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FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-- ------------------------------------------------------------X
KIMBERLY ARCIERO,
Index No. 150417/2019
Plaintiff,
CERTIFICATION
- against - PURSUANT TO CPLR 22
NYCRR 130-1.1
THE PORT AUTHORITY OF NEW YORK and NEW
JERSEY, SKANSKA USA BUILDING INC., SKANSKA
USA CIVIL, WALSH CONSTRUCTION COMPANY and
WALSH CONSTRUCTION COMPANY II,LLC each of
the foregoing individually and d/b/a SKANSKA WALSH,
J.V.,
Defendants.
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The attorney's signature below shall be applicable to the following documents:
I. Demand for Addresses
II. Demand for Amount of Damages
III. Demand for Employment Authorizations
IV. Demand for Medical Information and Hospital Authorization
V. Demand for Statements
VI. Demand for Collateral Source Reimbursement Information
VII. Demand for Names and Addresses of Witnesses
VIII. Demand for Names and Addresses of Expert Witnesses
IX. Notice Pursuant to CPLR §§3120 and 3121 to Produce Recordings of Defense
Medical, Vocational and/or Life Care Examinations/ Assessments
X. Demand for Retainer Agreement
XI. Demand for Authorizations
XII. Demand for an Index Number
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XIII. Demand pursuant to the Medicare, Medicaid and SCHIP Extension Act of 2007
XIV. Notice to Produce Social Media Authorizations and to Preserve Social Media
Information
XV. Notice for Claim and 50-H Transcript
XVI. Notice to Produce Medical Authorizations
XVII. Notice to Produce Photographs
Dated: New York, New York
March 26, 2019
Yours, etc.,
FABIANI OHEN & HALL, LLP
Sander N. Rothchild
Attorneys for Defendants
THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY, SKANSKA USA
BUILDING INC., SKANSKA USA CIVIL
NORTHEAST INC. s/h/a SKANSKA USA
CIVIL, WALSH CONSTRUCTION
COMPANY II, LLC s/h/a "WALSH
CONSTRUCTION COMPANY and
WALSH CONSTRUCTION COMPANY II,
LLC"
and SKANSKA/WALSH JOINT
VENTURE s/h/a "each of the
foregoing individually
and d/b/a
J.V."
SKANSKA WALSH,
Phone: (212) 644-4420
File No. 745.39035
TO: ARYE, LUSTIG & SASSOWER, P.C.
Attorneys for Plaintiff
KIMBERLY ARCIERO
20 Vesey Street
New York, New York 10007
(212) 732-4992
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------- ----------- ---------X
KIMBERLY ARCIERO,
Index No. 150417/2019
Plaintiff,
COMBINED DISCOVERY
- against - DEMANDS
THE PORT AUTHORITY OF NEW YORK and NEW
JERSEY, SKANSKA USA BUILDING INC., SKANSKA
USA CIVIL, WALSH CONSTRUCTION COMPANY and
WALSH CONSTRUCTION COMPANY II,LLC each of
the foregoing individually and d/b/a SKANSKA WALSH,
J.V.,
Defendants.
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I. DEMAND FOR ADDRESSES
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the answering defendants
hereby demands a verified statement setting forth the present home address of the plaintiffs, said
statement to be served upon the undersigned within twenty (20) days from the date of this
demand.
II. DEMAND FOR AMOUNT OF DAMAGES
PLEASE TAKE NOTICE, that pursuant to CPLR §3017(c), demand is hereby made
that plaintiffs serve upon the undersigned within fifteen (15) days hereof, a supplemental demand
setting forth those sums which plaintiffs assert as and for damages with respect to each cause of
action alleged against the answering defendants.
III. DEMAND FOR EMPLOYMENT AUTHORIZATIONS
PLEASE TAKE NOTICE, that the undersigned dernañds that, in accordance with
provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiffs provide,
within twenty (20) days, the following:
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1) Duly executed authorizations to obtain the complete employment records of
plaintiff for the years 2009 to the present.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we will
make such motions at or prior to trial as are required for the protection of the interests of our
client, including the dismissal of this action or the preclusion from offering any evidence with
respect to employment.
IV. DEMAND FOR MEDICAL INFORMATION AND HOSPITAL
AUTHORIZATION
PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with the
provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiffs provide,
within twenty (20) days, the following:
1. Medical reports and records, including x-rays, CAT scans and all other test
records and results of all of those treating physicians, osteopaths, chiropractors and/or other
licensed medical professionals who have treated or consulted with plaintiffs upon whose
testimony plaintiffs will rely upon a trial of this action.
2. Duly executed original authorizations to obtain the medical records, including
x-rays, CAT scans, any osteopaths, chiropractors and/or other licensed medical professionals
who have treated plaintiff with respect to any injuries, physical or mental, alleged to have
resulted from the events complained of by plaintiffs in the within action.
3. Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have treated plaintiff with respect to any injuries, physical or mental,
alleged to have resulted from the events complained of by plaintiffs in the within action.
4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or
other licensed medical professionals who have rendered treatment to plaintiff with respect to any
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condition pre-existing or preceding the events complained of in the complaint involving disease,
disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any
way is alleged to have been aggravated or exacerbated, or to have caused any increase in the
sequella of those injuries or conditions allegedly resulting from the events complained of in the
within action.
5. Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have rendered treatment to plaintiff with respect to condition
any
pre-existing or preceding the events complained of in the complaint involving disease, disability
or injury (or, if applicable, prior psychiatric or psychological disorders) which in any is
way
alleged to have caused any increase in the sequella of those injuries or conditions allegedly
resulting from the events complained of in the within action.
"4"
PLEASE TAKE FURTHER NOTICE, that with respect to items numbered "3",
and "5", the authorizations to be provided shall state, as well, the approximate period or periods
that such services were rendered or provided.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we will
make such motions at or prior to trial as are required for the protection of the interests of our
client including dismissal of this action or the preclusion from offering any evidence with respect
to which responses by plaintiff have not been given.
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V. DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), demand is hereby made
upon you for a copy of all statements whether oral, stenographic or written, signed or unsigned,
of answering defendants, their agents and/or employees. If there are no statements, please advise
in writing.
PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
within twenty (20) days of the date of this demand, will serve as a basis of objection by the
undersigned to the use of such statements upon the trial of this matter.
VL DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION
PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for
discovery, inspection and copying by the undersigned counsel for answering defendânis the
following:
1. Any and all books, records, bills, insurance applications, insurance receipts,
cancelled checks, copies of 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.
2. Duly executed authorizations permitting the answering 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 response to Paragraph 1,
above.
3. It is requested that the aforesaid production be made within twenty (20) days of
the date hereof at 10:00 a.m. at the address of the undersigned indicated below. Inspection will
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be made and copying will be done at answering defendants expense and the documents will be
returned promptly after copying has been completed.
VII. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES
PLEASE TAKE NOTICE, that pursuant to CPLR §3101, dernañd is hereby made that
you provide, within twenty (20) days, the names and addresses of all persons known to your
client or to you, as attorneys for your client, with respect to the following:
1. Any witnesses to the occurrence and/or events complained of in the complaint of
plaintiff.
2. Witnesses having knowledge of any alleged:
(a) Wrongful act, error or omission allegedly committed or omitted by:
(i) The party;
(ii) Any other defendant or third-party defendant in this action;
(iii) Any person or party not a defendant or third-party defendant in this
action.
(b) Any allegedly dangerous or defective condition with respect to any
premises, instrumentality or device;
(c) The condition of the premises, instrumentality or device complained of in
this action:
(i) Within 30 days prior to the date of the occurrence or event;
(ii) At any time subsequent to the occurrence or event.
3. Any medical, dental, paramedical, hospital, clinic or mental health facility which
has treated plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries
allegedly sustained, exacerbated or aggravated by reason of the circumstances or events
complained of in this action.
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4. Any persons having knowledge with respect to any conversations,
communications or writings with respect to the circumstances or events referred to in the
complaint or in any affirmative defense asserted by any party herein.
5. Any persons having knowledge with respect to any items of special or general
damages asserted by plaintiff in the within action or with respect to any set-off or counterclaim
by any defendant or third-party defendant.
If you are unaware of any witnesses at this time, please provide a statement to that effect.
VIIL DEMAND PURSUANT TO CPLR §3101(d) FOR
EXPERT WITNESS DISCLOSURJ
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), the following information
is requested to be produced by all parties to the undersigned attorneys within twenty (20) days of
the date of this notice:
1. State the name and address of each person you expect to call to give expert
testimony at the trialof this action.
2. State the qualifications, including educational background and degrees,
publications, memberships in professional organizations and societies, certifications and licenses
and employment history of each person you expect to call to give expert testimony at the trial of
this action.
3. For each person you expect to call to give expert testimony at the trial of this
detail"
action, state the subject matter "in reasonable of the testimony, opinions and conclusions
to which the expert will rely in formulating his opinions and conclusions, and the source or
sources of the expert's knowledge concerning such facts including, where applicable, the date,
statistics, studies, surveys, reports, test results, analyses and all other source material relied upon
by the expert.
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PLEASE TAKE FURTHER NOTICE, that this demand is to be deemed a continuing
demand and all responsive information that subsequently is made known or becomes available to
both plaintiffs and co-defendant shall be furnished to the undersigned in a timely fashion. These
answering defendants will move at the time of trial, or prior thereto, to preclude the giving of
testimony by an expert from whom full and complete information has not been furnished in
compliance with this demand.
IX. NOTICE PURSUANT TO CPLR 663120 AND 3121 TO PRODUCE
RECORDINGS OF DEFENSE MEDICAL, VOCATIONAL AND/OR LIFE CARE
EXAMINATIONS/ ASSESSMENTS
PLEASE TAKE NOTICE, that defendants hereby demand, pursuant to CPLR §§3120
and 3121, that plaintiffs produce the following at the office of the undersigned within twenty
(20) days following the completion of any defense medical, vocational and/or life care
examination(s) and/or assessment(s) of the plaintiff:
1. Complete, unredacted and unedited copy of recording(s) (audio, video, electronic
or otherwise), along with any outtakes, made at the defense medical examination(s) and/or
vocational rehabilitation assessment(s) and/or life care plan assessment(s).
2. The unprocessed video footage in original and native format.
3. All photographs in original format.
4. All reports, documents and/or memoranda relating to the above requested
recording(s).
5. The names and addresses of the person or persons who made the recording(s).
6. All billing and time records of any person, company or firm who took the above
requested recording(s).
7. Identify the manner in which the recording(s) was made and whether permission
was obtained from the subject and/or subjects prior to the recording(s).
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8. An identification of allvideo and stillphotography equipment used to capture the
above-requested recording(s), including manufacture numbers, model numbers and serial
numbers.
9. Identification of any computers used for video editing, including, software
identification and version used for editing the above requested recording(s).
10. Identity of all persons who participated in the editing and renderings of any video
clips with respect to the above requested recording(s).
11. The names and addresses of the person or persons who accompanied and were
present with plaintiffs, if any, during the examination(s) and/or assessment(s) of the plaintiffs
held in this action; and
12. The names and addresses of any person in possession of recordings (audio, video,
electronic or otherwise) made at the examination(s) and/or assessment(s) held in this action.
PLEASE TAKE FURTHER NOTICE, that you are required to respond to each and
demand herein. In the event you cannot respond or do not possess such information you
every
are required to state so affirmatively together with an explanation for such.
PLEASE TAKE FURTHER NOTICE, that the undersigned reserves the right to move
to strike the case from the calendar and/or move for dismissal and/or preclusions for any failure
to comply with this continuing demand for discoverable materials.
PLEASE TAKE FURTHER NOTICE, upon your failure to comply with this demand,
the undersigned will object at the time of trial of this action to the offering of any evidence of
related to and/or associated with the demand(s) contained herein.
X. DEMAND FOR RETAINER AGREEMENT
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), demand is hereby made
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plaintiffs'
upon you for a copy of the retainer agreement with his/her attorney for the subject
action. Priest v. Hennessy, 51 N.Y.2d 409 N.E.2d 431 N.Y.S.2d 511 Rumrill-
62, 983, (1980);
Hoyt, Inc. v. Perri, 97 A.D.2d 951, 468 N.Y.S.2d 754 (4th Dep't 1983) . The retainer agreement
plaintiffs'
may be redacted in allrespects except the date and signature.
XI. DEMAND FOR AUTHORIZATIONS
PLEASE TAKE NOTICE that, the undersigned demands, in accordance with
provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff provides
within twenty (20) days, the following:
1. Duly executed authorization to obtain employment records of the plaintiff for the
years 2009 to the present.
2. Duly executed authorization to obtain plaintiffs W-2 records of the plaintiff for
the years 2009 to the present.
Workers'
3. Duly executed authorization to obtain Compensation Board file on the
plaintiff.
Workers'
4. Duly executed authorization to obtain plaintiffs records from the
Compensation carrier.
5. Duly executed authorization to obtain plaintiffs Union Local records.
6. Duly executed authorization to obtain plaintiffs Union Pension Fund records.
7. Duly executed authorization to obtain plaintiffs Union Health and Welfare Fund
records.
8. Duly executed authorization to obtain plaintiff's Union Disability records.
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9. Duly executed authorization to obtain plaintiffs federal tax returns for the years
2009 to the present on IRS Form 4506 inclusive of two forms of plaintiffs identification;
preferably with photographs.
10. Duly executed authorization for all of plaintiffs pharmaceutical records regarding
any prescriptions or medications.
11. Duly executed authorization for allof plaintiffs health insurance plans/providers.
12. Duly executed authorization to obtain the ambulance call log and other related
EMS or private ambulance service records for plaintiff herein.
13. Duly executed authorization to obtain plaintiffs records from the Social Security
Administration for benefits received in connection with the subject accident including but not
limited to disability benefits and survivor benefits.
14. A true and complete copy of plaintiff's most recent Social Security Statement
showing all those earnings on which plaintiff has paid Social Security taxes during his/her
working years and a summary of the estimated benefits plaintiff and his/her family may receive
as a result of those earnings.
15. A duly executed authorization permitting the answering defendant to secure a
copy of plaintiff's Social Security Statement directly from the Social Security Administration.
16. A duly executed authorization permitting the answering defendant to secure a
copy of plaintiff's records from any agency that provided unemployment benefits for the years
2009 to the present.
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall
make such motions at or prior to trialas are required for the protection of the interests of our
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client, including the dismissal of this action or the preclusion from offering any evidence with
respect to documents mentioned in this deinand.
XII. DEMAND FOR AN INDEX NUMBER
PLEASE TAKE NOTICE, that demand is hereby made pursuant to CPLR 306(a) that
within 30 days after completion of service of process, plaintiff files a copy of the Summons and
proof of service with the Clerk of the Court in the County in which the action is brought and
advise all parties of the index number immediately thereafter.
PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply
with this demand resulting in the answering defendants purchase of an index number, an
application will be made to the Court for an Order requiring that plaintiffs reimburse the
answering defendants in full for the cost of the index number, together with attorney's fees
incurred in making such application.
XIII. DEMAND PURSUANT TO THE MEDICARE. MEDICAID
and SCHIP EXTENSION ACT OF 2007.
PLEASE TAKE NOTICE that answering defendants hereby demand pursuant to CPLR
§ 3210(a) and the requirements of § 111 of the Medicare, Medicaid and SCHIP Extension Act of
2007 (42 U.S.C. §§1395 (y)(b)(7) and (b) (8)), that you provide and you are hereby required to
serve and deliver to the undersigned the following:
A. The plaintiff's Medicare Health Insurance Claim Nuinbers (HICNs),
Medicaid file number, New York State (or other state) Department of
Social Services (DSS) file number, and/or Medicare Secondary Payor
(MSP) file number, if applicable;
B. A copy of plaintiff's Social Security Card;
C. If the plaintiff has applied for or been awarded Medicare and/or Medicaid
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and/or DSS and/or MSP benefits, all information/documentation related to
the application and/or award of said benefits;
D. If the plaintiff has applied for or been awarded Supplementary Security
Income (SSI) or Social Security Disability Income (SSDI), all
information/documentation related to the application and/or award of said
benefits:
E. If the plaintiff has been diagnosed with or treated for end-stage renal
failure:
(1) Copies of all written reports and medical records of all attending
physicians and healthcare providers related to said treatment; and
defendants'
(2) Duly executed unrestricted authorizations enabling the
defendants'
attorneys and representatives, to inspect, examine and copy
the medical reports, x-rays, films and/or diagnostic studies, notes and
reports of all attending and/or examining physicians and health care
providers relating to the diagnosis, etiology, treatment and prognosis of
the injured plaintiff, diagnosis with or treatment for end-stage renal
failure. Said answering defendants further demand that a copy of the
attached authorization for use and disclosure of health information and/or
a specific authorization required by each provider be executed and
provided to the undersigned for use in conjunction with this demand.
F. If the plaintiff has been denied Medicare, Medicaid, SSI, and/or SSDI
benefits, provide all information/documentation concerning any such
denial;
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G. If the plaintiff has appealed or intends to appeal the denial of Medicare,
Medicaid, SSI, and/or SSDI benefits, provide all
information/documentation of any such appeal or intent to appeal.
H. State whether Medicare, Medicaid and/or the Social Security
Administration has a lien on any potential award, judgment or settlement
in this lawsuit and, if so, state the amount of such liens and provide all
information/documentation relative to these liens.
PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR § 3122 govern this
demand and if the party to whom the notice is directed objects to the disclosure, inspection or
examination or withholds any documents which appear to be within the category of the
documents - required the compliance with CPLR 3122 is required.
by notice, §
PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply
with any of these demands, said answering defendants will apply to the Court for the appropriate
relief including, but not limited to, an Order compelling compliance pursuant to CPLR § 3124
and/or appropriate relief pursuant to CPLR § 3126 and 22 N.Y.C.R.R. Part 130.
PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to
plaintiffs'
continue during the pendency of this action through and including the trial thereof and
responses must be amended and supplemented properly in compliance with CPLR § 3101 (h).
XIV. NOTICE TO PRODUCE SOCIAL MEDIA AUTHORIZATIONS AND TO
PRESERVE SOCIAL MEDIA INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR §3120(a) and the Court's recent
holdings in Romano v. Steelcase Inc., 30 Misc. 3d 426 (Suffolk Co., Sup. Ct. 2010) and Servelli
v. Westchester, 2007-19051 (Westchester Sup. Ct., Decernber 22, 2010), the plaintiffs are hereby
required to produce the following items at the offices of FABIANI COHEN & HALL, LLP,
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FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -- ------------------------------------------------------------X KIMBERLY ARCIERO, Index No. 150417/2019 Plaintiff, CERTIFICATION - against - PURSUANT TO CPLR 22 NYCRR 130-1.1 THE PORT AUTHORITY OF NEW YORK and NEW JERSEY, SKANSKA USA BUILDING INC., SKANSKA USA CIVIL, WALSH CONSTRUCTION COMPANY and WALSH CONSTRUCTION COMPANY II,LLC each of the foregoing individually and d/b/a SKANSKA WALSH, J.V., Defendants. ---------------------------------------------------------------- -X The attorney's signature below shall be applicable to the following documents: I. Demand for Addresses II. Demand for Amount of Damages III. Demand for Employment Authorizations IV. Demand for Medical Information and Hospital Authorization V. Demand for Statements VI. Demand for Collateral Source Reimbursement Information VII. Demand for Names and Addresses of Witnesses VIII. Demand for Names and Addresses of Expert Witnesses IX. Notice Pursuant to CPLR §§3120 and 3121 to Produce Recordings of Defense Medical, Vocational and/or Life Care Examinations/ Assessments X. Demand for Retainer Agreement XI. Demand for Authorizations XII. Demand for an Index Number [1622682/1] 1 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 XIII. Demand pursuant to the Medicare, Medicaid and SCHIP Extension Act of 2007 XIV. Notice to Produce Social Media Authorizations and to Preserve Social Media Information XV. Notice for Claim and 50-H Transcript XVI. Notice to Produce Medical Authorizations XVII. Notice to Produce Photographs Dated: New York, New York March 26, 2019 Yours, etc., FABIANI OHEN & HALL, LLP Sander N. Rothchild Attorneys for Defendants THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, SKANSKA USA BUILDING INC., SKANSKA USA CIVIL NORTHEAST INC. s/h/a SKANSKA USA CIVIL, WALSH CONSTRUCTION COMPANY II, LLC s/h/a "WALSH CONSTRUCTION COMPANY and WALSH CONSTRUCTION COMPANY II, LLC" and SKANSKA/WALSH JOINT VENTURE s/h/a "each of the foregoing individually and d/b/a J.V." SKANSKA WALSH, Phone: (212) 644-4420 File No. 745.39035 TO: ARYE, LUSTIG & SASSOWER, P.C. Attorneys for Plaintiff KIMBERLY ARCIERO 20 Vesey Street New York, New York 10007 (212) 732-4992 [1622682/1] 2 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------- ----------- ---------X KIMBERLY ARCIERO, Index No. 150417/2019 Plaintiff, COMBINED DISCOVERY - against - DEMANDS THE PORT AUTHORITY OF NEW YORK and NEW JERSEY, SKANSKA USA BUILDING INC., SKANSKA USA CIVIL, WALSH CONSTRUCTION COMPANY and WALSH CONSTRUCTION COMPANY II,LLC each of the foregoing individually and d/b/a SKANSKA WALSH, J.V., Defendants. --------------------------------------------------------------------------------X I. DEMAND FOR ADDRESSES PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the answering defendants hereby demands a verified statement setting forth the present home address of the plaintiffs, said statement to be served upon the undersigned within twenty (20) days from the date of this demand. II. DEMAND FOR AMOUNT OF DAMAGES PLEASE TAKE NOTICE, that pursuant to CPLR §3017(c), demand is hereby made that plaintiffs serve upon the undersigned within fifteen (15) days hereof, a supplemental demand setting forth those sums which plaintiffs assert as and for damages with respect to each cause of action alleged against the answering defendants. III. DEMAND FOR EMPLOYMENT AUTHORIZATIONS PLEASE TAKE NOTICE, that the undersigned dernañds that, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiffs provide, within twenty (20) days, the following: [1622682/1] 3 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 1) Duly executed authorizations to obtain the complete employment records of plaintiff for the years 2009 to the present. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we will make such motions at or prior to trial as are required for the protection of the interests of our client, including the dismissal of this action or the preclusion from offering any evidence with respect to employment. IV. DEMAND FOR MEDICAL INFORMATION AND HOSPITAL AUTHORIZATION PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with the provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiffs provide, within twenty (20) days, the following: 1. Medical reports and records, including x-rays, CAT scans and all other test records and results of all of those treating physicians, osteopaths, chiropractors and/or other licensed medical professionals who have treated or consulted with plaintiffs upon whose testimony plaintiffs will rely upon a trial of this action. 2. Duly executed original authorizations to obtain the medical records, including x-rays, CAT scans, any osteopaths, chiropractors and/or other licensed medical professionals who have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiffs in the within action. 3. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiffs in the within action. 4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff with respect to any [1622682/1] 4 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequella of those injuries or conditions allegedly resulting from the events complained of in the within action. 5. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have rendered treatment to plaintiff with respect to condition any pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any is way alleged to have caused any increase in the sequella of those injuries or conditions allegedly resulting from the events complained of in the within action. "4" PLEASE TAKE FURTHER NOTICE, that with respect to items numbered "3", and "5", the authorizations to be provided shall state, as well, the approximate period or periods that such services were rendered or provided. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we will make such motions at or prior to trial as are required for the protection of the interests of our client including dismissal of this action or the preclusion from offering any evidence with respect to which responses by plaintiff have not been given. [1622682/1] 5 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 V. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), demand is hereby made upon you for a copy of all statements whether oral, stenographic or written, signed or unsigned, of answering defendants, their agents and/or employees. If there are no statements, please advise in writing. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within twenty (20) days of the date of this demand, will serve as a basis of objection by the undersigned to the use of such statements upon the trial of this matter. VL DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for discovery, inspection and copying by the undersigned counsel for answering defendânis the following: 1. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of 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. 2. Duly executed authorizations permitting the answering 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 response to Paragraph 1, above. 3. It is requested that the aforesaid production be made within twenty (20) days of the date hereof at 10:00 a.m. at the address of the undersigned indicated below. Inspection will [1622682/1] 6 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 be made and copying will be done at answering defendants expense and the documents will be returned promptly after copying has been completed. VII. DEMAND FOR NAMES AND ADDRESSES OF WITNESSES PLEASE TAKE NOTICE, that pursuant to CPLR §3101, dernañd is hereby made that you provide, within twenty (20) days, the names and addresses of all persons known to your client or to you, as attorneys for your client, with respect to the following: 1. Any witnesses to the occurrence and/or events complained of in the complaint of plaintiff. 2. Witnesses having knowledge of any alleged: (a) Wrongful act, error or omission allegedly committed or omitted by: (i) The party; (ii) Any other defendant or third-party defendant in this action; (iii) Any person or party not a defendant or third-party defendant in this action. (b) Any allegedly dangerous or defective condition with respect to any premises, instrumentality or device; (c) The condition of the premises, instrumentality or device complained of in this action: (i) Within 30 days prior to the date of the occurrence or event; (ii) At any time subsequent to the occurrence or event. 3. Any medical, dental, paramedical, hospital, clinic or mental health facility which has treated plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries allegedly sustained, exacerbated or aggravated by reason of the circumstances or events complained of in this action. [1622682/1] 7 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 4. Any persons having knowledge with respect to any conversations, communications or writings with respect to the circumstances or events referred to in the complaint or in any affirmative defense asserted by any party herein. 5. Any persons having knowledge with respect to any items of special or general damages asserted by plaintiff in the within action or with respect to any set-off or counterclaim by any defendant or third-party defendant. If you are unaware of any witnesses at this time, please provide a statement to that effect. VIIL DEMAND PURSUANT TO CPLR §3101(d) FOR EXPERT WITNESS DISCLOSURJ PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), the following information is requested to be produced by all parties to the undersigned attorneys within twenty (20) days of the date of this notice: 1. State the name and address of each person you expect to call to give expert testimony at the trialof this action. 2. State the qualifications, including educational background and degrees, publications, memberships in professional organizations and societies, certifications and licenses and employment history of each person you expect to call to give expert testimony at the trial of this action. 3. For each person you expect to call to give expert testimony at the trial of this detail" action, state the subject matter "in reasonable of the testimony, opinions and conclusions to which the expert will rely in formulating his opinions and conclusions, and the source or sources of the expert's knowledge concerning such facts including, where applicable, the date, statistics, studies, surveys, reports, test results, analyses and all other source material relied upon by the expert. [1622682/1] 8 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 PLEASE TAKE FURTHER NOTICE, that this demand is to be deemed a continuing demand and all responsive information that subsequently is made known or becomes available to both plaintiffs and co-defendant shall be furnished to the undersigned in a timely fashion. These answering defendants will move at the time of trial, or prior thereto, to preclude the giving of testimony by an expert from whom full and complete information has not been furnished in compliance with this demand. IX. NOTICE PURSUANT TO CPLR 663120 AND 3121 TO PRODUCE RECORDINGS OF DEFENSE MEDICAL, VOCATIONAL AND/OR LIFE CARE EXAMINATIONS/ ASSESSMENTS PLEASE TAKE NOTICE, that defendants hereby demand, pursuant to CPLR §§3120 and 3121, that plaintiffs produce the following at the office of the undersigned within twenty (20) days following the completion of any defense medical, vocational and/or life care examination(s) and/or assessment(s) of the plaintiff: 1. Complete, unredacted and unedited copy of recording(s) (audio, video, electronic or otherwise), along with any outtakes, made at the defense medical examination(s) and/or vocational rehabilitation assessment(s) and/or life care plan assessment(s). 2. The unprocessed video footage in original and native format. 3. All photographs in original format. 4. All reports, documents and/or memoranda relating to the above requested recording(s). 5. The names and addresses of the person or persons who made the recording(s). 6. All billing and time records of any person, company or firm who took the above requested recording(s). 7. Identify the manner in which the recording(s) was made and whether permission was obtained from the subject and/or subjects prior to the recording(s). [1622682/1] 9 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 8. An identification of allvideo and stillphotography equipment used to capture the above-requested recording(s), including manufacture numbers, model numbers and serial numbers. 9. Identification of any computers used for video editing, including, software identification and version used for editing the above requested recording(s). 10. Identity of all persons who participated in the editing and renderings of any video clips with respect to the above requested recording(s). 11. The names and addresses of the person or persons who accompanied and were present with plaintiffs, if any, during the examination(s) and/or assessment(s) of the plaintiffs held in this action; and 12. The names and addresses of any person in possession of recordings (audio, video, electronic or otherwise) made at the examination(s) and/or assessment(s) held in this action. PLEASE TAKE FURTHER NOTICE, that you are required to respond to each and demand herein. In the event you cannot respond or do not possess such information you every are required to state so affirmatively together with an explanation for such. PLEASE TAKE FURTHER NOTICE, that the undersigned reserves the right to move to strike the case from the calendar and/or move for dismissal and/or preclusions for any failure to comply with this continuing demand for discoverable materials. PLEASE TAKE FURTHER NOTICE, upon your failure to comply with this demand, the undersigned will object at the time of trial of this action to the offering of any evidence of related to and/or associated with the demand(s) contained herein. X. DEMAND FOR RETAINER AGREEMENT PLEASE TAKE NOTICE, that pursuant to CPLR §3101(a), demand is hereby made [1622682/1] 10 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 plaintiffs' upon you for a copy of the retainer agreement with his/her attorney for the subject action. Priest v. Hennessy, 51 N.Y.2d 409 N.E.2d 431 N.Y.S.2d 511 Rumrill- 62, 983, (1980); Hoyt, Inc. v. Perri, 97 A.D.2d 951, 468 N.Y.S.2d 754 (4th Dep't 1983) . The retainer agreement plaintiffs' may be redacted in allrespects except the date and signature. XI. DEMAND FOR AUTHORIZATIONS PLEASE TAKE NOTICE that, the undersigned demands, in accordance with provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff provides within twenty (20) days, the following: 1. Duly executed authorization to obtain employment records of the plaintiff for the years 2009 to the present. 2. Duly executed authorization to obtain plaintiffs W-2 records of the plaintiff for the years 2009 to the present. Workers' 3. Duly executed authorization to obtain Compensation Board file on the plaintiff. Workers' 4. Duly executed authorization to obtain plaintiffs records from the Compensation carrier. 5. Duly executed authorization to obtain plaintiffs Union Local records. 6. Duly executed authorization to obtain plaintiffs Union Pension Fund records. 7. Duly executed authorization to obtain plaintiffs Union Health and Welfare Fund records. 8. Duly executed authorization to obtain plaintiff's Union Disability records. [1622682/1] 11 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 9. Duly executed authorization to obtain plaintiffs federal tax returns for the years 2009 to the present on IRS Form 4506 inclusive of two forms of plaintiffs identification; preferably with photographs. 10. Duly executed authorization for all of plaintiffs pharmaceutical records regarding any prescriptions or medications. 11. Duly executed authorization for allof plaintiffs health insurance plans/providers. 12. Duly executed authorization to obtain the ambulance call log and other related EMS or private ambulance service records for plaintiff herein. 13. Duly executed authorization to obtain plaintiffs records from the Social Security Administration for benefits received in connection with the subject accident including but not limited to disability benefits and survivor benefits. 14. A true and complete copy of plaintiff's most recent Social Security Statement showing all those earnings on which plaintiff has paid Social Security taxes during his/her working years and a summary of the estimated benefits plaintiff and his/her family may receive as a result of those earnings. 15. A duly executed authorization permitting the answering defendant to secure a copy of plaintiff's Social Security Statement directly from the Social Security Administration. 16. A duly executed authorization permitting the answering defendant to secure a copy of plaintiff's records from any agency that provided unemployment benefits for the years 2009 to the present. PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall make such motions at or prior to trialas are required for the protection of the interests of our [1622682/1] 12 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 client, including the dismissal of this action or the preclusion from offering any evidence with respect to documents mentioned in this deinand. XII. DEMAND FOR AN INDEX NUMBER PLEASE TAKE NOTICE, that demand is hereby made pursuant to CPLR 306(a) that within 30 days after completion of service of process, plaintiff files a copy of the Summons and proof of service with the Clerk of the Court in the County in which the action is brought and advise all parties of the index number immediately thereafter. PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff's failure to comply with this demand resulting in the answering defendants purchase of an index number, an application will be made to the Court for an Order requiring that plaintiffs reimburse the answering defendants in full for the cost of the index number, together with attorney's fees incurred in making such application. XIII. DEMAND PURSUANT TO THE MEDICARE. MEDICAID and SCHIP EXTENSION ACT OF 2007. PLEASE TAKE NOTICE that answering defendants hereby demand pursuant to CPLR § 3210(a) and the requirements of § 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. §§1395 (y)(b)(7) and (b) (8)), that you provide and you are hereby required to serve and deliver to the undersigned the following: A. The plaintiff's Medicare Health Insurance Claim Nuinbers (HICNs), Medicaid file number, New York State (or other state) Department of Social Services (DSS) file number, and/or Medicare Secondary Payor (MSP) file number, if applicable; B. A copy of plaintiff's Social Security Card; C. If the plaintiff has applied for or been awarded Medicare and/or Medicaid [1622682/1] 13 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 and/or DSS and/or MSP benefits, all information/documentation related to the application and/or award of said benefits; D. If the plaintiff has applied for or been awarded Supplementary Security Income (SSI) or Social Security Disability Income (SSDI), all information/documentation related to the application and/or award of said benefits: E. If the plaintiff has been diagnosed with or treated for end-stage renal failure: (1) Copies of all written reports and medical records of all attending physicians and healthcare providers related to said treatment; and defendants' (2) Duly executed unrestricted authorizations enabling the defendants' attorneys and representatives, to inspect, examine and copy the medical reports, x-rays, films and/or diagnostic studies, notes and reports of all attending and/or examining physicians and health care providers relating to the diagnosis, etiology, treatment and prognosis of the injured plaintiff, diagnosis with or treatment for end-stage renal failure. Said answering defendants further demand that a copy of the attached authorization for use and disclosure of health information and/or a specific authorization required by each provider be executed and provided to the undersigned for use in conjunction with this demand. F. If the plaintiff has been denied Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation concerning any such denial; [1622682/1] 14 of 19 FILED: NEW YORK COUNTY CLERK 03/27/2019 03:43 PM INDEX NO. 150417/2019 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/27/2019 G. If the plaintiff has appealed or intends to appeal the denial of Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation of any such appeal or intent to appeal. H. State whether Medicare, Medicaid and/or the Social Security Administration has a lien on any potential award, judgment or settlement in this lawsuit and, if so, state the amount of such liens and provide all information/documentation relative to these liens. PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR § 3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or examination or withholds any documents which appear to be within the category of the documents - required the compliance with CPLR 3122 is required. by notice, § PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with any of these demands, said answering defendants will apply to the Court for the appropriate relief including, but not limited to, an Order compelling compliance pursuant to CPLR § 3124 and/or appropriate relief pursuant to CPLR § 3126 and 22 N.Y.C.R.R. Part 130. PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to plaintiffs' continue during the pendency of this action through and including the trial thereof and responses must be amended and supplemented properly in compliance with CPLR § 3101 (h). XIV. NOTICE TO PRODUCE SOCIAL MEDIA AUTHORIZATIONS AND TO PRESERVE SOCIAL MEDIA INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR §3120(a) and the Court's recent holdings in Romano v. Steelcase Inc., 30 Misc. 3d 426 (Suffolk Co., Sup. Ct. 2010) and Servelli v. Westchester, 2007-19051 (Westchester Sup. Ct., Decernber 22, 2010), the plaintiffs are hereby required to produce the following items at the offices of FABIANI COHEN & HALL, LLP, [1622682/1]