Preview
FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERTO NIEVES, Index No.: 528232/ 2019
Plaintiff, VERIFIED ANSWER
-against-
MICHELLE FONTANEZ,
Defendant.
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The defendant MICHELLE FONTANEZ by her attorneys, MORRIS DUFFY ALONSO
& FALEY, upon information and belief, answers the plaintiff’s Complaint herein as follows:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs or subdivisions of the Complaint designated “1”, “3”,
“4”, “5”, “6”, “7”, “8”, “9”, “10”, “12”, “13”, “14” and “18”.
2. Admits each and every allegation contained in the paragraphs or subdivisions of
the Complaint designated “2” and “11”.
3. Denies each and every allegation contained in the paragraphs or subdivisions of the
Complaint designated “15”, “16”, “17”, “19”, “21”, “22”, “23” and “25”.
4. Denies any knowledge or information thereof sufficient to form a belief as to the
truth of the allegations contained in the paragraph or subdivision of the Complaint designated “20”
and respectfully refers all questions of law to this honorable court.
5. Denies each and every allegation contained in the paragraph or subdivision of the
Complaint designated “24” and respectfully refers all questions of law to this honorable court.
6. Denies each and every allegation contained in the paragraphs or subdivisions of the
Complaint designated except admit that
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
7. Any damages which may have been sustained by the plaintiff were contributed to
in whole or in part by the culpable conduct of the plaintiff pursuant to Section 14-A, CPLR.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
8. Any damages which may have been sustained by the plaintiff were contributed to
in whole or in part by the culpable conduct of third parties not under the control of answering
defendant.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
9. Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
replaced or indemnified, in whole or in part from any collateral source such as insurance (except
for life insurance), social security (except for those benefits provided under title XVIII of the Social
Security Act), workers' compensation or employee benefit programs (except such collateral source
entitled by law to liens against any recovery of the plaintiff), then and in that event answering
defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a
collateral source in reduction of the amount of the award by such replacement or indemnification,
minus an amount equal to the premiums paid by the plaintiff for such benefits for the two year
period immediately preceding the accrual of this action and minus an amount equal to the projected
future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c).
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
10. The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
and provisions of Article 51 of the Insurance Law of the State of New York.
ANSWERING THE FIFTH AFFIRMATIVE DEFENSE
11. The Court lacks jurisdiction over the answering defendant due to improper service
of process.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
12. The plaintiff failed to mitigate his damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
13. The Complaint fails to state a cause of action upon which relief may be granted.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
14. If the plaintiff sustained damages as alleged, such damages occurred while the
plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of
the activity and he assumed the risks incidental to and attending the activity.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
15. The defendant was not negligent because she was faced with an emergency
situation, not of her own making, and acted as a reasonable prudent person would act in the same
emergency.
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AS AND FOR A TENTH AFFIRMATIVE DEFENSE
16. Plaintiff was involved in an activity inherently dangerous.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
17. The defendant is not liable to the plaintiff as the plaintiff’s actions were the sole
proximate cause of the alleged occurrence.
WHEREFORE, answering defendant demands judgment dismissing the Complaint
together with the costs, interest and disbursements of this action.
Dated: New York, New York
March 18, 2020
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
Latrace Dabney
By: _____________________________
LATRACE DABNEY
Attorneys for Defendant
MICHELLE FONTANEZ
Office and Post Office Address
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (AL) 70959
TO:
GABRIEL LAW FIRM, P.C.
Attorneys for Plaintiff
100 Merrick Road, Suite 430w
Rockville Centre, New York 11570
516.360.9101
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERTO NIEVES, Index No.: 528232/ 2019
Plaintiff DEMAND FOR VERIFIED
-against- BILL OF PARTICULARS
MICHELLE FONTANEZ,
Defendant.
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COUNSELLORS:
PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section
3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of
Particulars upon the undersigned within twenty (20) days after receipt of this Demand.
In the event of your failure to comply with this Demand for a Verified Bill of Particulars
within that time, a motion will be made for an Order precluding you from offering any evidence
on the causes of action alleged in the Complaint concerning the following items as they concern
the answering defendant:
1. The date and time of the occurrence alleged in the Complaint.
2. The location of the occurrence alleged in the Complaint.
3. A statement of all the acts or omissions constituting negligence which plaintiff will
claim against the answering defendant.
4. A statement of:
(a) The injuries plaintiff suffered as a result of the alleged occurrence; and
(b) A description of those claimed by plaintiff to be permanent.
5. If this is an action designated in subsection (a) of Section 5104 of the Insurance
Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state
in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102
of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection
(a) of Section 5102 of the Insurance Law.
6. The length of time plaintiff was/were confined to each of the following:
(a) Bed;
(b) House; and
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(c) Hospital.
7. State the following:
(a) The occupation of plaintiff;
(b) The length of time plaintiff was/were incapacitated from employment; and
(c) The name and address of plaintiff’ employer.
8. I. State separately the total amounts or economic loss claimed by plaintiff as special
damages for each of the following:
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special
damages or economic loss represent past damages and in which amount:
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
III. Itemize which of the special damages or economic loss represent future
damages and in what amount:
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
IV. Over what period of time does plaintiff claim each of future expenses or
losses shall occur:
SPECIAL DAMAGES PERIOD OF TIME
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
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(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
9. The date of birth of plaintiff.
10. The residence address of plaintiff.
11. The Social Security number of the plaintiff.
12. If the plaintiff is an infant, state the following:
(a) The name and address of any school infant plaintiff attended at the time of this
occurrence;
(b) The date or dates infant plaintiff was absent from school as the result of the
alleged injuries sustained in this occurrence.
13. If the Complaint alleges a cause of action for property damage, state:
(a) The make, year, type and mileage of plaintiff’s vehicle;
(b) The date when plaintiff acquired title to this vehicle;
(c) A statement setting forth in detail each and every item of damage claimed to
have been sustained to plaintiff’s vehicle, setting forth, in detail, each part
claimed to have been damaged or replaced and the cost of repair or replacement
for each part so damaged or replaced;
(d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to
the occurrence;
(e) The salvage value of plaintiff’s vehicle after the occurrence;
(f) The length of time required to perform the foregoing repairs;
(g) The direction in which plaintiff vehicle was proceeding immediately before the
occurrence; and
(h) The direction in which defendant’ vehicle was proceeding immediately before
the occurrence.
14. If there is a cause of action for loss of services, state the following:
(a) In what manner was the plaintiff deprived of services and state what the services
were;
(b) With regard to the monies expended and the obligations incurred to expend
additional monies, set forth the amount of money involved and precisely to who
such monies were paid or are owed.
15. State the full caption of each and every lawsuit brought on plaintiff’ behalf to
recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including:
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(a) court;
(b) index number;
(c) calendar number;
(d) names and addresses of all litigants;
(e) names and addresses of all attorneys appearing for litigants;
(f) status of lawsuit.
16. Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule
or regulation, if any, which it is claimed answering defendant violated with reference to the
occurrence alleged in the Complaint.
Dated: New York, New York
March 18, 2020
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
Latrace Dabney
By: _____________________________
LATRACE DABNEY
Attorneys for Defendant
MICHELLE FONTANEZ
Office and Post Office Address
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (AL) 70959
TO:
GABRIEL LAW FIRM, P.C.
Attorneys for Plaintiff
100 Merrick Road, Suite 430w
Rockville Centre, New York 11570
516.360.9101
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ATTORNEY VERIFICATION
LATRACE DABNEY, an attorney admitted to practice in the courts of New York State.
That I am an associate of the firm of MORRIS DUFFY ALONSO & FALEY, the attorneys
of record for defendant. I have read the foregoing ANSWER and know the contents thereof; the
same is true to my own knowledge, except as to the matters therein alleged to be on information
and belief, and as to those matters I believe it to be true. The reason this verification is made by
me and not by the defendant is that the defendant does not maintain an office within New York
County.
The grounds of my belief as to all matters not stated upon my own knowledge are based
on a review of the contents of the file maintained by this office.
Dated: New York, New York
March 18, 2020
Latrace Dabney
_____________________________
LATRACE DABNEY
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERTO NIEVES, Index No.: 528232/ 2019
Plaintiff, DEMAND FOR
-against- MEDICARE/MEDICAID
INFORMATION
MICHELLE FONTANEZ,
Defendant.
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COUNSELLORS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395y
(b)(8)(A), the undersigned attorneys for the defendants, , hereby demand that plaintiff furnish
within thirty (30) days of service of this notice the following:
1. A statement as to whether the plaintiff has received benefits from either Medicare
or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If
so, please state and/or provide:
a. Plaintiff’s full name;
b. Plaintiff’s gender;
c. Plaintiff’s date of birth;
d. Plaintiff’s Social Security number;
e. Plaintiff’s residence telephone number;
f. The Health Insurance Claim Number and/or
Medicare/Medicaid file number;
g. The address of the office handling the plaintiff’s Medicare and/or
Medicaid file;
h. A duly executed authorization bearing plaintiff’s date of birth and Social
Security number permitting this firm and/or the representatives of
defendant to obtain copies of plaintiff’s Medicare and/or Medicaid
records.
2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien.
3. Provide copies of all documents, records, memoranda, notes, etc., in plaintiff’s
possession pertaining to plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies
of all documents provided to or received from the Medicare and/or Medicaid administrator.
4. If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a
copy of the claim summary from Medicare and/or Medicaid regarding those claims.
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5. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not
receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive
Medicare and/or Medicaid benefits.
6. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased,
please provide the following:
a. Relationship of the administrator of
plaintiff’s estate to plaintiff’s decedent;
b. Name and address of plaintiff’s administrator;
c. Telephone number and/or e-mail address of plaintiff’s
administrator;
d. Social Security number of plaintiff’s administrator;
e. An authorization to examine and copy deceased’s
Medicare and/or Medicaid records.
7. Complete the Medicaid form and Medicare Authorization Disclose Personal Health
Information, attached as Exhibit “A” and return it to this office.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing
demand and that you are required to serve the demanded information by the earliest of the
following:
A. Within thirty (30) days of the date of this demand;
B. Within twenty (20) days of receiving the above-requested information;
C. No later than thirty(30) days prior to the commencement of trial.
If you do not possess the above-requested information, in addition to the form attached as
Exhibit “A”, a letter or Affidavit to that effect should also be su
PLEASE TAKE FRTHER NOTICE that failure to comply with this Demand for
Medicare/Medicaid information may result in the necessity of a motion to compel discovery
accompanied by a request for the appropriate costs.
Dated: New York, New York
March 18, 2020
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Yours etc.,
MORRIS DUFFY ALONSO & FALEY
Latrace Dabney
By: _____________________________
LATRACE DABNEY
Attorneys for Defendant
MICHELLE FONTANEZ
Office and Post Office Address
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (AL) 70959
TO:
GABRIEL LAW FIRM, P.C.
Attorneys for Plaintiff
100 Merrick Road, Suite 430w
Rockville Centre, New York 11570
516.360.9101
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERTO NIEVES, Index No.: 528232/ 2019
Plaintiff, NOTICE TO TAKE
-against- DEPOSITION
MICHELLE FONTANEZ,
Defendant.
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COUNSELLORS:
PLEASE TAKE NOTICE that this office will take the deposition of the following parties
or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all
relevant and material issues, as authorized by Article 31 of the CPLR: ALL PARTIES
DATE: April 15, 2020
TIME: 2:00 p.m.
PLACE: MORRIS DUFFY ALONSO & FALEY, 101 Greenwich Street, 22 nd Floor
New York, New York 10006
PLEASE TAKE FURTHER NOTICE that the 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.
Dated: New York, New York
March 18, 2020
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
Latrace Dabney
By: _____________________________
LATRACE DABNEY
Attorneys for Defendant
MICHELLE FONTANEZ
Office and Post Office Address
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
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F: (212) 766-3252
Our File No.: (AL) 70959
TO:
GABRIEL LAW FIRM, P.C.
Attorneys for Plaintiff
100 Merrick Road, Suite 430w
Rockville Centre, New York 11570
516.360.9101
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERTO NIEVES, Index No.: 528232/ 2019
Plaintiff, COMBINED DEMANDS
-against- FOR DISCOVERY
MICHELLE FONTANEZ,
Defendant.
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DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
You are hereby required, pursuant to the Rules of this Court, to serve upon and deliver to
the undersigned and all other parties to the action, the following:
(a) Copies of the medical reports of those physicians who have treated or examined the party
seeking recovery, and who will testify on his/her behalf. The same shall include a detailed
statement of the injuries and conditions as to which testimony will be offered at the trial, and shall
identify those x-rays and technicians' reports which will be offered at trial.
(b) Duly executed and acknowledged written authorizations (containing full name & address
of doctor/hospital)and fully compliant with HIPAA regulations permitting all parties to obtain and
make copies of all hospital records, and such other records, including x-rays and technicians'
reports as may be referred to and identified in the statement of the examined party's physicians.
(c) Duly executed authorizations(containing full name & address of doctor/hospital)and fully
compliant with HIPAA regulations permitting defendant to discover, inspect and copy the records
of all physicians and laboratories in which or by whom plaintiff was examined or received
treatment or tests for the same or similar injuries and complaints as those at issue in this lawsuit.
(d) The names and addresses of any physicians, medical institutions, medical personnel,
nursing services or hospitals whom the plaintiff saw, consulted with, received advice from or prior
to the alleged negligence suffered by the plaintiff.
(e) Authorizations fully compliant with HIPAA regulations to obtain reports and records of
the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services.
DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF TAKEN AT
INDEPENDENT MEDICAL EXAMINATION
Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
rules governing the exchange of medical information, and permit us to discovery, inspect and copy
all video/audio records, regardless of format, taken by plaintiff or on behalf of plaintiff of any
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independent medical examination conducted on behalf of the defendant within thirty (30) days of
the date on which said recordings were taken and/or created or within thirty (30) days from the
date of this demand, whichever is sooner.
DEMAND FOR STATEMENTS
Demand is hereby made for the following relative to the party or parties represented by the
undersigned (herein “the party”):
1. Copies of any and all written statements taken of or from the party, an agent, servant or
employee.
2. A statement indicating the substance of any oral statements concerning any issue in this
case, including claimed admissions against interest, taken of or from the party, an agent, servant
or employee indicating the date the oral statement was made, the name and description of the
person who made the oral statement and the name and address of the person who heard the oral
statement.
3. Copies of any and all recorded statements taken of or from the party, an agent, servant or
employee.
4. Copies of any and all transcriptions of recorded statements taken of or from the party, an
agent, servant or employee.
DEMAND FOR LEGAL REPRESENTATION
Demand is hereby made that each party serve upon the undersigned attorneys a list of the
names of all the parties that have appeared in this action, together with the names and addresses of
their respective attorneys, pursuant to Section 2103(e) of the CPLR.
DEMAND FOR COLLATERAL SOURCES
You are hereby required to furnish to the undersigned within thirty (30) days hereof,
pursuant to CPLR Sections 3101 and 4545, canceled checks, receipts, contracts or other
agreements whereby plaintiff has received or in the future are reasonably likely to receive
payments for special damages incurred or to be incurred, as alleged in the Complaint.
This information is to include but not be limited to:
a) All payments or indemnity received from collateral sources for past special
damages or economic losses.
b) All reasonably certain payments or indemnity to be received from collateral sources
for future special damages or economic losses.
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c) The identity of each insurer (except life insurer) which has or is reasonably certain
to provide payments or indemnity by:
1. names of insurer;
2. address of insurer;
3. name of insured;
4. policy or other identifying number;
5. the amount paid or reasonably certain to be paid.
d) If such collateral source payments have been furnished or are reasonably certain to
be furnished by any employer, set forth the complete name and address of such employer;
1. if benefits derive through a contract with employer, identify the contracting
parties and date of contract.
e) If such collateral source payments or benefits have been furnished or are reasonably
certain to be furnished by Social Security (except benefits under Title XVIII of the Social Security
Act), identify the social security number and the holder of the social security number under which
the benefits have been paid or are reasonably certain to be paid.
f) If available through workers' compensation, identify the insurer, employer and
policy number; if available through an employee’s benefit program, identify the employer;
1. set forth the amount paid or reasonably certain to be paid.
g) If available through any other source, including any labor union, fully identify the
source by complete name and address;
1. set forth the amount paid or reasonably certain to be paid.
h) If available through any other contract or enforcement agreement, identify, by name
and address, all contracting parties and the date and location of the contract;
1. set forth the amount paid or reasonably certain to be paid.
DEMAND FOR NAMES OF ALL WITNESSES
The undersigned hereby demands, pursuant to CPLR 3101(a) that each party set forth in
writing and under oath, within twenty (20) days of the service of this demand upon you, the name
and address of each person claimed by any party you represent, to be a witness to the occurrence
alleged in the Complaint; all notice witnesses, if notice is a requisite to a prima facie case; and any
witness who will testify to an admission against interest of defendant, on the issues of liability, or
damages, or regarding any other issue in this case.
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If no such witnesses are known to you, so state in a sworn reply to this demand. The
undersigned will object upon trial to the testimony of any witnesses not so identified.
DEMAND FOR PHOTOGRAPHS, SLIDES, VIDEO TAPES
AND MOTION PICTURES AND SURVEILLANCE TAPES
The defendant named below hereby demands that each party produce at the office of the
undersigned attorneys, within twenty (20) days from your receipt of this notice, any photographs,
slides, video tapes and motion pictures (which should include but not be limited to photographs of
vehicle, scene and injury and is to include any photographs taken from a cell phone) received or
obtained by plaintiff/defendant, or their attorneys, agents or representatives, relating to any issue
in this case, and permit defendant, or the undersigned attorneys acting on behalf of defendant, to
inspect and copy such photographs, slides, video tapes, motion pictures, and surveillance materials
including but not limited to films, slides, photographs and videotapes, motion pictures, visual
and/or audio and/or magnetic media reproductions or descriptions depiction or alleging to depict
plaintiff’s activities, action, speech, etc. presently in your possession, custody or control, or in the
possession of any party you represent in this action.
The discovery materials enumerated above require the production of all such materials, not
merely the portions that you intend to and will select to use at the trial of this action.
The aforesaid production may be complied with by sending a true copy of each
aforementioned photographs, slides, video tapes, motion pictures and surveillance tapes to the
undersigned within the time herein specified.
DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT
Demand is hereby made that you produce true and complete copies of any Notice of Claim
filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript in
relation to the alleged incident within thirty (30) days from the date of this demand.
DEMAND FOR POST OFFICE INFORMATION
You are required to serve upon the undersigned a verified statement setting forth the Post
Office address and residence address of plaintiff and defendant in sufficient detail to permit ready
location, pursuant to CPLR 3118.
NOTICE DECLINING SERVICE BY MEANS
OF ELECTRONIC OR FAX TRANSMITTAL
The office of MORRIS DUFFY ALONSO & FALEY will not accept service of papers,
notices, motions, etc. by facsimile (FAX) transmittal or by any other electronic means.
REQUEST FOR DISCOVERY OF EXPERT WITNESS INFORMATION
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Each party is hereby requested to furnish to the undersigned, within twenty (20) days of
service hereof, the following information with respect to each person whom you expect to call as
an expert witness at trial.
For the purpose of this notice, “expert witness” includes experts of every kind, treating or
examining or otherwise, and regardless of whether such experts have been or will be compensated
for their services.
In the event that any item or sub-item of requested information is not presently available,
you are requested to so state and to state the date by which compliance with that portion of the
request will occur.
PART A - AS TO ALL EXPERTS
1. State the name and address of each expert you expect to call as a witness at the
trial.
2. With respect to each such expert, state in reasonable detail:
(a) The subject matter on which the expert is expected to testify;
(b) The substance of the facts and opinions on which the expert is expected to
testify;
(c) A summary of the grounds for the expert's opinion;
(d) The qualifications of the witness, including but not limited to:
i. the expert's areas of specialty and sub-specialty, if any;
ii. the names and addresses of all companies and institutions, with which the expert is
affiliated or employed and the nature and title of the affiliation or employment;
iii. the names and addresses of all institutions of higher learning (college, professional, etc.)
attended by the expert and the dates of attendance and degrees or credits earned;
iv. the state or states in which the expert has been
or is licensed to practice;
v. the professional, governmental and board certifications of the expert and the date on which
each such certification was received by the expert;
vi. the professional societies or associations of which the expert is a member or officer, the
title of each office held, and the dates of membership or tenure in office.
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[In the event that it includes a current and accurate statement of the information requested in sub-
paragraph “2(d)”, a copy of the expert's curriculum vitae may be attached in lieu of a response to
that sub-paragraph.]
PART B - AS TO EXPERTS ON ECONOMIC ISSUES
3. With respect to each and every economist, actuary or other expert on economic
issues identified in response to Item 1, state in reasonable detail:
(a) The subject matter on which each expert is expected to testify, including but
not limited to projected items of expense, lost earnings or other loss, and present value of projected
items;
(b) The substance of the facts and opinions on which the expert is expected to
testify as to the matters set forth in response to sub-paragraph 3(a).
DEMAND FOR INSURANCE COVERAGE
Pursuant to the provisions of Section 3101(f) of the CPLR, each defendant is required to serve
upon the undersigned, within twenty (20) days after service hereto, copies of any insurance
agreement which shall satisfy part or all of a judgment which may be entered in this action against
the party you represent or which shall indemnify or reimburse the party you represent for payments
made to satisfy the judgment. Without waiving our right to the above, we will accept in the first
instance, your notice giving the name and address of the insurance carrier, the policy numbers, the
policy period and the amount of coverage.
DEMAND FOR EMPLOYMENT AUTHORIZATIONS
Pursuant to CPLR 3121, the plaintiff is hereby required to furnish to the undersigned duly
executed and acknowledged written authorizations (containing full names and addresses)
permitting the undersigned to obtain the records for the following:
1. Authorizations for all Employment Records of the plaintiff for the four years preceding the
alleged occurrence.
DEMAND FOR SCHOOL AUTHORIZATIONS
Pursuant to CPLR 3121, the plaintiff is hereby required to furnish to the undersigned duly
executed and acknowledged written authorizations (containing full names and addresses)
permitting the undersigned to obtain the records for the following:
1. Any and all educational, teaching, training and school institutions or
agencies, vocational or academic, attended by the plaintiff for a period of three (3) years preceding
the alleged occurrence.
DEMAND FOR AUTHORIZATIONS FOR TAX RETURNS
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Pursuant to CPLR 3121, the plaintiff is hereby required to furnish to the undersigned duly
executed and acknowledged written authorizations (containing full names and addresses)
permitting the undersign
Preview
FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X ROBERTO NIEVES, Index No.: 528232/ 2019 Plaintiff, VERIFIED ANSWER -against- MICHELLE FONTANEZ, Defendant. -----------------------------------------------------------------------X The defendant MICHELLE FONTANEZ by her attorneys, MORRIS DUFFY ALONSO & FALEY, upon information and belief, answers the plaintiff’s Complaint herein as follows: 1. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated “1”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “12”, “13”, “14” and “18”. 2. Admits each and every allegation contained in the paragraphs or subdivisions of the Complaint designated “2” and “11”. 3. Denies each and every allegation contained in the paragraphs or subdivisions of the Complaint designated “15”, “16”, “17”, “19”, “21”, “22”, “23” and “25”. 4. Denies any knowledge or information thereof sufficient to form a belief as to the truth of the allegations contained in the paragraph or subdivision of the Complaint designated “20” and respectfully refers all questions of law to this honorable court. 5. Denies each and every allegation contained in the paragraph or subdivision of the Complaint designated “24” and respectfully refers all questions of law to this honorable court. 6. Denies each and every allegation contained in the paragraphs or subdivisions of the Complaint designated except admit that AS AND FOR A FIRST AFFIRMATIVE DEFENSE 7. Any damages which may have been sustained by the plaintiff were contributed to in whole or in part by the culpable conduct of the plaintiff pursuant to Section 14-A, CPLR. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 8. Any damages which may have been sustained by the plaintiff were contributed to in whole or in part by the culpable conduct of third parties not under the control of answering defendant. 1 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 AS AND FOR A THIRD AFFIRMATIVE DEFENSE 9. Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has received or with reasonable certainty shall receive the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be replaced or indemnified, in whole or in part from any collateral source such as insurance (except for life insurance), social security (except for those benefits provided under title XVIII of the Social Security Act), workers' compensation or employee benefit programs (except such collateral source entitled by law to liens against any recovery of the plaintiff), then and in that event answering defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a collateral source in reduction of the amount of the award by such replacement or indemnification, minus an amount equal to the premiums paid by the plaintiff for such benefits for the two year period immediately preceding the accrual of this action and minus an amount equal to the projected future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c). AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 10. The plaintiff’s sole and exclusive remedy is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. ANSWERING THE FIFTH AFFIRMATIVE DEFENSE 11. The Court lacks jurisdiction over the answering defendant due to improper service of process. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 12. The plaintiff failed to mitigate his damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 13. The Complaint fails to state a cause of action upon which relief may be granted. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 14. If the plaintiff sustained damages as alleged, such damages occurred while the plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of the activity and he assumed the risks incidental to and attending the activity. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 15. The defendant was not negligent because she was faced with an emergency situation, not of her own making, and acted as a reasonable prudent person would act in the same emergency. 2 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 AS AND FOR A TENTH AFFIRMATIVE DEFENSE 16. Plaintiff was involved in an activity inherently dangerous. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 17. The defendant is not liable to the plaintiff as the plaintiff’s actions were the sole proximate cause of the alleged occurrence. WHEREFORE, answering defendant demands judgment dismissing the Complaint together with the costs, interest and disbursements of this action. Dated: New York, New York March 18, 2020 Yours etc., MORRIS DUFFY ALONSO & FALEY Latrace Dabney By: _____________________________ LATRACE DABNEY Attorneys for Defendant MICHELLE FONTANEZ Office and Post Office Address 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (AL) 70959 TO: GABRIEL LAW FIRM, P.C. Attorneys for Plaintiff 100 Merrick Road, Suite 430w Rockville Centre, New York 11570 516.360.9101 3 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X ROBERTO NIEVES, Index No.: 528232/ 2019 Plaintiff DEMAND FOR VERIFIED -against- BILL OF PARTICULARS MICHELLE FONTANEZ, Defendant. -----------------------------------------------------------------------X COUNSELLORS: PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand. In the event of your failure to comply with this Demand for a Verified Bill of Particulars within that time, a motion will be made for an Order precluding you from offering any evidence on the causes of action alleged in the Complaint concerning the following items as they concern the answering defendant: 1. The date and time of the occurrence alleged in the Complaint. 2. The location of the occurrence alleged in the Complaint. 3. A statement of all the acts or omissions constituting negligence which plaintiff will claim against the answering defendant. 4. A statement of: (a) The injuries plaintiff suffered as a result of the alleged occurrence; and (b) A description of those claimed by plaintiff to be permanent. 5. If this is an action designated in subsection (a) of Section 5104 of the Insurance Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection (a) of Section 5102 of the Insurance Law. 6. The length of time plaintiff was/were confined to each of the following: (a) Bed; (b) House; and 4 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 (c) Hospital. 7. State the following: (a) The occupation of plaintiff; (b) The length of time plaintiff was/were incapacitated from employment; and (c) The name and address of plaintiff’ employer. 8. I. State separately the total amounts or economic loss claimed by plaintiff as special damages for each of the following: (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special damages or economic loss represent past damages and in which amount: (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). III. Itemize which of the special damages or economic loss represent future damages and in what amount: (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). IV. Over what period of time does plaintiff claim each of future expenses or losses shall occur: SPECIAL DAMAGES PERIOD OF TIME (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; 5 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). 9. The date of birth of plaintiff. 10. The residence address of plaintiff. 11. The Social Security number of the plaintiff. 12. If the plaintiff is an infant, state the following: (a) The name and address of any school infant plaintiff attended at the time of this occurrence; (b) The date or dates infant plaintiff was absent from school as the result of the alleged injuries sustained in this occurrence. 13. If the Complaint alleges a cause of action for property damage, state: (a) The make, year, type and mileage of plaintiff’s vehicle; (b) The date when plaintiff acquired title to this vehicle; (c) A statement setting forth in detail each and every item of damage claimed to have been sustained to plaintiff’s vehicle, setting forth, in detail, each part claimed to have been damaged or replaced and the cost of repair or replacement for each part so damaged or replaced; (d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to the occurrence; (e) The salvage value of plaintiff’s vehicle after the occurrence; (f) The length of time required to perform the foregoing repairs; (g) The direction in which plaintiff vehicle was proceeding immediately before the occurrence; and (h) The direction in which defendant’ vehicle was proceeding immediately before the occurrence. 14. If there is a cause of action for loss of services, state the following: (a) In what manner was the plaintiff deprived of services and state what the services were; (b) With regard to the monies expended and the obligations incurred to expend additional monies, set forth the amount of money involved and precisely to who such monies were paid or are owed. 15. State the full caption of each and every lawsuit brought on plaintiff’ behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including: 6 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 (a) court; (b) index number; (c) calendar number; (d) names and addresses of all litigants; (e) names and addresses of all attorneys appearing for litigants; (f) status of lawsuit. 16. Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule or regulation, if any, which it is claimed answering defendant violated with reference to the occurrence alleged in the Complaint. Dated: New York, New York March 18, 2020 Yours etc., MORRIS DUFFY ALONSO & FALEY Latrace Dabney By: _____________________________ LATRACE DABNEY Attorneys for Defendant MICHELLE FONTANEZ Office and Post Office Address 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (AL) 70959 TO: GABRIEL LAW FIRM, P.C. Attorneys for Plaintiff 100 Merrick Road, Suite 430w Rockville Centre, New York 11570 516.360.9101 7 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 ATTORNEY VERIFICATION LATRACE DABNEY, an attorney admitted to practice in the courts of New York State. That I am an associate of the firm of MORRIS DUFFY ALONSO & FALEY, the attorneys of record for defendant. I have read the foregoing ANSWER and know the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe it to be true. The reason this verification is made by me and not by the defendant is that the defendant does not maintain an office within New York County. The grounds of my belief as to all matters not stated upon my own knowledge are based on a review of the contents of the file maintained by this office. Dated: New York, New York March 18, 2020 Latrace Dabney _____________________________ LATRACE DABNEY 8 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X ROBERTO NIEVES, Index No.: 528232/ 2019 Plaintiff, DEMAND FOR -against- MEDICARE/MEDICAID INFORMATION MICHELLE FONTANEZ, Defendant. -----------------------------------------------------------------------X COUNSELLORS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395y (b)(8)(A), the undersigned attorneys for the defendants, , hereby demand that plaintiff furnish within thirty (30) days of service of this notice the following: 1. A statement as to whether the plaintiff has received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide: a. Plaintiff’s full name; b. Plaintiff’s gender; c. Plaintiff’s date of birth; d. Plaintiff’s Social Security number; e. Plaintiff’s residence telephone number; f. The Health Insurance Claim Number and/or Medicare/Medicaid file number; g. The address of the office handling the plaintiff’s Medicare and/or Medicaid file; h. A duly executed authorization bearing plaintiff’s date of birth and Social Security number permitting this firm and/or the representatives of defendant to obtain copies of plaintiff’s Medicare and/or Medicaid records. 2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien. 3. Provide copies of all documents, records, memoranda, notes, etc., in plaintiff’s possession pertaining to plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrator. 4. If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims. 9 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 5. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive Medicare and/or Medicaid benefits. 6. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased, please provide the following: a. Relationship of the administrator of plaintiff’s estate to plaintiff’s decedent; b. Name and address of plaintiff’s administrator; c. Telephone number and/or e-mail address of plaintiff’s administrator; d. Social Security number of plaintiff’s administrator; e. An authorization to examine and copy deceased’s Medicare and/or Medicaid records. 7. Complete the Medicaid form and Medicare Authorization Disclose Personal Health Information, attached as Exhibit “A” and return it to this office. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: A. Within thirty (30) days of the date of this demand; B. Within twenty (20) days of receiving the above-requested information; C. No later than thirty(30) days prior to the commencement of trial. If you do not possess the above-requested information, in addition to the form attached as Exhibit “A”, a letter or Affidavit to that effect should also be su PLEASE TAKE FRTHER NOTICE that failure to comply with this Demand for Medicare/Medicaid information may result in the necessity of a motion to compel discovery accompanied by a request for the appropriate costs. Dated: New York, New York March 18, 2020 10 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 Yours etc., MORRIS DUFFY ALONSO & FALEY Latrace Dabney By: _____________________________ LATRACE DABNEY Attorneys for Defendant MICHELLE FONTANEZ Office and Post Office Address 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (AL) 70959 TO: GABRIEL LAW FIRM, P.C. Attorneys for Plaintiff 100 Merrick Road, Suite 430w Rockville Centre, New York 11570 516.360.9101 11 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X ROBERTO NIEVES, Index No.: 528232/ 2019 Plaintiff, NOTICE TO TAKE -against- DEPOSITION MICHELLE FONTANEZ, Defendant. -----------------------------------------------------------------------X COUNSELLORS: PLEASE TAKE NOTICE that this office will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: ALL PARTIES DATE: April 15, 2020 TIME: 2:00 p.m. PLACE: MORRIS DUFFY ALONSO & FALEY, 101 Greenwich Street, 22 nd Floor New York, New York 10006 PLEASE TAKE FURTHER NOTICE that the 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. Dated: New York, New York March 18, 2020 Yours etc., MORRIS DUFFY ALONSO & FALEY Latrace Dabney By: _____________________________ LATRACE DABNEY Attorneys for Defendant MICHELLE FONTANEZ Office and Post Office Address 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 12 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 F: (212) 766-3252 Our File No.: (AL) 70959 TO: GABRIEL LAW FIRM, P.C. Attorneys for Plaintiff 100 Merrick Road, Suite 430w Rockville Centre, New York 11570 516.360.9101 13 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X ROBERTO NIEVES, Index No.: 528232/ 2019 Plaintiff, COMBINED DEMANDS -against- FOR DISCOVERY MICHELLE FONTANEZ, Defendant. -----------------------------------------------------------------------X DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS You are hereby required, pursuant to the Rules of this Court, to serve upon and deliver to the undersigned and all other parties to the action, the following: (a) Copies of the medical reports of those physicians who have treated or examined the party seeking recovery, and who will testify on his/her behalf. The same shall include a detailed statement of the injuries and conditions as to which testimony will be offered at the trial, and shall identify those x-rays and technicians' reports which will be offered at trial. (b) Duly executed and acknowledged written authorizations (containing full name & address of doctor/hospital)and fully compliant with HIPAA regulations permitting all parties to obtain and make copies of all hospital records, and such other records, including x-rays and technicians' reports as may be referred to and identified in the statement of the examined party's physicians. (c) Duly executed authorizations(containing full name & address of doctor/hospital)and fully compliant with HIPAA regulations permitting defendant to discover, inspect and copy the records of all physicians and laboratories in which or by whom plaintiff was examined or received treatment or tests for the same or similar injuries and complaints as those at issue in this lawsuit. (d) The names and addresses of any physicians, medical institutions, medical personnel, nursing services or hospitals whom the plaintiff saw, consulted with, received advice from or prior to the alleged negligence suffered by the plaintiff. (e) Authorizations fully compliant with HIPAA regulations to obtain reports and records of the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services. DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF TAKEN AT INDEPENDENT MEDICAL EXAMINATION Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the rules governing the exchange of medical information, and permit us to discovery, inspect and copy all video/audio records, regardless of format, taken by plaintiff or on behalf of plaintiff of any 14 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 independent medical examination conducted on behalf of the defendant within thirty (30) days of the date on which said recordings were taken and/or created or within thirty (30) days from the date of this demand, whichever is sooner. DEMAND FOR STATEMENTS Demand is hereby made for the following relative to the party or parties represented by the undersigned (herein “the party”): 1. Copies of any and all written statements taken of or from the party, an agent, servant or employee. 2. A statement indicating the substance of any oral statements concerning any issue in this case, including claimed admissions against interest, taken of or from the party, an agent, servant or employee indicating the date the oral statement was made, the name and description of the person who made the oral statement and the name and address of the person who heard the oral statement. 3. Copies of any and all recorded statements taken of or from the party, an agent, servant or employee. 4. Copies of any and all transcriptions of recorded statements taken of or from the party, an agent, servant or employee. DEMAND FOR LEGAL REPRESENTATION Demand is hereby made that each party serve upon the undersigned attorneys a list of the names of all the parties that have appeared in this action, together with the names and addresses of their respective attorneys, pursuant to Section 2103(e) of the CPLR. DEMAND FOR COLLATERAL SOURCES You are hereby required to furnish to the undersigned within thirty (30) days hereof, pursuant to CPLR Sections 3101 and 4545, canceled checks, receipts, contracts or other agreements whereby plaintiff has received or in the future are reasonably likely to receive payments for special damages incurred or to be incurred, as alleged in the Complaint. This information is to include but not be limited to: a) All payments or indemnity received from collateral sources for past special damages or economic losses. b) All reasonably certain payments or indemnity to be received from collateral sources for future special damages or economic losses. 15 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 c) The identity of each insurer (except life insurer) which has or is reasonably certain to provide payments or indemnity by: 1. names of insurer; 2. address of insurer; 3. name of insured; 4. policy or other identifying number; 5. the amount paid or reasonably certain to be paid. d) If such collateral source payments have been furnished or are reasonably certain to be furnished by any employer, set forth the complete name and address of such employer; 1. if benefits derive through a contract with employer, identify the contracting parties and date of contract. e) If such collateral source payments or benefits have been furnished or are reasonably certain to be furnished by Social Security (except benefits under Title XVIII of the Social Security Act), identify the social security number and the holder of the social security number under which the benefits have been paid or are reasonably certain to be paid. f) If available through workers' compensation, identify the insurer, employer and policy number; if available through an employee’s benefit program, identify the employer; 1. set forth the amount paid or reasonably certain to be paid. g) If available through any other source, including any labor union, fully identify the source by complete name and address; 1. set forth the amount paid or reasonably certain to be paid. h) If available through any other contract or enforcement agreement, identify, by name and address, all contracting parties and the date and location of the contract; 1. set forth the amount paid or reasonably certain to be paid. DEMAND FOR NAMES OF ALL WITNESSES The undersigned hereby demands, pursuant to CPLR 3101(a) that each party set forth in writing and under oath, within twenty (20) days of the service of this demand upon you, the name and address of each person claimed by any party you represent, to be a witness to the occurrence alleged in the Complaint; all notice witnesses, if notice is a requisite to a prima facie case; and any witness who will testify to an admission against interest of defendant, on the issues of liability, or damages, or regarding any other issue in this case. 16 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 If no such witnesses are known to you, so state in a sworn reply to this demand. The undersigned will object upon trial to the testimony of any witnesses not so identified. DEMAND FOR PHOTOGRAPHS, SLIDES, VIDEO TAPES AND MOTION PICTURES AND SURVEILLANCE TAPES The defendant named below hereby demands that each party produce at the office of the undersigned attorneys, within twenty (20) days from your receipt of this notice, any photographs, slides, video tapes and motion pictures (which should include but not be limited to photographs of vehicle, scene and injury and is to include any photographs taken from a cell phone) received or obtained by plaintiff/defendant, or their attorneys, agents or representatives, relating to any issue in this case, and permit defendant, or the undersigned attorneys acting on behalf of defendant, to inspect and copy such photographs, slides, video tapes, motion pictures, and surveillance materials including but not limited to films, slides, photographs and videotapes, motion pictures, visual and/or audio and/or magnetic media reproductions or descriptions depiction or alleging to depict plaintiff’s activities, action, speech, etc. presently in your possession, custody or control, or in the possession of any party you represent in this action. The discovery materials enumerated above require the production of all such materials, not merely the portions that you intend to and will select to use at the trial of this action. The aforesaid production may be complied with by sending a true copy of each aforementioned photographs, slides, video tapes, motion pictures and surveillance tapes to the undersigned within the time herein specified. DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT Demand is hereby made that you produce true and complete copies of any Notice of Claim filings made in relation to the alleged incident within thirty (30) days from the date of this demand. Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript in relation to the alleged incident within thirty (30) days from the date of this demand. DEMAND FOR POST OFFICE INFORMATION You are required to serve upon the undersigned a verified statement setting forth the Post Office address and residence address of plaintiff and defendant in sufficient detail to permit ready location, pursuant to CPLR 3118. NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR FAX TRANSMITTAL The office of MORRIS DUFFY ALONSO & FALEY will not accept service of papers, notices, motions, etc. by facsimile (FAX) transmittal or by any other electronic means. REQUEST FOR DISCOVERY OF EXPERT WITNESS INFORMATION 17 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 Each party is hereby requested to furnish to the undersigned, within twenty (20) days of service hereof, the following information with respect to each person whom you expect to call as an expert witness at trial. For the purpose of this notice, “expert witness” includes experts of every kind, treating or examining or otherwise, and regardless of whether such experts have been or will be compensated for their services. In the event that any item or sub-item of requested information is not presently available, you are requested to so state and to state the date by which compliance with that portion of the request will occur. PART A - AS TO ALL EXPERTS 1. State the name and address of each expert you expect to call as a witness at the trial. 2. With respect to each such expert, state in reasonable detail: (a) The subject matter on which the expert is expected to testify; (b) The substance of the facts and opinions on which the expert is expected to testify; (c) A summary of the grounds for the expert's opinion; (d) The qualifications of the witness, including but not limited to: i. the expert's areas of specialty and sub-specialty, if any; ii. the names and addresses of all companies and institutions, with which the expert is affiliated or employed and the nature and title of the affiliation or employment; iii. the names and addresses of all institutions of higher learning (college, professional, etc.) attended by the expert and the dates of attendance and degrees or credits earned; iv. the state or states in which the expert has been or is licensed to practice; v. the professional, governmental and board certifications of the expert and the date on which each such certification was received by the expert; vi. the professional societies or associations of which the expert is a member or officer, the title of each office held, and the dates of membership or tenure in office. 18 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 [In the event that it includes a current and accurate statement of the information requested in sub- paragraph “2(d)”, a copy of the expert's curriculum vitae may be attached in lieu of a response to that sub-paragraph.] PART B - AS TO EXPERTS ON ECONOMIC ISSUES 3. With respect to each and every economist, actuary or other expert on economic issues identified in response to Item 1, state in reasonable detail: (a) The subject matter on which each expert is expected to testify, including but not limited to projected items of expense, lost earnings or other loss, and present value of projected items; (b) The substance of the facts and opinions on which the expert is expected to testify as to the matters set forth in response to sub-paragraph 3(a). DEMAND FOR INSURANCE COVERAGE Pursuant to the provisions of Section 3101(f) of the CPLR, each defendant is required to serve upon the undersigned, within twenty (20) days after service hereto, copies of any insurance agreement which shall satisfy part or all of a judgment which may be entered in this action against the party you represent or which shall indemnify or reimburse the party you represent for payments made to satisfy the judgment. Without waiving our right to the above, we will accept in the first instance, your notice giving the name and address of the insurance carrier, the policy numbers, the policy period and the amount of coverage. DEMAND FOR EMPLOYMENT AUTHORIZATIONS Pursuant to CPLR 3121, the plaintiff is hereby required to furnish to the undersigned duly executed and acknowledged written authorizations (containing full names and addresses) permitting the undersigned to obtain the records for the following: 1. Authorizations for all Employment Records of the plaintiff for the four years preceding the alleged occurrence. DEMAND FOR SCHOOL AUTHORIZATIONS Pursuant to CPLR 3121, the plaintiff is hereby required to furnish to the undersigned duly executed and acknowledged written authorizations (containing full names and addresses) permitting the undersigned to obtain the records for the following: 1. Any and all educational, teaching, training and school institutions or agencies, vocational or academic, attended by the plaintiff for a period of three (3) years preceding the alleged occurrence. DEMAND FOR AUTHORIZATIONS FOR TAX RETURNS 19 of 27 FILED: KINGS COUNTY CLERK 03/20/2020 08:22 AM INDEX NO. 528232/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/20/2020 Pursuant to CPLR 3121, the plaintiff is hereby required to furnish to the undersigned duly executed and acknowledged written authorizations (containing full names and addresses) permitting the undersign