Preview
FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMY LEE,
Plaintiff(s)
VERIFIED ANSWER
- against -
Index No.: 155000l2018
KENNETH EGRI, JR.,
Defendant(s)
Defendant(s) Kenneth Egri Jr.,by the undersigned answering the VERIFIED complaint
of the plaintiff(s), upon information and belief, states as follows:
ANSWERING THE PARTIES ACTION
FIRST: Denies having any knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraphs numbered and designated as: 1, 3
SECOND: Admits each and every allegation contained in paragraphs numbered and
designated as: 2
ANSWERING A FIRST CAUSE OF ACTION
THIRD: Answering paragraph 4 repeat(s) and reiterate(s) each and every admission and
denial heretofore made to paragraphs set therein with the same force and effect as if more fully
set forth herein.
FOURTH: Denies having any knowledge or information sufficient to form a belief as to
the truth of the allegations contained in paragraphs numbered and designated as: 7, 8, 9, 10.
FIFTH: Denies each and every allegation contained in paragraphs numbered and
designated as: 11, 12, 13. 14, 15, 16.
SIXTH: Admits each and every allegation contained in paragraphs numbered and
designated as: 5, 6.
AS AND FOR AN AFFIRMATIVE DEFENSE - COMPARATIVE NEGLIGENCE
The personal injuries and/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 - 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.
WHEREFORE, defendant(s) demand(s) judgment dismissing the plaintiff'(s) complaint
herein together with the costs and disbursements of this action.
DATED: Westbury, New York
July 19, 2018
Igor Gridenko, Esq.
Law Office Of Dennis C. Bartling
Attorneys for Defendant(s)
Kenneth Egri Jr.
1400 Old Country Road, Suite 201
Westbury, NY 11590
516-247-4723
Our File No: 18R1296
Claim No: 0522008510101043 (J601)
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VERIFICATION
Igor Gridenko, Esq., an attorney admitted to practice in the Courts of this State, and
associated with the firm of Law Office Of Dennis C. Bartling, attorneys for the defendant(s)
Kenneth Egri Jr.,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 afErmant'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 Law Office Of Dennis C.
Bartling, maintain their office.
The undersigned affirms that the foregoing statement is true,under penalties of perjury.
Date: Westbury, New York
July 19, 2018
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMY LEE,
DEMAND FOR A VERIFIED
Plaintiff(s)
BILL OF PARTICULARS
- against -
Index No.: 155000/2018
KENNETH EGRI, JR.,
Defendant(s)
PLEASE TAKE NOTICE that the defendant(s) Kenneth Egri Jr., hereby demand(s) that
you serve upon the undersigned within thirty days from date of service herein, a verified billof
particulars concerning the following matters:
1. Name, date of birth and social security number of plaintiff(s)
2. Post office and residence address of plaintiffin sufficient detail to permit ready location.
3. All names by which plaintiff(s) has been known.
4. Marital status of plaintiff(s) now and on the date of the occurrence.
5. The date and approximate time of day of the occurrence.
6. The approximate location of the occurrence.
7. A general statement of the acts or omissions, constituting the negligence claimed. Ifany violation of
any rule, law, custom, ordinance or statute isclaimed, identify and specify the provision of same.
8. A statement of the injuries claimed to have been sustained as a result of the occurrence and the nature
and extent thereof.
9. A statement of such injuries claimed to be permanent and the nature and extent thereof.
10. Length of time and dates confined to bed.
11. Length of time and dates confined to house.
12. Length of time totallyincapacitated from employment and/or school.
13. Length of time partially incapacitated from employment and/or school.
14. 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)allother special damages; and (g)
allout of pocket expenses.
l 5.State whether plaintiff(s) receives or received Medicare benefits and, ifso, provide plaintiff(s) Health
Insurance Claim Number (HICN).
16. Specify the monetary amount thatwill be claimed at trialfor each and every element of damages.
17. State the name and address of plaintiff'semployer and/or school at the time of the occurrence, ifany.
18. Ifplaintiff was self-employed at the time of the occurrence, statethe facts upon which plaintiff bases
the claim for loss of earnings, ifany.
19. Ifproperty damages are claimed, describe the article, the damage thereto, date of purchase, original
cost,and cost of repair.
20. Ifproperty damage to automobile isclaimed, statethe following: (a) The make, style, model, year of
manufacture, serialnumber and license number of plaintiffs 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.
21. If monetary damage due tothe loss of use of an automobile isclaimed, state the length of time
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claimed for the loss of use, the amount claimed, and the particulars by which the amount was
calculated.
22. In what respect plaintiff has 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.
23. 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.
24. Pursuant to CPLR Section 3 l 0 l(d);
a) Identify and state the qualifications of each person whom you expect to call at trialas an expert
witness.
b) State the subject matter in reasonable detail upon which the expert isexpected to testify.
c) Provide the facts and opinions upon which the expert isexpected 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.
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: Westbury, New York
July 19, 2018
Igor Gridenko, Esq.
Law Office Of Dennis C. Bartling
Attorneys for Defendant(s)
Kenneth Egri Jr.
1400 Old Country Road, Suite 201
Westbury, NY 11590
516-247-4723
Our File No: 18R1296
Claim No: 0522008510101043 (J601)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMY LEE,
DEMAND FOR
Plaintiff(s) MEDICARE/MEDICAID
LIEN INFORMATION
- against -
Index No.: 155000/2018
KENNETH EGRI, JR.,
Defendant(s)
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the Defendant,
Kenneth Egri Jr.,by attorneys, Law Office Of Dennis C. Bartling 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:
PlaintiA"
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: Westbury. New York
July 19, 2018
Igor Gridenko, Esq.
Law Office Of Dennis C. Bartling
Attorneys for Defendant(s)
Kenneth Egri Jr.
1400 Old Country Road, Suite 201
Westbury, NY 11590
516-247-4723
Our File No: 18R1296
Claim No: 0522008510101043 (J601)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMY LEE,
Plaintiff(s)
COMBINED DEMAND FOR
- -
DISCOVERY AND INSPECTION
against
Index No.: 155000/2018
KENNETH EGRI, JR.,
Defendant(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:
Names and addresses of allpersons claimed by your client(s) to have
either witnesses the occurrence or to have firsthand knowledge of same,
or knowledge of any injuriesor damages allegedly suffered by plaintiff(s)
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as the result of this occurrence, or to have notice of the nature and
duration of any alleged condition(s) proximately causing this occurrence,
or to have witnessed or firsthand knowledge of any such notice given to
the party(ies) we represent and/or any other party in thisaction, or having
firsthand knowledge of facts and circumstances regarding this
occurrence, whether obtained by your client(s) at the scene of the
occurrence or thereafter obtained by your client(s) attorneys or
representatives. Ifno such persons are known to your client(s) or your
client(s) representatives, so state in reply to thisdemand. The
undersigned will object at time of trialof this action to the testimony of
any persons not so identified.
PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives,
obtain names and addresses of such persons subsequent to their response to this notice, such
information is to be furnished to the undersigned whenever so obtained. The undersigned will
object at the time of trial of this action the testimony of any persons not so identified.
DEMAND FOR EXPERT WITNESSES
1. The name and address of each expert witness which you expect to call at the trial of
this action.
2. The subject matter in reasonable detail upon which each such expert is expected to
testify.
3. The substance of the facts and opinions upon which each such expert is expected to
testify.
4. The qualifications of each such expert witness.
5. A summary of the grounds for each such expert(s) opinion.
6. Provide medical reports of those medical providers who have previously treated or
examined the party seeking recovery. These shall include a recital of the injuries and conditions
as to which testimony will be offered at the trial,referring to and identifying those x-ray and
technicians'
reports which will be offered at the trial, including a description of the injuries, a
diagnosis and a prognosis.
PLEASE TAKE FURTHER NOTICE, that ifany such expert which you expect to call as
a witness on the trial of this action intends to rely upon or introduce into evidence any portion of
any technical standard or learned treatise, you are hereby required to identify any such standard
or treatise, including in the case of standards. the issuing body and the standard number; in the
case of books, author, title,publication date and publisher; and in the case of journal articles,
journal title,volume number, page, publication date and publisher.
DEMAND FOR ACCIDENT REPOR TS
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client(s)'
All accident reports and/or motor vehicle accident reports in your possession,
pursuant to C.P.L.R. 3101(g).
DEMAND FOR STATEMENT
Copy(ies) of each and every written statement or the transcript of each and every oral
statement which itwill be alleged was made by or attributed to the party(ies) we represent in this
action. If none, so state.
DEMAND FOR PHOTOGRAPHS
client(s)'
Copy(ies) of allphotographs, slides, video tapes and/or motion pictures in your
possession, pertaining to the accident site, defective conditions(s) claimed and/or
instrumentality(ies) in issue.
DEMAND FOR INCOME TAX RETURNS
plaintiff(s)'
Copies of income tax returns for a period of three (3) years preceding the
plaintiff(s)'
date of the accident as set forth in complaint to present, as well as a duly executed,
plaintiff(s)'
acknowledged and current authorization allowing this office to obtain the tax records
for a period of three (3) years before the accident in question. This authorization must include
two forms of identification, including one photo identification.
DEMAND FOR SCHOOL AUTHORIZATIONS
Set forth duly executed and acknowledged authorizations, pursuant to Section 3101(a)
and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the school records
of the plaintiff(s) from the beginning of the school year preceding the date of accident as set
forth in the complaint to the present period of any disability claimed.
DEMAND FOR EMPLOYMENT AUTHORIZATIONS
Set forth duly executed and acknowledged authorizations pursuant to Section 3101(a) and
Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the employment
records of the plaintiff(s) from three (3) years preceding the date of accident as set forth in
plaintiff(s) complaint to the present period of any disability claimed.
DEMAND FOR NO-FAULT RECORDS
If a claim has been or will be made by plaintiff(s) pursuant to the terms of ARTICLE
XVIII of the Insurance Law of the State of New York (No-Fault Law); with respect to each and
every application and/or claim:
1. Set forth the name, address, policy number and claim number of each company to
which a claim has been made or will be made,
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2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain copies of the records relating to the plaintiff(s) from each
company identified in the response to the above.
DEMAND FOR WORKER'S COMPENSATION RECORDS
If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the
Worker's Compensation Law, with respect to each and every application:
1. Set forth name, address, policy number to which a claim has been or will be made,
together with the Worker's Compensation Board filenumber.
2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain copies of the records relating to the plaintiff(s) from each
company identified in response to the above.
DEMAND FOR DISABILITY RECORDS
If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the
Social Security Laws, with respect to each and every application and/or claim:
1. Set forth the claim office, address and the claim number assigned.
2. Set forth duly executed and acknowledged written authorizations enabling the
undersigned to obtain copies of the records relating to the plaintiff(s).
DEMAND FOR INFORMATION ON COLLATERAL SOURCE
A statement pursuant to C.PLR. 4545(c), in writing, under oath, setting forth the
following:
1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitative costs, (e)
loss of earnings, or (f) other economic loss that was or will be replaced or
indemnified by (a) insurance, (b) Social Security, (c) worker's compensation, (d)
employee benefit programs or (e) other source, not including No-Fault basic
economic loss in automobile cases, which the plaintiff(s) intend(s) to prove as
special damages.
plaintiff(s)'
2. The amounts the plaintiff(s) will claim as lawful liens against the
recovery.
3. The amount of premiums actually paid by the plaintiff(s) in the two (2) year period
preceding the accrual of his/her/their cause of action.
4. The amount of premiums actually paid by the plaintiff(s) between the accrual of
his/her/their cause of action and the present date.
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5. The projected future costs of the plaintiff(s) maintaining such benefits.
DEMAND FOR MEDICAL INFORMATION
1. The names and addresses of allphysicians or other health care providers of every description
who have consulted, examined or treated the plaintitT(s) for each of the conditions alleged caused
by, or exacerbated by, the occurrence described in the complaint including the date of such
treatment or examination.
2. Duly executed and acknowledged written authorizations (HIPAA compliant) directed to any
hospital(s), clinics, or other health care facility in which the plaintiff(s) herein claiming injury,
consulted, examined or treated due to the occurrence set forth in the complaint, authorizing the
undersigned to obtain a copy of:
technicians'
the entire record or records including x-rays, and reports and a separate
authorization for intraoperative photographs.
3. Duly executed and acknowledged written authorizations (HIPAA compliant) to allow the
undersigned to obtain copies of the complete office medical records relating to the plaintiff(s)
from each physician or health care provider identified in (1) above.
4. Medical reports of those medical providers who have previously treated or examined the party
seeking recovery. These shall include a detailed recital of the injuries and conditions as to which
technicians'
testimony will be offered at the trial,referring to and identifying those x-ray and
reports which will be offered at the trial,including a description of the injuries, a diagnosis and a
prognosis.
5. If wrongful death is claimed, duly executed and acknowledged written authorizations
(HIPAA compliant) to allow the undersigned to obtain copies of the complete autopsy or post
mortem reports; also including but not limited to, pathology and toxicology testing.
6. Ifplaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is
made with respect to the pre-existing condition or injury for duly executed and
hereby
acknowledged current authorizations to allow the undersigned to obtain:
copies of the complete medical records, reports, notes, correspondence, etc. from all
a)
physicians, health care providers, hospitals, health care facilities, physical therapists,
chiropractors, etc., that treated or examined plaintiff(s);
the films and reports of all diagnostic tests (including, but not limited to MRIs, CT
b)
scans and x-rays) that were taken;
c) intraoperative photos
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d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s); and
e) copies of the complete legal files and no-fault files (if applicable)
7. If plaintiff(s) claims injury to a body part, for which plaintiff previously received medical
treatment then with respect to that prior treatment, demand is hereby made for duly executed and
acknowledged current authorizations to allow the undersigned to obtain:
a) copies of the complete medical records, reports, notes, correspondence, etc. from all
physicians, health care providers, hospitals, health care facilities physical therapists,
chiropractors, etc. that treated plaintiff(s);
b) the films and reports of alldiagnostic tests (including, but not limited to MRIs, CT
scans, and x-rays) that were taken;
c) intraoperative photos
d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s); and
e) copies of the complete legal files and no-fault files(if applicable).
8. If since the date of the accident complained of in have re-
plaintiff'(s) complaint, plaintiff(s)
injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby
made for duly executed and acknowledged current authorizations to allow the undersigned to
obtain:
a) copies of the complete medical records, reports, notes, correspondence, etc., all
physicians, health care providers, hospitals, physical therapists, chiropractors, etc. that
treated plaintiff(s) as a result of the re-injury;
b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT
scans, and x-rays) that were taken as a result of the re-injury;
c) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s) as a result of the re-injury; and
copies of the complete legal filesand no-fault files (if to the re-
d) applicable) relating
injury.
PLEASE TAKE FURTHER NOTICE that allauthorizations must have an expiration date
of, "the completion of litigation".
PLEASE TAKE FURTHER NOTICE thateach of these authorizations must include complete
names, addresses, and any and allpertinent identifying information.
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DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25)
days of the date of these demands at the office of: Law Office Of Dennis C. Bartling, 1400 Old
Country Road, Suite 201, Westbury, NY 11590.
COMPLIANCE may be effectuated by sending true copies of the requested material,
where applicable, to the undersigned before the due date herein.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these
demands, the party(ies) we represent shall make an application to stay all proceedings herein, in
addition to sanctions and other relief to be granted.
DATED: Westbury, New York
July 19, 2018
Igor Gridenko, Esq.
Law Office Of Dennis C. Bartling
Attorneys for Defendant(s)
Kenneth Egri Jr.
1400 Old Country Road, Suite 201
Westbury, NY 11590
516-247-4723
Our File No: 18R1296
Claim No: 0522008510101043 (J601)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AMY LEE,
Plaintiff(s) : NOTICE TO TAKE DEPOSITION
UPON ORAL EXAMINATION
- against -
Preview
FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMY LEE, Plaintiff(s) VERIFIED ANSWER - against - Index No.: 155000l2018 KENNETH EGRI, JR., Defendant(s) Defendant(s) Kenneth Egri Jr.,by the undersigned answering the VERIFIED complaint of the plaintiff(s), upon information and belief, states as follows: ANSWERING THE PARTIES ACTION FIRST: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as: 1, 3 SECOND: Admits each and every allegation contained in paragraphs numbered and designated as: 2 ANSWERING A FIRST CAUSE OF ACTION THIRD: Answering paragraph 4 repeat(s) and reiterate(s) each and every admission and denial heretofore made to paragraphs set therein with the same force and effect as if more fully set forth herein. FOURTH: Denies having any knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs numbered and designated as: 7, 8, 9, 10. FIFTH: Denies each and every allegation contained in paragraphs numbered and designated as: 11, 12, 13. 14, 15, 16. SIXTH: Admits each and every allegation contained in paragraphs numbered and designated as: 5, 6. AS AND FOR AN AFFIRMATIVE DEFENSE - COMPARATIVE NEGLIGENCE The personal injuries and/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. 1 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 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. WHEREFORE, defendant(s) demand(s) judgment dismissing the plaintiff'(s) complaint herein together with the costs and disbursements of this action. DATED: Westbury, New York July 19, 2018 Igor Gridenko, Esq. Law Office Of Dennis C. Bartling Attorneys for Defendant(s) Kenneth Egri Jr. 1400 Old Country Road, Suite 201 Westbury, NY 11590 516-247-4723 Our File No: 18R1296 Claim No: 0522008510101043 (J601) 2 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 VERIFICATION Igor Gridenko, Esq., an attorney admitted to practice in the Courts of this State, and associated with the firm of Law Office Of Dennis C. Bartling, attorneys for the defendant(s) Kenneth Egri Jr.,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 afErmant'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 Law Office Of Dennis C. Bartling, maintain their office. The undersigned affirms that the foregoing statement is true,under penalties of perjury. Date: Westbury, New York July 19, 2018 3 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMY LEE, DEMAND FOR A VERIFIED Plaintiff(s) BILL OF PARTICULARS - against - Index No.: 155000/2018 KENNETH EGRI, JR., Defendant(s) PLEASE TAKE NOTICE that the defendant(s) Kenneth Egri Jr., hereby demand(s) that you serve upon the undersigned within thirty days from date of service herein, a verified billof particulars concerning the following matters: 1. Name, date of birth and social security number of plaintiff(s) 2. Post office and residence address of plaintiffin sufficient detail to permit ready location. 3. All names by which plaintiff(s) has been known. 4. Marital status of plaintiff(s) now and on the date of the occurrence. 5. The date and approximate time of day of the occurrence. 6. The approximate location of the occurrence. 7. A general statement of the acts or omissions, constituting the negligence claimed. Ifany violation of any rule, law, custom, ordinance or statute isclaimed, identify and specify the provision of same. 8. A statement of the injuries claimed to have been sustained as a result of the occurrence and the nature and extent thereof. 9. A statement of such injuries claimed to be permanent and the nature and extent thereof. 10. Length of time and dates confined to bed. 11. Length of time and dates confined to house. 12. Length of time totallyincapacitated from employment and/or school. 13. Length of time partially incapacitated from employment and/or school. 14. 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)allother special damages; and (g) allout of pocket expenses. l 5.State whether plaintiff(s) receives or received Medicare benefits and, ifso, provide plaintiff(s) Health Insurance Claim Number (HICN). 16. Specify the monetary amount thatwill be claimed at trialfor each and every element of damages. 17. State the name and address of plaintiff'semployer and/or school at the time of the occurrence, ifany. 18. Ifplaintiff was self-employed at the time of the occurrence, statethe facts upon which plaintiff bases the claim for loss of earnings, ifany. 19. Ifproperty damages are claimed, describe the article, the damage thereto, date of purchase, original cost,and cost of repair. 20. Ifproperty damage to automobile isclaimed, statethe following: (a) The make, style, model, year of manufacture, serialnumber and license number of plaintiffs 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. 21. If monetary damage due tothe loss of use of an automobile isclaimed, state the length of time 4 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 claimed for the loss of use, the amount claimed, and the particulars by which the amount was calculated. 22. In what respect plaintiff has 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. 23. 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. 24. Pursuant to CPLR Section 3 l 0 l(d); a) Identify and state the qualifications of each person whom you expect to call at trialas an expert witness. b) State the subject matter in reasonable detail upon which the expert isexpected to testify. c) Provide the facts and opinions upon which the expert isexpected 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. 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: Westbury, New York July 19, 2018 Igor Gridenko, Esq. Law Office Of Dennis C. Bartling Attorneys for Defendant(s) Kenneth Egri Jr. 1400 Old Country Road, Suite 201 Westbury, NY 11590 516-247-4723 Our File No: 18R1296 Claim No: 0522008510101043 (J601) 5 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMY LEE, DEMAND FOR Plaintiff(s) MEDICARE/MEDICAID LIEN INFORMATION - against - Index No.: 155000/2018 KENNETH EGRI, JR., Defendant(s) PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the Defendant, Kenneth Egri Jr.,by attorneys, Law Office Of Dennis C. Bartling 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: PlaintiA" 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, 6 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 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: Westbury. New York July 19, 2018 Igor Gridenko, Esq. Law Office Of Dennis C. Bartling Attorneys for Defendant(s) Kenneth Egri Jr. 1400 Old Country Road, Suite 201 Westbury, NY 11590 516-247-4723 Our File No: 18R1296 Claim No: 0522008510101043 (J601) 7 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMY LEE, Plaintiff(s) COMBINED DEMAND FOR - - DISCOVERY AND INSPECTION against Index No.: 155000/2018 KENNETH EGRI, JR., Defendant(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: Names and addresses of allpersons claimed by your client(s) to have either witnesses the occurrence or to have firsthand knowledge of same, or knowledge of any injuriesor damages allegedly suffered by plaintiff(s) 8 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 as the result of this occurrence, or to have notice of the nature and duration of any alleged condition(s) proximately causing this occurrence, or to have witnessed or firsthand knowledge of any such notice given to the party(ies) we represent and/or any other party in thisaction, or having firsthand knowledge of facts and circumstances regarding this occurrence, whether obtained by your client(s) at the scene of the occurrence or thereafter obtained by your client(s) attorneys or representatives. Ifno such persons are known to your client(s) or your client(s) representatives, so state in reply to thisdemand. The undersigned will object at time of trialof this action to the testimony of any persons not so identified. PLEASE TAKE FURTHER NOTICE that if your client(s) or client(s) representatives, obtain names and addresses of such persons subsequent to their response to this notice, such information is to be furnished to the undersigned whenever so obtained. The undersigned will object at the time of trial of this action the testimony of any persons not so identified. DEMAND FOR EXPERT WITNESSES 1. The name and address of each expert witness which you expect to call at the trial of this action. 2. The subject matter in reasonable detail upon which each such expert is expected to testify. 3. The substance of the facts and opinions upon which each such expert is expected to testify. 4. The qualifications of each such expert witness. 5. A summary of the grounds for each such expert(s) opinion. 6. Provide medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a recital of the injuries and conditions as to which testimony will be offered at the trial,referring to and identifying those x-ray and technicians' reports which will be offered at the trial, including a description of the injuries, a diagnosis and a prognosis. PLEASE TAKE FURTHER NOTICE, that ifany such expert which you expect to call as a witness on the trial of this action intends to rely upon or introduce into evidence any portion of any technical standard or learned treatise, you are hereby required to identify any such standard or treatise, including in the case of standards. the issuing body and the standard number; in the case of books, author, title,publication date and publisher; and in the case of journal articles, journal title,volume number, page, publication date and publisher. DEMAND FOR ACCIDENT REPOR TS 9 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 client(s)' All accident reports and/or motor vehicle accident reports in your possession, pursuant to C.P.L.R. 3101(g). DEMAND FOR STATEMENT Copy(ies) of each and every written statement or the transcript of each and every oral statement which itwill be alleged was made by or attributed to the party(ies) we represent in this action. If none, so state. DEMAND FOR PHOTOGRAPHS client(s)' Copy(ies) of allphotographs, slides, video tapes and/or motion pictures in your possession, pertaining to the accident site, defective conditions(s) claimed and/or instrumentality(ies) in issue. DEMAND FOR INCOME TAX RETURNS plaintiff(s)' Copies of income tax returns for a period of three (3) years preceding the plaintiff(s)' date of the accident as set forth in complaint to present, as well as a duly executed, plaintiff(s)' acknowledged and current authorization allowing this office to obtain the tax records for a period of three (3) years before the accident in question. This authorization must include two forms of identification, including one photo identification. DEMAND FOR SCHOOL AUTHORIZATIONS Set forth duly executed and acknowledged authorizations, pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the school records of the plaintiff(s) from the beginning of the school year preceding the date of accident as set forth in the complaint to the present period of any disability claimed. DEMAND FOR EMPLOYMENT AUTHORIZATIONS Set forth duly executed and acknowledged authorizations pursuant to Section 3101(a) and Rule 3120 of the C.P.L.R., permitting the undersigned to obtain copies of the employment records of the plaintiff(s) from three (3) years preceding the date of accident as set forth in plaintiff(s) complaint to the present period of any disability claimed. DEMAND FOR NO-FAULT RECORDS If a claim has been or will be made by plaintiff(s) pursuant to the terms of ARTICLE XVIII of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application and/or claim: 1. Set forth the name, address, policy number and claim number of each company to which a claim has been made or will be made, 10 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 2. Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain copies of the records relating to the plaintiff(s) from each company identified in the response to the above. DEMAND FOR WORKER'S COMPENSATION RECORDS If a claim has been made or will be made by plaintiff(s), pursuant to the terms of the Worker's Compensation Law, with respect to each and every application: 1. Set forth name, address, policy number to which a claim has been or will be made, together with the Worker's Compensation Board filenumber. 2. Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain copies of the records relating to the plaintiff(s) from each company identified in response to the above. DEMAND FOR DISABILITY RECORDS If a disability claim has been or will be made by plaintiff(s), pursuant to the terms of the Social Security Laws, with respect to each and every application and/or claim: 1. Set forth the claim office, address and the claim number assigned. 2. Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain copies of the records relating to the plaintiff(s). DEMAND FOR INFORMATION ON COLLATERAL SOURCE A statement pursuant to C.PLR. 4545(c), in writing, under oath, setting forth the following: 1. The amount of (a) medical, (b) dental, (c) custodial, (d) rehabilitative costs, (e) loss of earnings, or (f) other economic loss that was or will be replaced or indemnified by (a) insurance, (b) Social Security, (c) worker's compensation, (d) employee benefit programs or (e) other source, not including No-Fault basic economic loss in automobile cases, which the plaintiff(s) intend(s) to prove as special damages. plaintiff(s)' 2. The amounts the plaintiff(s) will claim as lawful liens against the recovery. 3. The amount of premiums actually paid by the plaintiff(s) in the two (2) year period preceding the accrual of his/her/their cause of action. 4. The amount of premiums actually paid by the plaintiff(s) between the accrual of his/her/their cause of action and the present date. 11 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 5. The projected future costs of the plaintiff(s) maintaining such benefits. DEMAND FOR MEDICAL INFORMATION 1. The names and addresses of allphysicians or other health care providers of every description who have consulted, examined or treated the plaintitT(s) for each of the conditions alleged caused by, or exacerbated by, the occurrence described in the complaint including the date of such treatment or examination. 2. Duly executed and acknowledged written authorizations (HIPAA compliant) directed to any hospital(s), clinics, or other health care facility in which the plaintiff(s) herein claiming injury, consulted, examined or treated due to the occurrence set forth in the complaint, authorizing the undersigned to obtain a copy of: technicians' the entire record or records including x-rays, and reports and a separate authorization for intraoperative photographs. 3. Duly executed and acknowledged written authorizations (HIPAA compliant) to allow the undersigned to obtain copies of the complete office medical records relating to the plaintiff(s) from each physician or health care provider identified in (1) above. 4. Medical reports of those medical providers who have previously treated or examined the party seeking recovery. These shall include a detailed recital of the injuries and conditions as to which technicians' testimony will be offered at the trial,referring to and identifying those x-ray and reports which will be offered at the trial,including a description of the injuries, a diagnosis and a prognosis. 5. If wrongful death is claimed, duly executed and acknowledged written authorizations (HIPAA compliant) to allow the undersigned to obtain copies of the complete autopsy or post mortem reports; also including but not limited to, pathology and toxicology testing. 6. Ifplaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is made with respect to the pre-existing condition or injury for duly executed and hereby acknowledged current authorizations to allow the undersigned to obtain: copies of the complete medical records, reports, notes, correspondence, etc. from all a) physicians, health care providers, hospitals, health care facilities, physical therapists, chiropractors, etc., that treated or examined plaintiff(s); the films and reports of all diagnostic tests (including, but not limited to MRIs, CT b) scans and x-rays) that were taken; c) intraoperative photos 12 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and e) copies of the complete legal files and no-fault files (if applicable) 7. If plaintiff(s) claims injury to a body part, for which plaintiff previously received medical treatment then with respect to that prior treatment, demand is hereby made for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc. from all physicians, health care providers, hospitals, health care facilities physical therapists, chiropractors, etc. that treated plaintiff(s); b) the films and reports of alldiagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken; c) intraoperative photos d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and e) copies of the complete legal files and no-fault files(if applicable). 8. If since the date of the accident complained of in have re- plaintiff'(s) complaint, plaintiff(s) injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby made for duly executed and acknowledged current authorizations to allow the undersigned to obtain: a) copies of the complete medical records, reports, notes, correspondence, etc., all physicians, health care providers, hospitals, physical therapists, chiropractors, etc. that treated plaintiff(s) as a result of the re-injury; b) the films and reports of all diagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken as a result of the re-injury; c) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s) as a result of the re-injury; and copies of the complete legal filesand no-fault files (if to the re- d) applicable) relating injury. PLEASE TAKE FURTHER NOTICE that allauthorizations must have an expiration date of, "the completion of litigation". PLEASE TAKE FURTHER NOTICE thateach of these authorizations must include complete names, addresses, and any and allpertinent identifying information. 13 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25) days of the date of these demands at the office of: Law Office Of Dennis C. Bartling, 1400 Old Country Road, Suite 201, Westbury, NY 11590. COMPLIANCE may be effectuated by sending true copies of the requested material, where applicable, to the undersigned before the due date herein. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with these demands, the party(ies) we represent shall make an application to stay all proceedings herein, in addition to sanctions and other relief to be granted. DATED: Westbury, New York July 19, 2018 Igor Gridenko, Esq. Law Office Of Dennis C. Bartling Attorneys for Defendant(s) Kenneth Egri Jr. 1400 Old Country Road, Suite 201 Westbury, NY 11590 516-247-4723 Our File No: 18R1296 Claim No: 0522008510101043 (J601) 14 of 19 FILED: NEW YORK COUNTY CLERK 07/19/2018 05:00 PM INDEX NO. 155000/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK AMY LEE, Plaintiff(s) : NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION - against -