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FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
x
FITHSROY CARGILL BY THE Index No. 28244/2020E
ADMINISTRATOR OF HIS ESTATE JOAN
CARGILL and JOAN CARGILL, Individually,
Plaintiffs,
- against – COMBINED DEMANDS
AND NOTICE FOR DISCOVERY
LENOX HILL HOSPITAL, NORTHWELL AND INSPECTION____________
HEALTH, INC., NORTHWELL HEALTHCARE,
INC., NORTH SHORE – LIJ NETWORK, INC.,
NORTHSHORE-LIJ HEALTH SYSTEM,
MONTEFIORE MEDICAL CENTER,
MONTEFIORE NEW ROCHELLE HOSPITAL,
SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC.,
CENTERLIGHT CERTIFIED HOME HEALTH
AGENCY, VISITING NURSE SERVICE OF NEW
YORK, VISITING NURSE SERVICE OF NEW
YORK HOME CARE, VISITING NURSE
SERVICE OF NEW YORK HOME CARE II,
CONCEPTS OF INDEPENDENCE, INC.,
CALVARY HOSPITAL, INC. and “JOHN DOE”
“JANE ROE” and “ABC INC.” 1-20 presently
unknown healthcare providers, individuals and
agencies
Defendants.
x
COUNSELORS
PLEASE TAKE NOTICE, that pursuant to Rule 3121 of the CPLR, you are hereby
requested to produce and permit the defendant, MONTEFIORE HEALTH SYSTEM INC.,
through its attorneys, AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, to
inspect, copy, test, and/or photograph the following specified documents in your possession,
control, and/or custody:
1. Authorizations (HIPAA compliant) to obtain medical records, lab reports, x-rays
and other materials related to treatment provided to the plaintiff’s decedent by the
following health care providers:
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a. Hospitals, specifying complete names and addresses.
b. Doctors, specifying complete names and addresses.
c. Nurses and therapists, specifying complete names and addresses.
2. All medical reports, records and hospital charts upon which the plaintiffs will rely
at the time of trial.
PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making the
inspection, copying, testing and photographing as specified above is designated to be made at the
offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue,
New York, NY 10016.
Demand for Insurance Information
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), you are required to serve
upon the undersigned within eight (8) days after service of this notice, any insurance contracts or
policies covering the above named party including, but not limited to primary, excess or
reinsurance coverage issued to said party, and under which any person carrying on an insurance
business may be liable to satisfy part or all of a judgment which may be entered in the within action
or to indemnify or reimburse the payments made to satisfy said judgment.
Said response shall include the name and address of the insurance carrier, the policy
number(s), the policy period(s) and the amount of such policy coverage(s).
Demand for Statements
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the defendant named below
hereby demands that the above-named claimant produce at the offices of the undersigned attorney,
within fourteen (14) days from your receipt of this Notice, the original of each and every statement
and other writing taken or received by said claimant, or her or their respective attorneys, agents or
representatives, from any said defendant or from any agent, servant or employee of any said
defendant and permitting said defendant, or the undersigned attorney acting on behalf of said
defendants to inspect and copy such statement and writing.
You are hereby advised that the defendants’ prescriptions, billing statements,
correspondence and medical reimbursement forms signed by or filled out by the defendants are
considered statements within the meaning of this Demand.
The aforesaid production may be complied with by sending a true copy of each
aforementioned statement and writing to the undersigned within the time hereinbefore specified.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with
this notice, that the undersigned will move to preclude the claimant from introducing into evidence
and from otherwise using each aforementioned statement and writing for any purpose whatsoever,
upon the trial of this action.
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Demand for Legal Representatives
AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP., the attorneys for the
defendant herein, party to this action, hereby demand that you serve upon them at the address set
forth below a list of those who have appeared in this action, together with their post office address
and residence in sufficient detail to permit service of papers pursuant to Rule 2103 of the Civil
Practice Law and Rules together with copies of all pleadings had herein.
Demand for Collateral Reimbursement Information
PLEASE TAKE NOTICE that pursuant to CPLR §4545 the plaintiffs are hereby required
to produce for discovery, inspection and copying by counsel for defendants named below, the
following:
1. All documents in the plaintiff’s possession with respect to reimbursement which
the plaintiff has received from collateral sources for the cost of medical care,
custodial care, rehabilitation sources, loss of earnings and other economic loss
which the plaintiff will claim as special damages in this action.
2. Such documents shall include any and all bills and invoices for the services
rendered and canceled checks or receipts with respect to her payment,
correspondence, health and disability forms, and Medicare and Medicaid forms.
3. Duly executed authorizations permitting the defendants to obtain the records of any
person, institution, facility, or governmental agency which has provided, or will
provide any reimbursement for any of the special damages alleged herein, whether
or not such person, organization, facility or governmental agency has been listed in
response to paragraph 1, above.
It is requested that the aforesaid production be made within twenty (20) days of the date
herein at 10:00 a.m., at the law offices of AARONSON, RAPPAPORT, FEINSTEIN &
DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016.
In the event plaintiff possesses no documents with respect to reimbursement, demand is
made for executed and currently acknowledged authorizations to obtain copies of records from
collateral sources, which authorizations shall include the complete name, address and claim
number of the reimbursing party.
In lieu of said discovery and inspection, photocopies of all documents may be forwarded
to the offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, prior to said date
of discovery.
PLEASE TAKE FURTHER NOTICE that the authorizations must be provided in
HIPAA complaint form. Attached to this demand is a sample authorization for your use as well
as an approved authorization for Workers’ Compensation records. Please make the appropriate
number of copies, fill them out completely and return to the undersigned. A separate authorization
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must be provided for each health care provider, employer, pharmacy or health care cost
reimbursement.
Demand for Medical Records of Prior Treatment
PLEASE TAKE NOTICE that the plaintiff is hereby required to produce for discovery,
inspection and copying by counsel for the defendants named below, the following:
1. The names and addresses of any physicians, medical institutions, medical
personnel, nursing services or hospitals whom the plaintiff’s decedent saw,
consulted with, received advice from or prior to the alleged negligence suffered by
the plaintiff.
2. Authorizations to obtain reports and records of the aforesaid physicians,
institutions, medical personnel, hospitals and/or nursing services.
It is requested that the aforesaid production be made within twenty (20) days of the date
herein at 10:00 a.m., at the offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH,
LLP, 600 Third Avenue, New York, NY 10016. Inspection will be made and copying will be done
at the defendant’s expense, and the documents will be promptly returned after copying has been
completed.
Demand for Inspection of Witnesses
PLEASE TAKE NOTICE that the plaintiffs are hereby required to produce for discovery,
inspection and copying by counsel for defendant named below, the following:
1. The names, residence address and business address of the following persons
claimed by the plaintiffs to be witnesses herein.
a. Any and all persons claimed by plaintiffs to have witnessed the treatment(s)
which was allegedly rendered by the defendants herein, including witnesses
to any physical examination, test, consultation, prescription or advice,
performed by, at the request of, on behalf of or rendered by the defendant
herein.
b. Any and all persons claimed by the plaintiffs to have witnessed any of the
treatment rendered by any of the defendants herein.
c. Any and all persons claimed by the plaintiffs to have witnessed the
occurrence of the alleged malpractice herein.
d. All persons claimed by the plaintiffs to have witnessed the occurrence of,
cause of or inception of the injuries alleged herein.
PLEASE TAKE FURTHER NOTICE that the time, place, manner and making the
inspection, copying, testing and photographing as specified above is designated to be made at the
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offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue,
New York, NY 10016.
Demand for Employment & Tax Records
PLEASE TAKE NOTICE that the plaintiff is hereby required to produce for discovery,
inspection and copying by counsel for defendants named below, the following:
1. The names and addresses of all institutions, firms, corporations, partnerships,
persons or others by whom the plaintiff was employed or from whom the plaintiff’s
decedent received salary and/or income benefits, for the years: the past 10 years to
present.
2. Duly executed authorizations to permit the defendants herein to obtain the records
of the aforesaid with respect to the plaintiff-decedent’s earnings, position, title,
working capacity, record of attendance, record of illness and employment status.
Said authorizations are to provide the full name and last known address of said
employer(s).
3. In the event that the plaintiff’s decedent was self-employed, an independent
contractor, employed by relatives, or in the presence of any other special
circumstances, it is demanded that the plaintiff provide duly executed
authorizations to permit the defendants to obtain copies of any federal, state and
city income tax returns for the years specified in item 1 and it is further demanded
that the plaintiff produce for copying and inspection all W-2 forms for the years
specified in item 1.
It is requested that the aforesaid production be made within twenty (20) days of the date
herein, at 10:00 a.m., at the law offices of AARONSON, RAPPAPORT, FEINSTEIN &
DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Inspection will be made and copying
will be done at the defendant's expense, and the documents will be promptly returned after copying
has been completed.
Demand for Oral Statements
PLEASE TAKE NOTICE that pursuant to CPLR §3101 et seq., the defendants named
below hereby demands that the above named plaintiff produce at the office of the undersigned
attorneys, within twenty (20) days of your receipt of this notice, the name and residence address
of each and every individual who spoke, discussed or otherwise reviewed with the below named
defendants, the occurrence or inception of the alleged injuries herein, together with the business
address of each named individual, together with any notes or memoranda made by such
individuals, or by any one on behalf of the plaintiff or plaintiff’s attorneys, with respect to each
such conversation, discussion or review.
It is requested that the aforesaid production be made within twenty (20) days of the date
herein at 10:00 a.m., at the law offices of AARONSON, RAPPAPORT, FEINSTEIN &
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DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Inspection will be made and copying
will be done at the defendants’ expense, and the documents will be promptly returned after copying
has been completed.
Demand for Medical Records
PLEASE TAKE NOTICE that demand is hereby made upon you to furnish the
undersigned attorneys with complete and full copies of any and all records which plaintiff received
from MONTEFIORE HEALTH SYSTEM INC.
Demand for Medicaid/Medicare Lien Information
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules
of the State of New York and Section 111 of the Medicare, Medicaid and SCHIP Extension Act
of 2007 (42 U.S.C. 1395(y)(b)(7) and (b)(8), demand is hereby made by AARONSON,
RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016, the
attorneys for defendant, that plaintiff furnish the following within thirty (30) days of the service
of this Notice in a sworn statement:
1. A sworn statement as to whether plaintiffs have received benefits from Medicare at
any time, for any reason, not limited to the injuries and treatment alleged in the
present action. If so, demand is further made that plaintiff provide the following:
a. Plaintiff’s date of birth;
b. Plaintiff’s Social Security number;
c. The Medicare file and/or identification number;
d. The name and address of the office handling the Medicare file;
e. Copies of all documents in the possession of plaintiff or her attorneys
pertaining to plaintiff’s receipt of Medicare benefits, including, but not
limited to, claim forms accompanying checks sent by Medicare, lien papers,
and all other papers received from Medicare or the Agency handling the
Medicare claim; and
f. A duly executed HIPAA-compliant authorization bearing plaintiff’s date of
birth and social security numbers, and the Medicare file number, permitting
AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP or its
designee to obtain copies of plaintiff’s Medicare records.
2. A sworn statement as to whether plaintiff has received benefits from Medicaid at
any time, for any reason, not limited to the injuries and treatment alleged in the
present action. If so, demand is further made that plaintiff provide the following:
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a. Plaintiff’s date of birth;
b. Plaintiff’s Social Security number;
c. The Medicaid file and/or identification number;
d. The name and address of the office handling the Medicaid file;
e. Copies of all documents in the possession of plaintiff or her attorneys
pertaining to plaintiff’ receipt of Medicaid benefits, including, but not
limited to, claim forms accompanying checks sent by Medicaid, lien papers,
and all other papers received from Medicaid or the Agency handling the
Medicaid claim; and
f. A duly executed HIPAA-compliant authorization bearing plaintiff’s date of
birth and social security numbers, and the Medicaid file number, permitting
AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, or its
designee to obtain copies of plaintiff’s Medicaid records.
PLEASE TAKE FURTHER NOTICE that, pursuant to New York Civil Practice and
Rules §3101(h), this is a continuing demand that requires plaintiff to update the responses made
hereto within twenty (20) days of receipt of the above-entitled information, and no later than thirty
(30) days prior to trial.
PLEASE TAKE FURTHER NOTICE that failure to comply with this Notice will serve
as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof
relative to medical damages, if such sworn statements, HIPAA-compliant authorizations, and
documents and papers requested are not produced within the time set forth above.
Demand for Expert Disclosure
PLEASE TAKE NOTICE, pursuant to CPLR §3101(d), that the plaintiffs are required to
furnish the undersigned, within 20 days, with the following information:
1. As to each person whom you expect to call as a medical expert witness at trial,
disclose in reasonable detail the qualification of each expert witness. Include the
following:
a. Where did the expert attend medical school? What was the year of the
expert’s graduation?
b. Did the expert attend internship, residency and/or fellowship programs? If
so, where, what years, and in what specialty or specialties?
c. Does the expert specialize in any areas of medicine? If so; what?
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d. Is the expert Board Certified in any areas of medicine? If so, which? If so,
in what years was the expert so Board Certified?
e. Is the expert licensed to practice medicine in the United States? If so, where
was he/she licensed? If so, when was he/she licensed?
f. What are the expert's hospital affiliations, if any?
g. The title of any text/article authored by, contributed to or edited by the
expert, together with an appropriate citation by name, publication, volume
number, date or other appropriate identifying matter.
h. The title of any lecture given by the expert, together with the date, location
or other appropriate identifying matter.
i. The subject of any courses taught by the expert, including the name of the
facility taught, where the course was taught, the subject matter of the course
and the years in which it was taught.
2. Disclose in reasonable detail the subject matter on which each expert is expected to
testify.
3. Disclose in reasonable detail the substance of the facts and opinions on which each
expert is expected to testify.
4. Disclose in reasonable detail a summary of the grounds for each expert's opinion.
The above is demanded pursuant to CPLR §3101(d), as well as the applicable case law,
including Thomas v. Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dept. 2002).
PLEASE TAKE FURTHER NOTICE, that this request is a continuing one. In the event
you should decide not to call any of the aforesaid experts disclosed or other or different experts,
then you are required to promptly respond to this request upon such change of conditions.
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Your failure to respond in a timely fashion will result in a motion to preclude at trial and/or
a motion to compel disclosure.
Dated: New York, New York
September 3, 2020
Yours, etc.
P atrick P . M evs
BY: Patrick P. Mevs
AARONSON RAPPAPORT FEINSTEIN &
DEUTSCH, LLP
Attorneys for Defendant
MONTEFIORE HEALTH SYSTEM
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212) 593-6700
To: SONIN & GENIS, LLC
Attorneys for Plaintiffs
1 Fordham Plaza, Suite 907
Bronx, New York 10458
(718) 561-4444
MARTIN CLEARWATER & BELL LLP
Attorneys for Defendants
LENOX HILL HOSPITAL, NORTHWELL
HEALTH, INC., & NORTHWELL
HEALTHCARE, INC.
245 Main Street
White Plains, New York 10601
SHEELY LLP
Attorneys for Defendant
SCHAFFER EXTENDED CARE CENTER
100 Wall Street, 19th Floor
New York, New York 10005
(646) 650-5952
RUBIN PATERNI GONZALEZ
KAUFMAN LLP
Attorneys for Defendant
CALVARY HOSPITAL, INC.
1225 Franklin Avenue Suite 200
Garden City, New York 11530
(516) 344-6376
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX Index No: 28244/2020E
FITHSROY CARGILL BY THE ADMINISTRATOR OF
HIS ESTATE JOAN CARGILL and JOAN CARGILL
Individually,
Plaintiffs,
- against -
LENOX HILL HOSPITAL, NORTHWELL HEALTH,
INC., NORTHWELL HEALTHCARE, INC., NORTH
SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ
HEALTH SYSTEM, MONTEFIORE MEDICAL
CENTER, MONTEFIORE NEW ROCHELLE
HOSPITAL, SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT
CERTIFIED HOME HEALTH AGENCY, VISITING
NURSE SERVICE OF NEW YORK, VISITING NURSE
SERVICE OF NEW YORK HOME CARE, VISITING
NURSE SERVICE OF NEW YORK HOME CARE II,
CONCEPTS OF INDEPENDENCE, INC., CALVARY
HOSPITAL, INC. and "JOHN DOE" "JANE ROE" and
"ABC INC." 1-20 presently unknown healthcare
providers, individuals and agencies
Defendants.
COMBINED DEMANDS AND NOTICE FOR DISCOVERY AND INSPECTION
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Attorneys for Defendant
MONTEFIORE HEALTH SYSTEM
Office and Post Address
600 Third Avenue
New York, NY 10016
212-593-6700
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Preview
FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x FITHSROY CARGILL BY THE Index No. 28244/2020E ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL, Individually, Plaintiffs, - against – COMBINED DEMANDS AND NOTICE FOR DISCOVERY LENOX HILL HOSPITAL, NORTHWELL AND INSPECTION____________ HEALTH, INC., NORTHWELL HEALTHCARE, INC., NORTH SHORE – LIJ NETWORK, INC., NORTHSHORE-LIJ HEALTH SYSTEM, MONTEFIORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEFIORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE II, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and “JOHN DOE” “JANE ROE” and “ABC INC.” 1-20 presently unknown healthcare providers, individuals and agencies Defendants. x COUNSELORS PLEASE TAKE NOTICE, that pursuant to Rule 3121 of the CPLR, you are hereby requested to produce and permit the defendant, MONTEFIORE HEALTH SYSTEM INC., through its attorneys, AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, to inspect, copy, test, and/or photograph the following specified documents in your possession, control, and/or custody: 1. Authorizations (HIPAA compliant) to obtain medical records, lab reports, x-rays and other materials related to treatment provided to the plaintiff’s decedent by the following health care providers: 1 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 a. Hospitals, specifying complete names and addresses. b. Doctors, specifying complete names and addresses. c. Nurses and therapists, specifying complete names and addresses. 2. All medical reports, records and hospital charts upon which the plaintiffs will rely at the time of trial. PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making the inspection, copying, testing and photographing as specified above is designated to be made at the offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Demand for Insurance Information PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), you are required to serve upon the undersigned within eight (8) days after service of this notice, any insurance contracts or policies covering the above named party including, but not limited to primary, excess or reinsurance coverage issued to said party, and under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the within action or to indemnify or reimburse the payments made to satisfy said judgment. Said response shall include the name and address of the insurance carrier, the policy number(s), the policy period(s) and the amount of such policy coverage(s). Demand for Statements PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), the defendant named below hereby demands that the above-named claimant produce at the offices of the undersigned attorney, within fourteen (14) days from your receipt of this Notice, the original of each and every statement and other writing taken or received by said claimant, or her or their respective attorneys, agents or representatives, from any said defendant or from any agent, servant or employee of any said defendant and permitting said defendant, or the undersigned attorney acting on behalf of said defendants to inspect and copy such statement and writing. You are hereby advised that the defendants’ prescriptions, billing statements, correspondence and medical reimbursement forms signed by or filled out by the defendants are considered statements within the meaning of this Demand. The aforesaid production may be complied with by sending a true copy of each aforementioned statement and writing to the undersigned within the time hereinbefore specified. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this notice, that the undersigned will move to preclude the claimant from introducing into evidence and from otherwise using each aforementioned statement and writing for any purpose whatsoever, upon the trial of this action. -2- 2 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 Demand for Legal Representatives AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP., the attorneys for the defendant herein, party to this action, hereby demand that you serve upon them at the address set forth below a list of those who have appeared in this action, together with their post office address and residence in sufficient detail to permit service of papers pursuant to Rule 2103 of the Civil Practice Law and Rules together with copies of all pleadings had herein. Demand for Collateral Reimbursement Information PLEASE TAKE NOTICE that pursuant to CPLR §4545 the plaintiffs are hereby required to produce for discovery, inspection and copying by counsel for defendants named below, the following: 1. All documents in the plaintiff’s possession with respect to reimbursement which the plaintiff has received from collateral sources for the cost of medical care, custodial care, rehabilitation sources, loss of earnings and other economic loss which the plaintiff will claim as special damages in this action. 2. Such documents shall include any and all bills and invoices for the services rendered and canceled checks or receipts with respect to her payment, correspondence, health and disability forms, and Medicare and Medicaid forms. 3. Duly executed authorizations permitting the defendants to obtain the records of any person, institution, facility, or governmental agency which has provided, or will provide any reimbursement for any of the special damages alleged herein, whether or not such person, organization, facility or governmental agency has been listed in response to paragraph 1, above. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. In the event plaintiff possesses no documents with respect to reimbursement, demand is made for executed and currently acknowledged authorizations to obtain copies of records from collateral sources, which authorizations shall include the complete name, address and claim number of the reimbursing party. In lieu of said discovery and inspection, photocopies of all documents may be forwarded to the offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, prior to said date of discovery. PLEASE TAKE FURTHER NOTICE that the authorizations must be provided in HIPAA complaint form. Attached to this demand is a sample authorization for your use as well as an approved authorization for Workers’ Compensation records. Please make the appropriate number of copies, fill them out completely and return to the undersigned. A separate authorization -3- 3 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 must be provided for each health care provider, employer, pharmacy or health care cost reimbursement. Demand for Medical Records of Prior Treatment PLEASE TAKE NOTICE that the plaintiff is hereby required to produce for discovery, inspection and copying by counsel for the defendants named below, the following: 1. The names and addresses of any physicians, medical institutions, medical personnel, nursing services or hospitals whom the plaintiff’s decedent saw, consulted with, received advice from or prior to the alleged negligence suffered by the plaintiff. 2. Authorizations to obtain reports and records of the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Inspection will be made and copying will be done at the defendant’s expense, and the documents will be promptly returned after copying has been completed. Demand for Inspection of Witnesses PLEASE TAKE NOTICE that the plaintiffs are hereby required to produce for discovery, inspection and copying by counsel for defendant named below, the following: 1. The names, residence address and business address of the following persons claimed by the plaintiffs to be witnesses herein. a. Any and all persons claimed by plaintiffs to have witnessed the treatment(s) which was allegedly rendered by the defendants herein, including witnesses to any physical examination, test, consultation, prescription or advice, performed by, at the request of, on behalf of or rendered by the defendant herein. b. Any and all persons claimed by the plaintiffs to have witnessed any of the treatment rendered by any of the defendants herein. c. Any and all persons claimed by the plaintiffs to have witnessed the occurrence of the alleged malpractice herein. d. All persons claimed by the plaintiffs to have witnessed the occurrence of, cause of or inception of the injuries alleged herein. PLEASE TAKE FURTHER NOTICE that the time, place, manner and making the inspection, copying, testing and photographing as specified above is designated to be made at the -4- 4 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Demand for Employment & Tax Records PLEASE TAKE NOTICE that the plaintiff is hereby required to produce for discovery, inspection and copying by counsel for defendants named below, the following: 1. The names and addresses of all institutions, firms, corporations, partnerships, persons or others by whom the plaintiff was employed or from whom the plaintiff’s decedent received salary and/or income benefits, for the years: the past 10 years to present. 2. Duly executed authorizations to permit the defendants herein to obtain the records of the aforesaid with respect to the plaintiff-decedent’s earnings, position, title, working capacity, record of attendance, record of illness and employment status. Said authorizations are to provide the full name and last known address of said employer(s). 3. In the event that the plaintiff’s decedent was self-employed, an independent contractor, employed by relatives, or in the presence of any other special circumstances, it is demanded that the plaintiff provide duly executed authorizations to permit the defendants to obtain copies of any federal, state and city income tax returns for the years specified in item 1 and it is further demanded that the plaintiff produce for copying and inspection all W-2 forms for the years specified in item 1. It is requested that the aforesaid production be made within twenty (20) days of the date herein, at 10:00 a.m., at the law offices of AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Inspection will be made and copying will be done at the defendant's expense, and the documents will be promptly returned after copying has been completed. Demand for Oral Statements PLEASE TAKE NOTICE that pursuant to CPLR §3101 et seq., the defendants named below hereby demands that the above named plaintiff produce at the office of the undersigned attorneys, within twenty (20) days of your receipt of this notice, the name and residence address of each and every individual who spoke, discussed or otherwise reviewed with the below named defendants, the occurrence or inception of the alleged injuries herein, together with the business address of each named individual, together with any notes or memoranda made by such individuals, or by any one on behalf of the plaintiff or plaintiff’s attorneys, with respect to each such conversation, discussion or review. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of AARONSON, RAPPAPORT, FEINSTEIN & -5- 5 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016. Inspection will be made and copying will be done at the defendants’ expense, and the documents will be promptly returned after copying has been completed. Demand for Medical Records PLEASE TAKE NOTICE that demand is hereby made upon you to furnish the undersigned attorneys with complete and full copies of any and all records which plaintiff received from MONTEFIORE HEALTH SYSTEM INC. Demand for Medicaid/Medicare Lien Information PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules of the State of New York and Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. 1395(y)(b)(7) and (b)(8), demand is hereby made by AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, 600 Third Avenue, New York, NY 10016, the attorneys for defendant, that plaintiff furnish the following within thirty (30) days of the service of this Notice in a sworn statement: 1. A sworn statement as to whether plaintiffs have received benefits from Medicare at any time, for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand is further made that plaintiff provide the following: a. Plaintiff’s date of birth; b. Plaintiff’s Social Security number; c. The Medicare file and/or identification number; d. The name and address of the office handling the Medicare file; e. Copies of all documents in the possession of plaintiff or her attorneys pertaining to plaintiff’s receipt of Medicare benefits, including, but not limited to, claim forms accompanying checks sent by Medicare, lien papers, and all other papers received from Medicare or the Agency handling the Medicare claim; and f. A duly executed HIPAA-compliant authorization bearing plaintiff’s date of birth and social security numbers, and the Medicare file number, permitting AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP or its designee to obtain copies of plaintiff’s Medicare records. 2. A sworn statement as to whether plaintiff has received benefits from Medicaid at any time, for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand is further made that plaintiff provide the following: -6- 6 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 a. Plaintiff’s date of birth; b. Plaintiff’s Social Security number; c. The Medicaid file and/or identification number; d. The name and address of the office handling the Medicaid file; e. Copies of all documents in the possession of plaintiff or her attorneys pertaining to plaintiff’ receipt of Medicaid benefits, including, but not limited to, claim forms accompanying checks sent by Medicaid, lien papers, and all other papers received from Medicaid or the Agency handling the Medicaid claim; and f. A duly executed HIPAA-compliant authorization bearing plaintiff’s date of birth and social security numbers, and the Medicaid file number, permitting AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP, or its designee to obtain copies of plaintiff’s Medicaid records. PLEASE TAKE FURTHER NOTICE that, pursuant to New York Civil Practice and Rules §3101(h), this is a continuing demand that requires plaintiff to update the responses made hereto within twenty (20) days of receipt of the above-entitled information, and no later than thirty (30) days prior to trial. PLEASE TAKE FURTHER NOTICE that failure to comply with this Notice will serve as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof relative to medical damages, if such sworn statements, HIPAA-compliant authorizations, and documents and papers requested are not produced within the time set forth above. Demand for Expert Disclosure PLEASE TAKE NOTICE, pursuant to CPLR §3101(d), that the plaintiffs are required to furnish the undersigned, within 20 days, with the following information: 1. As to each person whom you expect to call as a medical expert witness at trial, disclose in reasonable detail the qualification of each expert witness. Include the following: a. Where did the expert attend medical school? What was the year of the expert’s graduation? b. Did the expert attend internship, residency and/or fellowship programs? If so, where, what years, and in what specialty or specialties? c. Does the expert specialize in any areas of medicine? If so; what? -7- 7 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 d. Is the expert Board Certified in any areas of medicine? If so, which? If so, in what years was the expert so Board Certified? e. Is the expert licensed to practice medicine in the United States? If so, where was he/she licensed? If so, when was he/she licensed? f. What are the expert's hospital affiliations, if any? g. The title of any text/article authored by, contributed to or edited by the expert, together with an appropriate citation by name, publication, volume number, date or other appropriate identifying matter. h. The title of any lecture given by the expert, together with the date, location or other appropriate identifying matter. i. The subject of any courses taught by the expert, including the name of the facility taught, where the course was taught, the subject matter of the course and the years in which it was taught. 2. Disclose in reasonable detail the subject matter on which each expert is expected to testify. 3. Disclose in reasonable detail the substance of the facts and opinions on which each expert is expected to testify. 4. Disclose in reasonable detail a summary of the grounds for each expert's opinion. The above is demanded pursuant to CPLR §3101(d), as well as the applicable case law, including Thomas v. Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dept. 2002). PLEASE TAKE FURTHER NOTICE, that this request is a continuing one. In the event you should decide not to call any of the aforesaid experts disclosed or other or different experts, then you are required to promptly respond to this request upon such change of conditions. -8- 8 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 Your failure to respond in a timely fashion will result in a motion to preclude at trial and/or a motion to compel disclosure. Dated: New York, New York September 3, 2020 Yours, etc. P atrick P . M evs BY: Patrick P. Mevs AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MONTEFIORE HEALTH SYSTEM Office & P.O. Address 600 Third Avenue New York, NY 10016 (212) 593-6700 To: SONIN & GENIS, LLC Attorneys for Plaintiffs 1 Fordham Plaza, Suite 907 Bronx, New York 10458 (718) 561-4444 MARTIN CLEARWATER & BELL LLP Attorneys for Defendants LENOX HILL HOSPITAL, NORTHWELL HEALTH, INC., & NORTHWELL HEALTHCARE, INC. 245 Main Street White Plains, New York 10601 SHEELY LLP Attorneys for Defendant SCHAFFER EXTENDED CARE CENTER 100 Wall Street, 19th Floor New York, New York 10005 (646) 650-5952 RUBIN PATERNI GONZALEZ KAUFMAN LLP Attorneys for Defendant CALVARY HOSPITAL, INC. 1225 Franklin Avenue Suite 200 Garden City, New York 11530 (516) 344-6376 -9- 9 of 10 FILED: BRONX COUNTY CLERK 09/03/2020 04:53 PM INDEX NO. 28244/2020E NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 09/03/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Index No: 28244/2020E FITHSROY CARGILL BY THE ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL Individually, Plaintiffs, - against - LENOX HILL HOSPITAL, NORTHWELL HEALTH, INC., NORTHWELL HEALTHCARE, INC., NORTH SHORE - LIJ NETWORK, INC., NORTHSHORE-LIJ HEALTH SYSTEM, MONTEFIORE MEDICAL CENTER, MONTEFIORE NEW ROCHELLE HOSPITAL, SCHAFFER EXTENDED CARE CENTER, MONTEFIORE HEALTH SYSTEM, INC., CENTERLIGHT HEALTH SYSTEM, INC., CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT CERTIFIED HOME HEALTH AGENCY, VISITING NURSE SERVICE OF NEW YORK, VISITING NURSE SERVICE OF NEW YORK HOME CARE, VISITING NURSE SERVICE OF NEW YORK HOME CARE II, CONCEPTS OF INDEPENDENCE, INC., CALVARY HOSPITAL, INC. and "JOHN DOE" "JANE ROE" and "ABC INC." 1-20 presently unknown healthcare providers, individuals and agencies Defendants. COMBINED DEMANDS AND NOTICE FOR DISCOVERY AND INSPECTION AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant MONTEFIORE HEALTH SYSTEM Office and Post Address 600 Third Avenue New York, NY 10016 212-593-6700 -10- 10 of 10