Preview
FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNW OF BRONX
------------ ----------- ---------- -- -----X Index No. 35123/19E
WKIMA THOMPSON,
Plaintiff,
VERIFIED ANSWER
-against-
EVEREST SCAFFOLDING INC. and JADERLYN A.
GALAN SANTAMARIA,
Defendants.
--------------------------- ----------------------------X
The defendants, EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN
SANTAMARIA, by their attorneys, PICCIANO & SCAHILL, P.C., as and for their Verified
Answer, hereby allege as follows:
FIRST: Deny having knowledge or information sufficient to form a belief as to each
"1"
and every allegation set forth in paragraphs enumerated through "8", "10", "13", "14",
"17", "19", "20", "26".
SECOND: Deny each and every allegation set forth in paragraphs enumerated "11",
"12", "21", "22", "23", "24", "25", "27".
AS AND FOR A FIRST SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
THIRD: The Plaintiff has failed to obtain personal jurisdiction over the defendants,
EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA.
AS AND FOR A SECOND SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
FOURTH: If it be determined that the Plaintiff failed to use available seat belts and/or
harness, defendants plead said fact as an abm!ute defense on the issue of liability and in
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mitigation of damages.
AS AND FOR A THIRD SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
FIFTH: That whatever damages, personal or property, or wrongful death plaintiff
may have sustained, if any, at the time and place alleged in the complaint, or any
amendments thereto, if not caused in whole by the carelessness, negligence, assumption
of risk and cu!pable conduct of the plaintiff, and/or plaintiff's intestate, were then caused
for the most part by the carelessness, negligence, culpable conduct and want of care on
the part of the plaintiff and/or plaintiff's intestate; and, if any carelessness, negligence or
cu!pable conduct upon the part of defendant caused or contributed to such injury or
wrongful death, such on the part of defendant bore only a slight proportion to the entire
negligence, carelessness and culpable conduct attributable to both plaintiff and defendant
in causing the accident and any resulting injury.
AS AND FOR A FOURTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
SIXTH: In the event Plaintiff recovers a verdict or judgment against these
defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by
those amounts which have been, or will, with reasonable certainty, replace or indemnify
Plaintiff, in whole or in part, for any past or future claimed economic loss, from any co!!ateral
workers'
source such as insurance, social security, compensation or employee benefits
programs.
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AS AND FOR A FIFTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
injury"
SEVENTH: The accident described in the Complaint did not result in a "serious
to Plaintiff as so defined in and by Section 5102(d) of the Insurance Law of the State of
New York, and as such, Plaintiff had and has no right to institute, maintain or prosecute this
action and is barred from doing so.
The Plaintiff did not sustain serious injury as defined by Section 5102(d) and her
exclusive remedy therefore is confined and limited to the benefits and provisions of Article
51 of the Insurance Law of the State of New York.
AS AND FOR A SIXTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
EIGHTH: The plaintiff's claims are barred by the emergency doctrine. Due to
sudden and unexpected actions of the plaintiff, co-defendant, as yet unidentified party, or
other emergency, the defendant was left without time to contemplate or weigh alternative
courses of action and therefore cannot reasonably be held to the standard of care required
of one who has had a full opportunity to reflect and therefore was not negligeñt.
AS AND FOR A SEVENTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
NINTH: The plaintiff's cause of action is barred and/or non-actionable pursuant
Workers'
to the provisions of the New York State Compensation Law, Sections 11 and 29.
WHEREFORE, the defendants, EVEREST SCAFFOLDING INC. and JADERLYN A.
GALAN SANTAMARIA, demand judgment dismissing the complaint herein together with the
costs and disbursements of this action.
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DATED: Bethpage, New York
January 30, 2020
DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendants
EVEREST SCAFFOLDING INC. and
JADERLYN A. GALAN SANTAMARIA
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No. 32 3485 V66
TO: LEAV & STEINBERG, LLP
Attorneys for Plaintiff
75 Broad Street, Suite 1601
New York, NY 10004
(212) 766-5222
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------------------------------------X Index No. 35123/19E
TYKIMA THOMPSON ,
Plaintif f,
DEMAND FOR BILL
-against- OF PARTICULARS
EVEREST SCAFFOLDING INC. and JADERLYN A.
GALAN SANTAMARIA,
Defendants.
_______________________________..__________.·------- ---------X
PLEASE TAKE NOTICE, that the Defendants, EVEREST SCAFFOLDING INC. and
JADERLYN A. GALAN SANTAMARIA, hereby demands that you serve upon the undersigned
within thirty (30) days af ter the date senvice is made upon you of this notice, a Verified Bill
of Particulars, setting forth in detail the following:
1. The age, date of birth, social security number and post office address for the
plaintiff.
2. The date and approximate time of day of the subject occurrence.
3. The location of the alleged occurrence in sufficient detail to permit ready
identification.
4. The manner in which the subject accident occurred.
5. A detailed statement of the acts and/or omissions concrituting the negligence
claimed against the defendants.
6. If any violation of any statute, law, ordinance, rule, regulation or code is
claimed to have been violated by the answering defendants, identifying same by article,
section and paragraph numbers.
7. Whether it is claimed that the defendants had actual or constructive notice of
any alleged defective condition.
8. If actual notice is claimed, set forth the date and to whom notice was given;
if constructive notice is claimed, set forth the length of time it is alleged said condition
existed.
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9. A statement of all personal injuries claimed to have been sustained as a result
of the occurrence, and the nature and extent thereof.
10. A statement of such injuries claimed to be permanent and the nature and
extent thereof.
11. The length of time:
a. confined to a hospital, giving the name and address of said hospital;
b. confined to bed;
c. confined to house/home;
d. totally disabled;
e. partially disabled; and
12. Occupation(s) of the plaintiff, setting forth:
a. name of employer;
b. address of employer;
c. dates incapacitated from employment;
d. average weekly salary at the time of the accident; and
e. loss of earnings.
If plaintiff is a student, set forth:
a. Name of school attended;
b. Address;
c. Dates of absence;
13. Separately state the amounts claimed as special damages:
a. physician's services;
b. medical supplies;
c. hospital charges;
d. x-ray expenses;
e. nurse services;
f. loss of earnings; and
g. other expenses (itemize).
"13"
14. a. State if any of the amounts in answer to Paragraph have been
paid under coverage afforded by the Comprehensive Automobile Insurance Reparation Act.
b. The amount of such payment. List each item separately. c. Name of insurance
company making such payment and the claim number thereof.
injury"
15. State in what respect plaintiff will claim to have sustained (1) a "serious
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and (2) economic loss greater than "basic economic loss", as is required and defined under
the Insurance Law, Section 5102(a) and (b).
16. State whether it is claimed that any pre-existing condition or injury, including
neurologica! disturbance, psychiatric condition or physical condition of the plaintiff has been
aggravated as a result of the occurrence. If so: (1) specify each pre-existing condition/injury
that has been aggravated; and (2) state the manner in which each such condition/injury
has been aggravated.
17. State whether the vehicle in which the plaintiff was an occupant was equipped
with a lap seat, chest or shoulder harness; and indicate whether the plaintiff was wearing
said device at the time of the accident.
18. Where applicable, a detailed statement of plaintiff's automobile damage
setting forth:
a. itemized cost of repair or replacement;
b. make, style, model, year of manufacture, serial number and license
number of plaintiff's automobile;
c. claimed market value immediately prior to accident;
d. length of time plaintiff was deprived of said automobile and the
nature and amount of money damages claimed therefore.
e. the parts of the motor vehicle alleged to have been damaged and
the cost of repair or replacement.
f. date of purchase and original cost.
19. Set forth a description and itemization of all other alleged personal property
damage.
20. If loss of services is claimed, set forth a detailed description of said loss of
services, including the length of time the plaintiff claims deprived of same.
DATED: Bethpage, New York
January 30, 2020
DEBORAH S. REED, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendants
EVEREST SCAFFOLDING INC. and
JADERLYN A. GALAN SANTAMARIA
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No. 32 3485 V66
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TO: LEAV & STEINBERG, LLP
Attorneys for Plaintiff
75 Broad Street, Suite 1601
New York, NY 10004
(212) 766-5222
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------------------------------- ----------X Index No. 35123/19E
-fYKIMA THOMPSON,
Plaintiff,
COMBINED DEMAND
-against- FOR DISCOVERY
AND INSPECTION
EVEREST SCAFFOLDING INC. and JADERLYN A.
GALAN SANTAMARIA,
Defendants.
----- -------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120 and the applicable
rules of this Court, the defendants hereby demand that the Plaintiff serve upon and produce
at the offices of PICCIANO & SCAHILL, P.C., 1065 Stewart Avenue, Suite 210, Bethpage,
New York 11714, at 10:00 o'clock in the forenoon on March 16, 2020, for discovery and
inspection, photographing and copying the following:
1. The names and addresses of each person claimed by any party you represent,
to be a witness to any of the following:
a. the occurrence alleged in the complaint;
b. any acts, omissions or conditions which allegedly caused the
occurrence alleged in the complaint;
c. any actual notice allegedly given to the defendants or any empicyee
of defendants of any condition which allegedly caused the occurrence
alleged in the complaint;
d. the nature and duration of any condition which allegedly caused or
contributed to the occurrence set forth in the complaint;
e. the condition of the scene during and immediately following the
subject occurrence, including the position of the vehicles, where applicable;
f. any post-accident statements/admissions made by or on behalf of
the defendants;
g. the physical and mental conditions of, and the location of, the
parties, during and immediately following the subject occurrence;
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h. any person who the plaintiff intends to call to testify on the damages
portion of the trial, and their last known address.
The undersigned will object upon the trial of this matter as to the testimony of any
witness not specifically identified herein.
2. Each and every statement made by or on behalf of the defendants, their
agents, servants, and/or employees, now in your possession, custody or control, or in the
possession, custody or control of any party you represent in this action.
3. The names and addresses of all chiropractors and physio-
treating physicians,
therapists.
4. Copies of the medical reports of all physicians who have treated, examined or
x-rayed the party seeking recovery for the condition, disease or injury which is the subject
of this action or any p_rio_r related condition, disease or injury, whether or not such physician
technicians'
will testify at the trial hereof; identifying those x-rays and reports which will be
offered at trial, including reports of any prior related condition, disease or injury.
5. Duly executed, acknowledged, and original, HIPAA compliant, authorizations,
with Section 9A fully completed, permitting the undersigned to obtain and make copies
technicians'
of all hospital records, including x-rays and reports as may be referred to and
identified in any statements of the examined party's physicians.
6. a. Duly executed, acknowledged and original, HIPAA Compliant,
authorizations, with Section 9A fully completed, permitting the undersigned or their
representatives to examine and make copies of the office records of all physicians and others
who examined, attended, cared for and treated the plaintiff for the injury(ies) and
condition(s) and aggravation(s) for which damages are claimed in this lawsuit, including
actual x-rays, MRI, CT scans, test data and interpretations, consultations, diagnoses,
prognoses and medical history.
b. Duly executed, acknowledged and original HIPAA compliant
authorizations, with Section 9A fully completed, permitting the undersigned or their
representatives to examine and make copies of records of all physicians, hospitals and
others who examined, attended, cared for and treated the injured plaintiff prior to the
alleged occurrence involved in this lawsuit for injuries and conditions to the same parts of
the body allegedly injured in said occurrence.
7. AII photographs, audiotape, dvds, motion pictures, slides, videotape, and/or
surveillance in plaintifFs possession depicting:
a. the scene of the occurrence, including the subject intersection and/or
1
Preview
FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNW OF BRONX ------------ ----------- ---------- -- -----X Index No. 35123/19E WKIMA THOMPSON, Plaintiff, VERIFIED ANSWER -against- EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendants. --------------------------- ----------------------------X The defendants, EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, by their attorneys, PICCIANO & SCAHILL, P.C., as and for their Verified Answer, hereby allege as follows: FIRST: Deny having knowledge or information sufficient to form a belief as to each "1" and every allegation set forth in paragraphs enumerated through "8", "10", "13", "14", "17", "19", "20", "26". SECOND: Deny each and every allegation set forth in paragraphs enumerated "11", "12", "21", "22", "23", "24", "25", "27". AS AND FOR A FIRST SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE THIRD: The Plaintiff has failed to obtain personal jurisdiction over the defendants, EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA. AS AND FOR A SECOND SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE FOURTH: If it be determined that the Plaintiff failed to use available seat belts and/or harness, defendants plead said fact as an abm!ute defense on the issue of liability and in 1 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 mitigation of damages. AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE FIFTH: That whatever damages, personal or property, or wrongful death plaintiff may have sustained, if any, at the time and place alleged in the complaint, or any amendments thereto, if not caused in whole by the carelessness, negligence, assumption of risk and cu!pable conduct of the plaintiff, and/or plaintiff's intestate, were then caused for the most part by the carelessness, negligence, culpable conduct and want of care on the part of the plaintiff and/or plaintiff's intestate; and, if any carelessness, negligence or cu!pable conduct upon the part of defendant caused or contributed to such injury or wrongful death, such on the part of defendant bore only a slight proportion to the entire negligence, carelessness and culpable conduct attributable to both plaintiff and defendant in causing the accident and any resulting injury. AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE SIXTH: In the event Plaintiff recovers a verdict or judgment against these defendants, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part, for any past or future claimed economic loss, from any co!!ateral workers' source such as insurance, social security, compensation or employee benefits programs. 2 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 AS AND FOR A FIFTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE injury" SEVENTH: The accident described in the Complaint did not result in a "serious to Plaintiff as so defined in and by Section 5102(d) of the Insurance Law of the State of New York, and as such, Plaintiff had and has no right to institute, maintain or prosecute this action and is barred from doing so. The Plaintiff did not sustain serious injury as defined by Section 5102(d) and her exclusive remedy therefore is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE EIGHTH: The plaintiff's claims are barred by the emergency doctrine. Due to sudden and unexpected actions of the plaintiff, co-defendant, as yet unidentified party, or other emergency, the defendant was left without time to contemplate or weigh alternative courses of action and therefore cannot reasonably be held to the standard of care required of one who has had a full opportunity to reflect and therefore was not negligeñt. AS AND FOR A SEVENTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE NINTH: The plaintiff's cause of action is barred and/or non-actionable pursuant Workers' to the provisions of the New York State Compensation Law, Sections 11 and 29. WHEREFORE, the defendants, EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, demand judgment dismissing the complaint herein together with the costs and disbursements of this action. 3 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 DATED: Bethpage, New York January 30, 2020 DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendants EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No. 32 3485 V66 TO: LEAV & STEINBERG, LLP Attorneys for Plaintiff 75 Broad Street, Suite 1601 New York, NY 10004 (212) 766-5222 4 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------X Index No. 35123/19E TYKIMA THOMPSON , Plaintif f, DEMAND FOR BILL -against- OF PARTICULARS EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendants. _______________________________..__________.·------- ---------X PLEASE TAKE NOTICE, that the Defendants, EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, hereby demands that you serve upon the undersigned within thirty (30) days af ter the date senvice is made upon you of this notice, a Verified Bill of Particulars, setting forth in detail the following: 1. The age, date of birth, social security number and post office address for the plaintiff. 2. The date and approximate time of day of the subject occurrence. 3. The location of the alleged occurrence in sufficient detail to permit ready identification. 4. The manner in which the subject accident occurred. 5. A detailed statement of the acts and/or omissions concrituting the negligence claimed against the defendants. 6. If any violation of any statute, law, ordinance, rule, regulation or code is claimed to have been violated by the answering defendants, identifying same by article, section and paragraph numbers. 7. Whether it is claimed that the defendants had actual or constructive notice of any alleged defective condition. 8. If actual notice is claimed, set forth the date and to whom notice was given; if constructive notice is claimed, set forth the length of time it is alleged said condition existed. 5 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 9. A statement of all personal injuries claimed to have been sustained as a result of the occurrence, and the nature and extent thereof. 10. A statement of such injuries claimed to be permanent and the nature and extent thereof. 11. The length of time: a. confined to a hospital, giving the name and address of said hospital; b. confined to bed; c. confined to house/home; d. totally disabled; e. partially disabled; and 12. Occupation(s) of the plaintiff, setting forth: a. name of employer; b. address of employer; c. dates incapacitated from employment; d. average weekly salary at the time of the accident; and e. loss of earnings. If plaintiff is a student, set forth: a. Name of school attended; b. Address; c. Dates of absence; 13. Separately state the amounts claimed as special damages: a. physician's services; b. medical supplies; c. hospital charges; d. x-ray expenses; e. nurse services; f. loss of earnings; and g. other expenses (itemize). "13" 14. a. State if any of the amounts in answer to Paragraph have been paid under coverage afforded by the Comprehensive Automobile Insurance Reparation Act. b. The amount of such payment. List each item separately. c. Name of insurance company making such payment and the claim number thereof. injury" 15. State in what respect plaintiff will claim to have sustained (1) a "serious 6 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 and (2) economic loss greater than "basic economic loss", as is required and defined under the Insurance Law, Section 5102(a) and (b). 16. State whether it is claimed that any pre-existing condition or injury, including neurologica! disturbance, psychiatric condition or physical condition of the plaintiff has been aggravated as a result of the occurrence. If so: (1) specify each pre-existing condition/injury that has been aggravated; and (2) state the manner in which each such condition/injury has been aggravated. 17. State whether the vehicle in which the plaintiff was an occupant was equipped with a lap seat, chest or shoulder harness; and indicate whether the plaintiff was wearing said device at the time of the accident. 18. Where applicable, a detailed statement of plaintiff's automobile damage setting forth: a. itemized cost of repair or replacement; b. make, style, model, year of manufacture, serial number and license number of plaintiff's automobile; c. claimed market value immediately prior to accident; d. length of time plaintiff was deprived of said automobile and the nature and amount of money damages claimed therefore. e. the parts of the motor vehicle alleged to have been damaged and the cost of repair or replacement. f. date of purchase and original cost. 19. Set forth a description and itemization of all other alleged personal property damage. 20. If loss of services is claimed, set forth a detailed description of said loss of services, including the length of time the plaintiff claims deprived of same. DATED: Bethpage, New York January 30, 2020 DEBORAH S. REED, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendants EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No. 32 3485 V66 7 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 TO: LEAV & STEINBERG, LLP Attorneys for Plaintiff 75 Broad Street, Suite 1601 New York, NY 10004 (212) 766-5222 8 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------- ----------X Index No. 35123/19E -fYKIMA THOMPSON, Plaintiff, COMBINED DEMAND -against- FOR DISCOVERY AND INSPECTION EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendants. ----- -------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120 and the applicable rules of this Court, the defendants hereby demand that the Plaintiff serve upon and produce at the offices of PICCIANO & SCAHILL, P.C., 1065 Stewart Avenue, Suite 210, Bethpage, New York 11714, at 10:00 o'clock in the forenoon on March 16, 2020, for discovery and inspection, photographing and copying the following: 1. The names and addresses of each person claimed by any party you represent, to be a witness to any of the following: a. the occurrence alleged in the complaint; b. any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; c. any actual notice allegedly given to the defendants or any empicyee of defendants of any condition which allegedly caused the occurrence alleged in the complaint; d. the nature and duration of any condition which allegedly caused or contributed to the occurrence set forth in the complaint; e. the condition of the scene during and immediately following the subject occurrence, including the position of the vehicles, where applicable; f. any post-accident statements/admissions made by or on behalf of the defendants; g. the physical and mental conditions of, and the location of, the parties, during and immediately following the subject occurrence; 9 of 19 FILED: BRONX COUNTY CLERK 02/03/2020 09:35 AM INDEX NO. 35123/2019E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/03/2020 h. any person who the plaintiff intends to call to testify on the damages portion of the trial, and their last known address. The undersigned will object upon the trial of this matter as to the testimony of any witness not specifically identified herein. 2. Each and every statement made by or on behalf of the defendants, their agents, servants, and/or employees, now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action. 3. The names and addresses of all chiropractors and physio- treating physicians, therapists. 4. Copies of the medical reports of all physicians who have treated, examined or x-rayed the party seeking recovery for the condition, disease or injury which is the subject of this action or any p_rio_r related condition, disease or injury, whether or not such physician technicians' will testify at the trial hereof; identifying those x-rays and reports which will be offered at trial, including reports of any prior related condition, disease or injury. 5. Duly executed, acknowledged, and original, HIPAA compliant, authorizations, with Section 9A fully completed, permitting the undersigned to obtain and make copies technicians' of all hospital records, including x-rays and reports as may be referred to and identified in any statements of the examined party's physicians. 6. a. Duly executed, acknowledged and original, HIPAA Compliant, authorizations, with Section 9A fully completed, permitting the undersigned or their representatives to examine and make copies of the office records of all physicians and others who examined, attended, cared for and treated the plaintiff for the injury(ies) and condition(s) and aggravation(s) for which damages are claimed in this lawsuit, including actual x-rays, MRI, CT scans, test data and interpretations, consultations, diagnoses, prognoses and medical history. b. Duly executed, acknowledged and original HIPAA compliant authorizations, with Section 9A fully completed, permitting the undersigned or their representatives to examine and make copies of records of all physicians, hospitals and others who examined, attended, cared for and treated the injured plaintiff prior to the alleged occurrence involved in this lawsuit for injuries and conditions to the same parts of the body allegedly injured in said occurrence. 7. AII photographs, audiotape, dvds, motion pictures, slides, videotape, and/or surveillance in plaintifFs possession depicting: a. the scene of the occurrence, including the subject intersection and/or 1