present value of such loss;(d) (©) # (g) (h) i) G) (kK) The discount rate (broken down by presumed inflation rate and presumed rate of return specifying the investment instrument) applied by such person to determine present value and the reason for such rates; The number of years involved in the discounting process and the opinions and facts on which the economist bases the determination of that number of years; The rate of inflation applied by such person in computing the values indicated in Item 3(a) above; With regard to growth of future income on an annual or other basis at a projected rate of income greater than the income earned by the decedent (or plaintiff) when last employed, state in reasonable detail the growth rate for such income as estimated by such person and the opinions and facts on which that estimate is based; State in reasonable detail each factor other than those which have been noted above, which the economist/actuary has used in calculating the net amount of the present value of the loss; With regard to information secured from any test, publication, graph, chart, index or study upon which the expert relied in reaching his conclusions, describe or designate such items in writing with reasonable degree of specificity to permit its identification and location by defendants; The present value from projected income stream allocated to personal consumption of decedent (or plaintiff); The decedent’s (or plaintiff's) federal tax bracket. 4. Disclose in reasonable detail a summary of the mathematical calculations involved in deriving the expert’s conclusion. 5. Provide a copy of the reports of the economist/actuary. Where appropriate, true and complete copies of all the above-requested documents will be given compliance. PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand and the demanding party will object at time of trial to the introduction of any testimony orevidence which flows from the existence of such documents or information which have not been. produced. PLEASE TAKE FURTHER NOTICE, that unless this demand is timely and fully complied with, an appropriate application will be made seeking relief. PLEASE TAKE FURTHER NOTICE, that any expense involved in duplicating the materials called for in this demand will be promptly reimbursed to the answering party upon representation of a proper bill. Dated: Islandia, New York TO: November 26, 2012 Yours, etc., LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant STEPHEN SHARON, M.D.., i/s/h/a STEVE SHARON, M.D. One CA Plaza — Suite 225 Islandia, New York 11749 (631) 755-0101 pe Oe y: CHRISTINE B. HICKEY LJAA File No.: 0001-1577-0000 Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21 Floor New York, NY 10005 (212) 514-5007STATE OF NEW YORK ) ) ss. COUNTY OF SUFFOLK ) DEIRDRE M. ROONEY, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years.of age-and resides in West Islip, New York. é mm That on theo! day of November, 2012, deponent served the within VERIFIED ANSWER, COMBINED DEMANDS, NOTICE OF EXAMINATION BEFORE TRIAL, DEMAND FOR NAMES AND ADDRESSES OF WITNESSES, DEMAND FOR MEDICAL INFORMATION, REQUEST FOR EXPERT WITNESS INFORMATION, NOTICE TO TAKE PARTY STATEMENTS, NOTICE TO PRODUCE COLLATERAL SOURCE PURSUANT TO CPLR 4545(a), NOTICE FOR DISCOVERY AND INSPECTION, DEMAND FOR DISCLOSURE AS TO MEDICAID, SSDI/SSI AND/OR MEDICARE INFORMATION, DEMAND FOR A VERIFIED BILL OF PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION OF RELATED ACTIONS, DEMAND FOR SCHOOL RECORDS, NOTICE FOR DISCOVERY AND INSPECTION OF ECONOMIC/ACTUARY WITNESS INFORMATION upon the attorneys below set forth representing the parties, as indicated, at the addresses shown, said addresses being designated by said attorneys for that purpose, by depositing a true copy of same, enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York. TO: Rosenbaum & Rosenbaum, P.C. Attorneys for Plaintiffs 110 Wall Street — 21" Floor New York, NY 10005 (212) 514-5007 \ / i DEIRDRE M. woeney Y/ Sworn to before me this wh day pf November, 2012 NDYSIDELLO Notary Public, State of New York Registration No. 02816038591 Qualified in Suffolk County Commission Expires March 20, 2014SUPREME COURT OFlndgx Nea TE OF NEW YORK Year 20 COUNTY OF NASSAU Index No.: 601537/12 RYAN JONES by his f/n/a DARELL JONES, Plaintiff, -against- ORLIN & COHEN ORTHOPEDIC ASSOCIATES, LLP, METROPOLITAN DIAGNOSTIC IMACING, P.C., BRADLEY DEAN GERBER, M.D., STEVE SHARON, M.D., MARK J. DECKER, M.D., and LOWELL B. BAREK, M.D., Defendants. VERIFIED ANSWER, DEMAND FOR A BILL OF PARTICULARS AND VARIOUS DISCOVERY DEMANDS LEWIS &JOHS Lewis Johs Avallone Aviles, LLP Attorneys for Office and Post Office Address One CA Plaza, Suite 225 ¢ Islandia, NY 11749 631.755.0101 « Fax 631.755.0177 FILE #. CERTIFICATION PURSUANT TO 22 N.Y.C.RR, § 130-1.a ‘The undersigned hereby certifies that, pursuant to 22 N.Y.C.R.R. § 130-1-1a, the contentions contained in the annexed document(s) is not frivolous nor frivolously presented is hereby admitted. Service of a copy of the within Dated, Attomney(s) for Sir: Please take notice () NOTICE OF ENTRY that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on 20 (7 NOTICE OF SETTLEMENT, that an order of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named c