Preview
FILED: NASSAU COUNTY CLERK 10/24/2019 01:36 PM INDEX NO. 613573/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/24/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
DONALD KOUBEK,
ANSWER
Plaintiff,
-against- Index No. 613573/2019
ANTHONY FALCONE and MARY R.
FALCONE,
Defendants.
X
The Defendant(s), ANTHONY FALCONE and MARY R. FALCONE, by Law
Offices of Karen L. Lawrence, as and for his/her/their Answer to the Complaint herein, allege(s)
as follows:
1. Denies/deny any knowledge or information sufficient to form a belief as to the
allegation(s) contained in paragraph(s) designated as "FIRST, THIRD, SIXTH, SEVENTH,
FIFTEENTH"
EIGHTH, NINTH, TENTH and of the Complaint herein.
2. Upon information and belief, denies/deny each and every allegation contained
in paragraphs designated as "ELEVENTH, TWELFTH, THIRTEENTH, FOURTEENTH,
NINETEENTH"
SIXTEENTH, EIGHTEENTH and of the Complaint herein.
"SEVENTEENTH"
3.: As to paragraphs designated as answering Defendant(s)
repeats, reiterates and realleges each and every denial heretofore had herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THIS (THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of
the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of this(these) answering Defendant(s).
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and
thereby contributed to the alleged injuries.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That the Court lacks jurisdiction over the person of the Defendant(s) ANTHONY
FALCONE and MARY R. FALCONE by reason of the non-service of the summons upon the
Defendant(s) ANTHONY FALCONE and MARY R. FALCONE, either personally or by
substituted service.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
That to the extent plaintiff recovers any damages for the cost of medical care,
dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the
amount of the award shall be reduced by the sum total of all collateral reimbursements, from
whatever source, whether it be insurance, social security payments, no fault payments, Workers
Compensation, employee benefits or other such programs, in accordance with the provisions of
the CPLR 4545.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
In the event that any person or entity liable or claimed to be liable for the injury
alleged in this action has been given or may hereafter be given a release or covenant not to sue,
defendant will be entitled to protection under General Obligations Law 15-108 and the
corresponding reduction of any damages which may be determined to be due against this
answering defendant.
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WHEREFORE, this answering Defendant(s) demand(s) judgment dismissing the
Complaint herein with costs.
DATED: Garden City, NY
October 22, 2019
Yours, etc.,
Law Offices of Karen L. Lawrence
Beth A. Goldklang
Attorney for Defendant
ANTHONY FALCONE and MARY R.
FALCONE
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5634
Our File No. 0476524160.2-
TO: SANDERS, SANDERS, BLOCK, WOYCIK,
VIENER & GROSSMAN, P.C.
Attorney for Plaintiff
DONALD KOUBEK
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
FILE# SSBW-AUTO-ACC-61489
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
DONALD KOUBEK, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. 613573/2019
-against-
ANTHONY FALCONE and MARY R.
FALCONE,
Defendants.
X
SIRS:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. The names and addresses of all witnesses known to the Plaintiff(s) and the
Plaintiffs represeñtatives, who it will be claimed were witnesses to the
following:
(a) The alleged occurrence in question.
(b) Any alleged defective condition.
(c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
(d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statements, oral, written or electronically recorded, from any party we
represent, in the possession of the Plaintiff(s) or the Plaintiff(s)
representatives.
3. Any photographs of the following:
(a) The site of the alleged occurrence.
(b) Any instrumentalities involved.
4. Any accident reports made in the normal course of business. Pataki v.
Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981).
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5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
6. Any notes, records, memoranda, diagrams, drawings, photographs made
or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s)
representatives, even if made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
8. In reasonable detail, the subject matter on which each expert is expected to
testify;
9. The substance of the facts and opinions on which each expert is expected
to testify;
10. The qualification of each expert witness, and;
11. A summary of the grounds for each expert's opinion.
12. Maintenance and repair records for the motor vehicle of the Plaintiff(s) for
one (1) year prior to the alleged occurrence.
13. Copies of any letters or written communications from Plaintiff(s) to
Defendant(s) citing any alleged defective conditions.
14. Duly executed authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period
commencing one (1) year prior to the date of the subject occurrence and
continuing to the present date. This authorization shall allow access to,
Plaintiff(s)'
but shall not be limited to, records regarding the salary and
attendance.
(a) If Plaintiff is a student: duly executed authorization(s) allowing the
undersigned to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence
and continuing to the present date.
Plaintiff(s)'
15. Copies of the City, State and Federal Income Tax Records for
the period commencing two (2) years prior to the date of the subject
occurrence and for all subsequent years up to and including the present. If
such records, or a portion thereof are unavailable, authorizations to obtain
such records from the Internal Revenue Service and/or New York State
Department of Taxation. If income tax returns were not filed for such
period or a portion thereof, so state in reply to this demand.
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16. Duly executed and acknowledged original authorizations permitting
this/these Defendant(s) to obtain and copy No-Fault medical and wage
records for each Plaintiff for the period from the date of occurrence to the
present.
17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
Insurance Law of the State of New York (No-Fault Law); with respect to
each and every application:
(a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made,
including OBEL, Additional PIP and Medical Payments coverage.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "(a)".
Workers'
18. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to each and every application:
(a) Set forth the name, address, policy number and claim number to
Workers'
which a claim has been or will be made, together with the
Compensation Board file number.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "(a)".
19. If a disability claim has or will be made pursuant to the terms of the Social
Security Laws, with respect to each and every application:
(a) Set forth the claim office, the address and the claim number
assigned.
(b) Set forth duly executed and aclmowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff.
20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned
attorneys to inspect and copy the contents of:
(a) Each and every collateral source of payment, including but not
Workers'
limited to, insurance agreements, Social Security,
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by the Plaintiffs and for which
recovery is sought in the instant action and
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(b) A written statement setting forth any and all such collateral sources
and their amounts.
(c) Duly executed written authorizations permitting the undersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
(d) The amounts and any and all correspondence in which, the
plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff
husband/wife. Please set forth a copy of their Marriage Certificate.
22. If it is claimed that the infant Plaintiff is the natural son/daughter of the
Plaintiff mother/father or natural guardian set forth a copy of the Birth
Certificate of infant Plaintiff.
23. Withholding statements, pay envelopes, deposit slips, or any other
evidence of income earned by Plaintiff(s) for the current calendar year.
24. Copies of and all statements or receipts to non-
any bills, relating any
medical expense claimed as damages in this lawsuit which have not been
produced in response to any of the preceding paragraphs.
25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and
any other damaged property. If the vehicle was not repairable, in addition,
attach estimates of the value of the vehicle on the date of the alleged
incident and estimates and/or receipts concerning salvage value.
26. Any releases, and any other type of settlement agreements between
Plaintiff(s) and any other party which may have been responsible for the
damages claimed by Plaintiff(s).
27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches
and any other tangible items or documentary evidence which you intend to
use during the trial of this case and which have not been produced in
response to any of the preceding paragraphs.
28. All documents, papers or evidence to be introduced at trial.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demand, they are
to be furnished to this office upon receipt.
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DATED: Garden City, NY
October 22, 2019
Yours, etc.,
Law Offices of Karen L. Lawrence
Beth A. Goldklang
Attorney for Defendant
ANTHONY FALCONE and MARY R.
FALCONE
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5634
Our File No. 0476524160.2-
TO: SANDERS, SANDERS, BLOCK, WOYCIK,
VIENER & GROSSMAN, P.C.
Attorney for Plaintiff
DONALD KOUBEK
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
FILE# SSBW-AUTO-ACC-61489
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
x
DONALD KOUBEK, DEMAND FOR VERIFIED BILL OF
PARTICULARS WITH NOTICE
Plaintiff, PURSUANT TO C.P.L.R. SECTION
3042(c)
-against-
Index No. 613573/2019
ANTHONY FALCONE and MARY R.
FALCONE,
Defendants.
SIRS:
PLEASE TAKE NOTICE that you are hereby required to file and serve the
following Verified Bill of Particulars of Plaintiffs alleged cause of action herein, within thirty
(30) days from the date of service hereof.
1. The date and time of occurrence.
2. State the location of the accident in sufficient detail to permit
identification, giving direction in which each vehicle was proceeding.
3. Statement of the acts of omissions constituting the negligence claimed.
4. State what part of each of the respective vehicles came in contact.
If property damages are being claimed, set forth:
5. Itemized statement of the alleged damage to Plaintiffs vehicle, together
with the costs of repair of each item.
6. State the make, model and year of manufacture of Plaintiffs vehicle and
the reasonable market value of same immediately prior to and immediately
after the alleged accident.
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If personal injuries are being claimed, set forth:
7. The nature, extent, location and duration of each and every injury alleged
to have been sustained by the Plaintiff and which, if any, are claimed to be
permanent.
8. The length of time, giving specific dates, Plaintiff was confined to:
(a) the hospital,
(b) to bed, and
(c) to home as a result of the alleged injuries.
9. The length of time iñcapacitated from employment and/or household
duties as a result of the alleged injuries. If Plaintiff is a student, the length
of time incapacitated from school as a result of the alleged injuries.
10. Total amounts claimed as special damages for:
(a) physician's services;
(b) medical supplies;
(c) loss of earnings;
nurses'
(d) services;
(e) hospital expenses;
(f) x-rays expenses;
(g) any other items of special damage;
(h) name and address of Plaintiffs employer at the time of the
accident. If Plaintiff is self-employed, please state nature of
business, business name and address. If Plaintiff is a student, name
and address of school attending at time of accident, and designated
class or grade.
11. State in what respect Plaintiff has sustained a serious injury, as defined