Preview
FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
*****************************X
TONI CASTELLI, NOTICE FOR
DISCOVERY AND
INSPECTION AS TO
PRESENT AND PRIOR
ACCIDENTS
Plaintiff (s),
- against -
Index #: 617089/2019
DARE LOPEZ and GABRIELLA LOPEZ,
Defendant (s).
*****************************X
PLEASE TAKE NOTICE, that pummnt to the provision of Article 31 of the CPLR,
demand is hereby made that you produce at the office of the undersigned for discovery, inspection
and copying the following:
A_CCIDENT OF MAY 25,_2018
1. Duly execut-1 authorization(s) permitting the Defendant(s) to obtain
Plaintiff s No-Fault file relating to Plaintiff s May 25, 2018 motor vehicle accident from
ALLSTATE INSURANCE COMPANY, 21950 E. COPLEY DRIVE, DIAMOND BAR, CA
91765, CLAIM NO. 0503464935, POLICY N.
2. Duly executed HIPAA compliant authorizations permitting the Defendant(s)
to obtain records, reports and/or diagnostic test films, tracings and results nmintained the
by
following health care providers with regard to the Plaintiff(s):
(a) New York Spine Specialist
2001 Marcus Avenue, Suite 170
New Hyde Park, New York 11042
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(b) North Shore LIJ
P.O. Box 5051
New York, New York 10087
(c) PDCN Emergency Ambulance
P.O. Box 416659
Boston, MA 02241
(d) Stand Up MRI of Carle Place PC
P.O. Box 170
Farmingdale, New York 11735
(e) Spine Metrics Inc.
4 Trillium Way
Setauket, New York 11733
ACCIDENT OF NOVEMBER 28, 2017
1. Duly executed authorization(s) permitting the Defendant(s) to obtain
Plaintiffs No-Fault file relating to Plaintiffs May 25, 2018 motor vehicle accident from
ALLSTATE INSURANCE COMPANY, ROCKLAND MCO 3630, 400 RELLA BLVD. #210,
SUFFERN, NEW YORK 10901, CLAIMNO.: 0483591160, POLICY NO.: 000933582300.
2. Duly executed HIPAA coinpliant authorizations permitting the Defendant(s)
to obtain records, reports and/or diagnostic test films, tracings and results maintained by the
following health care providers with regard to the Plaintiff(s):
(a) Glen Cove Physical Medicine P.C.
P.O. Box 9004
New Hyde Park, New York 11040
(b) North Shore LIJ Urgent Care P.C.
P.O. Box 419068
Boston, Massachusetts 02241
(c) Stand Up MRI of Carle Place,
P.O. Box 170
Farmingdale, New York 11735
-2-
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(d) Glen Head Chiro & PT
189 Forest Avenue
Glen Cove, New York 11542
3. A duly executed authorization permitting the Defendant to obtain
Plaintiff's entire non-privileged portions of any legal file, from THE LAW OFFICES OF PAUL
AJLOUNY & ASSOC. PC, 320 Old Country Road, Suite 205, Garden City, New York 11530,
including but not limited to pleadings, bills of particulars, discovery derñânds and responses,
deposition transcripts, medical records, employment records, closing doeiiments etc., arising
from the aforesaid prior motor vehicle accident.
ACCIDENT OF NOVEMBER 15, 2013
1. Duly executed authorization(s) permitting the Defendant(s) to obtain
Plaintiffs No-Fault file relating to Plaintiffs May 25, 2018 motor vehicle accident from
ALLSTATE INSURANCE COMPANY, ROCKLAND MCO 3630, 400 RELLA BLVD. #210,
SUFFERN, NEW YORK 10901, CLAIM NO.: 0306332834, POLICY NO.: 000933582300.
2. Duly executed HIPAA compliant authorizations permitting the Defendant(s)
to obtain records, reports and/or diagnostic test films, tracings and results maintained by the
following health care providers with regard to the Plaintiff(s):
(a) Lawrence J. Robinson, M.D.
333 Glen Head Road
Glen Head, New York 11545
(b) North Shore LIJ Medical PC
P.O. Box 5051
New York, New York 10087
(c) PDCN Emergency Ambulance
P.O. Box 416659
Boston, MA 02241
-3-
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(d) Pro Sports Physical Therapy
467 New York Avenue
Huntington, New York 11743
(e) Sports Physical Therapy of NY
8 N. Oceanside Road
Rockville Centre, New York 11570
(f) Syosset Hospital
P.O. Box 415967
Boston, MA 02241
(g) Glen Cove Hospital
101 Saint Andrews Lane
Glen Cove, New York 11542
3. A duly executed authorization permitting the Defendant to obtain
PlaintifPs entire non-privileged portions of any legal file, from THE LAW OFFICES OF
MAHIR S. NISAR, P.C., 55 West Old Country Road, Hicksville, New York 11801, including
but not limited to pleadings, bills of particulars, discovery demands and responses, deposition
transcripts, medical records, employment records, closing documents, etc., arising from the
aforesaid prior motor vehicle accident.
ACCIDENT OF NOVEMBER 18. 2007
1. Duly executed authorization(s) permitting the Defendant(s) to obtain
Plaintiffs No-Fault file relating to Plaintiff's May 25, 2018 motor vehicle accident from GEICO
INDEMNITY COMPANY, 750 WOODBURY ROAD, WOODBURY, NEW YORK 11797,
CLAIM NO.: 0278968250101030, POLICY NO.: 4037382043.
-4-
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020
PLEASE TAKE FURTHER NOTICE that this is a continuous demand. In the event
any of the above items are obtained after service of this demand, they are to be furnished to this
office pursuant to this demand.
Dated: Garden City, New York
February 10, 2020
Yours etc.,
LAW OFFICES OF DENIS J.KENNEDY
Attorneys for Defendant(s)
DARE LOPEZ AND GABRIELLA LOPEZ
Office and P.O. Address
1325 Franklin Avenue, Suite 340
Garden City, New York 11530
(516) 741-2121
File #: 2019-48671 RSN
To: PAUL AJLOUNY & ASSOCIATES, P.C.
Attorney(s) for Plaintiff
TONI CASTELLI
320 Old Country Road, Suite 205
Garden City, New York 11530
-5-
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
*****************************X
TONI CASTELLI, CERTIFICATION
Plaintiff (s),
- against -
DARE LOPEZ and GABRIELLA LOPEZ,
Defendant (s).
*****************************X
CERTIFICATION PURSUANT TO §130-1.1-a OF THE
RULES OF THE CHIEF ADMINISTRATOR (22NYCRR)
The undersigned certifies the following documents pursuant to 22NYCRR§130-1.1-a:
NOTICE FOR DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR
ACCIDENTS
Dated: Garden City, New York
February 10, 2020
LAW OFFICES OF DENIS J. KENNEDY
BY: __
ROBERT S. NIES
Attorney for Defendant(s)
DARE LOPEZ AND GABRIELLA LOPEZ
Office & P. O. Address
1325 Franklin Avenue, Suite 340
Garden City, New York 11530
(516) 741-2121
File #:2019-48671 RSN
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020
AFFIDAVIT OF SERVICE
STATE OF NEW YORK)
)SS.:
COUNTY OF NASSAU)
Meagan A. Kedenburg, being duly sworn, deposes and says:
That deponent is over the age of 18 years, is not a party to this lawsuit and resides in
Seaford, New York.
That on the day of February, 2020 deponent served the within NOTICE FOR
DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR ACCIDENTS upon:
PAUL AJLOUNY & ASSOCIATES, P.C.
Attorney(s) for Plaintiff
TONI CASTELLI
320 Old Country Road, Suite 205
Garden City, New York 11530
the addresses designated by said attorney for that purpose, by depositing a true copy of same,
enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive care
and custody of the United States Post Office Department within the State of New York.
7 EAGAlid)[ KEi)ENÈURG
S to b o me-this
Notary Public
ROBERT S. NIES
NOTARY PUBLIC, State ofNew York
02Nl4885369
in Nassau
Q ualified County
Commission ExpiresJanuary 20,20
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FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020
Index No. 617089/2019 Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
......_,__..
TONI CASTELLI,
Plaintiff (s),
- against -
DARE LOPEZ and GABRIELLA L OPEZ,
Defendant (s).
NOTICE FOR DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR ACCIDENTS
THE LAW OFFICES OF
DENIS J. IGNNEDY
Attorney for Defendants DARE LOPEZ and GABRIELLA LOPEZ
Oflce and Post Ofice Address
1325 FRANKLIN AVENUE, SUITE 340
GARDEN CITY, NEW YORK 11530
(516) 741-2121
To
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated,
____________----------..---------------------
Attorney(s) for
Please takenotice
o NOTICE OF ENTRY
thatthe within true
is a (certified) copy of a
duly enteredin the office
of the clerk
of the within
named courton 19
a NOTICE OF SETTLEMENT
thatan order ofwhich the within
is a true
copy willbe presentedfor
httlementto the HON. one of the judges
of the within
named at
court,
on 19 at M.
Dated,
Yours, etc.
THE LAW OFFICES OF
DENIS J. KENNEDY
To Attorneys for Def֖demis DARE LOPEZ and GABRIELLA
LOPEZ
Office and Post OfficeAddress
Attorney(s) for 1325 FRANKLIN AVENUE, SUITE 340
GARDEN CITY, NEW YORK 11530
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Preview
FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU *****************************X TONI CASTELLI, NOTICE FOR DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR ACCIDENTS Plaintiff (s), - against - Index #: 617089/2019 DARE LOPEZ and GABRIELLA LOPEZ, Defendant (s). *****************************X PLEASE TAKE NOTICE, that pummnt to the provision of Article 31 of the CPLR, demand is hereby made that you produce at the office of the undersigned for discovery, inspection and copying the following: A_CCIDENT OF MAY 25,_2018 1. Duly execut-1 authorization(s) permitting the Defendant(s) to obtain Plaintiff s No-Fault file relating to Plaintiff s May 25, 2018 motor vehicle accident from ALLSTATE INSURANCE COMPANY, 21950 E. COPLEY DRIVE, DIAMOND BAR, CA 91765, CLAIM NO. 0503464935, POLICY N. 2. Duly executed HIPAA compliant authorizations permitting the Defendant(s) to obtain records, reports and/or diagnostic test films, tracings and results nmintained the by following health care providers with regard to the Plaintiff(s): (a) New York Spine Specialist 2001 Marcus Avenue, Suite 170 New Hyde Park, New York 11042 1 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 (b) North Shore LIJ P.O. Box 5051 New York, New York 10087 (c) PDCN Emergency Ambulance P.O. Box 416659 Boston, MA 02241 (d) Stand Up MRI of Carle Place PC P.O. Box 170 Farmingdale, New York 11735 (e) Spine Metrics Inc. 4 Trillium Way Setauket, New York 11733 ACCIDENT OF NOVEMBER 28, 2017 1. Duly executed authorization(s) permitting the Defendant(s) to obtain Plaintiffs No-Fault file relating to Plaintiffs May 25, 2018 motor vehicle accident from ALLSTATE INSURANCE COMPANY, ROCKLAND MCO 3630, 400 RELLA BLVD. #210, SUFFERN, NEW YORK 10901, CLAIMNO.: 0483591160, POLICY NO.: 000933582300. 2. Duly executed HIPAA coinpliant authorizations permitting the Defendant(s) to obtain records, reports and/or diagnostic test films, tracings and results maintained by the following health care providers with regard to the Plaintiff(s): (a) Glen Cove Physical Medicine P.C. P.O. Box 9004 New Hyde Park, New York 11040 (b) North Shore LIJ Urgent Care P.C. P.O. Box 419068 Boston, Massachusetts 02241 (c) Stand Up MRI of Carle Place, P.O. Box 170 Farmingdale, New York 11735 -2- 2 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 (d) Glen Head Chiro & PT 189 Forest Avenue Glen Cove, New York 11542 3. A duly executed authorization permitting the Defendant to obtain Plaintiff's entire non-privileged portions of any legal file, from THE LAW OFFICES OF PAUL AJLOUNY & ASSOC. PC, 320 Old Country Road, Suite 205, Garden City, New York 11530, including but not limited to pleadings, bills of particulars, discovery derñânds and responses, deposition transcripts, medical records, employment records, closing doeiiments etc., arising from the aforesaid prior motor vehicle accident. ACCIDENT OF NOVEMBER 15, 2013 1. Duly executed authorization(s) permitting the Defendant(s) to obtain Plaintiffs No-Fault file relating to Plaintiffs May 25, 2018 motor vehicle accident from ALLSTATE INSURANCE COMPANY, ROCKLAND MCO 3630, 400 RELLA BLVD. #210, SUFFERN, NEW YORK 10901, CLAIM NO.: 0306332834, POLICY NO.: 000933582300. 2. Duly executed HIPAA compliant authorizations permitting the Defendant(s) to obtain records, reports and/or diagnostic test films, tracings and results maintained by the following health care providers with regard to the Plaintiff(s): (a) Lawrence J. Robinson, M.D. 333 Glen Head Road Glen Head, New York 11545 (b) North Shore LIJ Medical PC P.O. Box 5051 New York, New York 10087 (c) PDCN Emergency Ambulance P.O. Box 416659 Boston, MA 02241 -3- 3 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 (d) Pro Sports Physical Therapy 467 New York Avenue Huntington, New York 11743 (e) Sports Physical Therapy of NY 8 N. Oceanside Road Rockville Centre, New York 11570 (f) Syosset Hospital P.O. Box 415967 Boston, MA 02241 (g) Glen Cove Hospital 101 Saint Andrews Lane Glen Cove, New York 11542 3. A duly executed authorization permitting the Defendant to obtain PlaintifPs entire non-privileged portions of any legal file, from THE LAW OFFICES OF MAHIR S. NISAR, P.C., 55 West Old Country Road, Hicksville, New York 11801, including but not limited to pleadings, bills of particulars, discovery demands and responses, deposition transcripts, medical records, employment records, closing documents, etc., arising from the aforesaid prior motor vehicle accident. ACCIDENT OF NOVEMBER 18. 2007 1. Duly executed authorization(s) permitting the Defendant(s) to obtain Plaintiffs No-Fault file relating to Plaintiff's May 25, 2018 motor vehicle accident from GEICO INDEMNITY COMPANY, 750 WOODBURY ROAD, WOODBURY, NEW YORK 11797, CLAIM NO.: 0278968250101030, POLICY NO.: 4037382043. -4- 4 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 PLEASE TAKE FURTHER NOTICE that this is a continuous demand. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office pursuant to this demand. Dated: Garden City, New York February 10, 2020 Yours etc., LAW OFFICES OF DENIS J.KENNEDY Attorneys for Defendant(s) DARE LOPEZ AND GABRIELLA LOPEZ Office and P.O. Address 1325 Franklin Avenue, Suite 340 Garden City, New York 11530 (516) 741-2121 File #: 2019-48671 RSN To: PAUL AJLOUNY & ASSOCIATES, P.C. Attorney(s) for Plaintiff TONI CASTELLI 320 Old Country Road, Suite 205 Garden City, New York 11530 -5- 5 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU *****************************X TONI CASTELLI, CERTIFICATION Plaintiff (s), - against - DARE LOPEZ and GABRIELLA LOPEZ, Defendant (s). *****************************X CERTIFICATION PURSUANT TO §130-1.1-a OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR) The undersigned certifies the following documents pursuant to 22NYCRR§130-1.1-a: NOTICE FOR DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR ACCIDENTS Dated: Garden City, New York February 10, 2020 LAW OFFICES OF DENIS J. KENNEDY BY: __ ROBERT S. NIES Attorney for Defendant(s) DARE LOPEZ AND GABRIELLA LOPEZ Office & P. O. Address 1325 Franklin Avenue, Suite 340 Garden City, New York 11530 (516) 741-2121 File #:2019-48671 RSN 6 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 AFFIDAVIT OF SERVICE STATE OF NEW YORK) )SS.: COUNTY OF NASSAU) Meagan A. Kedenburg, being duly sworn, deposes and says: That deponent is over the age of 18 years, is not a party to this lawsuit and resides in Seaford, New York. That on the day of February, 2020 deponent served the within NOTICE FOR DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR ACCIDENTS upon: PAUL AJLOUNY & ASSOCIATES, P.C. Attorney(s) for Plaintiff TONI CASTELLI 320 Old Country Road, Suite 205 Garden City, New York 11530 the addresses designated by said attorney for that purpose, by depositing a true copy of same, enclosed in a postpaid, properly addressed wrapper in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York. 7 EAGAlid)[ KEi)ENÈURG S to b o me-this Notary Public ROBERT S. NIES NOTARY PUBLIC, State ofNew York 02Nl4885369 in Nassau Q ualified County Commission ExpiresJanuary 20,20 7 of 8 FILED: NASSAU COUNTY CLERK 02/10/2020 03:46 PM INDEX NO. 617089/2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 02/10/2020 Index No. 617089/2019 Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ......_,__.. TONI CASTELLI, Plaintiff (s), - against - DARE LOPEZ and GABRIELLA L OPEZ, Defendant (s). NOTICE FOR DISCOVERY AND INSPECTION AS TO PRESENT AND PRIOR ACCIDENTS THE LAW OFFICES OF DENIS J. IGNNEDY Attorney for Defendants DARE LOPEZ and GABRIELLA LOPEZ Oflce and Post Ofice Address 1325 FRANKLIN AVENUE, SUITE 340 GARDEN CITY, NEW YORK 11530 (516) 741-2121 To Attorney(s) for Service of a copy of the within is hereby admitted. Dated, ____________----------..--------------------- Attorney(s) for Please takenotice o NOTICE OF ENTRY thatthe within true is a (certified) copy of a duly enteredin the office of the clerk of the within named courton 19 a NOTICE OF SETTLEMENT thatan order ofwhich the within is a true copy willbe presentedfor httlementto the HON. one of the judges of the within named at court, on 19 at M. Dated, Yours, etc. THE LAW OFFICES OF DENIS J. KENNEDY To Attorneys for Def÷ñdemis DARE LOPEZ and GABRIELLA LOPEZ Office and Post OfficeAddress Attorney(s) for 1325 FRANKLIN AVENUE, SUITE 340 GARDEN CITY, NEW YORK 11530 8 of 8