Preview
FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------,.----....----- ---------------X
LUIS E. RIVERA, Index No.: 617067/19E
Plaintiff, VERIFIED ANSWER
-against-
YVETTE GAYLE,
Defendant.
The defendant, YVETTE GAYLE, by her attorneys, KELLY, RODE & KELLY, LLP,
answering the Complaint of the plaintiff herein:
ANSWERING EACH AND EVERY CAUSE
OF ACTION OF THE COMPLAINT _-
FIRST: Denies any knowledge or information sufficient to form a belief as
to the truth of the allegations contained in paragraph numbered "1", "4", "6", "7", "8", "11", "20",
"23"
and of the Complaint.
SECOND: Denies any knowledge or information sufficient to form a belief as
"10"
to the truth of the allegations contained in paragraph numbered of the Complaint except to
admit contact between the vehicles.
THIRD: Denies any knowledge or information sufficient to form a belief as
"22"
to the truth of the allegations contained in paragraphs numbered "21", and of the Complaint
and refers all questioÅs of law to the Court.
FOURTH: Denies each and every allegation contained in paragraph numbered
"3"
of the Complaint.
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FIFTH: Denies, upon information and belief, each and every allegation
"24"
contained in paragraphs numbered "13", "14", "15", "16", "17", "18", "19", and of the
Complaint.
SIXTH: Repeats, reiterates and realleges each and every admission and
denial heretofore made to the allegations contained in the paragraphs menticñed in paragraph
"12"
numbered of the Complaint with the same force and effect as if here repeated and again set
forth at length.
FOR A FIRST, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
SEVENTH: , That the answering defendants, if found to be at all liable, are
entitled to a limitation of that liability pursuant to Article 16 of the CPLR.
FOR A SECOND, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
EIGHTH: That any injuries or damages sustained by the plaintiff were
occasicñed through the negHeanne and culpable conduct on the part of the plaintiff.
FORA THIRD, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
NINTH: That the defeñdañt was faced with an emergency and that he/she
was not negligent since without any opportunity for deliberation, he/she acted as a reasoñâbly
prudent person would act under the same emergency circumstances.
FOR A FOURTH, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
TENTH: If any damages are recoverable against the answering defendant(s),
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the amount of such damages shall be reduced the amount of benefits which plaintiff(s) have or
by
will receive from collateral sources pursuant to the provisions of Civil Practice Law and Rules
Section for present or future cost or expense incurred or to be incurred by the
4545(c) any past,
for medical care, dental care, custodial care or rehabilitation services, loss of earnings
plaintiff(s)
or any and all other economic loss that was or will, with reamnable certainty, be replaced or
indemnified in whole or in part, by collateral sources.
FOR A FIFTH, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
ELEVENTH: The action, in whole or in part, is barred by assumption of risk.
FOR A SIXTH, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPQN INFORMATION A__ND BELIEF:
TWELFTH: That the party making claims failed to mitigate damages.
FOR A SEVENTH, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
injury"
THIRTEENTH: The plaintiff has not sustained a "serious as defined in
Section 5102(d) of the Insurance Law of the State of New York and is thereby not entitled,
pursuant to Section 5104(a) of the insurance Law of the State of New York, to enmmme and
maintain this action.
FOR A EIGHTH, SEPARATE AND COMPLETE DEFENSE
THE DEFENDANT RESPECTFULLY SHOWS THIS COURT,
UPON INFORMATION AND BELIEF:
FOURTEENTH: That the plaintiff's damages should be reduced as a result of the
failure to utilize available safety devices and restraints.
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WHEREFORE, the defendant, YVETTE GAYLE, demand judgment against the
plaintiff dismissing the Complaint herein, together with costs and disbursements of this action.
Dated: Mineola, New York
March 2, 2020
Yours, etc.
KELLY, RODE & KELLY, LLP
BY:
AMMAR S. JAB
Attorneys for Defendant
330 Old Road - Suite 305
Country
Mineola, New York 11501
(516) 739-0400
Our File No.: HMW/ASJ 158730-326
TO: ALEX YADG AROV & ASSOCIATES, P.C.
Attorneys for Plaintiff
One Cross Ishmd Plaza
Suite 203
Rosedale, New York 11422
(718) 276-2800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
__------------------------,.___________------------------------------X
LUIS E. RIVERA, Index No.: 617067/19E
Plaintiff, DEMAND FOR A
VERIFIED BILL
-against- OF PARTICULARS
YVETTE GAYLE,
Defendant.
----------------------------------------- ---.------¬_--x
COUNSELORS:
PLEASE TAKE NOTICE, the defendant(s), YVETTE GAYLE, demands that you
serve upon the undersigned a detailed verified statement relative to the plaintiffs claim as alleged
in the Complaint, within thirty (30) days after service of this demand.
PLEASE TAKE FURTHER NOTICE, that upon failure of the plaintiff to supply
the particulars herein demeded within thirty (30) days after service of this demand the
de'=±=+ will move for an Order relief pursuant to CPLR 3042 and 3126. The
seeking
particulars sought are:
1. The date, approximate time of the day, and the exact location of the occurrence.
2. A general statement of the acts or omissions constituting the negligence claimed and a
statement of each and every statute or ordinance which it is claimed the defendant
violated.
3. (a) Statement of the injuries claimed, and (b) description of those claimed to be
permanent.
4. Length of time plaintiff(s) will claim confinement to (a) hospital; (b) bed and (c) house.
5. Length of time plaintiff(s) will claim incapacitãted from employment and (a) nature and
character of employment; (b) scale of carñings; (c) total loss of earnings claimed; (d)
name and address of last employer.
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6. The date plaintiff returned to any employment.
7. Post Office and residence address of plaintiff(s) (Rule 3118 CPLR).
nurses'
8. Total amount claimed as special damages for (a) hospital expêñses, if any; (b)
physicians'
services, if any; (c) services; and (d) medical supplies.
9. Set forth the social security number of the plaintiff(s).
10. Set forth the date of birth of the plaintiff.
11. Set forth all Statutes, Ordiñañces, Rules, Codes, Regulations and Administrative Code
Sections plaintiff alleges this answeriñg defendant violated.
injuries"
12. State the basis for plaintiffs claim of "serious as defined by the Insurance Law
of the State of New York.
13. State the name of the public highway and the approximate location thereon, including the
approximate distmee from the nearest intersecting street and the name thereof, plaintiff
will claim this alleged accident took place.
14. State the direction in which it will be claimed the plaintiffs vehicle was proceeding.
15. State the direction it will be claimed that the motor vehicle in which the plentiff was
riding was proceeding.
16. State the direction the plaintiff will claim defendant's motor vehicle was proceeding.
17. State the make, model and year of the motor vehicle which plaintiff claims was damaged.
18. State the value of the plaintiffs motor vehicle prior to the accident.
19. Provide an itemized statement of all sums of money expended by the plaintiff to repair
the damage td the plaintiffs motor vehicle sustaiñêd in the accident complained of.
Dated: Mineola, New York
March 2, 2020
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Yours, etc.
KELLY, RODE & KELLY, LLP
BY: , A1/V
AMMAR S. J R
Attorneys for Defendant
330 Old Road - Suite 305
Country
Mineola, New York 11501
(516) 739-0400
Our File No.: HMW/ASJ 158730-326
TO: ALEX YADGAROV & ASSOCIATES, P.C.
Attorneys for Plaintiff
One Cross Island Plaza
Suite 203
Rosedale, New York 11422
(718) 276-2800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
---------------¬----------------------_____________-----------------X
LUIS E. RIVERA, Index No.: 617067/19E
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON
-against- ORAL EXAMINATION
YVETTE GAYLE,
Defendant.
--------------------------------------- -------------------x
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law
and Rules the testimony, upon oral examination of LUIS E. RIVERA, whose address is c/o his
attorneys, as an adverse party, will be taken before a Notary Public who is not an attorney, or
employee of an attorney, for any party or prospective party herein and is not a person who would
be disqualified to act as a juror because of interest or because of consanguinity or affinity to any
party herein at a date, time and place to be determined with respect to evidence material
necessary in the defense of this action.
Dated: Mineola, New York
March 2, 2020
Yours, etc.
KELLY, RODE & KELLY, LLP
BY:
AMMAR S. J R
Attorneys for Defendant
330 Old Road - Suite 305
Country
Mineola, New York 11501
(516) 739-0400
Our File No.: HMW/ASJ 158730-326
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TO: ALEX YADGAROV & ASSOCIATES, P.C.
Attorneys for Plaintiff
One Cross Isl nd Plaza
Suite 203
Rosedale, New York 11422
(718) 276-2800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________----------------------------------------------------------X
LUIS E. RIVERA, IndeX No.: 617067/19E
Plaintiff, DEMAND FOR
-against- AUTHORIZATIONS
YVETTE GAYLE,
Defendant.
___________________________ _____________________________----------X
C O U N S E L O R 8 :
PLEASE TAIΠNOTICE, that you are hereby required to furnish the undersigned
attorneys duly eXecuted and acknowledged HIPAA compliant authorizations, which include the
full name and address of the party to whom the authorizations apply, permitting this office to
obtain the complete records including, but not limited to, any and all tests performed, X-ray films,
diagnostic procedures and consults of the following:
1. ALLSTATE - no fault file
2. Queens County Acupuncture
3. Luminary Acupuncture
4. Soul Radiology
5. Dr Joseph Stephan
6. Dr Michael Tamburo
7. Dr Herschel Kotkes
8. Kazu Chiropractic
PLEASE TAKE FURTHER NOTICE, that Item 9a on the authorizations that
pertain to records mental health information and HIV-
involving alcohol/drug treatment;
related information must be initialed.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand within
twenty (20) days will serve as a basis of a motion seeking appropriate relief.
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PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and
the demanding party will object at time of trial to the introduction of any testimony or evidence
which flows from the existence of such documents or information which have not been
produced.
PLEASE TAKE FURTHER NOTICE, that all authorizations should designate Kelly,
Rode & Kelly, LLP as the Releasee.
Dated: Mineola, New York
March 2, 2020
Yours, etc.
KELLY, RODE & KELLY, LLP
BY: ξ¾A
AMMAR S. JA R
Attorneys for Defendant
330 Old Road - Suite 305
Country
Mineola, New York 11501
(516) 739-0400
Our File No.: HMW/ASJ 158730-326
TO: ALEX YADGAROV & ASSOCIATES, P.C.
Attorneys for Plaintiff
One Cross Island Plaza
Suite 203
Rosedale, New York 11422
(718) 276-2800
11 of 29
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!
! . ..
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
LUIS E. RIVERA, Index No.: 617067/19E
Plaintiff, QM_.NIBUS DEMANDS
-against-
YVETTE GAYLE,
Defendant.
DEMAND FOR COLLATERAL SOURCES
PLEASE TAKE NOTICE, that you are hereby required to furnish to the
undersigned within (30) days thereof pursuant to Sections 3101 and 4545 of the CPLR, all
doce-ents, bills, invoices, receipts or cancelled checks concerning indemnification, payment
and/or reimbursementc, in whole or in part, which plaintiff has received from collateral sources
- but not limited to - insurance, social workmen's compensation or employee
including security,
benefit programs for the cost of medical care, custodial care, rehabilitation services, loss of
earñiñgs and other economic loss which the plaintiff will claim as special damages in this action.
PLEASE TAKE FURTHER NOTICE, that failure to comply with the above
mentioned request will render the plaintiff subject to available provisions provided under the
CPLR and that this demand is to be considered a continuing demand.
NOTICE FOR DISCOVERY PURSUANT TO CPLR 3101(d)
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d) you are required to serve upon
the undersigned the following information within the time limits set forth in the CPLR.
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1. The name, home address, and professional or office address of each person you intend
to call as an expert witness at trial specifically includiñg but not limited to any medical,
ecanamic, engineering, accident reconstruction design or other expert from whom you intend to
elicit opinion testimony on any issue relating to liability or damages in the above captioned
matter.
2. For each expert you intend to call at trial separately state the following in reasonable
detail:
a) The subject matter on which such expert is to testify.
b) The qualifications of such expert as will be offered at trial.
c) The substance of the facts upon which such expert will rely.
d) The substance of the opinion to which such expert will testify.
e) A summary of the grounds for such experts opinion.
3. If no experts will be called by you at trial, affirmatively so state.
PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand
requiring disclos=es of any demanded information obtained by you which would be required to
be disclosed by you immediately upon your obtaining or developing such information.
PLEASE TAKE FURTHER NOTICE, that the demanding party will seek
preclusion or other appropriate relief at the time of trial with respect to the testimony of any
expert concerning whom there has not been full reasonable disclesüre pursuant to this demand.
NOTICE FOR DISCOVERY & INSPECTION
PLEASE TAKE NOTICE, that pursuânt to Article 31 of the CPLR, you are required to
serve upon the undersigned within twenty (20) days of the date hereof, the following documents
and information:
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1. The name and address of any e
Preview
FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------,.----....----- ---------------X LUIS E. RIVERA, Index No.: 617067/19E Plaintiff, VERIFIED ANSWER -against- YVETTE GAYLE, Defendant. The defendant, YVETTE GAYLE, by her attorneys, KELLY, RODE & KELLY, LLP, answering the Complaint of the plaintiff herein: ANSWERING EACH AND EVERY CAUSE OF ACTION OF THE COMPLAINT _- FIRST: Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph numbered "1", "4", "6", "7", "8", "11", "20", "23" and of the Complaint. SECOND: Denies any knowledge or information sufficient to form a belief as "10" to the truth of the allegations contained in paragraph numbered of the Complaint except to admit contact between the vehicles. THIRD: Denies any knowledge or information sufficient to form a belief as "22" to the truth of the allegations contained in paragraphs numbered "21", and of the Complaint and refers all questioÅs of law to the Court. FOURTH: Denies each and every allegation contained in paragraph numbered "3" of the Complaint. 1 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 FIFTH: Denies, upon information and belief, each and every allegation "24" contained in paragraphs numbered "13", "14", "15", "16", "17", "18", "19", and of the Complaint. SIXTH: Repeats, reiterates and realleges each and every admission and denial heretofore made to the allegations contained in the paragraphs menticñed in paragraph "12" numbered of the Complaint with the same force and effect as if here repeated and again set forth at length. FOR A FIRST, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: SEVENTH: , That the answering defendants, if found to be at all liable, are entitled to a limitation of that liability pursuant to Article 16 of the CPLR. FOR A SECOND, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: EIGHTH: That any injuries or damages sustained by the plaintiff were occasicñed through the negHeanne and culpable conduct on the part of the plaintiff. FORA THIRD, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: NINTH: That the defeñdañt was faced with an emergency and that he/she was not negligent since without any opportunity for deliberation, he/she acted as a reasoñâbly prudent person would act under the same emergency circumstances. FOR A FOURTH, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: TENTH: If any damages are recoverable against the answering defendant(s), 2 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 the amount of such damages shall be reduced the amount of benefits which plaintiff(s) have or by will receive from collateral sources pursuant to the provisions of Civil Practice Law and Rules Section for present or future cost or expense incurred or to be incurred by the 4545(c) any past, for medical care, dental care, custodial care or rehabilitation services, loss of earnings plaintiff(s) or any and all other economic loss that was or will, with reamnable certainty, be replaced or indemnified in whole or in part, by collateral sources. FOR A FIFTH, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: ELEVENTH: The action, in whole or in part, is barred by assumption of risk. FOR A SIXTH, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPQN INFORMATION A__ND BELIEF: TWELFTH: That the party making claims failed to mitigate damages. FOR A SEVENTH, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: injury" THIRTEENTH: The plaintiff has not sustained a "serious as defined in Section 5102(d) of the Insurance Law of the State of New York and is thereby not entitled, pursuant to Section 5104(a) of the insurance Law of the State of New York, to enmmme and maintain this action. FOR A EIGHTH, SEPARATE AND COMPLETE DEFENSE THE DEFENDANT RESPECTFULLY SHOWS THIS COURT, UPON INFORMATION AND BELIEF: FOURTEENTH: That the plaintiff's damages should be reduced as a result of the failure to utilize available safety devices and restraints. 3 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 WHEREFORE, the defendant, YVETTE GAYLE, demand judgment against the plaintiff dismissing the Complaint herein, together with costs and disbursements of this action. Dated: Mineola, New York March 2, 2020 Yours, etc. KELLY, RODE & KELLY, LLP BY: AMMAR S. JAB Attorneys for Defendant 330 Old Road - Suite 305 Country Mineola, New York 11501 (516) 739-0400 Our File No.: HMW/ASJ 158730-326 TO: ALEX YADG AROV & ASSOCIATES, P.C. Attorneys for Plaintiff One Cross Ishmd Plaza Suite 203 Rosedale, New York 11422 (718) 276-2800 4 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU __------------------------,.___________------------------------------X LUIS E. RIVERA, Index No.: 617067/19E Plaintiff, DEMAND FOR A VERIFIED BILL -against- OF PARTICULARS YVETTE GAYLE, Defendant. ----------------------------------------- ---.------¬_--x COUNSELORS: PLEASE TAKE NOTICE, the defendant(s), YVETTE GAYLE, demands that you serve upon the undersigned a detailed verified statement relative to the plaintiffs claim as alleged in the Complaint, within thirty (30) days after service of this demand. PLEASE TAKE FURTHER NOTICE, that upon failure of the plaintiff to supply the particulars herein demeded within thirty (30) days after service of this demand the de'=±=+ will move for an Order relief pursuant to CPLR 3042 and 3126. The seeking particulars sought are: 1. The date, approximate time of the day, and the exact location of the occurrence. 2. A general statement of the acts or omissions constituting the negligence claimed and a statement of each and every statute or ordinance which it is claimed the defendant violated. 3. (a) Statement of the injuries claimed, and (b) description of those claimed to be permanent. 4. Length of time plaintiff(s) will claim confinement to (a) hospital; (b) bed and (c) house. 5. Length of time plaintiff(s) will claim incapacitãted from employment and (a) nature and character of employment; (b) scale of carñings; (c) total loss of earnings claimed; (d) name and address of last employer. 5 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 6. The date plaintiff returned to any employment. 7. Post Office and residence address of plaintiff(s) (Rule 3118 CPLR). nurses' 8. Total amount claimed as special damages for (a) hospital expêñses, if any; (b) physicians' services, if any; (c) services; and (d) medical supplies. 9. Set forth the social security number of the plaintiff(s). 10. Set forth the date of birth of the plaintiff. 11. Set forth all Statutes, Ordiñañces, Rules, Codes, Regulations and Administrative Code Sections plaintiff alleges this answeriñg defendant violated. injuries" 12. State the basis for plaintiffs claim of "serious as defined by the Insurance Law of the State of New York. 13. State the name of the public highway and the approximate location thereon, including the approximate distmee from the nearest intersecting street and the name thereof, plaintiff will claim this alleged accident took place. 14. State the direction in which it will be claimed the plaintiffs vehicle was proceeding. 15. State the direction it will be claimed that the motor vehicle in which the plentiff was riding was proceeding. 16. State the direction the plaintiff will claim defendant's motor vehicle was proceeding. 17. State the make, model and year of the motor vehicle which plaintiff claims was damaged. 18. State the value of the plaintiffs motor vehicle prior to the accident. 19. Provide an itemized statement of all sums of money expended by the plaintiff to repair the damage td the plaintiffs motor vehicle sustaiñêd in the accident complained of. Dated: Mineola, New York March 2, 2020 6 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 Yours, etc. KELLY, RODE & KELLY, LLP BY: , A1/V AMMAR S. J R Attorneys for Defendant 330 Old Road - Suite 305 Country Mineola, New York 11501 (516) 739-0400 Our File No.: HMW/ASJ 158730-326 TO: ALEX YADGAROV & ASSOCIATES, P.C. Attorneys for Plaintiff One Cross Island Plaza Suite 203 Rosedale, New York 11422 (718) 276-2800 7 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ---------------¬----------------------_____________-----------------X LUIS E. RIVERA, Index No.: 617067/19E Plaintiff, NOTICE TO TAKE DEPOSITION UPON -against- ORAL EXAMINATION YVETTE GAYLE, Defendant. --------------------------------------- -------------------x COUNSELORS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of LUIS E. RIVERA, whose address is c/o his attorneys, as an adverse party, will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein at a date, time and place to be determined with respect to evidence material necessary in the defense of this action. Dated: Mineola, New York March 2, 2020 Yours, etc. KELLY, RODE & KELLY, LLP BY: AMMAR S. J R Attorneys for Defendant 330 Old Road - Suite 305 Country Mineola, New York 11501 (516) 739-0400 Our File No.: HMW/ASJ 158730-326 8 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 TO: ALEX YADGAROV & ASSOCIATES, P.C. Attorneys for Plaintiff One Cross Isl nd Plaza Suite 203 Rosedale, New York 11422 (718) 276-2800 9 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________----------------------------------------------------------X LUIS E. RIVERA, IndeX No.: 617067/19E Plaintiff, DEMAND FOR -against- AUTHORIZATIONS YVETTE GAYLE, Defendant. ___________________________ _____________________________----------X C O U N S E L O R 8 : PLEASE TAIŒ NOTICE, that you are hereby required to furnish the undersigned attorneys duly eXecuted and acknowledged HIPAA compliant authorizations, which include the full name and address of the party to whom the authorizations apply, permitting this office to obtain the complete records including, but not limited to, any and all tests performed, X-ray films, diagnostic procedures and consults of the following: 1. ALLSTATE - no fault file 2. Queens County Acupuncture 3. Luminary Acupuncture 4. Soul Radiology 5. Dr Joseph Stephan 6. Dr Michael Tamburo 7. Dr Herschel Kotkes 8. Kazu Chiropractic PLEASE TAKE FURTHER NOTICE, that Item 9a on the authorizations that pertain to records mental health information and HIV- involving alcohol/drug treatment; related information must be initialed. PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand within twenty (20) days will serve as a basis of a motion seeking appropriate relief. 10 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and the demanding party will object at time of trial to the introduction of any testimony or evidence which flows from the existence of such documents or information which have not been produced. PLEASE TAKE FURTHER NOTICE, that all authorizations should designate Kelly, Rode & Kelly, LLP as the Releasee. Dated: Mineola, New York March 2, 2020 Yours, etc. KELLY, RODE & KELLY, LLP BY: ξ¾A AMMAR S. JA R Attorneys for Defendant 330 Old Road - Suite 305 Country Mineola, New York 11501 (516) 739-0400 Our File No.: HMW/ASJ 158730-326 TO: ALEX YADGAROV & ASSOCIATES, P.C. Attorneys for Plaintiff One Cross Island Plaza Suite 203 Rosedale, New York 11422 (718) 276-2800 11 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 ! ! . .. 12 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LUIS E. RIVERA, Index No.: 617067/19E Plaintiff, QM_.NIBUS DEMANDS -against- YVETTE GAYLE, Defendant. DEMAND FOR COLLATERAL SOURCES PLEASE TAKE NOTICE, that you are hereby required to furnish to the undersigned within (30) days thereof pursuant to Sections 3101 and 4545 of the CPLR, all doce-ents, bills, invoices, receipts or cancelled checks concerning indemnification, payment and/or reimbursementc, in whole or in part, which plaintiff has received from collateral sources - but not limited to - insurance, social workmen's compensation or employee including security, benefit programs for the cost of medical care, custodial care, rehabilitation services, loss of earñiñgs and other economic loss which the plaintiff will claim as special damages in this action. PLEASE TAKE FURTHER NOTICE, that failure to comply with the above mentioned request will render the plaintiff subject to available provisions provided under the CPLR and that this demand is to be considered a continuing demand. NOTICE FOR DISCOVERY PURSUANT TO CPLR 3101(d) PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d) you are required to serve upon the undersigned the following information within the time limits set forth in the CPLR. 13 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 1. The name, home address, and professional or office address of each person you intend to call as an expert witness at trial specifically includiñg but not limited to any medical, ecanamic, engineering, accident reconstruction design or other expert from whom you intend to elicit opinion testimony on any issue relating to liability or damages in the above captioned matter. 2. For each expert you intend to call at trial separately state the following in reasonable detail: a) The subject matter on which such expert is to testify. b) The qualifications of such expert as will be offered at trial. c) The substance of the facts upon which such expert will rely. d) The substance of the opinion to which such expert will testify. e) A summary of the grounds for such experts opinion. 3. If no experts will be called by you at trial, affirmatively so state. PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand requiring disclos=es of any demanded information obtained by you which would be required to be disclosed by you immediately upon your obtaining or developing such information. PLEASE TAKE FURTHER NOTICE, that the demanding party will seek preclusion or other appropriate relief at the time of trial with respect to the testimony of any expert concerning whom there has not been full reasonable disclesüre pursuant to this demand. NOTICE FOR DISCOVERY & INSPECTION PLEASE TAKE NOTICE, that pursuânt to Article 31 of the CPLR, you are required to serve upon the undersigned within twenty (20) days of the date hereof, the following documents and information: 14 of 29 FILED: NASSAU COUNTY CLERK 03/02/2020 04:14 PM INDEX NO. 617067/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/02/2020 1. The name and address of any e