Answer: Zabrina Naranjo v. Columbia University, Rocco B. Commisso Soccer Stadium, The City Of New York

On June 08, 2020 a Answer was filed involving a dispute between Zabrina Naranjo, and Columbia University, Rocco B. Commisso Soccer Stadium, The City Of New York, for Torts - Other Negligence (premises) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 11/04/2020 04:27 PM INDEX NO. 154022/2020
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The City of New York
JAMES E. JOHNSON LAW DEPARTMENT
Corporation Counsel 100 CHURCH STREET
NEW YORK, NEW YORK 10007

Dear Counsel:

If you would like to have this case considered for possible early settlement by the
Early Intervention Unit of the Tort Division, the following items (as applicable) should be
forwarded to the attention of Millicent Nicholas-Richards via email to mnichola@law.nyc.gov.

IN ALL CASES COPIES OF THE FOLLOWING ITEMS MUST BE PROVIDED:
1. Notice of Claim and Filed Summons & Complaint.
2. Aided Card, if prepared.
3. UF18 - City Involved Accident Report, if prepared.
4. All medical and hospital records, including ambulance call report, first treatment, full
emergency room record, operative and radiology reports, treating physician(s) reports,
physical therapy records, etc.
5. Photographs (duplicates, color or laser copies preferred) of the location and of injuries, if
scarring is claimed.
6. Proof of any special damages claimed.
7. Any other item(s) that you believe pertinent to an early resolution of your case.
8. Social Security number and any other Medicare information – see attached notice
ALLEGED TRIP AND FALL ON A SIDEWALK OR ROADWAY
1. Most recently dated Big Apple map.
2. Any other documents that the plaintiff will rely upon to prove prior written notice.
MOTOR VEHICLE ACCIDENT CASES
1. Police Accident Report.
2. Agency incident/accident report, if prepared.
3. Repair bills and/or estimates.
4. If the accident involves traffic light or stop sign, any documentation that the plaintiff will
rely upon to prove notice.
ALLEGED PREMISES LIABILITY
1. Copies of any documents that plaintiff will rely on to establish ownership of the premises.
2. Prior complaints.
3. Accident/incident reports.
DEPARTMENT OF EDUCATION CASES
1. Accident and/or incident report and attachments, if any.

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2. Custodian reports.
3. Teacher(s) statements/reports.
4. Witness statements.
ALLEGED POLICE MISCONDUCT
1. Any police reports in your possession.
2. Arrest Report, Complaint report, follow-up reports and photographs.
3. Certified copy of the disposition of any criminal proceedings.
4. If entitlement to reimbursement of legal fees is claimed, copies of any bills incurred.
ALLEGED PROPERTY DAMAGE
1. Photographs (duplicates, color or laser copies preferred) depicting the items alleged to have
been damaged, prior and subsequent to the damage.
2. Original purchase receipts, cancelled checks, and/or charge slips for the items alleged to
have been damaged.
3. Appraisals, warranties, etc.
4. Copies of any insurance agreements pertaining to property damages and/or loss.

Please be advised that all of the above materials must be sent in order to have your case considered
for possible early settlement - incomplete cases cannot be considered. Within 30 days after receipt
of the above materials via email, you will be contacted to discuss the case further. Counsel
appearing at the conference must have settlement authority and be prepared to establish liability
and damages. If you have any questions, you may contact Nancy A. Goldbach directly by email to
ngoldbac@law.nyc.gov.

Very truly yours,

Nancy A. Goldbach

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The City of New York
LAW DEPARTMENT
Office of the Corporation Counsel (212) 356-3109 (fax)
medicare@law.nyc.gov
Tort Division
JAMES E. JOHNSON Medicare Compliance and Recovery Unit
Corporation Counsel 100 Church Street, 4th Floor
New York, NY 10007-2668

November 4, 2020

LAW OFFICES OF MICHAEL M. GOLDBERG, P.C.
265 SUNRISE HIGHWAY, SUITE 59
ROCKVILLE CENTRE, NEW YORK 11570

Re: ZABRINA NARANJO v. COLUMBIA
UNIVERSITY, ROCCO B. COMMISSO
SOCCER STADIUM AND THE CITY OF
NEW YORK
Law Dept. File No: 2020-024035

Dear Counselor:

We write to request that you provide us with certain personal identifying information
about each plaintiff you represent in this lawsuit in order for us to determine whether they are a
Medicare recipient(s). Specifically, we need each plaintiff’s date of birth, gender, and Social
Security number or Health Insurance Claim Number (HICN), also known as the Medicare
number. This information will be used by the Law Department to obtain plaintiff’s Medicare
status via a database established by the Centers for Medicare & Medicaid Services ("CMS") for
this purpose.1
Information about a plaintiff’s Medicare status is required by the City in order to comply
with federal Medicare laws. Self-insured liability entities (such as the City of New York) are
considered “primary plans” under the Medicare laws and are, therefore, required to report to
CMS all monetary recoveries obtained by Medicare-eligible plaintiffs in personal injury lawsuits.
See Medicare Secondary Payer Act (MSPA) 42 U.S.C. 1395y(b)(8)(A)(i); Seger v. Tank

1
CMS has developed a "query process" under which a responsible reporting entity (RRE) (such as the City in this
case) can determine a claimant's Medicare status electronically, as long as the RRE has access to the claimant's
name, date of birth, gender and social security number. Seger v. Tank Connection, LLC, 2010 U.S. Dist. LEXIS
49013 at *13 (D. Neb. Apr. 22, 2010).

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Connection, LLC, 2010 U.S. Dist. LEXIS 49013 (D. Neb. Apr. 22, 2010) ) (“the Extension Act
adds new mandatory reporting obligations to the Medicare Secondary Payer Act ("MSPA")
requiring . . . self-insurers to provide detailed information regarding all liability settlements or
open claims with ongoing responsibility for medical treatment with Medicare beneficiaries to the
Centers for Medicare and Medicaid Services ("CMS")”). Torres v Visto Realty Corp., 2015 N.Y.
App. Div. LEXIS 3216, 1-2 (1st Dep't 2015) (“plaintiff did not satisfy his obligations under
CPLR 5003-a, since he failed to provide defendant with the information relating to his Medicare
status that defendant requires to comply with its reporting obligations under 42 USC § 1395y”)
(citations omitted); Bey v. City of New York, 2013 U.S. Dist. LEXIS 15597, at *5-6 (E.D.N.Y.
Feb. 5, 2013) (same.). Thus, the City needs to ascertain plaintiff’s Medicare status for the
purposes of satisfying its reporting obligations.
Additionally, the City also requires the personal identifying information to resolve any
outstanding Medicare claims before issuing payment on settlements. See MSPA, 42 U.S.C.
1395y(b)(2)(B)(ii) (“a primary plan’s responsibility for such payment may be demonstrated by a
judgment [or settlement] . . . for items or services included in a claim against the primary plan . .
. .”); see also Torres v. Hirsch Park, LLC, 91 AD.3d 942 (2nd Dep’t 2012) (“the authorizations
that the Supreme Court directed the plaintiff to provide are necessary for the defendant to
comply with itsstatutory duty to report the identity of a claimant who is entitled to Medicare
benefits (see 42 USC 1395y[b][8]) and to determine the existence of potential subrogation claims
[under federal law]”) (citations omitted); Liss v. Brigham Park Coop Apts., 264 A.D.2d 717 (2d
Dep’t 1999) (because the Federal government has a right of action directly against the defendant
for recovery of its lien, it was “incumbent upon plaintiff to resolve the lien and give the
defendant a release.”)
Indeed, the responsibility of assuring reimbursement of Medicare claims extends to all
entities involved in the underlying liability action, including the plaintiff’s counsel. CFR §
411.24(g); United States v. Harris, 2009 U.S. Dist. LEXIS 23956 (N.D. W. Va. Mar. 26, 2009)
(holding that plaintiff’s attorney is liable to Medicare for unpaid liens because he disbursed
settlement funds in a liability case to his client without first reimbursing Medicare for its claims).
Thus, it is to all parties’ benefit to ascertain a plaintiff’s Medicare status as early as possible so as
to resolve any existing Medicare claims and facilitate payment of settlements.
In view of the foregoing, we ask that you promptly submit to us the requested
information. If you know for a fact that your client presently receives Medicare, you should
immediately (1) notify Medicare of the pending lawsuit; 2 (2) provide the Law Department with
plaintiff’s Medicare identification number and/or social security number; (3) obtain conditional
and final payment information from Medicare and (4) provide copies of any correspondences to
2
If you have never notified Medicare about this injury claim before, the first step is to report the injury to the
Benefits Coordination & Recovery Contractor (BCRC) at P.O. Box 138897, Oklahoma City, OK 73113-8897, or by
telephone at 1-855-798-2627. A case identifier will be established, and you will then receive a correspondence
from the BCRC concerning any conditional payments made by Medicare on your client’sbehalf for the injuries
underlying this case. BCRC is the agency that will issue final demand letters on amounts due Medicare. More
detailed information concerning the foregoing procedures can be found at http://go.cms.gov/cobro by clicking on
the links to the left of the screen entitled 'Non-Group Health Plan Recovery' and 'Reimbursing Medicare'. There is
also a portal on this website, the Medicare Secondary Payer Recovery Portal (MSPRP) that allows registered users
to access and update certain case-specific information online, including an electronic conditional payment letter.
Please visit the website for information as how to register for this service.

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the City. If future medical care for plaintiff is anticipated, you may also need to consider a
3
Medicare set-aside instrument for payment of future medical costs;
If plaintiff was insured under a Medicare Advantage Plan (“MAP”) under Part C of the
Medicare Act at any time after the incident at issue here, plaintiff should notify the City about
the MAP coverage, and also inform the MAP(s) of this lawsuit. Recent New York decisions
have held that a MAP provider can pursue recovery of its reimbursement and/or subrogation
claims in the same manner as traditional Medicare. See Potts v. Rawlings Co., LLC, 897 F.
Supp. 2d 185 (S.D.N.Y. 2012); Trezza v Trezza, 104 A.D.3d 37, 48 (2d Dep't 2012)
(“Based on the express preemption provision set forth in 42 USC § 1395w-26(b)(3), as well as
the regulations set forth in 42 CFR 422.108(f), we hold that General Obligations Law § 5-335,
insofar as applied to Medicare Advantage organizations under Part C, is preempted by federal
law since it would impermissibly constrain contractual reimbursement rights authorized under
the "Organization as secondary payer" provisions of the Medicare Act.”). Moreover, several
federal courts have ruled that a MAP provider can also bring a federal action to collect on its
liens under 42 U.S.C. § 1395y(b)(3)(A) - and can seek double damages thereunder. See In re
Avandia Mktg., 685 F.3d 353, 360 (3d Cir. Pa. 2012); Collins v. Wellcare Healthcare Plans, Inc.,
2014 U.S. Dist. LEXIS 174420 (E.D. La. Dec. 16, 2014). The City, therefore, will require
resolution of any Medicare-related claims as a condition to any settlement in this matter,
regardless whether the claims are asserted by the government under a traditional Medicare plan
or by a MAP under a Medicare Part C.
Thank you for your attention to the foregoing. Should you have any questions, feel free
to contact the City’s Medicare Compliance Unit at 212-356-2687.

PLEASE BE ADVISED THAT WE CANNOT FINALIZE ANY SETTLEMENT
WITH A CURRENT MEDICARE RECIPIENT WITHOUT FIRST RESOLVING
MEDICARE’S CLAIM.
Very truly yours,

Medicare Compliance Officer

Encl.

3
You should be aware that if CMS determines that Medicare's future interests were not adequately protected, CMS
may require that plaintiff expend up to the entire amount of the settlement on Medicare-covered expenses related to
the injury claimed in this lawsuit before Medicare will provide coverage for the further treatment of such injury. See
Cribb v. Sulzer Metco (US) Inc., 2012 U.S. Dist. LEXIS 134900 (E.D.N.C. Sept. 5, 2012); Sipler v. Trans Am
Trucking, Inc., 881 F. Supp. 2d 635, 638 (D.N.J. 2012). Accordingly, we suggest that plaintiff evaluate her future
medical needs with her physicians and consider creating a Medicare set-aside instrument at the appropriate time.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------- x

ZABRINA NARANJO,
ANSWER
Plaintiff(s),

-against- Index #: 154022/2020

COLUMBIA UNIVERSITY, ROCCO B. COMMISSO Law Dept. #: 2020-024035
SOCCER STADIUM AND THE CITY OF NEW YORK,
Your File #: 19-1106
Defendant(s).

----------------------------------------------------------------- x

Defendant THE CITY OF NEW YORK, by JAMES E. JOHNSON, Corporation

Counsel, answering the complaint, allege upon information and belief:

1. Deny each allegation set forth in paragraph(s) 2, 3, 14-18, 32-37,

inclusive.

2. Deny knowledge or information sufficient to form a belief with respect to

the truth of the allegations set forth in paragraph(s) 1, 19, 24, 29-31, inclusive.

3. Deny the allegations set forth in paragraph(s) 5-7, inclusive, except that a

notice of a claim was presented, that more than thirty days have elapsed without adjustment

thereof.

4. Deny each allegation set forth in paragraph(s) 20-23, 25-28, inclusive,

except that with respect to those portions of the street(s), sidewalks and appurtenances referred to

in the complaint which were or may have been owned by the City of New York, defendant(s)

had such duties as were imposed by law.

5. Deny each allegation set forth in paragraph(s) 4, inclusive, except that the

City of New York is a municipal corporation.

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6. Deny each allegation set forth in paragraph(s) 8-13, inclusive, so far as the

same may refer to the defendant(s) answering hereby.

AFFIRMATIVE DEFENSE(S)

7. Plaintiff(s)’ culpable conduct caused or contributed, in whole or in part, to

his/her/their injuries and or damages.

8. At all times mentioned in the complaint, plaintiff(s) knew or should have

known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the

activity alleged. Plaintiff(s) voluntarily performed and engaged in the alleged activity and

assumed the risk of the injuries and/or damages claimed. Plaintiff(s) failed to use all required,

proper, appropriate and reasonable safety devices and/or equipment and failed to take all proper,

appropriate and reasonable steps to assure his/her/their safety. Plaintiff(s)’ primary assumption

of risk solely caused his/her/their injuries and/or damage and defendant(s) owed no duty to the

plaintiff(s) with respect to the risk assumed. Plaintiff(s)’ express assumption of risk solely

caused his/her/their injuries and/or damage and defendant(s) owed no duty to the plaintiff(s) with

respect to the risk assumed. Plaintiff(s)’ implied assumption of risk caused or contributed, in

whole or in part to his/her/their injuries. In any action for injuries arising from the use of a

vehicle in, or upon which plaintiff(s) were riding; it will be claimed that the injuries and/or

damages sustained were caused by the failure of the plaintiff(s) to use available seat-belts and/or

other safety devices.

9. Defendants are immune from suit for their exercise of discretion in the

performance of a governmental function and/or their exercise of professional judgment.

10. The amounts recoverable by plaintiff(s) are subject to limitation pursuant

to Section 1601 of the Civil Practice Law and Rules, by reason of the culpable conduct of other

person(s) who are, or with reasonable diligence could have been made party defendant(s) to this

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action, or pursuant to Section 15-108 of the General Obligations Law, by reason of a prior

settlement between plaintiff(s) and said person(s), or pursuant to Section 4545 of the Civil

Practice Law and Rules are subject to reduction by collateral sources received by plaintiff(s), or

by reason of the fact that punitive damages are not recoverable against municipal defendant(s).

CROSS-CLAIMS

11. Any damages sustained by the plaintiff(s) were caused in whole or in part

by the acts or omissions of defendant(s) COLUMBIA UNIVERSITY, ROCCO B. COMMISSO

SOCCER STADIUM, who are or may be liable to the defendant(s) answering hereby for

contribution on the basis of their equitable shares of responsibility, or for indemnity on the basis

of a contract between them, actual or implied.

WHEREFORE, defendant(s) demand judgment dismissing the complaint and all cross-claims

against them, or, in the event that they are adjudged liable, granting judgment over, or

apportioning such liability in accordance with their equitable shares of responsibility, and

awarding the costs of this action, together with such other and further relief as to the court may

seem just.

JAMES E. JOHNSON
Corporation Counsel
100 Church Street
New York, New York 10007

* Served while working remotely during the COVID-19 emergency.

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Index #: 154022/2020

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

ZABRINA NARANJO,

Plaintiff(s),
- against -

COLUMBIA UNIVERSITY, ROCCO B. COMMISSO SOCCER STADIUM
AND THE CITY OF NEW YORK,

Defendant(s).

COMBINED DEMAND FOR
BILL OF PARTICULARS & DISCOVERY

JAMES E. JOHNSON
Corporation Counsel
Attorney for Defendant THE CITY OF NEW YORK,100 Church Street
New York, New York 10007
Telephone Numbers:

Early Intervention Unit (settlements – all Boroughs)
(212) 356-1665
Pleadings Unit (212) 356-3235 (pleadings matters only)

All Other Matters (Inquire by county of venue)
Bronx Office: (718) 503-5030 (EBT’s - 5045)
Brooklyn Office: (718) 724-5200 (EBT's-5226)
Manhattan Office: (212) 356-2725 (EBT's-2791)
Queens Office: (718) 558-2100 (EBT's - 2105)
Staten Island Office: (718) 876-3600 (EBT's-3603)

Please refer to the following Law Dept. #: 2020-024035

and indicate the County in which the action is pending in all papers,
correspondence and other communications with respect thereto.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

------------------------------------------------------------------------x

ZABRINA NARANJO,
COMBINED DEMAND FOR
Plaintiff(s), VERIFIED BILL OF
PARTICULARS & DISCOVERY
-against-

COLUMBIA UNIVERSITY, ROCCO B. COMMISSO
SOCCER STADIUM AND THE CITY OF NEW YORK,

Defendant(s).

------------------------------------------------------------------------x

DEMAND FOR VERIFIED BILL OF PARTICULARS

PLEASE TAKE NOTICE that pursuant to CPLR 3041, plaintiff(s) is required within 30
days following service of this demand to serve upon JAMES E. JOHNSON, Corporation Counsel, a
verified bill of particulars setting forth in reasonable detail a statement of the following:

1. The exact date and time of the act or occurrence.
2. The specific location of the act or occurrence with reference to addresses, landmarks, or
other identifying points of reference, including the direction and distance therefrom. If the occurrence took
place inside a premise, state specifically the location within the premise and also include the block and lot of
the premises.
3. State the injuries claimed, if any.
4. State those injuries claimed to be permanent.
5. If applicable, set forth the length of time it is alleged the plaintiff(s) was confined to:
(a) Hospital(s);
(b) Bed;
(c) House.
6. If applicable, set forth the amount claimed as special damages for:
(a) Physician(s) services;
(b) Nurses services;
(c) Hospital expenses;
(d) Drugs and medical supplies;
(e) X-rays and diagnostic tests.
For each of the foregoing elements of damages please state the name and address(es) of the
provider(s) and the dates of treatment. If any of the foregoing elements of damages have been repaid to the
plaintiff(s) or otherwise paid for by other sources, identify each type of service recompensed, the source or
sources of such recompense, the amount so paid and the net amount of out of pocket expenses sustained by
the plaintiff(s).
7. If applicable, state the total amount of all other special damages not specified in items
above; and please state the
(a) name and address of each service provider;
(b) each date of the service;
(c) amount of the expense for each provider;
(d) amount of any expense paid by a third-party (including any payment made to
reimburse plaintiff);
(e) name and address of the third-party paying any expense; and
(f) amount of any unreimbursed expense paid by plaintiff(s) personally to each
provider.

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8. State the occupation of plaintiff(s) at the time of the incident; and please state the:
(a) name and address of any employer for 5 years prior to alleged incident and up to
the time of trial;
(b) length of time totally disabled from work;
(c) length of time partially disabled from work;
(d) amount claimed for lost earnings, if any;
i. if a loss of earnings claim is alleged, please state the yearly gross earnings for
each year during 5 years prior to alleged incident and up to the time of trial;
and
(e) number of days absent from work as a result of injuries sustained from the
incident.
9. State the (a) name and address of any school attended by plaintiff(s) for 5 years prior to
alleged incident and up to the time of trial; and (b) the number of days lost from school as a result of injuries
sustained from incident.
10. State the home address of plaintiff(s) for a period of 5 years prior to the alleged incident
to the present.
11. State any other name used by plaintiff(s) and the time period when the name was used.
12. State the date of birth and social security number of plaintiff(s) (disclosure of social
security number is voluntary). If a social security number is disclosed, it will be used by defendant(s) to
determine whether plaintiff(s) is (are) Medicaid recipient(s) for purposes of determining whether a Medicaid
lien may attach to any judgment or settlement obtained against the defendant(s).
13. State whether plaintiff(s) is (are) Medicare recipient(s). If plaintiff is or was a Medicare
recipient please provide their Medicare identification number and social security number (disclosure of
social security number is voluntary). If a social security number is disclosed, it will be used by
defendant(s) to verify that plaintiff(s) is (are) Medicare recipient(s) for purposes of defendant(s) meeting its
(their) Medicare reporting obligations.
14. If plaintiff(s) has ever been convicted of a crime (including any guilty plea), please state
(a) the NYSID number of plaintiff; (b) the dates of every conviction; (c) whether the conviction was state or
federal; and (d) the county where each conviction occurred.
15. If the complaint alleges loss of services, set forth the pecuniary loss, if any, alleged in
the complaint. Enumerate the damages for:
(a) Loss of services;
(b) Consortium;
(c) Other expenses.
16. State those injuries arising from the use or operation of a motor vehicle which are
claimed to be serious, as defined in Insurance Law § 5102 (d), if any.
17. If property damage is claimed, please state (a) all property damaged; (b) the fair market
value of each item at the time it was damaged; (c) the cost of repairing each item; (d) the cost of replacing
each item; (e) the date each item was acquired; (f) the purchase cost of each item; (g) the amount(s) provided
by a third-party to reimburse damage; (h) the name and address of any third-party which reimbursed damage;
and (i) amount of any unreimbursed payment made by plaintiff(s) to replace or repair a damaged item.
18. State the manner in which it is claimed the accident occurred.
19. State separately the acts or omissions constituting the alleged negligence of each of the
answering defendant(s), if any.
20. State separately the acts of each of the answering defendant(s) constituting the
intentional wrongs claimed, if any.
21. State the names of the employee(s) or agents of the answering defendant(s) who are
alleged to have committed the acts set forth in the items above.
22. Describe any alleged dangerous and defective condition and or the object or
instrumentality complained of, as well as the nature of the condition alleged.
23. State whether any repairs were made prior to the happening of the alleged accident.
24. If it is alleged that repairs were made prior to the happening of the accident, state when,
where, and by whom, the repairs were made.
25. State whether actual or constructive notice is claimed or whether it is alleged that
defendant created the condition complained of.
26. If actual notice is claimed, then set forth the following:
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(a) The names of the employees, agents and/or servants of the defendant(s) to
whom it will be alleged said actual notice was given;
(b) By whom will it be claimed that said actual notice was given on each occasion
aforesaid;
(c) The date or dates of each said notice;
(d) The place said actual notice was given.
27. If constructive notice is claimed, state the length of time said condition is alleged to have
existed prior to the happening of the alleged occurrence.
28. If prior written notice is claimed, specify the nature of such notice.
29. If prior written notice is claimed, then set forth the following:
(a) The name(s) of the entity, agency, employees, agents and/or servants of the
defendant(s) to whom it will be alleged said prior written notice was given;
(b) By whom will it be claimed that said prior written notice was given on each
occasion aforesaid;
(c) The date or dates of each said notice;
(d) The place said notice was given.
30. In any action where plaintiff(s) claim the violation of any statute, ordinance, rule, order,
requirement or regulation, state separately and specifically all such statutes, ordinances, rules or regulations
alleged to have been violated by the answering defendant(s).
31. If applicable, describe in what respects defendant(s) failed to provide plaintiff(s) with a
safe place to work.
32. If applicable, state whether plaintiff(s) will allege that this defendant(s) was a party to a
contract. If yes;
(a) State the parties to the contract;
(b) State the contract number.
33. If applicable, set forth each and every item of construction, excavation or demolition
work which the plaintiff(s) will allege was not so constructed, shored, equipped, guarded, arranged, operated
and conducted as to provide reasonable and adequate safety; setting forth the manner in which the
construction, shoring, equipping, guarding, arranging, operating and/or conducting of the construction,
excavating, or demolition work is alleged to have caused the plaintiff(s) alleged injury.
34. If applicable, state whether the plaintiff(s) will allege that this defendant(s) exercised
control over the work being performed at the job site. If yes, state the nature and extent of the control
allegedly exercised and the exact manner in which said control was exercised.
35. If applicable, state those injuries claimed to be “grave”, as defined in the Workers’
Compensation Law § 11.

ALLEGED DEFAMATION
Where applicable, in addition to the foregoing, ifplaintiff(s) alleges defamation, the
following items are additionally demanded:
36. Whether the alleged defamatory statement was communicated orally or in a writing.
37. With respect to each of the answering defendant(s), the particular words complained of
and allegedly communicated.
38. The name(s) and address(es) of any person(s) it is alleged heard or received the
defamatory statement(s).
39. If it is alleged that the defamatory statement(s) were communicated in a writing, set
forth the date(s), nature, and content of the writing.
40. If it is alleged that any defamatory statement was published, set forth the date(s), nature
and name of the media or publication and each republication of the alleged defamatory statement.
41. The circumstances, acts, and/or omissions which evince defendant(s) knowledge of the
falsity, or reckless disregard of the truth, or malice, with respect to the statement(s) allegedly made.

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FILED: NEW YORK COUNTY CLERK 11/04/2020 04:27 PM INDEX NO. 154022/2020
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/04/2020
ALLEGED POLICE MISCONDUCT
Where applicable, in addition to the foregoing, if plaintiff(s) alleges police misconduct,
the following items are additionally demanded:
42. State the criminal court file and docket number of the criminal proceeding.
43. State the (a) the specific charges; (b) the disposition of each charge; and (c) the date of
said disposition.
44. State the date and time taken into custody.
45. State the date of arraignment.
46. State the date and time released from incarceration.
47. State the name, address, and phone number of attorney(s) who represented plaintiff(s) in
the criminal proceedings.
48. State the amount claimed for legal fees, if any.
49. State the NYSID number of plaintiff(s).
50. For each criminal proceeding, including arraignment, please state the (a) the type of
proceeding; (b) the date(s) of the proceeding; (c) the name of reporter who transcribed the proceeding; and
(d) the name of Judge who presided over the proceeding.

ALLEGED EXPOSURE TO LEAD-BASED PAINT
Where applicable, in addition to the foregoing, if plaintiff(s) allege damages as a result
of exposure to lead-based paint, the following items are additionally demanded:
51. The day, month, and year of initial exposure;
52. The day, month and year when exposure terminated;
53. The address(es), includin

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Lyle E Frank Track Judge’s New Case

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November 04, 2020

Case Filing Date

June 08, 2020

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Answer: Zabrina Naranjo v. Columbia University, Rocco B. Commisso Soccer Stadium, The City Of New York

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