Preview
FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019
Russo & Tambasco
Attorneys at Law
Attorneys and Support Staff are
Employees of Governmcat Employees Insurance Company
115 Broadhollow Road, Suite 300
Melville, NY 11747
Phone 760-0901- Fax: 760-0908
(631) (631)
Calendar: (631) 760-0901
Exmination Before Trial (631) 760-0902
Writer's direct line: (631) 760-0929
June 10, 2019
Donald Leo & Associates, P.C.
100-1 Patco Court
Suite 100
Islandia, NY 11749
Re: Larios v. Ullmann
Claim Number: 0007143090101339
Our File Number: 19-1009
Dear Counselor(s):
Enclosed please find our answer in the above captioned case.
Please refer to our file number when corresponding with this office.
Thank you.
Ve y y
ed oghby, sq.
Enc.
AE/ev
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CARMEN LARIOS
Plaintiff(s)
VERIFIED ANSWER WITH
- against - DEMANDS
ANNA ULLMANN AND JONATHAN Index No: 603331/2019
ULLMANN
_____ _________ Defendant(s)__ _______
CERTIFICATION PURSUANT TO SECTION 130-1.1a
OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR)
The undersigned certifies the following documents pursuant to 22NYCRR Section 130-1.1a:
Verified Answer to Verified Complaint and Demand for a Verified Bill of Particulars,
Demand for Medicare/Medicaid Lien Information, Combined Demand for Discovery and
Inspection, Notice to Take Deposition Upon Oral Exami ion, Refusal to Accept Service by
Facsimile Transmission and Notice to Submit to Physic Examinati n.
DATED: Melville, New York
June 10, 2019
Elzoghby, Es
RUSSO & TAMBAS O
Attorneys for Defendant(s)
Jonathan Ullmann and Anna Ullmann
115 Broad Hollow Road, Suite 300
Melville, NY 11747
(631) 760-0929
Our File No: 19-1009
Claim No: 0007143090101339 (J190)
Donald Leo & Associates, P.C.
Attorneys for Plaintiff(s)
100-1 Patco Court
Suite 100
Islandia, NY 11749
631-698-2000
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SUPREME COURT OF THK STATE OF XKW YORK
COUNTY OF SUFFOLK
CARMEN LARIOS
Plaintiff(s)
—agamst-
VERIFIED ANSWER
Index No,: 603331/2019
ANNA ULLMANN AND JONATHAN
ULLMANN
Defendant(s)
Defei~d~it(s) Jo~ath~~ Ullmann and Anna Ullmann, by the undersigned answering the
VERIFIED complaint of the plaintiff(s), upon information and belief, states as follows:
ANSWERING A FIRST CAUSE OF ACTION
FIRST: Denies having any knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paj.agr apn~ numbered and designated as: 1, 4, 16, 17, 18, 19
SECOND: Denies each and every allegation contained in paragraphs numbered and
designated as: 2, 3, 20, 21, 22, 23, 24, 25, 27
THIRD: Denies each and every alI.egation contained in paragraphs nu-.-.~ered and
designated as: 9, 10, 11, 13, 14, 15, 26, and respectfully refers all questions of law to the
Court
FOURTH: Admits each and every allegation contained in para' apI» numbered and
designated a.s: 5, 6, 7, 8, 12
AS AND FOR AN AFFIRMATIVE DEFENSE —COMPARATIVE NEGI IGKNCK
The personal inj~es an@'or property damage alleged to have been sustained by the
plaintiff(s) were caused entirely or in part through the culpable conduct attributable to the
plaintiff(s) and the defendant(s) seeks a dismissal or reduction in any recovery had by the
plaintiff(s) in the proportion which the culpable conduct attributable to the plaintiff(s) bears to
the culpable conduct which caused the damages.
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AS AND FOR AN AFFIRMATIVE DEFENSE - SEAT BELT
The plaintiff'(s) damages must be mitigated by the plaintiff'(s) failure to use the available
seat belts or infant restraining devices and that the damages claimed to have been sustained were
caused by the lack of use of said seat belts and/or infant restraining devices.
AS AND FOR AN AFFIRMATIVE DEFENSE - PERSONAL JURISDICTION
Service of process was not in conformity with the C.P.L.R.; therefore this Court does not
have jurisdiction over the person of the defendant(s).
AS AND FOR AN AFFIRMATIVE DEFENSE - COLLATERAL SOURCE
The costs incurred, or paid by plaintiff(s), if any, for medical care, dental care, custodial
care or rehabilitation services, loss of earning or other economic loss, in the past or future, were
or will, with reasonable certainty be replaced or indemnified, in whole or in part, from a
collateral source of the type described in CPLR §4545 and defendant(s) is/are entitled to have
any award reduced in the amount of such payments.
AS AND FOR AFFIMATIVE DEFENSE - FAILURE TO MITIGATE DAMAGES
That the plaintiff failed to mitigate or otherwise act to lesser or reduce the injuries,
disabilities, and damages alleged in the complaint herein.
AS AND FOR AN AFFIRMATIVE DEFENSE - EMERGENCY DOCTRINE
The defendant operator was faced with an emergency situation and acted reasonably
given the situation
WHEREFORE, defendant(s) demand(s) judgment dismissing the plaintiff'(s) complaint
herein together with the costs and disbursements of this action.
DATED: Melville, New York
June 10, 2019
Ahmed Elzoghby, Esq.
RUSSO & TAMBASCO
Attorneys for Defendant(s)
Jonathan Ullmann and Anna Ullmann
115 Broad Hollow Road, Suite 300
Melville, NY 11747
(631) 760-0929
Our File No: 19-1009
Claim No: 0007143090101339 (J190)
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VERIFICATION
Ahmed Elzoghby, Esq., an attorney admitted to practice in the Courts of this State, and
associated with the firm of RUSSO & TAMBASCO, attorneys for the defendant(s) Jonathan
Ullmann and Anna Ullmann, states:
That your affirmant has read the foregoing Answer and knows the contents thereof; that
the same is true to your affirmant's own knowledge except as to the matters which are stated
therein to be alleged on information and belief, and as to those matters your affirmant believes it
to be true. The source of your affirmant's information and belief, is an investigation caused to be
made with respect to the facts in this action.
That the reason this verification is made by affirmant and not by the defendant(s) is
because the defendant(s) does/do not reside within the county where RUSSO & TAMBASCO,
maintain their office.
The undersigned affirms that the state ent is true, under penalties of perjury.
foregoing
Date: Melville, New York
June 10, 2019
ed Elzoghby, Eb{.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CARMEN LARIOS
Plaintiff(s) DEMAND FOR A VERIFIED
BILL OF PARTICULARS
- against -
Index No.: 603331/2019
ANNA ULLMANN AND JONATHAN
ULLMANN
Defendant(s)__[__________________
SIR(S):
PLEASE TAKE NOTICE that the defendant(s) Jonathan Ullmann and Anna Ullmann,
hereby demand(s) that you serve upon the undersigned within thirty days from date of service
herein, a verified bill of particulars concerning the following matters:
1. Name, date of birth and social security number of plaintiff(s).
2. Post office and residence address of plaintiff(s) in sufficient detail to permit ready
location.
3. The date and approximate time of day of the occurrence.
4. The approximate location of the occurrence.
5. A general statement of the acts or omissions, constituting the negligence claimed. If
any violation of any rule, law, custom, ordinance or statute is claimed, identify and
specify the provision of same.
6. A statement of the injuries claimed to have been sustained as a result of the
occurrence and the nature and extent thereof.
7. A statement of such injuries claimed to be pern mnent and the nature and extent
thereof.
8. Length of time and dates confined to bed.
9. Length of time and dates confined to house.
10. Length of time totally incapacitated from employment and/or school.
11. Length of time partially incapacitated from employment and/or school.
12. Itemize all accounts claimed as special damages for (a) physician's services; (b)
medical supplies; (c) hospital expenses; (d) nurse's services; (e) loss of earnings; (f)
all other special damages; and (g) all out of pocket expenses.
13. Specify the monetary amount that will be claimed at trial for each and every element
of damages.
plaintiff(s)'
14. State the name and address of employer and/or school at the time of the
occurrence, if any.
15. If plaintiff(s) was self-employed at the time of the occurrence, state the facts upon
which plaintiff(s) bases his claim for loss of earnings, if any.
16. If property damages are claimed, describe the article, the damage thereto, date of
purchase, original cost, and cost of repair.
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17. If property damage to automobile is claimed, state the following: (a) The make, style,
plaintiff(s)'
model, year of manufacture, serial number and license number of motor
vehicle; (b) The parts of the motor vehicle alleged to have been damaged and the cost
of repair or replacement thereof; (c) Number of miles driven at time of occurrence;
(d) The length of time, and the amount, claimed for loss of use.
18. If monetary damage due to the loss of use of an automobile is claimed, state the
length of time claimed for the loss of use, the amount claimed, and the particulars by
which the amount was calculated.
19. In what respect plaintiff(s) have sustained serious injury as defined in subdivision d
of Sec. 5102 of the insurance law, or economic loss greater than basic economic loss,
as defined in subdivision a of Sec.5102 of the insurance law.
20. State the source or sources of collateral reimbursements or benefits pursuant to CPLR
4545(c) and for each such source provide the following: (a) the name and address of
the source; (b) the amount of the reimbursement; and (c) the date that reimbursement
was given.
21. Pursuant to CPLR Section 3101(d);
a) Identify and state the qualifications of each person whom you expect to call at trial
as an expert witness.
b) State the subject matter in reasonable detail upon which the expert is expected to
testify.
c) Provide the facts and opinions upon which the expert is expected to testify.
d) Provide a summary of the grounds of each such opinion.
e) Provide a copy of the expert's report furnished to plaintiff(s).
PLEASE TAKE FURTHER NOTICE that unless this demand is complied with, the
undersigned will move for: (1) an order precluding plaintiff(s) from giving evidence at the trial
of the items of which particulars have not been furnished; (2) an order staying all proceedings in
this action pursuant to Civil Practice Law and Rule 3042; and (3) such other and further relief as
the court may deem just and proper.
DATED: Melville, New York
June 10, 2019
Ahmed Elzoghby, Esq.
RUSSO & TAMBASCO
Attorneys for Defendant(s)
Jonathan Ullmann and Anna Ullmann
115 Broad Hollow Road, Suite 300
Melville, NY 11747
(631) 760-0929
Our File No: 19-1009
Claim No: 0007143090101339 (J190)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CARMEN LARIOS
DEMAND FOR
Plaintiff(s)
MEDICARE/MEDICAID
LIEN INFORMATION
- against -
Index No.: 603331/2019
ANNA ULLMANN AND JONATHAN
ULLMANN
____ . .... . Defendant(s) _________________.
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the Defendant,
Jonathan Ullmann and Anna Ullmann, by attorneys, RUSSO & TAMBASCO hereby demand
that the Plaintiff serve upon the undersigned attorney within twenty (20) days after date of
service of this notice the following:
1. A statement as to whether the Plaintiff received benefits from either Medicare or
Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If
so please state:
A. The Plaintiff s date of birth;
B. The Plaintiff s social security number;
C. The Medicare/Medicaid file number;
D. The address of the office handling the Plaintiff s Medicare/Medicaid file;
E. Copies of all documents, records, memorandums, notes, etc. in Plaintiff s
possession pertaining to his receipt of Medicare/Medicaid benefits;
"BEARER" "GEICO"
F. A duly executed authorization MADE OUT TO OR
bearing Plaintiff's date of birth and social security number permitting Defendants
to obtain a copy of the Plaintiff s Medicare/Medicaid records.
2. Copies of all letters, correspondence, etc. whereby Plaintiff has placed Medicaid
or Medicare on notice of the Plaintiff s pending personal injury claim and/or lawsuit, and a copy
of any acknowledgment of same from Medicaid or Medicare.
PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing
demand and that you are required to serve the demanded information by the earliest of the
following:
1. Within twenty (20) days of the date of this demand;
2. Within twenty (20) days of receiving the above-requested information;
3. No later than thirty (30) days prior to the commencement of trial.
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If you do not possess the above requested information, please submit a letter or affidavit
to that effect.
PLEASE TAKE FURTHER NOTICE, that your failure to respond to this Demand
within the time frame set forth above shall result in a motion to dismiss and/or compelling
disclosure and requesting sanctions.
DATED: Melville, New York
June 10, 2019
Ahmed Elzoghby, Esq.
RUSSO & TAMBASCO
Attorneys for Defendant(s)
Jonathan Ullmann and Anna Ullmann
115 Broad Hollow Road, Suite 300
Melville, NY 11747
(631) 760-0929
Our File No: 19-1009
Claim No: 0007143090101339 (J190)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
CARMEN LARIOS
Plaintiff(s)
COMBINED DEMAND FOR
- against - DISCOVERY AND INSPECTION
ANNA ULLMANN AND JONATHAN Index No.: 603331/2019
ULLMANN
Defendant(s)
SIR(S):
PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the
undersigned, the following:
DEMAND FOR INDEX NUMBER
Pursuant to the filing requirements of Section 306-a of the C.P.L.R. and the notice
requirements of 22 N.Y.C.R.R. 202.5, you are to advise, in writing, of the County Clerk's Index
Number assigned to this action.
DEMAND FOR ALL PARTIES APPEARING
A list of names of all parties that have appeared in this action, together with the names
and addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R.
DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON
COUNTERCLAIM AND/OR CO-DEFENDANT(S)
Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect
and copy the contents of any insurance agreement under which any person or entity carrying on
an insurance business may be liable to satisfy part or all of the judgment which may be entered in
this action, or to indemnify or reimburse for payments made to satisfy the judgment which may
be entered herein, including by not limited to excess and additional coverage. If there is no
excess or additional coverage and there is the only one insurer liable to satisfy part or all of a
judgment which may be entered in this action, then the undersigned demands a sworn affidavit
from your client stating this.
DEMAND FOR WITNESSES
Pursuant to C.P.L.R. 3101(a) and this demand, you are requested to produce and permit
discovery by the undersigned or another acting on their behalf of the following:
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FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 Russo & Tambasco Attorneys at Law Attorneys and Support Staff are Employees of Governmcat Employees Insurance Company 115 Broadhollow Road, Suite 300 Melville, NY 11747 Phone 760-0901- Fax: 760-0908 (631) (631) Calendar: (631) 760-0901 Exmination Before Trial (631) 760-0902 Writer's direct line: (631) 760-0929 June 10, 2019 Donald Leo & Associates, P.C. 100-1 Patco Court Suite 100 Islandia, NY 11749 Re: Larios v. Ullmann Claim Number: 0007143090101339 Our File Number: 19-1009 Dear Counselor(s): Enclosed please find our answer in the above captioned case. Please refer to our file number when corresponding with this office. Thank you. Ve y y ed oghby, sq. Enc. AE/ev 1 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CARMEN LARIOS Plaintiff(s) VERIFIED ANSWER WITH - against - DEMANDS ANNA ULLMANN AND JONATHAN Index No: 603331/2019 ULLMANN _____ _________ Defendant(s)__ _______ CERTIFICATION PURSUANT TO SECTION 130-1.1a OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR) The undersigned certifies the following documents pursuant to 22NYCRR Section 130-1.1a: Verified Answer to Verified Complaint and Demand for a Verified Bill of Particulars, Demand for Medicare/Medicaid Lien Information, Combined Demand for Discovery and Inspection, Notice to Take Deposition Upon Oral Exami ion, Refusal to Accept Service by Facsimile Transmission and Notice to Submit to Physic Examinati n. DATED: Melville, New York June 10, 2019 Elzoghby, Es RUSSO & TAMBAS O Attorneys for Defendant(s) Jonathan Ullmann and Anna Ullmann 115 Broad Hollow Road, Suite 300 Melville, NY 11747 (631) 760-0929 Our File No: 19-1009 Claim No: 0007143090101339 (J190) Donald Leo & Associates, P.C. Attorneys for Plaintiff(s) 100-1 Patco Court Suite 100 Islandia, NY 11749 631-698-2000 2 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 SUPREME COURT OF THK STATE OF XKW YORK COUNTY OF SUFFOLK CARMEN LARIOS Plaintiff(s) —agamst- VERIFIED ANSWER Index No,: 603331/2019 ANNA ULLMANN AND JONATHAN ULLMANN Defendant(s) Defei~d~it(s) Jo~ath~~ Ullmann and Anna Ullmann, by the undersigned answering the VERIFIED complaint of the plaintiff(s), upon information and belief, states as follows: ANSWERING A FIRST CAUSE OF ACTION FIRST: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paj.agr apn~ numbered and designated as: 1, 4, 16, 17, 18, 19 SECOND: Denies each and every allegation contained in paragraphs numbered and designated as: 2, 3, 20, 21, 22, 23, 24, 25, 27 THIRD: Denies each and every alI.egation contained in paragraphs nu-.-.~ered and designated as: 9, 10, 11, 13, 14, 15, 26, and respectfully refers all questions of law to the Court FOURTH: Admits each and every allegation contained in para' apI» numbered and designated a.s: 5, 6, 7, 8, 12 AS AND FOR AN AFFIRMATIVE DEFENSE —COMPARATIVE NEGI IGKNCK The personal inj~es an@'or property damage alleged to have been sustained by the plaintiff(s) were caused entirely or in part through the culpable conduct attributable to the plaintiff(s) and the defendant(s) seeks a dismissal or reduction in any recovery had by the plaintiff(s) in the proportion which the culpable conduct attributable to the plaintiff(s) bears to the culpable conduct which caused the damages. 3 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 AS AND FOR AN AFFIRMATIVE DEFENSE - SEAT BELT The plaintiff'(s) damages must be mitigated by the plaintiff'(s) failure to use the available seat belts or infant restraining devices and that the damages claimed to have been sustained were caused by the lack of use of said seat belts and/or infant restraining devices. AS AND FOR AN AFFIRMATIVE DEFENSE - PERSONAL JURISDICTION Service of process was not in conformity with the C.P.L.R.; therefore this Court does not have jurisdiction over the person of the defendant(s). AS AND FOR AN AFFIRMATIVE DEFENSE - COLLATERAL SOURCE The costs incurred, or paid by plaintiff(s), if any, for medical care, dental care, custodial care or rehabilitation services, loss of earning or other economic loss, in the past or future, were or will, with reasonable certainty be replaced or indemnified, in whole or in part, from a collateral source of the type described in CPLR §4545 and defendant(s) is/are entitled to have any award reduced in the amount of such payments. AS AND FOR AFFIMATIVE DEFENSE - FAILURE TO MITIGATE DAMAGES That the plaintiff failed to mitigate or otherwise act to lesser or reduce the injuries, disabilities, and damages alleged in the complaint herein. AS AND FOR AN AFFIRMATIVE DEFENSE - EMERGENCY DOCTRINE The defendant operator was faced with an emergency situation and acted reasonably given the situation WHEREFORE, defendant(s) demand(s) judgment dismissing the plaintiff'(s) complaint herein together with the costs and disbursements of this action. DATED: Melville, New York June 10, 2019 Ahmed Elzoghby, Esq. RUSSO & TAMBASCO Attorneys for Defendant(s) Jonathan Ullmann and Anna Ullmann 115 Broad Hollow Road, Suite 300 Melville, NY 11747 (631) 760-0929 Our File No: 19-1009 Claim No: 0007143090101339 (J190) 4 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 VERIFICATION Ahmed Elzoghby, Esq., an attorney admitted to practice in the Courts of this State, and associated with the firm of RUSSO & TAMBASCO, attorneys for the defendant(s) Jonathan Ullmann and Anna Ullmann, states: That your affirmant has read the foregoing Answer and knows the contents thereof; that the same is true to your affirmant's own knowledge except as to the matters which are stated therein to be alleged on information and belief, and as to those matters your affirmant believes it to be true. The source of your affirmant's information and belief, is an investigation caused to be made with respect to the facts in this action. That the reason this verification is made by affirmant and not by the defendant(s) is because the defendant(s) does/do not reside within the county where RUSSO & TAMBASCO, maintain their office. The undersigned affirms that the state ent is true, under penalties of perjury. foregoing Date: Melville, New York June 10, 2019 ed Elzoghby, Eb{. 5 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CARMEN LARIOS Plaintiff(s) DEMAND FOR A VERIFIED BILL OF PARTICULARS - against - Index No.: 603331/2019 ANNA ULLMANN AND JONATHAN ULLMANN Defendant(s)__[__________________ SIR(S): PLEASE TAKE NOTICE that the defendant(s) Jonathan Ullmann and Anna Ullmann, hereby demand(s) that you serve upon the undersigned within thirty days from date of service herein, a verified bill of particulars concerning the following matters: 1. Name, date of birth and social security number of plaintiff(s). 2. Post office and residence address of plaintiff(s) in sufficient detail to permit ready location. 3. The date and approximate time of day of the occurrence. 4. The approximate location of the occurrence. 5. A general statement of the acts or omissions, constituting the negligence claimed. If any violation of any rule, law, custom, ordinance or statute is claimed, identify and specify the provision of same. 6. A statement of the injuries claimed to have been sustained as a result of the occurrence and the nature and extent thereof. 7. A statement of such injuries claimed to be pern mnent and the nature and extent thereof. 8. Length of time and dates confined to bed. 9. Length of time and dates confined to house. 10. Length of time totally incapacitated from employment and/or school. 11. Length of time partially incapacitated from employment and/or school. 12. Itemize all accounts claimed as special damages for (a) physician's services; (b) medical supplies; (c) hospital expenses; (d) nurse's services; (e) loss of earnings; (f) all other special damages; and (g) all out of pocket expenses. 13. Specify the monetary amount that will be claimed at trial for each and every element of damages. plaintiff(s)' 14. State the name and address of employer and/or school at the time of the occurrence, if any. 15. If plaintiff(s) was self-employed at the time of the occurrence, state the facts upon which plaintiff(s) bases his claim for loss of earnings, if any. 16. If property damages are claimed, describe the article, the damage thereto, date of purchase, original cost, and cost of repair. 6 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 17. If property damage to automobile is claimed, state the following: (a) The make, style, plaintiff(s)' model, year of manufacture, serial number and license number of motor vehicle; (b) The parts of the motor vehicle alleged to have been damaged and the cost of repair or replacement thereof; (c) Number of miles driven at time of occurrence; (d) The length of time, and the amount, claimed for loss of use. 18. If monetary damage due to the loss of use of an automobile is claimed, state the length of time claimed for the loss of use, the amount claimed, and the particulars by which the amount was calculated. 19. In what respect plaintiff(s) have sustained serious injury as defined in subdivision d of Sec. 5102 of the insurance law, or economic loss greater than basic economic loss, as defined in subdivision a of Sec.5102 of the insurance law. 20. State the source or sources of collateral reimbursements or benefits pursuant to CPLR 4545(c) and for each such source provide the following: (a) the name and address of the source; (b) the amount of the reimbursement; and (c) the date that reimbursement was given. 21. Pursuant to CPLR Section 3101(d); a) Identify and state the qualifications of each person whom you expect to call at trial as an expert witness. b) State the subject matter in reasonable detail upon which the expert is expected to testify. c) Provide the facts and opinions upon which the expert is expected to testify. d) Provide a summary of the grounds of each such opinion. e) Provide a copy of the expert's report furnished to plaintiff(s). PLEASE TAKE FURTHER NOTICE that unless this demand is complied with, the undersigned will move for: (1) an order precluding plaintiff(s) from giving evidence at the trial of the items of which particulars have not been furnished; (2) an order staying all proceedings in this action pursuant to Civil Practice Law and Rule 3042; and (3) such other and further relief as the court may deem just and proper. DATED: Melville, New York June 10, 2019 Ahmed Elzoghby, Esq. RUSSO & TAMBASCO Attorneys for Defendant(s) Jonathan Ullmann and Anna Ullmann 115 Broad Hollow Road, Suite 300 Melville, NY 11747 (631) 760-0929 Our File No: 19-1009 Claim No: 0007143090101339 (J190) 7 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CARMEN LARIOS DEMAND FOR Plaintiff(s) MEDICARE/MEDICAID LIEN INFORMATION - against - Index No.: 603331/2019 ANNA ULLMANN AND JONATHAN ULLMANN ____ . .... . Defendant(s) _________________. PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the Defendant, Jonathan Ullmann and Anna Ullmann, by attorneys, RUSSO & TAMBASCO hereby demand that the Plaintiff serve upon the undersigned attorney within twenty (20) days after date of service of this notice the following: 1. A statement as to whether the Plaintiff received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so please state: A. The Plaintiff s date of birth; B. The Plaintiff s social security number; C. The Medicare/Medicaid file number; D. The address of the office handling the Plaintiff s Medicare/Medicaid file; E. Copies of all documents, records, memorandums, notes, etc. in Plaintiff s possession pertaining to his receipt of Medicare/Medicaid benefits; "BEARER" "GEICO" F. A duly executed authorization MADE OUT TO OR bearing Plaintiff's date of birth and social security number permitting Defendants to obtain a copy of the Plaintiff s Medicare/Medicaid records. 2. Copies of all letters, correspondence, etc. whereby Plaintiff has placed Medicaid or Medicare on notice of the Plaintiff s pending personal injury claim and/or lawsuit, and a copy of any acknowledgment of same from Medicaid or Medicare. PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: 1. Within twenty (20) days of the date of this demand; 2. Within twenty (20) days of receiving the above-requested information; 3. No later than thirty (30) days prior to the commencement of trial. 8 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 If you do not possess the above requested information, please submit a letter or affidavit to that effect. PLEASE TAKE FURTHER NOTICE, that your failure to respond to this Demand within the time frame set forth above shall result in a motion to dismiss and/or compelling disclosure and requesting sanctions. DATED: Melville, New York June 10, 2019 Ahmed Elzoghby, Esq. RUSSO & TAMBASCO Attorneys for Defendant(s) Jonathan Ullmann and Anna Ullmann 115 Broad Hollow Road, Suite 300 Melville, NY 11747 (631) 760-0929 Our File No: 19-1009 Claim No: 0007143090101339 (J190) 9 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/11/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CARMEN LARIOS Plaintiff(s) COMBINED DEMAND FOR - against - DISCOVERY AND INSPECTION ANNA ULLMANN AND JONATHAN Index No.: 603331/2019 ULLMANN Defendant(s) SIR(S): PLEASE TAKE NOTICE that demand is hereby made upon you to serve upon the undersigned, the following: DEMAND FOR INDEX NUMBER Pursuant to the filing requirements of Section 306-a of the C.P.L.R. and the notice requirements of 22 N.Y.C.R.R. 202.5, you are to advise, in writing, of the County Clerk's Index Number assigned to this action. DEMAND FOR ALL PARTIES APPEARING A list of names of all parties that have appeared in this action, together with the names and addresses of their respective attorneys pursuant to Section 2103(e) of the C.P.L.R. DEMAND FOR INSURANCE COVERAGE TO PLAINTIFF(S) ON COUNTERCLAIM AND/OR CO-DEFENDANT(S) Pursuant to C.P.L.R. 3101(f), you are to produce and permit the undersigned to inspect and copy the contents of any insurance agreement under which any person or entity carrying on an insurance business may be liable to satisfy part or all of the judgment which may be entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment which may be entered herein, including by not limited to excess and additional coverage. If there is no excess or additional coverage and there is the only one insurer liable to satisfy part or all of a judgment which may be entered in this action, then the undersigned demands a sworn affidavit from your client stating this. DEMAND FOR WITNESSES Pursuant to C.P.L.R. 3101(a) and this demand, you are requested to produce and permit discovery by the undersigned or another acting on their behalf of the following: 10 of 20 FILED: SUFFOLK COUNTY CLERK 06/11/2019 08:55 AM INDEX NO. 603331/2019 NYSCEF DOC. NO. 2 RECEIVED