Preview
FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------X
ROBERTA SIGALL, ECF CASE
Plaintiff, Index No.: 156974/2019
-against- COMBINED DEMANDS
AMERICAN MULTI-CINEMA, INC., and
EXCEL ELEVATOR & ESCALATOR, CORP.,
Defendants.
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DEMAND PURSUANT TO CPLR §4545
PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the plaintiff
that they serve upon the undersigned a statement as to whether any part of the cost of medical
care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to
be recovered herein was replaced or indemnified, in whole or in part, from any collateral source
such as insurance, Social Security, Workers' Compensation, or employee benefit programs and,
if so, the full name and address of each organization or program providing such replacement or
indemnification, together with an itemized statement of the amount in which each such
claimed item or economic loss was replaced or indemnified by each organization or program.
Demand is additionally made for duly executed and properly addressed original HIPAA
COMPLIANT authorizations permitting the undersigned to inspect and copy any records
reflecting any collateral source or payment identified in response to the foregoing demand.
DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, pursuant to the provisions of Section 3101(e) CPLR, that the
defendant hereby demands that you furnish within ten (10) days of this date a true and exact
copy to the undersigned of any statements (taken, signed/unsigned or recorded) of the
defendant, AMERICAN MULTI-CINEMA, INC., or if said defendant is a partnership, company or
corporation, the statement of any officer, employee, agent or servant of the said defendant.
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019
DEMAND FOR WITNESSES
PLEASE TAKE NOTICE that the defendant demands that you set forth in writing, under
oath, and serve upon us within ten (10) days of this date:
1. The names and addresses of each person known or claimed by you to be an
eyewitness to the occurrence;
2. The names and addresses of each person known or claimed by you to be a witness
to the injuries plaintiff claims to have sustained;
3. The names and addresses of each person known or claimed by you to be a witness
to each and every act claimed to be the fault or act of negligence of/by this
defendant as alleged by plaintiff in the complaint in this action;
4. The names and addresses of each person plaintiff intends to call to trial to testify
to regarding any relevant fact involving either liability, damages and either
plaintiff’s pre/post-accident physical condition.
5. The names and addresses of each person known or claimed by you to be a notice
witness for the condition alleged in the Complaint in this action.
DEMAND FOR PHOTOGRAPHS, SLIDES,VIDEOTAPES AND/OR MOTION PICTURES
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3120(a) and the Rules of this Court, the
defendant, herein demands within ten (10) days of this date production of the following for
inspection and copying:
1. Produce and provide copies of any and all photographs, slides, videotapes or
motion pictures in the plaintiff’s or her attorneys’ custody or control depicting:
A. The scene of the occurrence or accident;
B. The alleged defective condition involved;
C. The injuries to the plaintiff(s).
If no such photographs are in the possession, custody or control of any parties you
represent in this action, so state in the sworn reply to this demand.
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DEMAND FOR MEDICALS
PLEASE TAKE NOTICE, that pursuant to the rules of this Court, you are required to serve
upon the undersigned and upon all parties to this action, the following:
1. Copies of all medical reports of physicians who treated the party seeking
recovery and who will testify for said party. The report shall include a detailed recital of the
injuries and conditions as to which testimony will be offered at the trial, referring to and
identifying the MRI’s, CT-scans, X-rays and technicians’ reports that will be offered at the trial.
2. Duly executed and acknowledged written HIPAA authorizations permitting all
parties to obtain and make copies of all hospital records, medical records and such other
records including any diagnostic testing, films for MRI’s, CT-scans, X-rays and related
technicians’ reports, as may be referred to and identified in the statements of the physicians
of the examined party.
DEMAND FOR EXPERT WITNESS INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3101(d), you are hereby required
to produce and permit discovery by KENNEDYS CMK LLP, attorneys for defendant of the
following:
1. The identity of each and every person whom plaintiff expects to call as an expert
witness at trial;
2. The production (in reasonable detail) of the subject matter on which such
experts are expected to testify;
3. The substance of the facts and opinions on which such experts are
4. expected to testify;
5. A summary of the grounds for each expert opinion; and
6. The qualifications of each such expert witness.
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NOTICE FOR EXAMINATION BEFORE TRIAL
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Laws and Rules,
the undersigned will take the deposition upon oral questions of the parties hereinafter named,
at the time and place indicated below concerning all of the evidence material and necessary in
the prosecution and the defense of this action.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Rule 3111, each party is required
to produce the following in his/her control or custody: ALL RECORDS, BOOKS, PAPERS AND
DOCUMENTS RELATING TO THE ISSUES UPON WHICH SAID PARTIES ARE TO BE EXAMINED.
PERSON(S) TO BE EXAMINED : PLAINTIFF and CO-DEFENDANT EXCEL
DATE & TIME : TO BE DETERMINED
PLACE : TO BE DETERMINED
DEMAND FOR SOCIAL NETWORK INFORMATION
PLEASE TAKE NOTICE, that pursuant to the CPLR and the appropriate Rules of Court,
and case law interpreting discovery and inspection, the undersigned hereby serves upon you
the following demand returnable at the offices of KENNEDYS CMK LLP, 570 Lexington Avenue,
8th Floor, New York, New York 10022.
Pursuant to Romano v. Stee1case, Inc., 2006-2233, NYLJ 1202472439237, at * 1 (Sup.
SU., decided September 21, 2010), authorizations permitting access to and/or the release of
all of plaintiff’s social networking accounts including, but not limited to: Facebook, Twitter,
Instagram, Snapchat and/or LinkedIn, for any and all current and historical pages, accounts,
postings, and all deleted pages/postings. Should plaintiff not subscribe to any social networking
online sites, provide an Affidavit attesting to same. Any and all authorizations should include
information specific to the host's site to enable the host to identity plaintiffs account, including
but not limited to plaintiff’s email address and home town and state.
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019
DEMAND FOR COLLATERAL SOURCE INFORMATION
PLEASE TAKE NOTICE, that demand is hereby made that you provide
collateral sources including but not limited to insurance, Social Se
Compensation or employee benefits program.
NOTICE DECLINING SERVICE BY ELECTRONIC TRANSMITTAL
PLEASE TAKE NOTICE that pursuant to CPLR 2103(5) the office of KEN
will not accept service of papers by facsimite transmittal or other electronic
PLEASE TAKE FURTHER NOTICE, that upon failure to comply with thes
plaintiff wilt be precluded upon the trial of the within action from offering
testifying as to nay of the items requested herein.
PLEASE TAKE FURTHER NOTICE, that the within are continuing requests.
any of the above items are obtained after service hereof, they are to be immedia
to this office.
Dated: New York, New York
July 31, 2019
KENNEDYS CMK LLP
Sean T. Burns
Attorneys for American Multi-Cinema,
570 Lexington Avenue, 8th FL.
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New York, NY 10022
FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019
EXCEL ELEVATOR & ESCALATOR, CORP.
257 Nelson Avenue
Staten Island, NY 10308
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) s.s.:
COUNTY OF NEW YORK )
LAURA A. GUARDIANO, being duly sworn, deposes and says that dcponiei-
to the within action, is over 18 years of age and resides in Queens, New York.
That on the 1st day of August, 2019, deponent served the within CO
upon:
EXCEL ELEVATOR & ESCALATOR, CORP.
257 Nelson Avenue
Staten Island, NY 10308
the respective party(ies) in this action, at the above address(es) designated
or attorney(s) appearing for said party(ies) for that purpose by depositing
postpaid, properly addressed wrapper, in an official depository under the
custody of the United States Post Office within the State of New York.
PLAINTIFF'S COUNSEL WAS SERVED ELECT ON LY VIA NYSCEF.
LAURA A. GUARDIANO
Sworn to before me this
1st day of August, 2019
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Preview
FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------X ROBERTA SIGALL, ECF CASE Plaintiff, Index No.: 156974/2019 -against- COMBINED DEMANDS AMERICAN MULTI-CINEMA, INC., and EXCEL ELEVATOR & ESCALATOR, CORP., Defendants. --------------------------------------------------------------X DEMAND PURSUANT TO CPLR §4545 PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the plaintiff that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, Social Security, Workers' Compensation, or employee benefit programs and, if so, the full name and address of each organization or program providing such replacement or indemnification, together with an itemized statement of the amount in which each such claimed item or economic loss was replaced or indemnified by each organization or program. Demand is additionally made for duly executed and properly addressed original HIPAA COMPLIANT authorizations permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, pursuant to the provisions of Section 3101(e) CPLR, that the defendant hereby demands that you furnish within ten (10) days of this date a true and exact copy to the undersigned of any statements (taken, signed/unsigned or recorded) of the defendant, AMERICAN MULTI-CINEMA, INC., or if said defendant is a partnership, company or corporation, the statement of any officer, employee, agent or servant of the said defendant. 1 of 7 FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 DEMAND FOR WITNESSES PLEASE TAKE NOTICE that the defendant demands that you set forth in writing, under oath, and serve upon us within ten (10) days of this date: 1. The names and addresses of each person known or claimed by you to be an eyewitness to the occurrence; 2. The names and addresses of each person known or claimed by you to be a witness to the injuries plaintiff claims to have sustained; 3. The names and addresses of each person known or claimed by you to be a witness to each and every act claimed to be the fault or act of negligence of/by this defendant as alleged by plaintiff in the complaint in this action; 4. The names and addresses of each person plaintiff intends to call to trial to testify to regarding any relevant fact involving either liability, damages and either plaintiff’s pre/post-accident physical condition. 5. The names and addresses of each person known or claimed by you to be a notice witness for the condition alleged in the Complaint in this action. DEMAND FOR PHOTOGRAPHS, SLIDES,VIDEOTAPES AND/OR MOTION PICTURES PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3120(a) and the Rules of this Court, the defendant, herein demands within ten (10) days of this date production of the following for inspection and copying: 1. Produce and provide copies of any and all photographs, slides, videotapes or motion pictures in the plaintiff’s or her attorneys’ custody or control depicting: A. The scene of the occurrence or accident; B. The alleged defective condition involved; C. The injuries to the plaintiff(s). If no such photographs are in the possession, custody or control of any parties you represent in this action, so state in the sworn reply to this demand. 2 2 of 7 FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 DEMAND FOR MEDICALS PLEASE TAKE NOTICE, that pursuant to the rules of this Court, you are required to serve upon the undersigned and upon all parties to this action, the following: 1. Copies of all medical reports of physicians who treated the party seeking recovery and who will testify for said party. The report shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying the MRI’s, CT-scans, X-rays and technicians’ reports that will be offered at the trial. 2. Duly executed and acknowledged written HIPAA authorizations permitting all parties to obtain and make copies of all hospital records, medical records and such other records including any diagnostic testing, films for MRI’s, CT-scans, X-rays and related technicians’ reports, as may be referred to and identified in the statements of the physicians of the examined party. DEMAND FOR EXPERT WITNESS INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3101(d), you are hereby required to produce and permit discovery by KENNEDYS CMK LLP, attorneys for defendant of the following: 1. The identity of each and every person whom plaintiff expects to call as an expert witness at trial; 2. The production (in reasonable detail) of the subject matter on which such experts are expected to testify; 3. The substance of the facts and opinions on which such experts are 4. expected to testify; 5. A summary of the grounds for each expert opinion; and 6. The qualifications of each such expert witness. 3 3 of 7 FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 NOTICE FOR EXAMINATION BEFORE TRIAL PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Laws and Rules, the undersigned will take the deposition upon oral questions of the parties hereinafter named, at the time and place indicated below concerning all of the evidence material and necessary in the prosecution and the defense of this action. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR Rule 3111, each party is required to produce the following in his/her control or custody: ALL RECORDS, BOOKS, PAPERS AND DOCUMENTS RELATING TO THE ISSUES UPON WHICH SAID PARTIES ARE TO BE EXAMINED. PERSON(S) TO BE EXAMINED : PLAINTIFF and CO-DEFENDANT EXCEL DATE & TIME : TO BE DETERMINED PLACE : TO BE DETERMINED DEMAND FOR SOCIAL NETWORK INFORMATION PLEASE TAKE NOTICE, that pursuant to the CPLR and the appropriate Rules of Court, and case law interpreting discovery and inspection, the undersigned hereby serves upon you the following demand returnable at the offices of KENNEDYS CMK LLP, 570 Lexington Avenue, 8th Floor, New York, New York 10022. Pursuant to Romano v. Stee1case, Inc., 2006-2233, NYLJ 1202472439237, at * 1 (Sup. SU., decided September 21, 2010), authorizations permitting access to and/or the release of all of plaintiff’s social networking accounts including, but not limited to: Facebook, Twitter, Instagram, Snapchat and/or LinkedIn, for any and all current and historical pages, accounts, postings, and all deleted pages/postings. Should plaintiff not subscribe to any social networking online sites, provide an Affidavit attesting to same. Any and all authorizations should include information specific to the host's site to enable the host to identity plaintiffs account, including but not limited to plaintiff’s email address and home town and state. 4 4 of 7 FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 DEMAND FOR COLLATERAL SOURCE INFORMATION PLEASE TAKE NOTICE, that demand is hereby made that you provide collateral sources including but not limited to insurance, Social Se Compensation or employee benefits program. NOTICE DECLINING SERVICE BY ELECTRONIC TRANSMITTAL PLEASE TAKE NOTICE that pursuant to CPLR 2103(5) the office of KEN will not accept service of papers by facsimite transmittal or other electronic PLEASE TAKE FURTHER NOTICE, that upon failure to comply with thes plaintiff wilt be precluded upon the trial of the within action from offering testifying as to nay of the items requested herein. PLEASE TAKE FURTHER NOTICE, that the within are continuing requests. any of the above items are obtained after service hereof, they are to be immedia to this office. Dated: New York, New York July 31, 2019 KENNEDYS CMK LLP Sean T. Burns Attorneys for American Multi-Cinema, 570 Lexington Avenue, 8th FL. 5 of 7 New York, NY 10022 FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 EXCEL ELEVATOR & ESCALATOR, CORP. 257 Nelson Avenue Staten Island, NY 10308 6 6 of 7 FILED: NEW YORK COUNTY CLERK 08/01/2019 08:30 AM INDEX NO. 156974/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/01/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) s.s.: COUNTY OF NEW YORK ) LAURA A. GUARDIANO, being duly sworn, deposes and says that dcponiei- to the within action, is over 18 years of age and resides in Queens, New York. That on the 1st day of August, 2019, deponent served the within CO upon: EXCEL ELEVATOR & ESCALATOR, CORP. 257 Nelson Avenue Staten Island, NY 10308 the respective party(ies) in this action, at the above address(es) designated or attorney(s) appearing for said party(ies) for that purpose by depositing postpaid, properly addressed wrapper, in an official depository under the custody of the United States Post Office within the State of New York. PLAINTIFF'S COUNSEL WAS SERVED ELECT ON LY VIA NYSCEF. LAURA A. GUARDIANO Sworn to before me this 1st day of August, 2019 7 of 7