Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 80 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
NOTICE OF INTENTION TO SPEAK WITH TREATING PHYSICIAN__S
COUNSELORS:
PLEASE TAKE NOTICE THAT, Cross-Claimant-Third-Party-Defendant, West New
York Restoration of CT, Inc., by and through its attorneys, Stradley Ronon Stevens & Young,
LLP, pursuant to CPLR 3101, et seq. and the Court of Appeals decision in Arons v. Jutkowitz, 9
N.Y.3d 393; 880 N.E.2d 831; 850 N.Y.S.2d 345 (2007), demands that Plaintiff Yvette McClamb
provide the following:
1. Duly executed and acknowledged HIPAA compliant authorizations permitting
Cross-Claimant-Third-Party-Defendant, West New York Restoration of CT, Inc., to interview,
s'
after Plaintiff Note of Issue is filed, any treating and/or examining physicians and/or health
care providers who treated or examined Plaintiff Yvette McClamb relative to the condition
and/or medical treatment and/or injury and/or damage claim which is the subject of this
litigation, including but not limited to medical and/or mental health treatment.
# 3766749 v. 2
1 of 4
FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 01/02/2019
PLEASE TAKE FURTHER NOTICE, that the above demands shall be deemed to
continue through the pendency of this action, including
the trial thereof. In the event of failure
or refusal to comply with the demands, the undersigned party will seek an Order precluding the
offering of any proof relating to the requested matter.
Dated: January 2, 2019
New York, New York
Yours, etc.
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 CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI
CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC.
Carol Morell, Esq.
200 Madison Avenue, 2nd Floor
New York, New York 10016
2
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FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 01/02/2019
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
3
# 3766749 v. 2
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FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018
NYSCEF DOC. NO. 80 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.
NOTICE OF INTENTION TO SPEAK WITH TREATING PHYSICIANS
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 130-1.1, the undersigned, an attorney admitted to practice in the courts of New
York State, certifies that, upon information and belief and reasonable iñquity, the contentions contained
in the annexed document are not frivolous.
Dated: January 2, 2019 Signature:
Scott H. Berñstcin
4 of 4
Preview
FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 80 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 NOTICE OF INTENTION TO SPEAK WITH TREATING PHYSICIAN__S COUNSELORS: PLEASE TAKE NOTICE THAT, Cross-Claimant-Third-Party-Defendant, West New York Restoration of CT, Inc., by and through its attorneys, Stradley Ronon Stevens & Young, LLP, pursuant to CPLR 3101, et seq. and the Court of Appeals decision in Arons v. Jutkowitz, 9 N.Y.3d 393; 880 N.E.2d 831; 850 N.Y.S.2d 345 (2007), demands that Plaintiff Yvette McClamb provide the following: 1. Duly executed and acknowledged HIPAA compliant authorizations permitting Cross-Claimant-Third-Party-Defendant, West New York Restoration of CT, Inc., to interview, s' after Plaintiff Note of Issue is filed, any treating and/or examining physicians and/or health care providers who treated or examined Plaintiff Yvette McClamb relative to the condition and/or medical treatment and/or injury and/or damage claim which is the subject of this litigation, including but not limited to medical and/or mental health treatment. # 3766749 v. 2 1 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 01/02/2019 PLEASE TAKE FURTHER NOTICE, that the above demands shall be deemed to continue through the pendency of this action, including the trial thereof. In the event of failure or refusal to comply with the demands, the undersigned party will seek an Order precluding the offering of any proof relating to the requested matter. Dated: January 2, 2019 New York, New York Yours, etc. 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 CONDOMINIUM, THE BOARD OF MANAGERS OF KALAHARI CONDOMINIUM, AND WALLACK MANAGEMENT CO., INC. Carol Morell, Esq. 200 Madison Avenue, 2nd Floor New York, New York 10016 2 # 3766749 v. 2 2 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 01/02/2019 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 3 # 3766749 v. 2 3 of 4 FILED: NEW YORK COUNTY CLERK 01/02/2019 04:08 PM INDEX NO. 154374/2018 NYSCEF DOC. NO. 80 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. NOTICE OF INTENTION TO SPEAK WITH TREATING PHYSICIANS 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 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable iñquity, the contentions contained in the annexed document are not frivolous. Dated: January 2, 2019 Signature: Scott H. Berñstcin 4 of 4