Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---______-----_____-----________---___---- -----X
YVETTE MCCLAMB, Index No. 154374/2018
(ECF)
Plaintiff,
v.
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST
NEW YORK RESTORATION OF CT, INC.,
Defendants.
----------------------------------------------------------------x
DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION
COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to CPLR Section 4545(a), demand is herein
made for the following upon Plaintiff Yvette McClamb to provide a verified statement setting
forth:
1. Whether plaintiff has been reimbursed or indenmified for physician expenses
claimed in this action from Blue Cross/Blue Shield, Major Medical insurance coverage, or other
health or disability insurance coverage or collateral source.
(a) If the answer to the foregoing is in the affirmative, state for which of such
claims plaintiff has received payment, the amount thereof and the name
and address of the person, firm organization who made such payment.
(b) If such payment was made by an insurance company, state the number of
the policy under which the payment was made.
2. Whether plaintiff has made claim for payment for physician expenses, which have
not yet been paid.
# 3766749 v. 2
1 of 6
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019
(a) If the answer to the foregoing is in the affirmative, state the name of the
person, firm or organization to whom such claim was presented, the date
of presentation and the amount claimed.
If such claim was presented to an insurance company, state the number of
(b)
the policy under which such presentation was made.
3. Whether plaintiff has been reimbursed or indemnified for hospital expenses
claimed in this action from Blue Cross/Blue Shield, Major Medical insurance coverage, or other
health or disability insurance coverage or collateral source.
(a) If the answer to the foregoing is in the affirmative, state which claims
plaintiff has received payment for, the amount thereof and the name of the
person, firm or organization who made such payment.
(b) Ifsuch payment was made by an insurance company, state the number of
the policy under which payment was made.
4. Whether plaintiff has made claim for payment for hospital expenses which have
not yet been paid.
(a) If the answer to the foregoing is in the affirmative, state the name of the
person, firm or organization to whom such claim was presented, the date
of presentation and the amount claimed.
(b) If such claim was presented to an insurance company, state the number of
the policy under which such presentation was made.
5. Whether plaintiff has been reimbursed or indemnified for custodial care or
rehabilitation services claimed in this action from Blue Cross/Blue Shield, Major insurance
coverage, or other health or disability insurance coverage or collateral source.
(a) If the answer to the foregoing is in the affirmative, state which claims
plaintiff has received payment the amount thereof and the name and ~
for,
address of the person, firm or organization who made such payment.
(b) If such payment was made by an insurance company, state the number of
the policy under which the payment was made.
6. Whether plaintiff has made claim for payment for custodial care or rehabilitation
services, which have not as yet been paid.
2
# 3766749 v. 2
2 of 6
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019
(a) If the answer to the foregoing is in the affirmative, state the name of the
person, firm or organization to whom such claim was presented, the date
of presentation and the amount claimed.
(b) If such claim was presented to an insurance company, state the number of
the policy under which such presentation was made.
7. Whether plaintiff has been reimbursed or indemnified for loss of earnings claimed
in this action from Social Security (except those benefits provided under Title XVIII of the
Social Security Act), Worker's Compensation, union benefits, employee benefit plan or any
other collateral source.
(a) If the answer to the foregoing is in the affirmative, state which claims
plaintiff has received payment for, the amount thereof and the name and
address of the person, firm or organization who made such payment.
(b) Ifsuch payment was made by an insurance company state the number of
the policy under which such presentation was made.
8. Whether plaintiff has made claim for payment for loss of earnings, which have
not yet been paid.
(a) If the answer to the foregoing is in the affirmative, state the name of the
person, firm, or organization to whom such claim was presented, the date
of presentation and the amount claimed.
9. Whether plaintiff has been reimbursed or indemnified for any other special
damage claimed in this action from any collateral source.
(a) If the answer to the foregoing is in the affirmative, state which claims
plaintiff has received payment for, the amount thereof and the name and
address of the person, firm or organization who made such payment.
(b) If such payment was made by an insurance company, state the number of
the policy under which the payment was made.
10. Whether plaintiff has made claim for payment for any other special damages
which have not as yet been paid.
3
# 3766749 v. 2
3 of 6
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019
(a) If the answer to the foregoing is in the affirmative, state the name of the
person, firm or organization to whom such claim was presented, the date
of presentation and the amount claimed.
(b) If such a claim was presented to an insurance company, state the number
of the policy under which such presentation was made.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
demand within thirty (30) days will result in a motion for appropriate relief.
Dated: January 2, 2019
New York, New York
Yours, et .,
Scott H. Bernstein, Esq.
STRADLEY RONON STEVENS & YOUNG, LLP
ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT,
WEST NEW YORK RESTORATION OF CT, INC.
100 Park Avenue, Suite 2000
New York, New York 10017
Telephone: (212) 812-4132
Facsimile: (646) 682-7180
Sbernstein@stradley.com
TO:
RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP
ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB
Jeremy A. Hellman, Esq.
551 Fifth Avenue, 29th Floor
New York, New York 10176
PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
RNC INDUSTRIES, LLC
Kenneth J. Kutner, Esq.
60 Broad Street, Suite 3600A
New York, New York 10004
MARGARET G. KLEIN & ASSOCIATES
ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS
KALAHARI CONDOMIN1UM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC.
Carol Morell, Esq.
4
# 3766749 v. 2
4 of 6
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019
200 Madison Avenue, 2nd Floor
New York, New York 10016
DEVITT SPELLMAN BARRETT, LLP
ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT
HOUSING PARTNERSHIP DEVELOPMENT CORPORATION
Kelly E. Wright, Esq.
50 Route 11, Suite 314
Smithtown, New York 11787
5
# 3766749 v. 2
5 of 6
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 154374/2018
YVETTE MCCLAMB,
Plaintiff,
-against-
HOUSING PARTNERSHIP DEVELOPMENT
CORPORATION, KALAHARI CONDOMINIUM,
THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, WALLACK MANAGEMENT
CO., INC., RNC INDUSTRIES, LLC and WEST NEW
YORK RESTORATION OF CT, INC.,
Defendants.
DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION
STRADLEY RONON STEVENS & YOUNG, LLP
Attorneys for Defendant
100 Park Avenue, Suite 2000
New York, New York 10017
(212) 812-4124 (telephone)
Pursuant to 22 NYCRR [30-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained
in the annexed document are not frivolous.
Dated: January 2019 Signature:
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---______-----_____-----________---___---- -----X YVETTE MCCLAMB, Index No. 154374/2018 (ECF) Plaintiff, v. HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI Assigned Judge: Lynn R. Kotler CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. ----------------------------------------------------------------x DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION COUNSELORS: PLEASE TAKE NOTICE that, pursuant to CPLR Section 4545(a), demand is herein made for the following upon Plaintiff Yvette McClamb to provide a verified statement setting forth: 1. Whether plaintiff has been reimbursed or indenmified for physician expenses claimed in this action from Blue Cross/Blue Shield, Major Medical insurance coverage, or other health or disability insurance coverage or collateral source. (a) If the answer to the foregoing is in the affirmative, state for which of such claims plaintiff has received payment, the amount thereof and the name and address of the person, firm organization who made such payment. (b) If such payment was made by an insurance company, state the number of the policy under which the payment was made. 2. Whether plaintiff has made claim for payment for physician expenses, which have not yet been paid. # 3766749 v. 2 1 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019 (a) If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation and the amount claimed. If such claim was presented to an insurance company, state the number of (b) the policy under which such presentation was made. 3. Whether plaintiff has been reimbursed or indemnified for hospital expenses claimed in this action from Blue Cross/Blue Shield, Major Medical insurance coverage, or other health or disability insurance coverage or collateral source. (a) If the answer to the foregoing is in the affirmative, state which claims plaintiff has received payment for, the amount thereof and the name of the person, firm or organization who made such payment. (b) Ifsuch payment was made by an insurance company, state the number of the policy under which payment was made. 4. Whether plaintiff has made claim for payment for hospital expenses which have not yet been paid. (a) If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation and the amount claimed. (b) If such claim was presented to an insurance company, state the number of the policy under which such presentation was made. 5. Whether plaintiff has been reimbursed or indemnified for custodial care or rehabilitation services claimed in this action from Blue Cross/Blue Shield, Major insurance coverage, or other health or disability insurance coverage or collateral source. (a) If the answer to the foregoing is in the affirmative, state which claims plaintiff has received payment the amount thereof and the name and ~ for, address of the person, firm or organization who made such payment. (b) If such payment was made by an insurance company, state the number of the policy under which the payment was made. 6. Whether plaintiff has made claim for payment for custodial care or rehabilitation services, which have not as yet been paid. 2 # 3766749 v. 2 2 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019 (a) If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation and the amount claimed. (b) If such claim was presented to an insurance company, state the number of the policy under which such presentation was made. 7. Whether plaintiff has been reimbursed or indemnified for loss of earnings claimed in this action from Social Security (except those benefits provided under Title XVIII of the Social Security Act), Worker's Compensation, union benefits, employee benefit plan or any other collateral source. (a) If the answer to the foregoing is in the affirmative, state which claims plaintiff has received payment for, the amount thereof and the name and address of the person, firm or organization who made such payment. (b) Ifsuch payment was made by an insurance company state the number of the policy under which such presentation was made. 8. Whether plaintiff has made claim for payment for loss of earnings, which have not yet been paid. (a) If the answer to the foregoing is in the affirmative, state the name of the person, firm, or organization to whom such claim was presented, the date of presentation and the amount claimed. 9. Whether plaintiff has been reimbursed or indemnified for any other special damage claimed in this action from any collateral source. (a) If the answer to the foregoing is in the affirmative, state which claims plaintiff has received payment for, the amount thereof and the name and address of the person, firm or organization who made such payment. (b) If such payment was made by an insurance company, state the number of the policy under which the payment was made. 10. Whether plaintiff has made claim for payment for any other special damages which have not as yet been paid. 3 # 3766749 v. 2 3 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019 (a) If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation and the amount claimed. (b) If such a claim was presented to an insurance company, state the number of the policy under which such presentation was made. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing demand within thirty (30) days will result in a motion for appropriate relief. Dated: January 2, 2019 New York, New York Yours, et ., Scott H. Bernstein, Esq. STRADLEY RONON STEVENS & YOUNG, LLP ATTORNEYS FOR CROSS-CLAIMANT-DEFENDANT, WEST NEW YORK RESTORATION OF CT, INC. 100 Park Avenue, Suite 2000 New York, New York 10017 Telephone: (212) 812-4132 Facsimile: (646) 682-7180 Sbernstein@stradley.com TO: RHEINGOLD GIUFFRA RUFFO & PLOTKIN LLP ATTORNEYS FOR PLAINTIFF YVETTE MCCLAMB Jeremy A. Hellman, Esq. 551 Fifth Avenue, 29th Floor New York, New York 10176 PERRY, VAN ETTEN, ROZANSKI & PRIMAVERA, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT RNC INDUSTRIES, LLC Kenneth J. Kutner, Esq. 60 Broad Street, Suite 3600A New York, New York 10004 MARGARET G. KLEIN & ASSOCIATES ATTORNEYS FOR DEFENDANTS/CROSS-CLAIMANTS KALAHARI CONDOMIN1UM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Carol Morell, Esq. 4 # 3766749 v. 2 4 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019 200 Madison Avenue, 2nd Floor New York, New York 10016 DEVITT SPELLMAN BARRETT, LLP ATTORNEYS FOR DEFENDANT/CROSS-CLAIMANT HOUSING PARTNERSHIP DEVELOPMENT CORPORATION Kelly E. Wright, Esq. 50 Route 11, Suite 314 Smithtown, New York 11787 5 # 3766749 v. 2 5 of 6 FILED: NEW YORK COUNTY CLERK 01/02/2019 03:57 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 154374/2018 YVETTE MCCLAMB, Plaintiff, -against- HOUSING PARTNERSHIP DEVELOPMENT CORPORATION, KALAHARI CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, WALLACK MANAGEMENT CO., INC., RNC INDUSTRIES, LLC and WEST NEW YORK RESTORATION OF CT, INC., Defendants. DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Defendant 100 Park Avenue, Suite 2000 New York, New York 10017 (212) 812-4124 (telephone) Pursuant to 22 NYCRR [30-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: January 2019 Signature: 6 of 6