Preview
FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------=-===------------------------X
ANTHONY PASTORE, CERTIFICATION PURSUANT
TO PART 130
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
-------------------
---------------------------------------X
The accompanying papers are served/filed pursuant to Section 130-1.1-a:
[X] Answer
[X] Demand for Bill of Particulars
[X] Notice for Discovery and Inspection
[X] Demand for Expert Information
[X] Notice for Depositions
[X] Demand for Social Media Information
[X] Medicare Discovery Demand
[X] Demand for Trial Authorizations
Dated: Mineola, New York
March 19, 2019
urs etc.,
N SAVIDGE PLLC
I
C OLYN S. RANKIN
Attorneys for Defendants
1527 Franklin Avenue, Suite 105
Mineola, New York 11501
(516) 208-1640
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------¬----------------------------X
ANTHONY PASTORE, VERIFIED ANSWER
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
-------------------------------------
------X
Defendant(s), JAMES POLLARO AND KIM POLLARO, by their attorneys,
RANKIN SAVIDGE PLLC, answering the Complaint of the Plaintiff(s), allege as follows:
First: Deny knowledge or information sufficient to form a belief as to each and
every allegation contained in paragraph "1".
Second: Deny as to each and every allegation contained in the paragraphs "5", "6",
"23"
"7", "8", "9", "11", "12", "13", "14", "15", and refer all questions of law to this Honorable
Court.
Third: Deny each and every allegation contained in the paragraphs "10", "16",
"17", "18", "19", "20", "21", "22", "24".
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Fourth: In the event that plaintiffs recover a verdict or judgment for damages
herein, the amount of said verdict or judgment must be reduced by the proportion which the
culpable conduct attributable to the plaintiff and/or third party, including assumption of risk,
bears to the culpable conduct which allegedly caused the damages.
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AS AND FOR_A SECOND AFFIRMATIVE DEFENSE
Fifth: That any verdict in the within action for past, present and future medied
care, dental care, custodial care or rehabilitation services, loss of earnings or other economic
loss, should be reduced by the amount that any such expense has or will with reasonable
certainty be replaced or indemnified in whole or in part from any collateral source, in accordance
with the provisions and limitations of Section 4545 (c) of the CPLR.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
Sixth: The defendant did not have actual or constructive notice of the alleged
defect.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Seventh: That the plaintiff failed to mitigate his/her damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Eighth. That the Court does not have jurisdiction over the person of the defendant
herein, in that the summons and complaint was not personally served upon the defendant, nor
was service otherwise effected in compliance with the provisions of the Civil Practice Law and
Rules.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
Ninth. That this case is barred by the statute of limitations.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Tenth. The complaint fails to state a cause of action against answering defendant.
WHEREFORE, answering defendant demands judgment dismissing the complaint
herein, together with the costs and disbursements of this action; together with such other and
further relief as is proper.
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Dated: Mineola, New York
March 19, 2019
Yours etc.,
RANKIN SAVIDGE PLLC
Attorneys for Defendant(s)
1527 Franklin Avenue, Suite 105
Mineola, New York 11501
(516) 208-1640
TO:
PEKNIC PEKNIC & SCHAEFER, LLC
Attorneys for Plaintly
1005 West Beech Street
Long Beach, NY 11561
(516) 432-9400
4 of 23
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------- ------- X
ANTHONY PASTORE, DEMAND FOR VERIFIED
BILL OF PARTICULARS
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that the defendants demand that you serve upon the
undersigned within thirty (30) days after receipt of this demand, the following particulars of the
plaintiff's alleged cause of action:
1. The date and approximate time of the day of the alleged accident.
2. The approximate location where the plaintiff will claim the accident occurred,
designating the exact place, step, location of the alleged fall.
3. The age and residence of the plaintiff.
4. A statement of the injuries claimed to have been sustained by the plaintiff as a result of
the accident referred to in the Complaint.
5. A statement of those injuries which are claimed to be permanent.
6. A statement of the acts or omissions constituting the alleged negligence of the answering
Defendant(s).
7. Whether defendants had actual and/or constructive notice of any alleged defective
condition.
8. If actual notice is claimed, the individual who gave the notice and the individual to whom
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it was given.
(a) If constructive notice is claimed, the period of time that the condition existed.
(b) If written notice is alleged, provide copies of same.
9. The length of time the plaintiff was confined to home as a result of the accident.
10. The length of time the plaintiff was confined to bed as a result of the accident.
1 1. If plaintiff received treatment at a hospital or hospitals, the name and address of said
hospital or hospitals.
plaintiffs'
12. If loss of earnings is claimed, the name and address of employers and the
nature of plaintiff's employment.
13. The period of time the plaintiff was incapacitated from employment.
14. Total amounts claimed as special damages for:
Physicians'
(a) services.
(b) Medical supplies.
(c) X-rays.
(d) Hospital expenses.
Nurses'
(e) services.
(f) Loss of earnings.
(g) Any other special damages claimed.
15. The specific laws, statutes and/or ordinances which are claimed to have been violated by
these answering Defendant(s).
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with
this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made for
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an Order precluding you from offering any evidence at the trial of this action with respect to the
foregoing demands.
Dated: Mineola, New York
March 19, 2019
Yours etc.,
RANKIN SAVIDGE PLLC
Attorneys for Defendant(s)
1527 Franklin Avenue, Suite 105
Mineola, New York 11501
(516) 208-1640
7 of 23
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
_________ -- -- -¬________ ________ ------------------------X
ANTHONY PASTORE, NOTICE FOR DISCOVERY
AND INSPECTION
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
--------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that demand is hereby made of you to serve and deliver to
the undersigned, the following:
1. A list of those attorneys who have appeared in this action, together with their addresses
and the names of each party for whom such attorney has appeared.
2. A copy of any statement, written or oral, transcribed or recorded, signed or unsigned,
given by or on behalf of any answering defendant serving this notice.
3. The names and addresses of all persons known:
a. To have witnessed the occurrence
b. To have firsthand knowledge of the occurrence.
c. To have notice of the condition which proximately caused the occurrence.
d. To have given notice of any existing condition proximately causing the occurrence.
e. To have firsthand knowledge of the damages and/or injuries complained of.
4. A copy of any written or recorded reports of the alleged occurrence prepared in the
course of business operations or practices of any person or entity.
5. All photographs of:
a. Each Plaintiff, showing the injuries or the effects thereof, allegedly sustained as a
result of the occurrence herein.
b. The condition of the scene to be alleged to represent the scene at the time of the
occurrence and intended to be introduced at the trial.
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6. Copies of all reports of all physicians and others who examined, attended, cared for and
treated the plaintiffs for the injuries and conditions and aggravations for which damages are
claimed in this lawsuit, specifying in full said injuries and conditions, the dates of visits and fees
therefor.
7. Duly executed and acknowledged authorizations permitting the undersigned to obtain
copies of all hospital records, and to examine the x-rays thereof, where the injured
plaintiffs were examined, attended, treated and/or confined following the said occurrence.
8. Duly executed and acknowledged authorizations permitting the undersigned or their
representatives to examine and make copies of the records of all physicians and others
who examined, attended, cared for and treated the plaintiffs for the injuries and
conditions and aggravations for which damages are claimed in this lawsuit, including
actual x-rays, test data and interpretations, consultations, diagnoses, prognoses and
medical history.
9. Duly executed and acknowledged authorizations 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 plaintiffs 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.
10. If plaintiffs are claiming lost earnings, duly executed and acknowledged authorizations
permitting the undersigned or their representatives to examine and make copies of
plaintiffs'
employment records relevant to the above action. Demand is also made for a
plaintiffs'
copy of W-2 forms and income tax returns for the three years preceding the
occurrence and the year of the occurrence itself, discoverable under Rule 3120 of the
CPLR and the cases of Gillian v. Lepone, 295 N.Y.S.2d 955 and Ortiz v Mary
Immaculate Hospital, 368 N.Y.S.2d 57.
11. If plaintiffs are claiming any disabilities following the occurrence, duly executed and
acknowledged authorizations permitting the undersigned or their representatives to
plaintiffs'
examine and make copies of employment records and/or school records which
relate to attendance, medical history, treatment and examinations by all physicians,
nurses, hospitals and others.
12. Pursuant to CPLR 4545, copies of any and all books, records, bills, insurance
applications, insurance receipts, checks, cancelled checks and any and all other records
pertaining to collateral source reimbursements received by plaintiffs or on behalf of
plaintiffs for the special damages alleged in the instant lawsuit.
13. Pursuant to CPLR 4545, duly executed authorizations permitting the defendants to obtain
the records of any person, institution, facility or governmental agency which has provided
or will provide any reimbursement for any of the special damages alleged herein, whether
or not such person, organization, facility or governmental agency has been listed in
9 of 23
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"12"
response to Paragraph above.
14. A copy of the Index Number receipt with respect to this action.
15. A copy of the Affidavit(s) of Service stamped by the Court with respect to this action.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2103(5), the offices of
the undersigned will not accept service of papers by facsimile (FAX) transmittal or other
electronic means.
PLEASE TAKE FURTHER NOTICE, that the within demands are continuing. In the
event of your failure to comply with this demand within twenty (20) days hereof, this defendant
will exercise its rights pursuant to the Civil Practice Law and Rules and Rules of the Appellate
Division, to preclude you from offering any evidence at the trial of this action with respect to the
foregoing demands.
Dated: Mineola, New York
March 19, 2019
Yours etc.,
RANKIN SAVIDGE PLLC
Attorneys for Defendant(s)
1527 Franklin Avenue, Suite 105
Mineola, New York 11501
(516) 208-1640
10 of 23
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----========== ¬--------------------X
ANTHONY PASTORE, DEMAND FOR EXPERTS
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
____-----____..-------------------------¬--------------X
COUNSELORS:
Pursünut to CPLR 3101(d)(1), you are hereby required to provide the answering party
herein with the following information:
1. The name and address of each person who will be called as an expert witness at the trial.
2. The subject matter on which each expert is expected totestify.
3. The substance of the facts and opinions on which each expert is expected to testify.
4. The qualifications of each expert witness.
5. A summary of the grounds for each expert's opinion.
Dated: Mineola, New York
March 19, 2019
Yours etc.,
RANKIN SAVIDGE PLLC
Attorneys for Defendant(s)
1527 Franklin Avenue, Suite 105
Mineola, New York 11501
T. 516-208-1640
11 of 23
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------¬--=== ======= --------------------X
ANTHONY PASTORE, NOTICE FOR DEPOSITIONS
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
------------------ --¬------------X
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules, the undersigned will take the testimony of the adverse party (ies), in the following
manner:
Before : A Notary Public
At : THE COURTHOUSE
On : JUNE 19, 2019 @ 10:00 a.m.
upon all of the relevant facts and circumstances surrounding the accident which is the subject of
this action, including negligence, contributory negligence and damages; and for the purposes
authorized by Section 3111 of the Civil Practice Law and Rules, said adverse party (ies) is (are)
required to produce at such examination, the following: Any and all reports, memoranda,
documents or other writings, pertaining to the matter in controversy, in defendant/plaintiffs
possession and/or control.
Dated: Mineola, New York
March 19, 2019
Yours etc.,
RANKIN SAVIDGE PLLC
Attorneys for Defendant
1527 Franklin Avenue, Suite 105
Mineola, New York 11501
(516) 208-1640
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ANTHONY PASTORE, MEDICARE DISCOVERY
DEMAND
PLAINTIFF(S),
-AGAINST- Index No.: 603355/2019
JAMES POLLARO AND KIM POLLARO
DEFENDANT(S).
--------------------------------------------------------------X
TO: PLAINTIFF
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned
demands that you produce within twenty (20) days at 10:00 o'clock in the forenoon of that day at
the offices of the undersigned or at a mutually convenient location, for the purpose of discovery,
inspection, photographing and non-destructive testing, the following:
1. State your full name;
2. State your social security number;
3. State your Medicare Health Insurance claim number;
4. State your gender;
5. State your date of birth;
6. Are you a MEDICARE BENEFICIARY? (MEDICARE BENEFICIARY is defined as
a person eligible to receive Medicare Coverage pursuant to the requirement of the Social Security
Act of 1965);
Preview
FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------=-===------------------------X ANTHONY PASTORE, CERTIFICATION PURSUANT TO PART 130 PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). ------------------- ---------------------------------------X The accompanying papers are served/filed pursuant to Section 130-1.1-a: [X] Answer [X] Demand for Bill of Particulars [X] Notice for Discovery and Inspection [X] Demand for Expert Information [X] Notice for Depositions [X] Demand for Social Media Information [X] Medicare Discovery Demand [X] Demand for Trial Authorizations Dated: Mineola, New York March 19, 2019 urs etc., N SAVIDGE PLLC I C OLYN S. RANKIN Attorneys for Defendants 1527 Franklin Avenue, Suite 105 Mineola, New York 11501 (516) 208-1640 1 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------¬----------------------------X ANTHONY PASTORE, VERIFIED ANSWER PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). ------------------------------------- ------X Defendant(s), JAMES POLLARO AND KIM POLLARO, by their attorneys, RANKIN SAVIDGE PLLC, answering the Complaint of the Plaintiff(s), allege as follows: First: Deny knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph "1". Second: Deny as to each and every allegation contained in the paragraphs "5", "6", "23" "7", "8", "9", "11", "12", "13", "14", "15", and refer all questions of law to this Honorable Court. Third: Deny each and every allegation contained in the paragraphs "10", "16", "17", "18", "19", "20", "21", "22", "24". AS AND FOR A FIRST AFFIRMATIVE DEFENSE Fourth: In the event that plaintiffs recover a verdict or judgment for damages herein, the amount of said verdict or judgment must be reduced by the proportion which the culpable conduct attributable to the plaintiff and/or third party, including assumption of risk, bears to the culpable conduct which allegedly caused the damages. 2 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 AS AND FOR_A SECOND AFFIRMATIVE DEFENSE Fifth: That any verdict in the within action for past, present and future medied care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, should be reduced by the amount that any such expense has or will with reasonable certainty be replaced or indemnified in whole or in part from any collateral source, in accordance with the provisions and limitations of Section 4545 (c) of the CPLR. AS AND FOR A THIRD AFFIRMATIVE DEFENSE Sixth: The defendant did not have actual or constructive notice of the alleged defect. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Seventh: That the plaintiff failed to mitigate his/her damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Eighth. That the Court does not have jurisdiction over the person of the defendant herein, in that the summons and complaint was not personally served upon the defendant, nor was service otherwise effected in compliance with the provisions of the Civil Practice Law and Rules. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE Ninth. That this case is barred by the statute of limitations. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Tenth. The complaint fails to state a cause of action against answering defendant. WHEREFORE, answering defendant demands judgment dismissing the complaint herein, together with the costs and disbursements of this action; together with such other and further relief as is proper. 3 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 Dated: Mineola, New York March 19, 2019 Yours etc., RANKIN SAVIDGE PLLC Attorneys for Defendant(s) 1527 Franklin Avenue, Suite 105 Mineola, New York 11501 (516) 208-1640 TO: PEKNIC PEKNIC & SCHAEFER, LLC Attorneys for Plaintly 1005 West Beech Street Long Beach, NY 11561 (516) 432-9400 4 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------- ------- X ANTHONY PASTORE, DEMAND FOR VERIFIED BILL OF PARTICULARS PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). ------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that the defendants demand that you serve upon the undersigned within thirty (30) days after receipt of this demand, the following particulars of the plaintiff's alleged cause of action: 1. The date and approximate time of the day of the alleged accident. 2. The approximate location where the plaintiff will claim the accident occurred, designating the exact place, step, location of the alleged fall. 3. The age and residence of the plaintiff. 4. A statement of the injuries claimed to have been sustained by the plaintiff as a result of the accident referred to in the Complaint. 5. A statement of those injuries which are claimed to be permanent. 6. A statement of the acts or omissions constituting the alleged negligence of the answering Defendant(s). 7. Whether defendants had actual and/or constructive notice of any alleged defective condition. 8. If actual notice is claimed, the individual who gave the notice and the individual to whom 5 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 it was given. (a) If constructive notice is claimed, the period of time that the condition existed. (b) If written notice is alleged, provide copies of same. 9. The length of time the plaintiff was confined to home as a result of the accident. 10. The length of time the plaintiff was confined to bed as a result of the accident. 1 1. If plaintiff received treatment at a hospital or hospitals, the name and address of said hospital or hospitals. plaintiffs' 12. If loss of earnings is claimed, the name and address of employers and the nature of plaintiff's employment. 13. The period of time the plaintiff was incapacitated from employment. 14. Total amounts claimed as special damages for: Physicians' (a) services. (b) Medical supplies. (c) X-rays. (d) Hospital expenses. Nurses' (e) services. (f) Loss of earnings. (g) Any other special damages claimed. 15. The specific laws, statutes and/or ordinances which are claimed to have been violated by these answering Defendant(s). PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Demand for a Verified Bill of Particulars, within thirty (30) days, a motion will be made for 6 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 an Order precluding you from offering any evidence at the trial of this action with respect to the foregoing demands. Dated: Mineola, New York March 19, 2019 Yours etc., RANKIN SAVIDGE PLLC Attorneys for Defendant(s) 1527 Franklin Avenue, Suite 105 Mineola, New York 11501 (516) 208-1640 7 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _________ -- -- -¬________ ________ ------------------------X ANTHONY PASTORE, NOTICE FOR DISCOVERY AND INSPECTION PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). --------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that demand is hereby made of you to serve and deliver to the undersigned, the following: 1. A list of those attorneys who have appeared in this action, together with their addresses and the names of each party for whom such attorney has appeared. 2. A copy of any statement, written or oral, transcribed or recorded, signed or unsigned, given by or on behalf of any answering defendant serving this notice. 3. The names and addresses of all persons known: a. To have witnessed the occurrence b. To have firsthand knowledge of the occurrence. c. To have notice of the condition which proximately caused the occurrence. d. To have given notice of any existing condition proximately causing the occurrence. e. To have firsthand knowledge of the damages and/or injuries complained of. 4. A copy of any written or recorded reports of the alleged occurrence prepared in the course of business operations or practices of any person or entity. 5. All photographs of: a. Each Plaintiff, showing the injuries or the effects thereof, allegedly sustained as a result of the occurrence herein. b. The condition of the scene to be alleged to represent the scene at the time of the occurrence and intended to be introduced at the trial. 8 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 6. Copies of all reports of all physicians and others who examined, attended, cared for and treated the plaintiffs for the injuries and conditions and aggravations for which damages are claimed in this lawsuit, specifying in full said injuries and conditions, the dates of visits and fees therefor. 7. Duly executed and acknowledged authorizations permitting the undersigned to obtain copies of all hospital records, and to examine the x-rays thereof, where the injured plaintiffs were examined, attended, treated and/or confined following the said occurrence. 8. Duly executed and acknowledged authorizations permitting the undersigned or their representatives to examine and make copies of the records of all physicians and others who examined, attended, cared for and treated the plaintiffs for the injuries and conditions and aggravations for which damages are claimed in this lawsuit, including actual x-rays, test data and interpretations, consultations, diagnoses, prognoses and medical history. 9. Duly executed and acknowledged authorizations 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 plaintiffs 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. 10. If plaintiffs are claiming lost earnings, duly executed and acknowledged authorizations permitting the undersigned or their representatives to examine and make copies of plaintiffs' employment records relevant to the above action. Demand is also made for a plaintiffs' copy of W-2 forms and income tax returns for the three years preceding the occurrence and the year of the occurrence itself, discoverable under Rule 3120 of the CPLR and the cases of Gillian v. Lepone, 295 N.Y.S.2d 955 and Ortiz v Mary Immaculate Hospital, 368 N.Y.S.2d 57. 11. If plaintiffs are claiming any disabilities following the occurrence, duly executed and acknowledged authorizations permitting the undersigned or their representatives to plaintiffs' examine and make copies of employment records and/or school records which relate to attendance, medical history, treatment and examinations by all physicians, nurses, hospitals and others. 12. Pursuant to CPLR 4545, copies of any and all books, records, bills, insurance applications, insurance receipts, checks, cancelled checks and any and all other records pertaining to collateral source reimbursements received by plaintiffs or on behalf of plaintiffs for the special damages alleged in the instant lawsuit. 13. Pursuant to CPLR 4545, duly executed authorizations permitting the defendants to obtain the records of any person, institution, facility or governmental agency which has provided or will provide any reimbursement for any of the special damages alleged herein, whether or not such person, organization, facility or governmental agency has been listed in 9 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 "12" response to Paragraph above. 14. A copy of the Index Number receipt with respect to this action. 15. A copy of the Affidavit(s) of Service stamped by the Court with respect to this action. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 2103(5), the offices of the undersigned will not accept service of papers by facsimile (FAX) transmittal or other electronic means. PLEASE TAKE FURTHER NOTICE, that the within demands are continuing. In the event of your failure to comply with this demand within twenty (20) days hereof, this defendant will exercise its rights pursuant to the Civil Practice Law and Rules and Rules of the Appellate Division, to preclude you from offering any evidence at the trial of this action with respect to the foregoing demands. Dated: Mineola, New York March 19, 2019 Yours etc., RANKIN SAVIDGE PLLC Attorneys for Defendant(s) 1527 Franklin Avenue, Suite 105 Mineola, New York 11501 (516) 208-1640 10 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----========== ¬--------------------X ANTHONY PASTORE, DEMAND FOR EXPERTS PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). ____-----____..-------------------------¬--------------X COUNSELORS: Pursünut to CPLR 3101(d)(1), you are hereby required to provide the answering party herein with the following information: 1. The name and address of each person who will be called as an expert witness at the trial. 2. The subject matter on which each expert is expected totestify. 3. The substance of the facts and opinions on which each expert is expected to testify. 4. The qualifications of each expert witness. 5. A summary of the grounds for each expert's opinion. Dated: Mineola, New York March 19, 2019 Yours etc., RANKIN SAVIDGE PLLC Attorneys for Defendant(s) 1527 Franklin Avenue, Suite 105 Mineola, New York 11501 T. 516-208-1640 11 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------¬--=== ======= --------------------X ANTHONY PASTORE, NOTICE FOR DEPOSITIONS PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). ------------------ --¬------------X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned will take the testimony of the adverse party (ies), in the following manner: Before : A Notary Public At : THE COURTHOUSE On : JUNE 19, 2019 @ 10:00 a.m. upon all of the relevant facts and circumstances surrounding the accident which is the subject of this action, including negligence, contributory negligence and damages; and for the purposes authorized by Section 3111 of the Civil Practice Law and Rules, said adverse party (ies) is (are) required to produce at such examination, the following: Any and all reports, memoranda, documents or other writings, pertaining to the matter in controversy, in defendant/plaintiffs possession and/or control. Dated: Mineola, New York March 19, 2019 Yours etc., RANKIN SAVIDGE PLLC Attorneys for Defendant 1527 Franklin Avenue, Suite 105 Mineola, New York 11501 (516) 208-1640 12 of 23 FILED: SUFFOLK COUNTY CLERK 03/27/2019 09:59 AM INDEX NO. 603355/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ANTHONY PASTORE, MEDICARE DISCOVERY DEMAND PLAINTIFF(S), -AGAINST- Index No.: 603355/2019 JAMES POLLARO AND KIM POLLARO DEFENDANT(S). --------------------------------------------------------------X TO: PLAINTIFF PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned demands that you produce within twenty (20) days at 10:00 o'clock in the forenoon of that day at the offices of the undersigned or at a mutually convenient location, for the purpose of discovery, inspection, photographing and non-destructive testing, the following: 1. State your full name; 2. State your social security number; 3. State your Medicare Health Insurance claim number; 4. State your gender; 5. State your date of birth; 6. Are you a MEDICARE BENEFICIARY? (MEDICARE BENEFICIARY is defined as a person eligible to receive Medicare Coverage pursuant to the requirement of the Social Security Act of 1965);