Preview
FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------- ------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
DEMAND FOR COPIES
-against- OF STATEMENTS
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), you are required to serve on
the undersigñed within twenty (20) days, the following:
1. Written statements of the defendants in your possessicñ.
2. Records, memoranda, notes, tape recordings, or other recorded commuñ¡cai¡vñs
of or by the defendants in your possession including e-mails, voice-mails, telephone records,
messages"
so-called "instant and related items.
This demand shall be deemed to continue during the pendency of this action ifany of the
above items are subsequently obtained.
Dated: Garden City, New York
March 10, 2020
To the best of my kñcwledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the ccñtéñtions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
By: ichael R. Janes
Attorneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
1 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
2 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
DEMAND FOR
-against- IDENTIFICATION
OF WITNESSES
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
---------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to §3101(a) of the CPLR, defendants in the
above-entitled action, demand that all parties set forth, in writing and under oath, within twenty
(20) days of the service of this Demand, the following:
1. Names and addresses of each person claimed, by any party whom you
represent, to be a witness of any of the following:
(a) The occurrence(s) a!!eged in the Complaint;
(b) Any acts, omissions, or conditions which a!!eged!y
caused the occurrence(s) alleged in the Complaint;
(c) The damages.claimed in this action.
PLEASE TAKE FURTHER NOTICE, that ifno such witnesses are known, so state in the
reply to this Demand.
The undersigned will object, upon the trial of this action, to the testimony of any
witnesses not so identified.
Dated: Garden City, New York
March 10, 2020
6311871
3 of 22
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To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMA ORGEEST & RYAN LLP
By:/Michael R. Janes
Attorneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
4 of 22
FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------- ---------------------- -------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
DEMAND FOR
-against- PHOTOGRAPHS
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
---------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR
§3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46 App.
Div. 581; Murdick v. Bush, 254 N.Y.S.2d 54; Hayward v. Willard Mountain, Inc.,266 N.Y.S.2d
453, the uñdersigned demands that you serve upon them, within twenty (20) days of the service
of this Demand, the following:
1. Photographs of the scene of the accident which is the subject of this lit!gation.
2. Photographs of the instrumentalities involved in such !itigation.
3. Photographs of the plaintiff which demonstrate the injuries a!!egedly sustained.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply, a motion willbe
made to the Court for an Order directing compliance, plus costs of this Motion.
Dated: Garden City, New York
March 10, 2020
6311871
5 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMA BORGEEST & RYAN LLP
Bf Michael R. Janes
Attorneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
6 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------------------------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
DEMAND FOR COLLATERAL
-against- SOURCE INFORMATION
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILlO,
Defendants.
---------- --·-----------------------X
PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the plaintiff
that they serve upon the undersigned a statement as to whether any part of the cost of medical
care, custodia! care, rehabilitation services, loss of earnings, or other economic loss sought to
be recovered herein was replaced or indemnified, in whole or in part, from any collateral source
Workers'
such as insurance, social security, Compensation, Medicaid, public assistance, or
employee benefit programs, and, ifso, the fullname and address of each organization, agency,
or program providing such replacement or indemnification together with an itemized statement
of the amount in which each such claimed item of economic loss was replaced or indemnified by
each such organization or program.
A demand is additionally made for duly executed and properly addressed original
authorizations perrnitting the undersigned to inspect and copy any records reflecting any
collateral source or payment identified in response to the foregoing demand.
PLEASE TAKE FURTHER NOTICE, that allauthorizations must be HIPAA-Compliant.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing within
twenty (20) days willserve as the basis of a motion for appropriate relief pursuant to the CPLR.
Dated: Garden City, New York
March 10, 2020
6311871
7 of 22
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To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMA BORGE ST & RY N LLP
B/ Michael R. Janes
Attorneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
8 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------------------------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
DEMAND FOR MEDICAL
-against- AUTHORIZATIONS AND
MEDICAL INFORMATION
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
----------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the plaintiffor plaintiff's
attcrñeys is required to serve within twenty (20) days after receipt of this notice the folicwiñg:
(a) The names and addresses of all physicians or other providers of
every description who have consulted, examined, or treated the
plaintifffor each of the conditions allegedly caused or exacerbated
by the occurrence described in the Complaiñt, including the dates
of such consultation, treatment, or examination.
(b) Written authorizations to allow the defendants to obtain the
complete office medical records relating to the plaintifffrom each
health care provider identified in (a), above.
(c) Copies of all medical reports received from health care providers
identified in (a), above.
(d) Duly executed and acknowledged written authorizations directed
to any hospital, clinic, or other health care facilityin which the
plaintiff is or was treated or confined due to the occurrence set
forth in the Complaint, so as to permit the securing of a copy of
technicians'
the entire hospital record, including x-rays and
reports.
(e) The names and addresses of every physician or other health care
provider, hospital, clinic, or other health care facilitywhich may
have examined or treated, during the five years prior to the
occurrences set forth in the Complaint, for any condition or injury
to the plaintiff. Also state the dates of such treatment or
examination.
(f) Duly executed and ackñcwledged written authorizations to allow
the defendants to obtain the complete medical records of any
physician or other health care provider, hospital, clinic, or other
health care facilitywhich may have examined or treated, during
the five years priorto the occurrences set forth in the Complaint,
for any condition or injury to the plaintiff.
6311871
9 of 22
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Upon your failure to comply herewith, the plaintiffherein willbe precluded at the trialof
this action from testifying to or offering any evidence of the conditions described in the reports or
records demanded. Furthermore, failure to provide authorizations for medical records will result
in the plaintiffbeing precluded at the trialof this action from offering any evidence or testimony
about any part of the hospite! records, medical records, x-rays, or reports of any technicians not
made available to the defendants.
Dated: Garden City, New York
March 10, 2020
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFM BORGEEST & RYAN LLP
B Michael R. Janes
'
Attorneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
10 of 22
FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------·--------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
NOTICE FOR DISCOVERY
-against- AND INSPECTION OF BILLS
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
---------------------------------------------------------X
PLEASE TAKE NOTICE, that the plaintiffis hereby requested to produce for discovery
and inspection, at the offices of the undersigned within twenty (20) days after receipt of this
notice, the following documents:
1. Each and every bill,statement of account, or itemized charge received by the
plaintiff or anyone on plaintiff'sbehalf pertaining to the special damages claimed in this lawsuit.
This demand shall be deemed to continue during the pendency of this action, ifany of
the above requested information or documents are subsequently obtained.
PLEASE TAKE FURTHER NOTICE, that ifthe plaintifffails to timely comply with this
Demand, a motion will be made to either dismiss this action and/or preclude the plaintifffrom
offering at the trialof this action any evidence pertaining to or contained in the items demanded
herein.
Dated: Garden City, New York
March 10, 2020
6311871
11 of 22
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To the best of my knewiedge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions horcin arc not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMAN BORGEEST & RYAN LLP
lichael R. Janes
By:/
Att6rneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
12 of 22
FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
-----------··--------------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
NOTICE FOR DISCOVERY
-against- AND INSPECTION OF FILMS
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
-----------------------------------------X
PLEASE TAKE NOTICE, that the plaintiff or plaintiff's attorneys are required pursuant to
the CPLR to produce for discovery and inspection within twenty (20) days after receipt of this
notice, at the offices of the undersigned, the folicwing:
1. All x-rays, CAT-scans, and other diagnostic films in the possession or control of
the plaintiffor plaintiff's counsel.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this
Notice of Discovery and Inspection, a motion will be made for an Order precluding you from
offering any evidence at the trialof this action with respect to the foregoing demand.
Dated: Garden City, New York
March 10, 2020
To the best of my knowledge, informaticñ and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMAN BO GEEST & RYAN LLP
By: Af6hael R. Janes
Attorneys for Defenda
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
6311871
13 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
TO: FRIEDMAN & SIMON, L.LP.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
14 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------ --------------------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
EXPERTS'
DEMAND FOR
-against- NAMES AND SUBSTANCE
EXPERTS'
OF TESTIMONY
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
-----------·-----------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d)(1) of the Civil Practice
Law and Rules, you are hereby required to serve upon the undersigned, within twenty (20) days
after service of this Demand, the following:
1. The name of each person whom plaintiffexpects to call as an expert witness at trial;
2. A detailed statement of the subject matters on which each expert witness is
expected to testify;
3. The substance of the facts and opinions on which each expert witness is expected
to testify;
4. The qualifications of each expert witness; and
5. A summary of the grounds of each expert's opinion.
PLEASE TAKE FURTHER NOTICE, that ifthe plaintifffails to timely comply with this
Demand, a motion will be made to either dismiss this action and/or preclude the plaintifffrom
offering at the trial of this action any evidence pertaining to or contained in the items dernanded
herein.
Dated: Garden City, New York
March 10, 2020
6311871
15 of 22
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To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMAN RGEEST & RYAN LLP
By·
Michael R. Janes
Attorneys for Defendants
SANITARY DISTRICT NO. 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
16 of 22
FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------- ----------------- X
KIZZY BELMONT, Index No.: 618244/2019
Plaintiff,
NOTICE FOR
-against- MEDICAL REPORTS
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
--------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to the rules of this Court, the plaintiffor plaintiff's
attorneys are required to serve upon the undersigned:
Copies of the medical reports of those physicians who have treated or examined KlZZY
BELMONT and who will testify on plaintiff'sbehalf. Same shall include a detailed statement of
the injuries and ccñditicas as to which testimony willbe offered at the trial,and shall identify
those x-rays, technicians or medical reports, etc.,which will be offered at the trial.
Dated: Garden City, New York
March 10, 2020
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this paper or the contentions herein are not frivolous, as
that term is defined in Part 130 of the Court Rules.
Yours, etc.,
KAUFMA RGEEST & RYAN LLP
B . Michael R. Janes
Attorneys for Defendants
SANITARY DISTRICT N . 6, WEST HEMPSTEAD
and NICHOLAS E. PUMILIO
1205 Franklin Avenue, Suite 200
Garden City, NY 11530
(516) 248-6000
Our File No.: 508.505
TO: FRIEDMAN & SIMON, L.L.P.
Attorneys for Plaintiff
390 North Broadway
Jericho, New York 11753
(516) 932-0400
6311871
17 of 22
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------------------X
KlZZY BELMONT, Index No.: 618244/2019
Plaintiff,
DEMAND FOR MEDICAID,
-against- MEDICARE OR DSS
LIEN INFORMATION
SANITARY DISTRICT NO. 6, WEST HEMPTEAD and
NICHOLAS E. PUMILIO,
Defendants.
--X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules,
the undersigned attorneys for defendants, hereby demand that you furnish us within (30) thirty
days of the service of this notice the following:
1. A statement as to whether the plaintiff has received benefits from Medicare,
Medicaid, or the New York State Department of Social Services ("DSS") at any time, for any
reason, not limited to the injuries alleged in the instant action. Ifso, please provide:
a. The Medicare/Medicaid/DSS file number
b. The address of the office handling the plaintiff's Medicare/Medicaid DSS
file.
c. Copies of all documents, records, memorandums, notes, etc. in plaintiff's
Preview
FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------- ------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, DEMAND FOR COPIES -against- OF STATEMENTS SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. ------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), you are required to serve on the undersigñed within twenty (20) days, the following: 1. Written statements of the defendants in your possessicñ. 2. Records, memoranda, notes, tape recordings, or other recorded commuñ¡cai¡vñs of or by the defendants in your possession including e-mails, voice-mails, telephone records, messages" so-called "instant and related items. This demand shall be deemed to continue during the pendency of this action ifany of the above items are subsequently obtained. Dated: Garden City, New York March 10, 2020 To the best of my kñcwledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the ccñtéñtions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMAN BORGEEST & RYAN LLP By: ichael R. Janes Attorneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 1 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 2 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, DEMAND FOR -against- IDENTIFICATION OF WITNESSES SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. ---------------------------------------------X PLEASE TAKE NOTICE, that pursuant to §3101(a) of the CPLR, defendants in the above-entitled action, demand that all parties set forth, in writing and under oath, within twenty (20) days of the service of this Demand, the following: 1. Names and addresses of each person claimed, by any party whom you represent, to be a witness of any of the following: (a) The occurrence(s) a!!eged in the Complaint; (b) Any acts, omissions, or conditions which a!!eged!y caused the occurrence(s) alleged in the Complaint; (c) The damages.claimed in this action. PLEASE TAKE FURTHER NOTICE, that ifno such witnesses are known, so state in the reply to this Demand. The undersigned will object, upon the trial of this action, to the testimony of any witnesses not so identified. Dated: Garden City, New York March 10, 2020 6311871 3 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMA ORGEEST & RYAN LLP By:/Michael R. Janes Attorneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 4 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------- ---------------------- -------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, DEMAND FOR -against- PHOTOGRAPHS SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. ---------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, and particularly CPLR §3101 and the precedents established by Reese v. Long Island Railroad, 46 Misc.2d 5, 46 App. Div. 581; Murdick v. Bush, 254 N.Y.S.2d 54; Hayward v. Willard Mountain, Inc.,266 N.Y.S.2d 453, the uñdersigned demands that you serve upon them, within twenty (20) days of the service of this Demand, the following: 1. Photographs of the scene of the accident which is the subject of this lit!gation. 2. Photographs of the instrumentalities involved in such !itigation. 3. Photographs of the plaintiff which demonstrate the injuries a!!egedly sustained. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply, a motion willbe made to the Court for an Order directing compliance, plus costs of this Motion. Dated: Garden City, New York March 10, 2020 6311871 5 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMA BORGEEST & RYAN LLP Bf Michael R. Janes Attorneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 6 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------------------------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, DEMAND FOR COLLATERAL -against- SOURCE INFORMATION SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILlO, Defendants. ---------- --·-----------------------X PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the plaintiff that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodia! care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source Workers' such as insurance, social security, Compensation, Medicaid, public assistance, or employee benefit programs, and, ifso, the fullname and address of each organization, agency, or program providing such replacement or indemnification together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. A demand is additionally made for duly executed and properly addressed original authorizations perrnitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that allauthorizations must be HIPAA-Compliant. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing within twenty (20) days willserve as the basis of a motion for appropriate relief pursuant to the CPLR. Dated: Garden City, New York March 10, 2020 6311871 7 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMA BORGE ST & RY N LLP B/ Michael R. Janes Attorneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 8 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------------------------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, DEMAND FOR MEDICAL -against- AUTHORIZATIONS AND MEDICAL INFORMATION SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. ----------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the plaintiffor plaintiff's attcrñeys is required to serve within twenty (20) days after receipt of this notice the folicwiñg: (a) The names and addresses of all physicians or other providers of every description who have consulted, examined, or treated the plaintifffor each of the conditions allegedly caused or exacerbated by the occurrence described in the Complaiñt, including the dates of such consultation, treatment, or examination. (b) Written authorizations to allow the defendants to obtain the complete office medical records relating to the plaintifffrom each health care provider identified in (a), above. (c) Copies of all medical reports received from health care providers identified in (a), above. (d) Duly executed and acknowledged written authorizations directed to any hospital, clinic, or other health care facilityin which the plaintiff is or was treated or confined due to the occurrence set forth in the Complaint, so as to permit the securing of a copy of technicians' the entire hospital record, including x-rays and reports. (e) The names and addresses of every physician or other health care provider, hospital, clinic, or other health care facilitywhich may have examined or treated, during the five years prior to the occurrences set forth in the Complaint, for any condition or injury to the plaintiff. Also state the dates of such treatment or examination. (f) Duly executed and ackñcwledged written authorizations to allow the defendants to obtain the complete medical records of any physician or other health care provider, hospital, clinic, or other health care facilitywhich may have examined or treated, during the five years priorto the occurrences set forth in the Complaint, for any condition or injury to the plaintiff. 6311871 9 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 Upon your failure to comply herewith, the plaintiffherein willbe precluded at the trialof this action from testifying to or offering any evidence of the conditions described in the reports or records demanded. Furthermore, failure to provide authorizations for medical records will result in the plaintiffbeing precluded at the trialof this action from offering any evidence or testimony about any part of the hospite! records, medical records, x-rays, or reports of any technicians not made available to the defendants. Dated: Garden City, New York March 10, 2020 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFM BORGEEST & RYAN LLP B Michael R. Janes ' Attorneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 10 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------·--------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, NOTICE FOR DISCOVERY -against- AND INSPECTION OF BILLS SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. ---------------------------------------------------------X PLEASE TAKE NOTICE, that the plaintiffis hereby requested to produce for discovery and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice, the following documents: 1. Each and every bill,statement of account, or itemized charge received by the plaintiff or anyone on plaintiff'sbehalf pertaining to the special damages claimed in this lawsuit. This demand shall be deemed to continue during the pendency of this action, ifany of the above requested information or documents are subsequently obtained. PLEASE TAKE FURTHER NOTICE, that ifthe plaintifffails to timely comply with this Demand, a motion will be made to either dismiss this action and/or preclude the plaintifffrom offering at the trialof this action any evidence pertaining to or contained in the items demanded herein. Dated: Garden City, New York March 10, 2020 6311871 11 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 To the best of my knewiedge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions horcin arc not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMAN BORGEEST & RYAN LLP lichael R. Janes By:/ Att6rneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 12 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU -----------··--------------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, NOTICE FOR DISCOVERY -against- AND INSPECTION OF FILMS SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. -----------------------------------------X PLEASE TAKE NOTICE, that the plaintiff or plaintiff's attorneys are required pursuant to the CPLR to produce for discovery and inspection within twenty (20) days after receipt of this notice, at the offices of the undersigned, the folicwing: 1. All x-rays, CAT-scans, and other diagnostic films in the possession or control of the plaintiffor plaintiff's counsel. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Notice of Discovery and Inspection, a motion will be made for an Order precluding you from offering any evidence at the trialof this action with respect to the foregoing demand. Dated: Garden City, New York March 10, 2020 To the best of my knowledge, informaticñ and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMAN BO GEEST & RYAN LLP By: Af6hael R. Janes Attorneys for Defenda SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 6311871 13 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 TO: FRIEDMAN & SIMON, L.LP. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 14 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------ --------------------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, EXPERTS' DEMAND FOR -against- NAMES AND SUBSTANCE EXPERTS' OF TESTIMONY SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. -----------·-----------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d)(1) of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned, within twenty (20) days after service of this Demand, the following: 1. The name of each person whom plaintiffexpects to call as an expert witness at trial; 2. A detailed statement of the subject matters on which each expert witness is expected to testify; 3. The substance of the facts and opinions on which each expert witness is expected to testify; 4. The qualifications of each expert witness; and 5. A summary of the grounds of each expert's opinion. PLEASE TAKE FURTHER NOTICE, that ifthe plaintifffails to timely comply with this Demand, a motion will be made to either dismiss this action and/or preclude the plaintifffrom offering at the trial of this action any evidence pertaining to or contained in the items dernanded herein. Dated: Garden City, New York March 10, 2020 6311871 15 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMAN RGEEST & RYAN LLP By· Michael R. Janes Attorneys for Defendants SANITARY DISTRICT NO. 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 16 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------- ----------------- X KIZZY BELMONT, Index No.: 618244/2019 Plaintiff, NOTICE FOR -against- MEDICAL REPORTS SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. --------------------------------------------X PLEASE TAKE NOTICE, that pursuant to the rules of this Court, the plaintiffor plaintiff's attorneys are required to serve upon the undersigned: Copies of the medical reports of those physicians who have treated or examined KlZZY BELMONT and who will testify on plaintiff'sbehalf. Same shall include a detailed statement of the injuries and ccñditicas as to which testimony willbe offered at the trial,and shall identify those x-rays, technicians or medical reports, etc.,which will be offered at the trial. Dated: Garden City, New York March 10, 2020 To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Yours, etc., KAUFMA RGEEST & RYAN LLP B . Michael R. Janes Attorneys for Defendants SANITARY DISTRICT N . 6, WEST HEMPSTEAD and NICHOLAS E. PUMILIO 1205 Franklin Avenue, Suite 200 Garden City, NY 11530 (516) 248-6000 Our File No.: 508.505 TO: FRIEDMAN & SIMON, L.L.P. Attorneys for Plaintiff 390 North Broadway Jericho, New York 11753 (516) 932-0400 6311871 17 of 22 FILED: NASSAU COUNTY CLERK 03/10/2020 05:15 PM INDEX NO. 618244/2019 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------------------X KlZZY BELMONT, Index No.: 618244/2019 Plaintiff, DEMAND FOR MEDICAID, -against- MEDICARE OR DSS LIEN INFORMATION SANITARY DISTRICT NO. 6, WEST HEMPTEAD and NICHOLAS E. PUMILIO, Defendants. --X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned attorneys for defendants, hereby demand that you furnish us within (30) thirty days of the service of this notice the following: 1. A statement as to whether the plaintiff has received benefits from Medicare, Medicaid, or the New York State Department of Social Services ("DSS") at any time, for any reason, not limited to the injuries alleged in the instant action. Ifso, please provide: a. The Medicare/Medicaid/DSS file number b. The address of the office handling the plaintiff's Medicare/Medicaid DSS file. c. Copies of all documents, records, memorandums, notes, etc. in plaintiff's