Preview
FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____--------------------------X
MELVIN A. MIZHQUIRI,
Plaintiff, DEMAND FOR A
VERIFIED BILL OF
PARTICULARS
-against-
Index No.: 528028/19
EMRE YUCEL,
Defendant.
______________-------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE that the defendants hereby demand that you serve upon the
undersigned within twenty (20) days from date of service herein, a Verified Bill of Particulars
concerning the following matters:
plaintiff(s)'
i) Name, date of birth age of plaintiff(s). Set forth social security number. If is
married, state maiden name.
ii) Post office and residence address of plaintiff(s) in sufficient detail to permit ready location.
iii) The date, approximate time of day, weather and road conditions of the occurrence.
iv) Set forth the name and address of the owner and operator of each vehicle.
a) Set forth the year, make, model and license plate number of each vehicle allegedly
involved in the occurrence.
v) The approximate location of occurrence.
vi) State the direction each vehicle allegedly involved in this occurrence was just before
heading
the occurrence; state the location where each vehicle involved in this occurrence came to rest
immediately after the occurrence.
vii) State all traffic controls plaintiff(s) will claim existed at the scene of the occurrence; state
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what trafficcontrols itwill be claimed defendant violated.
viii) The manner in which itoccurred.
ix) A general statement of the acts or omissions, constituting the negligence claimed. If any
violation of any rule, law, custom, ordinance or statute is claimed, identify and specify the provision
of same.
x) A statement of the injuries claimed to have been sustained as a result of the occurrence and
the nature and extent thereof.
a) Indicate the name and address of each physician or other medical practitioners
treating or examining plaintiff(s); the date of each visit; and whether the treatment has ceased or is
continuing.
xi) A statement of such injuries claimed to be permanent and the nature and extent thereof.
xii) Length of time and dates confined to bed.
xiii) Length of time and dates confined to house.
xiv) If treated or confined to a hospital or medical facility, state the name and address thereof
and the date of admission and discharge.
xv) State the following:
Plaintiff(s)' plaintiff(s)'
a) occupation at the time of the occurrence with a description of
duties.
plaintiff(s)'
b) The name and address of employer at the time of the alleged occurrence.
c) The daily or weeldy earnings (gross & net) at the time
d) If plaintiff(s) was a student, the name and address of the school(s) plaintiff(s) was
attending on the date of the occurrence.
e) Length of time totally incapacitated from employment and/or school.
f) Length of time partially incapacitated from employment and/or school.
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xvi) Itemize allaccounts of claims as special damages for
(a) physician's service;
(b) medical supplies;
(c) hospital expenses;
(d) nurse's services;
(e) loss of earnings;
(f)all other special damages.
xvii) If plaintiff(s) was self-employed at the time of the occurrence, state the facts upon which
plaintiff(s) bases his claim for loss of earnings, ifany. Set forth the business name and address of
plaintiff(s) and the annual income (gross & net) of plaintiff(s) from said business.
xviii) In what respect plaintiff(s) has sustained serious injury as defined in subdivision (d) of §5102
of the Insurance Law, or economic loss greater that basic economic loss, as defined in subdivision
(a) of §5102 of the Insurance Law.
xix) State the source or sources of collateral reimbursements or benefits pursuant to CPLR
4545(c).
Dated: Long Beach, New York
March 23, 2020
SEAN W. SCHAEFER, SQ.
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneys for Defendant
1005 West Beech Street
Long Beach, New York 11561
Tel.: (516) 432-9400 x13
Fax: (516) 432-5396
Our File No.: LNCR/003/20
To: CHERNY & PODOLSKY, PLLC
Attorneys forPlaintzf
14t¹¹
2681 East Street
Brooklyn, New York 11235
Tel.: (718) 449-5100
Your File No.: 8714
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------X
MELVIN A. MIZHQUIRI,
Plaintiff, DEMAND FOR
COMBINED DISCOVERY
AND INSPECTION
-against-
Index No.: 528028/19
EMRE YUCEL,
Defendant.
___________________________________________________----------------X
S I R S:
PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the
undersigned, the following:
DEMAND FOR VEHICLE RECORDS
Attach copies of all documents relating to the purchase, repair and disposition of the vehicle,
including but not limited to:
(a) Purchase invoices
(b) Sales receipts
(c) Canceled checks
(d) Itemized repair bills
(e) Photographs of the vehicle
(f) The name, address and telephone number of the purchaser, assignee or transferee of the
vehicle.
DEMAND FOR ALL PARTIES APPEARING
A listof names of allparties that have appeared in this action, together with the names
'
and addresses of their respective attorneys pursuant to 2103(e) of the C.P.L.R.
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DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S)
ON COUNTERCLAIM AND/OR CO-DEFENDANT(S)
Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect and copy
the contents of any insurance agreement under which any person or on an insurance
entity carrying
business may be liable to satisfy part or allof the judgment which may be entered in this action ,or
to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein,
including but not limited to excess and additional coverage. If there is no excess or additional
coverage and there is only one insurer liable to satisfy part or all of a judgment which be
may
entered in this action, then the undersigned demands a sworn affidavit from your client this.
stating
DEMAND FOR WITNESS
Pursuant to C.P.L.R. 3101(a) and the cases of Zellman v. Metropolitan Transportation Authority, 40 A.D.
2d 610, 360 N.Y.S. 2d 255, and Zayas v. Morales, 45 A.D. 2d 610, 360 N.Y.S. 2d 279, and this
demand, you are requested to produce and permit discovery by the undersigned or another acting on
their behalf of the following:
Names and addresses of all persons claimed by your client(s) to have either witnessed the occurrence
or to have first-hand knowledge of same, or to have notice of the nature and duration of any alleged
condition (s) proximately causing this occurrence, or to have witnessed or firsthand knowledge of
any such notice given to the parties we represent and/or other in this action or
any party having
firsthand knowledge of facts and circumstances this occurrence, whether obtained by your
regarding
client(s) at the scene of the occurrence or thereafter obtained your client(s) attorneys or
by
representatives. If no such persons are known to your client(s) or your client(s) representatives, so
state in reply to this demand. The undersigned will object at time of trial of this action to the
testimony of any persons not so identified.
PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives,
obtain names and addresses of such persons subsequent to their response to this notice, such
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information is to be furnished to the undersigned whenever so obtained. The undersigned will
object at the time of trialof this action to the testimony of any persons not so identified.
DEMAND FOR EXPERT WITNESSES
1. The name and address of each expert witness which you expect to call at the trial of this
action.
2. The subject matter in reasonable detail upon which each such expert is expected to testify.
3. The substance of the facts and opinions upon which each such expert is expected to testify.
4. The qualifications of each such expert witnesses.
5. A summary of the grounds for each such expert's opinion.
6. Provide a copy of each such expert's report furnished to you or your client(s).
PLEASE TAKE FURTHER NOTICE, that if any such expert which you expect to call as a
witness on the trialof this action intends to rely upon or introduce into evidence portion of
any any
technical standard or learned treatise, you are hereby required to identify such standard or
any
treatise,including in the case of standards, the and the standard number; in the case of
issuing body
books, author, title,publication date and publisher; and in the case of journal articles, journal title,
volume number, page, publication date and publisher.
DEMAND FOR ACCIDENT REPORTS
client(s)'
All accident reports and/or motor vehicle accident reports in your possession, pursuant to
C.P.L.R. 3101(g).
DEMAND FOR STATEMENT
Copies of each and written statement or the transcript of each and oral statement which
every every
will be alleged was made or attributed to the parties we represent in this action. If none, so state.
DEMAND FOR PHOTOGRAPHS
client(s)'
Copies of all photographs, slides, video tapes and/or motion pictures in your possession,
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pertaining to the accident site,defective condition(s) claimed and/or instrumentalities in issue.
DEMAND FOR INCOME TAX RETURNS
Copies of plaintiff (s) income tax returns of a period of three (3) years the date of the
preceding
accident as set forth in plaintiff (s)complaint to present period of disability.
DEMAND FOR EMPLOYMENT AUTHORIZATIONS
'
Set forth duly executed and acknowledged authorizations pursuant to 3101(a) and Rule 3120 of the
C.P.L.R., permitting the undersigned to obtain copies of the employment records of the plaintiff(s)
from three (3) years preceding the date of accident as set forth in plaintiff(s) complaint to the
present period of any disability claimed.
DEMAND FOR NO-FAULT RECORDS
If a claim has been or will be made by plaintiff(s) pursuant to the terms ARTICLE XVIII of the
Insurance Law of the State of New York (No-Fault Law); with respect to each and every application
and/or claim:
1. Set forth the name, address, number and claim number of each to which a
policy company
claim has been made or will be made.
2. Set forth duly executed and acknowledged written authorizations the undersigned
enabling
to obtain copies of the records relating to the plaintiff(s) from each company identified in the
response to the above.
DEMAND FOR WORKER'S COMPENSATION RECORDS
If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the Worker's
Compensation Law, with respect to each and every application:
1. Set forth name, address, policy number to which a claim has been or will be made, together
with the Worker's Compensation Board filenumber.
2. Set forth duly executed and acknowledged written authorizations the undersigned
enabling
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to obtain copies of the records to the plaintiff(s) from each company identified in response
relating
to the above.
DEMAND FOR DISABILITY RECORDS
If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the Social
Security Laws, with respect to each and every application and/or claim:
1. Set forth the claim office,address and the claim number assigned.
2. Set forth duly executed and acknowledged written authorizations enabling the undersigned
to obtain copies of the records relating to the plaintiff(s).
DEMAND FOR INFORMATION ON COLLATERAL SOURCE
A statement pursuant to C.P.L.R. 4545(c), in writing, under oath, setting forth the following:
1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitation costs, (e) loss of
earnings, or (f)other economic loss that was or will be replaced or indemnified by (a) insurance, (b)
Social Security, (c) Worker's Compensation, (d) employee benefit programs or (e) other source, not
No-Fault basic economic loss in automobile cases,, which the plaintiff(s) intend to prove
including
as special damages.
2. The amounts the plaintiff(s)will claim as lawful liens against the plaintiff(s)recovery.
3. The amount of premiums actually paid by plaintiff(s) in the two (2) year period preceding the
accrual of his/her/their cause of action.
4. The amount of premiums paid the plaintiff(s) between the accrual of
actually by
his/her/their cause of action and the present date.
5. The projected future costs of the plaintiff(s) maintaining such benefits.
DEMAND FOR MEDICAL INFORMATION
a) The names and addresses of all physicians or other health care providers of every description
who have consulted, examined or treated the plaintiff for each of the conditions alleged caused by,
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or exacerbated by, the occurrence described in the complaint the date of such treatment or
including
examination.
b) Duly executed and acknowledged written authorizations directed to hospital(s), clinics,
any
or other health care facilityin which the plaintiff(s) herein injury, is/are or was/were
claiming
confined due to the occurrence set forth in the complaint, so as to permit the of a of
securing copy
technicians'
the entire hospital record or records x-rays and reports, the undersigned.
including by
c) Duly executed and acknowledged written authorizations to allow the undersigned to obtain
copies of the complete office medical records to the from each physician or
relating plaintiff(s)
health care provider identified in (1) above.
d) Copies of allmedical reports received from each physician or health care providers identified
in (1) above. These shall include a detailed recital of the injuries and conditions as to which
technicians'
testimony will be offered at the trial, to and those x-rays and reports
referring identifying
which will be offered at the trial.
e) In the event the plaintiff(s) claim exacerbation of a pre-existent injury, demand is hereby
made for duly executed and acknowledged written authorizations to allow the undersigned to obtain
copies of the complete medical records those from all physicians, hospitals, health care
including
providers, pharmacy or drug store records, with respect to any prescribed for plaintiff(s) from
drug
one year prior to the occurrence described in the complaint to the present date.
PLEASE TAKE FURTHER NOTICE, that failure to comply with these demands will
serve as a basis for a motion to preclude the plaintiff(s) upon trialof this action from proof
offering
relative to medical damages ifsuch information, authorizations and certificates are not provided in
accordance with these demands.
PLEASE TAKE FURTHER NOTICE, that these are allcontinuing demands and should
any of the information requested become available to or known in the future, then you are required
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to furnish same to such time.
DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty-five (25)
days of the date of these demands at the office of: Peknic, Peknic & Schaefer, LLC 1005 West
Beech Street, Long Beach, New York 11561.
COMPLIANCE may be effectuated by sending true copies of the requested material,
where applicable, to undersigned before the due date herein.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these demands,
the parties we represent shall make an application to stay all proceedings herein, in addition to
sanctions and other relief granted.
Dated: Long Beach, New York
March 22, 2020
SEAN W. SCHAEFER,/ÉSQ.
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneys for Defendant
1005 West Beech Street
Long Beach, New York 11561
Tel.: (516) 432-9400 x13
Fax: (516) 432-5396
Our File No.: LNCR/003/20
To: CHERNY & PODOLSKY, PLLC
Attorneys forPlaint ff
14d'
2681 East Street
Brooklyn, New York 11235
Tel.: (718) 449-5100
Your File No.: 8714
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------------------------X
MELVIN A. MIZHQUIRI,
Plaintiff, DEMAND FOR
DEPOSITION
-against- Index No.: 528028/19
EMRE YUCEL,
Defendant.
-----------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, demand is hereby made that
the deposition upon oral examination of the plaintiff be held at a mutually agreed upon date at the
offices of defendants located at 1005 West Beech Street, Long Beach, New York.
Dated: Long Beach, New York
March 22, 2020
ÉAN W. SCH EFER SQ.
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneys for Defendant
1005 West Beech Street
Long Beach, New York 11561
Tel.: (516) 432-9400 x13
Fax: (516) 432-5396
Our File No.: LNCR/003/20
To: CHERNY & PODOLSKY, PLLC
Attorneys for Plaintzf
14t¹¹
2681 East Street
Brooklyn, New York 11235
Tel.: (718) 449-5100
Your File No.: 8714
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SUPREME COURTOFTHE STATE OF NEW YORK
COUNTYOF KINGS
____________________________---------------------------------------X
MELVIN A. MIZHQUIRI,
Plaintiff, DEMAND FOR
INDEPENDENT
MEDICAL
EXAMINATION
-against-
Index No.: 528028/19
EMRE YUCEL,
Defendant.
----------------------------------------------------------------------X
S I R S:
PLEASE TAK E NOTICEthat a Demand is hereby made upon you for the following:
DEMAND FOR INDEPENDENT MEDICAL EXAMINATION
1. Demand is hereby made that plaintiff MELVIN A. MIZHQUIRI, appear for independent
medical examinations, to be scheduled by defendants.
2. MELVIN A. MIZHQUIRI has put his medical condition into issue by seeking damages.
The defense is entitled to have independent medical examinations to enable it to defend
plaintiffs'
against the claims of injury.
3. Plaintiff's counsel is to provide, at least three dates the plaintiff, MELVIN A. MIZHQUIRI,
is available to appear for Independent Medical Examinations.
4. Civil Practice Law and Rules Section 3121(a), states:
Notice of examination. After commencement of an action in which the mental or
physical condition or the blood relationship of a party, or of an agent, employee or person in
the custody or under the legal control of a party, is in controversy, any party may serve
notice on another party to submit to a physical, mental or blood examination by a designated
physician, or to produce for such examination his agent, employee or the person in his
custody or under his legal control.
5. This right is also found in New York's Court Rules, 22 NYCRR 202.17(a), which states:
At any time after joinder of issue and service of a bill of particulars, the party to be examined
or any other party may serve on all other parties a notice the time and place of
fixing
examination.
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6. This demand in no way infringes, interferes with or is to be construed as a waiver of the
rights of the defendants to full and unfettered Independent Medical Examinations by
doctors of defendant's choosing the provision of plaintiff's medical data and
following
following the plaintiff's deposition.
PLEASE TAKE FURTHER NOTICE, that failure to comply with these demands will serve
as a basis for a motion to preclude the plaintiff(s) upon trial of this action from proof
offering
relative to medical damages if said Independent Medical Examination is not complied with prior to
plaintiff's surgery including allremedies available pursuant to spoliation of evidence.
PLEASE TAEE FURTHER NOTICE, that these are allcontinuing demands and should any
of the information requested become available to or known in the future, then you are required to
furnish same at such time.
DISCOVERY OF THE ABOTTE IS TO BE PRODUCED within ten (10) days of the date
of these demands at the office of: Peknic, Peknic & Schaefer, LLC., 1005 West Beech Street, Long
Beach, New York 11561.
COMPLIANCE may be effectuated by sending true copies of the requested material, where
applicable, to undersigned before the due date herein.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these
demands, the parties we represent shall seek allappropriate sanctions including precluding plaintiff
upon trialof this action from offering proof relative to medical damages and such other and further
reliefas the Court deems necessary.
Dated: Long Beach, New York
March 22, 2020
SEAN W. SCHÁEFER, SQ.
PEKNIC, PEKNIC & SCHAEFER, LLC
Attorneysfor Defendant
1005 West Beech Street
Long Beach, New York 11561
Tel.: (516) 432-9400 x13
Fax: (516) 432-5396
Our File No.: LNCR/003/20
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To: CHERNY & PODOLSKY, PLLC
Attorneys for Plaintzf
1402
2681 East Street
Brooklyn, New York 11235
Tel.: (718) 449-5100
Your File No.: 8714
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________________________--------------------------------------------X
MELVIN A. MIZHQUIRI,
Plaintiff, DEMAND FOR PRE-
SURGICAL
INDEPENDENT
-against- MEDICAL
EXAMINATION
Index No.: 528028/19
EMRE YUCEL,
Defendant.
___________________________------------------------------------------X
S I R S
PLEASE TAK E NOTICEthat a Demand is hereby made upon you for the following:
DEMAND FOR PRE-SURGICAL INDEPENDENT MEDICAL EXAMINATION
1. Demand is hereby made that should plaintiff MELVIN A. MIZHQUIRI, from this date
forward, until the end of litigation, schedule a surgical procedure related to injuries alleged to
be sustained in the subject accident, then defendants demand and require plaintiff to appear
for pre-surgical independent medical examinations, to be scheduled by defendants.
2. MELVIN A. MIZHQUIRI has put his medical condition into issue by seeking damages.
The defense is entitled to have independent medical examinations to enable it to defend
against the plaintiff's claim of injury.
3. Plaintiff's counsel is to provide scheduled dates of surgical procedures, the name and
any
address of the physician performing the surgery, and the place of surgery.
4. Plaintiff's counsel is to provide, at least three dates the plaintiff, MELVIN A. MIZHQUIRI
is available to appear for Independent Medical Examinations prior to any surgery.
5. Defendants have a right to see the alleged injuries in an unaltered state for the purpose of
ascertaining their existence and causation. If you fail to properly secure and preserve this
evidence and alter it prior to the requested independent medical examinations, we will
pursue spoliation of evidence claim and seek allsanctions available under the applicable law.
6. Civil Practice Law and Rules Section 3121(a), states:
Preview
FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____--------------------------X MELVIN A. MIZHQUIRI, Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- Index No.: 528028/19 EMRE YUCEL, Defendant. ______________-------------------------------------------------------X S I R S: PLEASE TAKE NOTICE that the defendants hereby demand that you serve upon the undersigned within twenty (20) days from date of service herein, a Verified Bill of Particulars concerning the following matters: plaintiff(s)' i) Name, date of birth age of plaintiff(s). Set forth social security number. If is married, state maiden name. ii) Post office and residence address of plaintiff(s) in sufficient detail to permit ready location. iii) The date, approximate time of day, weather and road conditions of the occurrence. iv) Set forth the name and address of the owner and operator of each vehicle. a) Set forth the year, make, model and license plate number of each vehicle allegedly involved in the occurrence. v) The approximate location of occurrence. vi) State the direction each vehicle allegedly involved in this occurrence was just before heading the occurrence; state the location where each vehicle involved in this occurrence came to rest immediately after the occurrence. vii) State all traffic controls plaintiff(s) will claim existed at the scene of the occurrence; state 1 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 what trafficcontrols itwill be claimed defendant violated. viii) The manner in which itoccurred. ix) A general statement of the acts or omissions, constituting the negligence claimed. If any violation of any rule, law, custom, ordinance or statute is claimed, identify and specify the provision of same. x) A statement of the injuries claimed to have been sustained as a result of the occurrence and the nature and extent thereof. a) Indicate the name and address of each physician or other medical practitioners treating or examining plaintiff(s); the date of each visit; and whether the treatment has ceased or is continuing. xi) A statement of such injuries claimed to be permanent and the nature and extent thereof. xii) Length of time and dates confined to bed. xiii) Length of time and dates confined to house. xiv) If treated or confined to a hospital or medical facility, state the name and address thereof and the date of admission and discharge. xv) State the following: Plaintiff(s)' plaintiff(s)' a) occupation at the time of the occurrence with a description of duties. plaintiff(s)' b) The name and address of employer at the time of the alleged occurrence. c) The daily or weeldy earnings (gross & net) at the time d) If plaintiff(s) was a student, the name and address of the school(s) plaintiff(s) was attending on the date of the occurrence. e) Length of time totally incapacitated from employment and/or school. f) Length of time partially incapacitated from employment and/or school. 2 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 xvi) Itemize allaccounts of claims as special damages for (a) physician's service; (b) medical supplies; (c) hospital expenses; (d) nurse's services; (e) loss of earnings; (f)all other special damages. xvii) If plaintiff(s) was self-employed at the time of the occurrence, state the facts upon which plaintiff(s) bases his claim for loss of earnings, ifany. Set forth the business name and address of plaintiff(s) and the annual income (gross & net) of plaintiff(s) from said business. xviii) In what respect plaintiff(s) has sustained serious injury as defined in subdivision (d) of §5102 of the Insurance Law, or economic loss greater that basic economic loss, as defined in subdivision (a) of §5102 of the Insurance Law. xix) State the source or sources of collateral reimbursements or benefits pursuant to CPLR 4545(c). Dated: Long Beach, New York March 23, 2020 SEAN W. SCHAEFER, SQ. PEKNIC, PEKNIC & SCHAEFER, LLC Attorneys for Defendant 1005 West Beech Street Long Beach, New York 11561 Tel.: (516) 432-9400 x13 Fax: (516) 432-5396 Our File No.: LNCR/003/20 To: CHERNY & PODOLSKY, PLLC Attorneys forPlaintzf 14t¹¹ 2681 East Street Brooklyn, New York 11235 Tel.: (718) 449-5100 Your File No.: 8714 3 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------X MELVIN A. MIZHQUIRI, Plaintiff, DEMAND FOR COMBINED DISCOVERY AND INSPECTION -against- Index No.: 528028/19 EMRE YUCEL, Defendant. ___________________________________________________----------------X S I R S: PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the undersigned, the following: DEMAND FOR VEHICLE RECORDS Attach copies of all documents relating to the purchase, repair and disposition of the vehicle, including but not limited to: (a) Purchase invoices (b) Sales receipts (c) Canceled checks (d) Itemized repair bills (e) Photographs of the vehicle (f) The name, address and telephone number of the purchaser, assignee or transferee of the vehicle. DEMAND FOR ALL PARTIES APPEARING A listof names of allparties that have appeared in this action, together with the names ' and addresses of their respective attorneys pursuant to 2103(e) of the C.P.L.R. 4 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON COUNTERCLAIM AND/OR CO-DEFENDANT(S) Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect and copy the contents of any insurance agreement under which any person or on an insurance entity carrying business may be liable to satisfy part or allof the judgment which may be entered in this action ,or to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein, including but not limited to excess and additional coverage. If there is no excess or additional coverage and there is only one insurer liable to satisfy part or all of a judgment which be may entered in this action, then the undersigned demands a sworn affidavit from your client this. stating DEMAND FOR WITNESS Pursuant to C.P.L.R. 3101(a) and the cases of Zellman v. Metropolitan Transportation Authority, 40 A.D. 2d 610, 360 N.Y.S. 2d 255, and Zayas v. Morales, 45 A.D. 2d 610, 360 N.Y.S. 2d 279, and this demand, you are requested to produce and permit discovery by the undersigned or another acting on their behalf of the following: Names and addresses of all persons claimed by your client(s) to have either witnessed the occurrence or to have first-hand knowledge of same, or to have notice of the nature and duration of any alleged condition (s) proximately causing this occurrence, or to have witnessed or firsthand knowledge of any such notice given to the parties we represent and/or other in this action or any party having firsthand knowledge of facts and circumstances this occurrence, whether obtained by your regarding client(s) at the scene of the occurrence or thereafter obtained your client(s) attorneys or by representatives. If no such persons are known to your client(s) or your client(s) representatives, so state in reply to this demand. The undersigned will object at time of trial of this action to the testimony of any persons not so identified. PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives, obtain names and addresses of such persons subsequent to their response to this notice, such 5 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 information is to be furnished to the undersigned whenever so obtained. The undersigned will object at the time of trialof this action to the testimony of any persons not so identified. DEMAND FOR EXPERT WITNESSES 1. The name and address of each expert witness which you expect to call at the trial of this action. 2. The subject matter in reasonable detail upon which each such expert is expected to testify. 3. The substance of the facts and opinions upon which each such expert is expected to testify. 4. The qualifications of each such expert witnesses. 5. A summary of the grounds for each such expert's opinion. 6. Provide a copy of each such expert's report furnished to you or your client(s). PLEASE TAKE FURTHER NOTICE, that if any such expert which you expect to call as a witness on the trialof this action intends to rely upon or introduce into evidence portion of any any technical standard or learned treatise, you are hereby required to identify such standard or any treatise,including in the case of standards, the and the standard number; in the case of issuing body books, author, title,publication date and publisher; and in the case of journal articles, journal title, volume number, page, publication date and publisher. DEMAND FOR ACCIDENT REPORTS client(s)' All accident reports and/or motor vehicle accident reports in your possession, pursuant to C.P.L.R. 3101(g). DEMAND FOR STATEMENT Copies of each and written statement or the transcript of each and oral statement which every every will be alleged was made or attributed to the parties we represent in this action. If none, so state. DEMAND FOR PHOTOGRAPHS client(s)' Copies of all photographs, slides, video tapes and/or motion pictures in your possession, 6 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 pertaining to the accident site,defective condition(s) claimed and/or instrumentalities in issue. DEMAND FOR INCOME TAX RETURNS Copies of plaintiff (s) income tax returns of a period of three (3) years the date of the preceding accident as set forth in plaintiff (s)complaint to present period of disability. DEMAND FOR EMPLOYMENT AUTHORIZATIONS ' Set forth duly executed and acknowledged authorizations pursuant to 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the employment records of the plaintiff(s) from three (3) years preceding the date of accident as set forth in plaintiff(s) complaint to the present period of any disability claimed. DEMAND FOR NO-FAULT RECORDS If a claim has been or will be made by plaintiff(s) pursuant to the terms ARTICLE XVIII of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application and/or claim: 1. Set forth the name, address, number and claim number of each to which a policy company claim has been made or will be made. 2. Set forth duly executed and acknowledged written authorizations the undersigned enabling to obtain copies of the records relating to the plaintiff(s) from each company identified in the response to the above. DEMAND FOR WORKER'S COMPENSATION RECORDS If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the Worker's Compensation Law, with respect to each and every application: 1. Set forth name, address, policy number to which a claim has been or will be made, together with the Worker's Compensation Board filenumber. 2. Set forth duly executed and acknowledged written authorizations the undersigned enabling 7 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 to obtain copies of the records to the plaintiff(s) from each company identified in response relating to the above. DEMAND FOR DISABILITY RECORDS If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the Social Security Laws, with respect to each and every application and/or claim: 1. Set forth the claim office,address and the claim number assigned. 2. Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain copies of the records relating to the plaintiff(s). DEMAND FOR INFORMATION ON COLLATERAL SOURCE A statement pursuant to C.P.L.R. 4545(c), in writing, under oath, setting forth the following: 1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitation costs, (e) loss of earnings, or (f)other economic loss that was or will be replaced or indemnified by (a) insurance, (b) Social Security, (c) Worker's Compensation, (d) employee benefit programs or (e) other source, not No-Fault basic economic loss in automobile cases,, which the plaintiff(s) intend to prove including as special damages. 2. The amounts the plaintiff(s)will claim as lawful liens against the plaintiff(s)recovery. 3. The amount of premiums actually paid by plaintiff(s) in the two (2) year period preceding the accrual of his/her/their cause of action. 4. The amount of premiums paid the plaintiff(s) between the accrual of actually by his/her/their cause of action and the present date. 5. The projected future costs of the plaintiff(s) maintaining such benefits. DEMAND FOR MEDICAL INFORMATION a) The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff for each of the conditions alleged caused by, 8 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 or exacerbated by, the occurrence described in the complaint the date of such treatment or including examination. b) Duly executed and acknowledged written authorizations directed to hospital(s), clinics, any or other health care facilityin which the plaintiff(s) herein injury, is/are or was/were claiming confined due to the occurrence set forth in the complaint, so as to permit the of a of securing copy technicians' the entire hospital record or records x-rays and reports, the undersigned. including by c) Duly executed and acknowledged written authorizations to allow the undersigned to obtain copies of the complete office medical records to the from each physician or relating plaintiff(s) health care provider identified in (1) above. d) Copies of allmedical reports received from each physician or health care providers identified in (1) above. These shall include a detailed recital of the injuries and conditions as to which technicians' testimony will be offered at the trial, to and those x-rays and reports referring identifying which will be offered at the trial. e) In the event the plaintiff(s) claim exacerbation of a pre-existent injury, demand is hereby made for duly executed and acknowledged written authorizations to allow the undersigned to obtain copies of the complete medical records those from all physicians, hospitals, health care including providers, pharmacy or drug store records, with respect to any prescribed for plaintiff(s) from drug one year prior to the occurrence described in the complaint to the present date. PLEASE TAKE FURTHER NOTICE, that failure to comply with these demands will serve as a basis for a motion to preclude the plaintiff(s) upon trialof this action from proof offering relative to medical damages ifsuch information, authorizations and certificates are not provided in accordance with these demands. PLEASE TAKE FURTHER NOTICE, that these are allcontinuing demands and should any of the information requested become available to or known in the future, then you are required 9 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 to furnish same to such time. DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty-five (25) days of the date of these demands at the office of: Peknic, Peknic & Schaefer, LLC 1005 West Beech Street, Long Beach, New York 11561. COMPLIANCE may be effectuated by sending true copies of the requested material, where applicable, to undersigned before the due date herein. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these demands, the parties we represent shall make an application to stay all proceedings herein, in addition to sanctions and other relief granted. Dated: Long Beach, New York March 22, 2020 SEAN W. SCHAEFER,/ÉSQ. PEKNIC, PEKNIC & SCHAEFER, LLC Attorneys for Defendant 1005 West Beech Street Long Beach, New York 11561 Tel.: (516) 432-9400 x13 Fax: (516) 432-5396 Our File No.: LNCR/003/20 To: CHERNY & PODOLSKY, PLLC Attorneys forPlaint ff 14d' 2681 East Street Brooklyn, New York 11235 Tel.: (718) 449-5100 Your File No.: 8714 10 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------------X MELVIN A. MIZHQUIRI, Plaintiff, DEMAND FOR DEPOSITION -against- Index No.: 528028/19 EMRE YUCEL, Defendant. -----------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, demand is hereby made that the deposition upon oral examination of the plaintiff be held at a mutually agreed upon date at the offices of defendants located at 1005 West Beech Street, Long Beach, New York. Dated: Long Beach, New York March 22, 2020 ÉAN W. SCH EFER SQ. PEKNIC, PEKNIC & SCHAEFER, LLC Attorneys for Defendant 1005 West Beech Street Long Beach, New York 11561 Tel.: (516) 432-9400 x13 Fax: (516) 432-5396 Our File No.: LNCR/003/20 To: CHERNY & PODOLSKY, PLLC Attorneys for Plaintzf 14t¹¹ 2681 East Street Brooklyn, New York 11235 Tel.: (718) 449-5100 Your File No.: 8714 11 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 SUPREME COURTOFTHE STATE OF NEW YORK COUNTYOF KINGS ____________________________---------------------------------------X MELVIN A. MIZHQUIRI, Plaintiff, DEMAND FOR INDEPENDENT MEDICAL EXAMINATION -against- Index No.: 528028/19 EMRE YUCEL, Defendant. ----------------------------------------------------------------------X S I R S: PLEASE TAK E NOTICEthat a Demand is hereby made upon you for the following: DEMAND FOR INDEPENDENT MEDICAL EXAMINATION 1. Demand is hereby made that plaintiff MELVIN A. MIZHQUIRI, appear for independent medical examinations, to be scheduled by defendants. 2. MELVIN A. MIZHQUIRI has put his medical condition into issue by seeking damages. The defense is entitled to have independent medical examinations to enable it to defend plaintiffs' against the claims of injury. 3. Plaintiff's counsel is to provide, at least three dates the plaintiff, MELVIN A. MIZHQUIRI, is available to appear for Independent Medical Examinations. 4. Civil Practice Law and Rules Section 3121(a), states: Notice of examination. After commencement of an action in which the mental or physical condition or the blood relationship of a party, or of an agent, employee or person in the custody or under the legal control of a party, is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician, or to produce for such examination his agent, employee or the person in his custody or under his legal control. 5. This right is also found in New York's Court Rules, 22 NYCRR 202.17(a), which states: At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice the time and place of fixing examination. 12 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 6. This demand in no way infringes, interferes with or is to be construed as a waiver of the rights of the defendants to full and unfettered Independent Medical Examinations by doctors of defendant's choosing the provision of plaintiff's medical data and following following the plaintiff's deposition. PLEASE TAKE FURTHER NOTICE, that failure to comply with these demands will serve as a basis for a motion to preclude the plaintiff(s) upon trial of this action from proof offering relative to medical damages if said Independent Medical Examination is not complied with prior to plaintiff's surgery including allremedies available pursuant to spoliation of evidence. PLEASE TAEE FURTHER NOTICE, that these are allcontinuing demands and should any of the information requested become available to or known in the future, then you are required to furnish same at such time. DISCOVERY OF THE ABOTTE IS TO BE PRODUCED within ten (10) days of the date of these demands at the office of: Peknic, Peknic & Schaefer, LLC., 1005 West Beech Street, Long Beach, New York 11561. COMPLIANCE may be effectuated by sending true copies of the requested material, where applicable, to undersigned before the due date herein. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these demands, the parties we represent shall seek allappropriate sanctions including precluding plaintiff upon trialof this action from offering proof relative to medical damages and such other and further reliefas the Court deems necessary. Dated: Long Beach, New York March 22, 2020 SEAN W. SCHÁEFER, SQ. PEKNIC, PEKNIC & SCHAEFER, LLC Attorneysfor Defendant 1005 West Beech Street Long Beach, New York 11561 Tel.: (516) 432-9400 x13 Fax: (516) 432-5396 Our File No.: LNCR/003/20 13 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 To: CHERNY & PODOLSKY, PLLC Attorneys for Plaintzf 1402 2681 East Street Brooklyn, New York 11235 Tel.: (718) 449-5100 Your File No.: 8714 14 of 35 FILED: KINGS COUNTY CLERK 06/04/2020 04:32 PM INDEX NO. 528028/2019 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/04/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __________________________--------------------------------------------X MELVIN A. MIZHQUIRI, Plaintiff, DEMAND FOR PRE- SURGICAL INDEPENDENT -against- MEDICAL EXAMINATION Index No.: 528028/19 EMRE YUCEL, Defendant. ___________________________------------------------------------------X S I R S PLEASE TAK E NOTICEthat a Demand is hereby made upon you for the following: DEMAND FOR PRE-SURGICAL INDEPENDENT MEDICAL EXAMINATION 1. Demand is hereby made that should plaintiff MELVIN A. MIZHQUIRI, from this date forward, until the end of litigation, schedule a surgical procedure related to injuries alleged to be sustained in the subject accident, then defendants demand and require plaintiff to appear for pre-surgical independent medical examinations, to be scheduled by defendants. 2. MELVIN A. MIZHQUIRI has put his medical condition into issue by seeking damages. The defense is entitled to have independent medical examinations to enable it to defend against the plaintiff's claim of injury. 3. Plaintiff's counsel is to provide scheduled dates of surgical procedures, the name and any address of the physician performing the surgery, and the place of surgery. 4. Plaintiff's counsel is to provide, at least three dates the plaintiff, MELVIN A. MIZHQUIRI is available to appear for Independent Medical Examinations prior to any surgery. 5. Defendants have a right to see the alleged injuries in an unaltered state for the purpose of ascertaining their existence and causation. If you fail to properly secure and preserve this evidence and alter it prior to the requested independent medical examinations, we will pursue spoliation of evidence claim and seek allsanctions available under the applicable law. 6. Civil Practice Law and Rules Section 3121(a), states: