Motion to Amend in Norita Castro v. Rocco Veraldi, Nicholas Veraldi| Trellis.Law

Track Case Changes

Download Document Print Document

On January 31, 2020 a Answer was filed involving a dispute between Norita Castro, and Nicholas Veraldi, Rocco Veraldi, for Torts - Motor Vehicle in the District Court of Suffolk County.

Preview
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------
NORITA CASTRO,
Index No: 601935/2020
Plaintiff,
VERIFIED ANSWER
-against- TO VERIFIED COMPLAINT

ROCCO VERALDI and NICHOLAS VERALDI,

Defendants.
----------------------------------------------------------------------x
The Defendants ROCCO VERALDI NICHOLAS VERALDI, (also referred to herein as

“these answering defendants”), by her attorneys, McMAHON, MARTINE & GALLAGHER, LLP,

as and for her Verified Answer to the Plaintiff’s Verified Complaint, respectfully alleges as follows

upon information and belief:

ANSWERING THE FIRST CAUSE OF ACTION

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “1”.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “2”.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “3”.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “4”, leaving all questions of law and ultimate fact to the trial of

this action.

Admits each and every allegation contained in paragraph “5”.

1 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “6”, leaving all questions of law and ultimate fact to the trial of

this action..

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “7”, leaving all questions of law and ultimate fact to the trial of

this action.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “8”, leaving all questions of law and ultimate fact to the trial of

this action.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “9”.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “10”.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “11, leaving all questions of law and ultimate fact to the trial of

this action.

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “12”, leaving all questions of law and ultimate fact to the trial of

this action.

Denies each and every allegation contained in paragraph: “13”.

Denies each and every allegation contained in paragraph: “14”.

2 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

Denies knowledge or information thereof sufficient to form a belief as to each and every

allegation contained in paragraph: “15”, leaving all questions of law and ultimate fact to the trial of

this action.

Denies each and every allegation contained in paragraph: “16”.

Denies each and every allegation contained in paragraph: “17”.

Denies each and every allegation contained in paragraph: “18”.

AS AND FOR A FIRST AFFIRMATIVE DEFENSE:

Upon information and belief, these answering defendants was faced with a sudden

condition which could not have been reasonably anticipated, and which these answering

defendants did not cause or contribute to by her own negligence, and the answering Defendant’s

conduct in response to the emergency was that of a reasonably prudent person.

AS AND FOR A SECOND AFFIRMATIVE DEFENSE:

That the Plaintiff was guilty of culpable conduct, including contributory negligence and

assumption of the risk, which said conduct bars Plaintiff’s right of recovery or diminishes

Plaintiff’s right of recovery in proportion to which the said culpable conduct, negligence and/or

assumption of the risk attributable to Plaintiff bears to the cause of the damages, if any, or the

occurrence complained of by the Plaintiff.

AS AND FOR A THIRD AFFIRMATIVE DEFENSE:

That the Plaintiff’s injuries were caused in whole or in part by the culpable conduct

attributable to third parties, and the amount of damages otherwise recoverable shall be

diminished in the proportion to which the culpable conduct attributable to third parties bears to

the cause of the damages, if any, of the occurrence complained of by Plaintiff, pursuant to CPLR

1601.

3 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:

That allegations set forth in the Complaint are governed by Article 50 of the Civil

Practice Law and Rules.

AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:

That Plaintiff did not suffer any serious injury as defined by Section§5102 of the

Insurance Law of the State of New York nor has the Plaintiff sustained any economic loss or

non-economic loss greater than the basic economic loss as defined in Sections §5102 and 5104

of the Insurance Law of the State of New York.

AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:

In the event that any person or entity liable or claimed to be liable for the injury alleged

in this action has been given or may hereafter be given a release or covenant not to sue, these

answering defendants is or will be entitled to protection under General Obligations Law § 15-108

and the corresponding reduction of any damages which may be determined to be due against

these answering defendants.

AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:

Plaintiff’s Complaint is barred in whole or in part by applicable Statute of Limitations.

AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE:

That Plaintiff failed to use or misused seat belts, and such failure contributed to and/or

exacerbated Plaintiff’ alleged injuries.

AS AND FOR A NINTH AFFIRMATIVE DEFENSE:

Plaintiff failed to mitigate her damages.

WHEREFORE, the Defendants ROCCO VERALDI NICHOLAS VERALDI demand

judgment dismissing the Plaintiff’s Complaint, and further demand apportionment of

4 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

responsibility for the alleged occurrence as found by the Court or jury; together with the costs,

disbursements, legal and investigation fees incurred in the defense of this action.

Dated: Brooklyn, New York
May 5, 2020 Yours, etc.

McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants ROCCO VERALDI
NICHOLAS VERALDI
55 Washington Street, 7th Floor
Brooklyn, New York 11201
TO: SEE ATTACHED RIDER (212) 747-1230
Our File No.: 799.3183

5 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

STATE OF NEW YORK ) ATTORNEY’S VERIFICATION
)ss.:
COUNTY OF KINGS )

I, the undersigned, an attorney admitted to practice in the Courts of the State of New

York, state that I am an associate of the law firm of McMAHON, MARTINE & GALLAGHER,

LLP, the attorneys for Defendants, ROCCO VERALDI NICHOLAS VERALDI, in the above-

entitled action.

I have read the foregoing VERIFIED ANSWER TO VERIFIED COMPLAINT and know

the contents thereof; it is true to my knowledge, except as to the matters therein stated to be

alleged upon information and belief, and as to those matters, I believe it to be true. The source of

my information and the grounds of my belief are statements, letters, and reports examined by me

relative to the matters referred to in the annexed VERIFIED ANSWER TO VERIFIED

COMPLAINT.

The reason this verification is made by me instead of by defendant is that I am in

possession of the material information on which this action is based.

I affirm that the above is true under the penalties of perjury, pursuant to Rule 2106 of the

Civil Practice Law and Rules.

Dated: Brooklyn, New York
May 5, 2020

Mikhail Pinkusovich
MIKHAIL PINKUSOVICH

6 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------x
NORITA CASTRO,
Index No: 601935/2020
Plaintiff,
DEMAND FOR A
-against- VERIFIED BILL OF
PARTICULARS
ROCCO VERALDI and NICHOLAS VERALDI,

Defendants.
----------------------------------------------------------------------x
TO: PLAINTIFF

PLEASE TAKE NOTICE, that McMAHON, MARTINE & GALLAGHER, LLP, the

attorneys for these answering defendants, ROCCO VERALDI NICHOLAS VERALDI demands

that Plaintiff serve on the undersigned, within twenty (20) days from the date of service hereof, a

Verified Bill of Particulars with respect to the following matters:

1. State (a) the Plaintiff’ date and place of birth, (b) present address, (c) the

address of the Plaintiff at the time of the occurrence, and (d) the social security number of each

plaintiff.

2. State the exact date and approximate time of day of the occurrence.

3. Describe the location of the accident in sufficient detail to permit definite

identification; including the exact intersection, nearest pole, nearest landmark, intersecting street,

etc.

4. State how it is claimed the accident occurred giving the direction in which each

vehicle was traveling.

5. State where the Plaintiff was seated in the motor vehicle at the time of the

alleged accident (i.e. driver seat, front passenger seat, rear passenger seat, etc.).

7 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

6. State whether there were any traffic controls existing at the location of the

accident and the type thereof, and if so, state whether it will be claimed that Defendants violated

said traffic control(s).

7. State on which part of the Defendant’s motor vehicle and what part of the

Plaintiff’s motor vehicle came into contact.

8. State the acts, or omissions, constituting the negligence claimed.

9. If any violation of any rule, law, customs, regulation, ordinance or statute is

claimed, identify and specify the provisions of same.

10. Set forth the nature and extent of the injuries claimed to have been sustained.

11. Describe the injuries claimed to be permanent nature in detail.

12. Set forth in what respect has each plaintiff sustained serious injury as defined in

Subdivision IV of Section 67 of the Insurance Law of the State of New York or economic loss

greater than basic economic loss as defined in Section 671.1 of the Insurance Law of the State of

New York.

13. Set forth the length of time it will be claimed Plaintiff were confined

(a) to bed, (b) to house, and (c) set forth the dates of each hospitalization confinement, and

identify the hospitals to which confined.

14. State the name of each and every hospital, clinic, or institution where any

treatment or examination was rendered and length of time, if any, confined there. If not confined

to any hospital, etc., so state.

15. If it is claimed the Plaintiff were treated by a physician other than one at the

hospital and/or clinic, give the name of said physician and his address. Accurately state the

number of visits it is claimed the Plaintiff made to each of the physicians, if any, specified above

8 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

16. State (a) the usual business or occupation of the Plaintiff, and (b) Plaintiff’s salary

or income, if any, per day, week, or month.

17. Set forth the name and address of the employer of each plaintiff; or, if self

employed, so state indicating the name under which the Plaintiff is doing business and the

address thereof.

18. Set forth the length of time, if any, Plaintiff was incapacitated from

employment or occupation, or if Plaintiff was a student, give the name of the school attended, the

grade in which he/she was a student and the time missed from school, if any.

19. Set forth the amount of lost earnings, or any financial loss incurred, and the

method by which the lost earnings and financial loss is computed.

20. Set forth the amounts incurred for:

A. Medical, surgical, and dental services, stating
separately the amount of each service identifying by
whom rendered.

B. Hospital services, stating separately the name
and address of each hospital and the amount of
each bill.

C. Nursing services.

D. Services for ambulance, x-rays, prescription,
drugs and prosthetics, stating separately the
amount of each bill and the service for which
it was rendered.

E. Any other item of expense or damage.

21. State in what respects and what amounts it is claimed the Plaintiff’s

spouse/parent sustained damages because of alleged loss of services, and which services it is

alleged were lost, and over what period of time.

22. If there is a claim for property damage, provide an itemized list of the

9 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

property damage claimed; including the cost of repairing each and every item.

PLEASE TAKE FURTHER NOTICE, that if the Plaintiff is without knowledge

with respect to any of the particulars demanded, Plaintiff will state such lack of knowledge under

oath in lieu thereof.

PLEASE TAKE FURTHER NOTICE, that if the above demand is not complied

within the next twenty (20) days, an application will be made to preclude the Plaintiff from

giving any evidence thereof upon the trial of this action, pursuant to the aforementioned rules.

Dated: Brooklyn, New York
May 5, 2020

Yours, etc.,

McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants ROCCO VERALDI
NICHOLAS VERALDI
55 Washington Street, 7th Floor
Brooklyn, New York 11201
(212) 747-1230
TO: SEE ATTACHED RIDER Our File No.: 799.3183

10 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

RIDER

JACOBY & MEYERS, LLP
Attorneys for Plaintiff
c/o Processing Center
1279 Route 300
P.O. Box 1111
Newburgh, NY 12551
Attn: Edward M. Steves, Esq.
Of Counsel
800-890-3090
email: efile@lawampm.com

11 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 601935/2020
NORITA CASTRO,

Plaintiff,
-against-

ROCCO VERALDI and NICHOLAS VERALDI,

Defendants.

VERIFIED ANSWER TO VERIFIED COMPLAINT WITH DEMAND FOR VERIFIED
BILL OF PARTICULARS

McMAHON, MARTINE & GALLAGHER, LLP
ATTORNEYS FOR DEFENDANTS ROCCO VERALDI NICHOLAS VERALDI
55 WASHINGTON STREET, SUITE 720
BROOKLYN, N.Y. 11201
(212) 747-1230

All Documents Contained Herein Certified Pursuant to Rule 130 By: Mikhail Pinkusovich
MIKHAIL PINKUSOVICH
STATE OF NEW YORK, COUNTY OF KINGS ss: (If more than one box check - indicate after names type of service used)

I, Debbie Denning, being sworn, say: I am not a party to the action, am over 18 years of age and reside at
55 Washington Street, Brooklyn, NY On May 5, 2020 I served the within VERIFIED ANSWER
TO VERIFIED COMPLAINT WITH DEMAND FOR VERIFIED BILL OF
PARTICULARS
by depositing a true copy thereof enclosed in a post-paid wrapper in an official Mail depository
under the exclusive care and custody of the U.S. Postal Service within New York State, addressed
to each of the following persons at the last known address set forth after each name: SEE
ATTACHED RIDER

__X By emailing same to plaintiff attorneys.

____ by transmitting the papers by electronic means through the New York State E-File System. I
received an email from the New York State E-File System indicating that the transmission was received and
delivered to all counsel in the action.

TO: SEE RIDER ATTACHED

12 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------
NORITA CASTRO,
Index No: 601935/2020
Plaintiff,

-against-

ROCCO VERALDI and NICHOLAS VERALDI,

Defendants.
----------------------------------------------------------------------x
TO: ALL PARTIES

NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION:

PLEASE TAKE NOTICE that Pursuant to Article 31 of the Civil Practice Law and Rules

the testimony, upon oral examination of Plaintiff and co-defendants as adverse parties will be

taken before a notary public who is not an attorney, or employee of an attorney, for any party or

prospective party herein and is not a person who would be disqualified to act as a juror because

of interest or because of consanguinity or affinity to any party herein, at 10 A.M. on the 5th day

of June, 2020 with respect to evidence material and necessary in the prosecution/defense of this

action:

All of the relevant facts and circumstances in connection with the accident which

occurred on the 17th day of September, 2018, including negligence, contributory negligence,

liability and damages.

That the said person to be examined is required to produce at such examination the

following: That for the purpose of refreshing their recollection, the said parties are to have and

produce upon such examination such records, books, papers, documents, correspondence copies

thereof, and other writing and papers kept by them or in their custody or control as relate to

13 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

matters in controversy in said action and to the dealings or transactions between the parties to

said action, as alleged and set forth in the Complaint in said action and answers.

Dated: Brooklyn, New York
May 5, 2020

Yours, etc.,

McMAHON, MARTINE & GALLAGHER, LLP
Attorneys for Defendants ROCCO VERALDI
NICHOLAS VERALDI
55 Washington Street, 7th Floor
Brooklyn, New York 11201
(212) 747-1230
TO: SEE ATTACHED RIDER Our File No.: 799.3183

14 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

RIDER

JACOBY & MEYERS, LLP
Attorneys for Plaintiff
c/o Processing Center
1279 Route 300
P.O. Box 1111
Newburgh, NY 12551
Attn: Edward M. Steves, Esq.
Of Counsel
800-890-3090
email: efile@lawampm.com

15 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK Index No.: 601935/2020
NORITA CASTRO,

Plaintiff,
-against-

ROCCO VERALDI and NICHOLAS VERALDI,

Defendants.

NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION

McMAHON, MARTINE & GALLAGHER, LLP
ATTORNEYS FOR DEFENDANTS ROCCO VERALDI NICHOLAS VERALDI
55 WASHINGTON STREET, SUITE 720
BROOKLYN, N.Y. 11201
(212) 747-1230

All Documents Contained Herein Certified Pursuant to Rule 130 By:Mikhail Pinkusovich
MIKHAIL PINKUSOVICH
STATE OF NEW YORK, COUNTY OF KINGS ss: (If more than one box check - indicate after names type of service used)

I, Debbie Denning, being sworn, say: I am not a party to the action, am over 18 years of age and reside at
55 Washington Street, Brooklyn, NY On May 5, 2020 I served the NOTICE TO TAKE DEPOSITION
UPON ORAL EXAMINATION

by depositing a true copy thereof enclosed in a post-paid wrapper in an official Mail depository
under the exclusive care and custody of the U.S. Postal Service within New York State, addressed
to each of the following persons at the last known address set forth after each name: SEE
ATTACHED RIDER

__X by emailing same to plaintiff attorneys.

____ by transmitting the papers by electronic means through the New York State E-File System. I
received an email from the New York State E-File System indicating that the transmission was
received and delivered to all counsel in the action.

TO: SEE RIDER ATTACHED

16 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------
TIMOTHY FOLEY, SR.
Index No: 601935/2020
Plaintiff,

-against-

ROCCO VERALDI and NICHOLAS VERALDI,

Defendants.
----------------------------------------------------------------------x
TO: ALL PARTIES

NOTICES FOR DISCOVERY AND INSPECTION, DEMANDS and
REQUESTS FOR PRODUCTION OF DOCUMENTS:

PLEASE TAKE NOTICE, that these answering defendants ROCCO VERALDI

NICHOLAS VERALDI, represented by the undersigned, demands that you respond to the

following Demands, Notices for Discovery and Inspection and Requests for Production of

Documents pursuant to the Rules of the CPLR.

PLEASE TAKE FURTHER NOTICE that the following Demands, Notices for

Discovery and Inspection and Requests for Production of Documents are continuing. In the

event that any of the items are obtained after service of the following, and your response thereto,

they are to be furnished to the undersigned forthwith. This includes your response concerning

your intention to call any expert witness up to an including the time of the commencement of the

trial of this action.

PLEASE TAKE FURTHER NOTICE that these answering defendants reserve the right

to supplement or amend the following up to and including the time of trial.

17 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

PLEASE TAKE FURTHER NOTICE that your failure to respond in a timely fashion or

to comply with the following may result in a motion to strike, compel compliance, to preclude,

and/or for the imposition or penalties pursuant to the New York Civil Practice Law and Rules

and such other and further relief as this Court deems just and proper.

PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the

discovery responses, documents, etc. responsive to the following Demands, Notices for

Discovery and Inspection and Requests for Production of Documents, the undersigned reserves

the right to object at the trial of this action to the offering of any evidence contained in said

discovery responses, documents, etc., including a motion to preclude the testimony of any such

expert, medical or otherwise, who has not been properly identified, together with his prospective

testimony as demanded above.

DEMAND FOR INSURANCE

With respect to any and all insurance in effect at the time of the occurrence complained

of under which any person carrying on an insurance business may be liable to satisfy part or all

of a judgment which may be entered in this action or to indemnify or reimburse for payments

made to satisfy the judgment.

a) All primary insurance agreements and policies of liability insurance.

b) All excess and umbrella insurance agreements and policies of liability insurance.

PLEASE TAKE FURTHER NOTICE, that any insurance document and policy produced

in response to the above demand shall be the complete document and policy, including but not

limited to, declaration sheets, riders, limitations, endorsements, amendments, cancellations, face

sheets and/or binders, etc.

18 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

PLEASE TAKE FURTHER NOTICE, that if it is claimed that no liability insurance of

any kind, type or description was in effect at the time of the occurrence complained of, then

demand is hereby made that the above-named party set forth, by Affidavit, said claim.

DEMAND FOR PHOTOGRAPHS

a) All photographs under the control of any party depicting the area whereat plaintiff’s

alleges their accident occurred.

b) All photographs depicting the plaintiff’s alleged injuries.

PLEASE TAKE FURTHER NOTICE, that in lieu of producing the original documents

and photographs as set forth in this Demand, you may comply with this Demand by forwarding

copies of all such documents and photographs (in color as per originals) to the undersigned

within the time set forth above.

DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES:

Pursuant to the applicable rules, set forth in writing, under oath, and serve upon us within

twenty (20) 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 a witness to:

(a) The occurrence alleged in the complaint in this action;

(b) Any acts, omissions, or conditions which allegedly caused the occurrence
alleged to the complaint;

(c) Any actual notice allegedly given to the Defendants answering herein of
any condition which allegedly caused the occurrence alleged in the
complaint,

(d) The nature and duration of any alleged condition which allegedly caused
the occurrence alleged in the complaint.

(e) Any witness with knowledge of your complaints, physical condition
and/or injuries that you claim were the result of the subject accident.

19 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

(f) Any witness with information concerning any medical treatment or care
that you received following the subject accident.

(g) Any witness who assisted you in any way following the accident.

(h) Any witness with any information pertinent and/or germane to the facts in
controversy of the within lawsuit, including but not limited to all
information bearing on liability and damages.

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.

DEMAND FOR MEDICAL INFORMATION AND AUTHORIZATIONS:

Pursuant to the applicable rules you are required to serve within twenty (20) days after

service of this notice, the following:

1. The names and addresses of all physicians or other healthcare
providers of every description who have consulted, examined
or treated the plaintiff(s) 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 healthcare facility in which the
injured plaintiff(s) herein was (were) treated or confined 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
the Defendant to obtain the complete office medical records
relating to plaintiff(s), of each healthcare provider identified (a)
above.

4. Copies of all medical reports received from healthcare providers
Identified in (a) above. These shall include a detailed recital of
the injuries and conditions as to which testimony will of offered
at the trial, referring to and identifying those x-rays and technicians’

20 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

reports which will be offered at the trial.

5. Duly executed and acknowledged written authorizations
to allow the Defendant to obtain complete pharmacy or
drug store records with respect to any drugs prescribed
for the plaintiff(s) from one (1) year prior to the occurrence
described in the Complaint to the present date.

6. Duly executed authorizations to obtain the records of all
plaintiff’s healthcare providers for treatment rendered;
including their full names and addresses; as well as x-rays,
MRIs, CT Scan films, Tomograms, EMG studies, EEG
Studies, Myelograms, etc.

Upon your failure to comply herewith, the plaintiff(s) 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.

DEMAND PURSUANT TO CPLR SECTIONS 3101 AND 4545 FOR COLLATERAL
SOURCE PAYMENTS INFORMATION:

Pursuant to Sections §§3101 and 4545, you are required to serve within twenty (20) days

after receipt of this notice, the following information:

1. The names, addresses and amounts received to date from all persons, firms, or
organizations which have reimbursed plaintiff(s) for the cost of medical care,
custodial care, rehabilitation services, loss of earnings or other economic loss, and
other costs, including but not limited to:

(a) Insurance;

(b) Social Security Benefits;

(c) Workers’ Compensation Benefits;

(d) Disability Benefits;

(e) Employee Benefits Program; and

(f) Any other source.

21 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

2. Where reimbursement was or is pursuant to a policy, state the name of the policy
holder, the policy number, and the name of the issuer of the policy; a list of claims
submitted pursuant to the policy, and the amount of money received pursuant to
each claim.

3. Duly executed and acknowledged written authorizations directed to all
persons, firms or organizations which have reimbursed Plaintiff for costs of
medical care, custodial care, rehabilitation services, loss of earnings or other
economic loss, or other costs or to whom such claims have been submitted to
obtain copies of the policies under which said payments or claims were made,
copies of all checks, and other indication of payment, and copies of any claims
submitted for payment.

PLEASE TAKE FURTHER NOTICE, that authorizations for any insurance

documents and policy produced in response to the demand herein shall be for the complete

documents and policy, including but not limited to, declaration sheets, riders, limitations,

endorsements, amendments, cancellations, face sheets and/or binders, etc.

PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such persons,

firms, or organizations have reimbursed Plaintiff for such costs then demand is hereby made that

the above-named party set forth, by Affidavit.

DEMAND FOR EXPERT WITNESS DISCLOSURE:

Pursuant to Section § 3101(d) of the Civil Practice Law and Rules, you are required to set

forth the following:

1. The name and address of each and every person you expect to call as an expert
witness at the trial of this action.

2. Detail, the subject matter on which each expert is expected to testify.

3. The substances of the facts and opinions on which each expert is expected to
testify.

4. The qualification of each expert witness.

5. A summary of the factual ground for each expert’s opinion.

22 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

DEMAND FOR PARTY STATEMENTS:

Pursuant to the applicable rules of the CPLR, you are required to serve within twenty (20)

days after service of this notice, the following:

1. Any signed statement, unsigned statement, or copy
of any recorded statement or document made by or
taken from any party represented by the undersigned
in this action, or from any agent, servant or employee
of any Defendant represented by this office;

2. Any signed statement, unsigned statement, or copy
of any recorded statement or document made by or
Taken from any co-Defendant or agent, servant or
Employee of any co-Defendant at:

DEMAND FOR TAX RETURNS:

Pursuant to the applicable rules of the CPLR, you are required to serve within twenty (20)

days after service of this notice, the following:

1. Copies of the income tax returns filed by plaintiff and the W-2 forms received by
the plaintiff and filed with the United States Federal Government and New York
State Government for the years 2008 to the present.

2. Duly executed authorizations to obtain the information described in item #1 from
the Internal Revenue Service.

DEMAND FOR EMPLOYMENT AUTHORIZATION:

Pursuant to the applicable rules of the CPLR, you are required to serve within twenty (20)

days after service of this notice, the following:

1. Duly executed authorization to obtain true and complete copies of the plaintiff’s
employment records from all employers from the years 2008 through the present
to include wages, job promotions, hours worked and absenteeism.

2. Any and all job related medical records concerning plaintiff as maintained by
plaintiff’s employer.

23 of 30
FILED: SUFFOLK COUNTY CLERK 05/13/2020 08:34 PM INDEX NO. 601935/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 05/13/2020

DEMAND FOR IMMIGRATION DOCUMENTS:

Pursuant to the applicable rules of the CPLR, you are required to serve within twenty (20)

days after service of this notice, the following:

1. All documentation relating to or concerning plaintiff’s citizenship status, birth
certificate, passport, visa, visa application, driver’s license, non-driver
identification, Social Security card, green card, green card application, work
permit, work permit application, alien identification card, application for alien
identification card, and any related response or correspondence from any foreign
government, the United States government, any state or local government, or any
other governmental agency whether foreign or domestic.

2. Plaintiff’s W-2 form from 2008 to the pres

Case Info

Judge

Adr Alternate Dispute Resolution Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

May 13, 2020

Case Filing Date

January 31, 2020

County

Category

Torts - Motor Vehicle

Status

Disposed

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.