Preview
(FILED: KINGS COUNTY CLERK 10/22/2015 04:16 PM INDEX NO. 509682/2015 |
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/22/2015 |
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NS een
ALYSSA JONES, i
Plaintiff(s)
. VERIFIED ANSWER
- against -
CATRENA MAGWOOD and MICHAEL Index #: 509682/15
WASHINGTON,
Defendant(s) Catrena Magwood and Michael Washington, by the undersigned answering
the VERIFIED complaint of the plaintiff(s), upon information and belief, states as follows:
ANSWERING A FIRST CAUSE OF 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, 23, 24 and 27.
SECOND: Denies each and every allegation contained in paragraphs numbered and |
designated as: 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 28, 29, 30, |
31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and’45. |
THIRD: Deny and refer all questions of Law to the Court of the allegations contained in
paragraphs numbered and designated as: 44.
FOURTH: Admits each and every allegation contained in paragraphs numbered and
lesignated as: 2 and 3.
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 seeks a dismissal or reduction in any recovery had by the plaintiff in the proportion
which the culpable conduct attributable to the plaintiff(s) bears to the culpable conduct which
caused the damages.
AS AND FOR AN AFFIRMATIVE DEFENSE — SEAT BELT
The plaintiff(s) damages must be mitigated by the plaintiff(s) failure to use the available seat
belts or infant restraining devices and that the damages claimed to have been sustained were
caused by the lack of use of said seat belts and/or infant restraining devices.
AS AND FOR AN AFFIRMATIVE DEFENSE — ASSUMPTION OF THE RISK
The injuries and damages allegedly suffered by the plaintiff(s) were sustained while he was
engaged in an activity that the plaintiff(s) entered knowing the risks inherent therein and which
tisks were assumed by plaintiff(s).
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 sourceof the type described in CPLR §4545 and defendant is entitled to have any award reduced in the
amount of such payments.
AS AND FOR AN AFFIRMATIVE DEFENSE — GENERAL OBLIGATIONS LAW
Plaintiff(s) recovery must be offset by a settlement pursuant General Obligations Law section
15-108.
AS AND FOR AN AFFIRMATIVE DEFENSE -- FAILURE TO STATE CAUSE OF
ACTION
Plaintiff(s) complaint fails to state a cause of action for which relief can be granted.
AS AND FOR AN AFFIRMATIVE DEFENSE - SERIOUS INJURY
Plaintiff did not sustain a serious injury pursuant to Insurance Law Sections 5102 and 5104.
AS'AND FOR AN AFFIRMATIVE DEFENSE — EMERGENCY SITUATION
This answering defendant is not negligent as they were faced with an emergency; a sudden and
unanticipated circumstance not of their own making; and acted as a reasonably prudent person
would act in the same emergency.
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
October 21, 2015
Andrew Fuchs, Esq.
JAMES G, BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington
875 Merrick Avenue
Westbury, New York 11590
bilelloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (774)
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iVERIFICATION
Andrew Fuchs, Esq., an attorney admitted to practice in the Courts of this State, and
associated with the firm of JAMES G. BILELLO & ASSOCIATES, attorneys for the
defendant(s) Catrena Magwood and Michael Washington, states:
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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 affirmant'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 is because
the defendant does not reside within the county where JAMES G. BILELLO & ASSOCIATES,
maintain their office.
The undersigned affirms that the foregoing statement is true, under penalties of perjury.
Date: Westbury, New York
October 21, 2015 P53
a
Andrew Fuchs, Esq.
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|SUPREME COURT OF THE STATE OF NEW YORK
ALYSSA JONES,
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Plaintifi(s)
- against - DEMAND FOR A VERIFIED
BILL OF PARTICULARS
CATRENA MAGWOOD and MICHAEL
WASHINGTON,
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_ dDeofendant(s) LL a
PLEASE TAKE NOTICE that the defendant(s) Catrena Magwood and Michael
Washington, hereby demands that you serve upon the undersigned within thirty days from date
of service herein, a veritied bill of particulars concerning the following matters:
Name, date of birth and social security number of plaintiff(s).
State all names by which plaintiff(s) have been known.
Marital status of plaintiff(s) now and on the date of the occurrence.
Post office and residence address of plaintiff in sufficient detail to permit ready location.
The date and approximate time of day of the occurrence.
The approximate location of the occurrence.
A general statement of the acts or omissions, constituting the negligence claimed. If any
violation of any rule, law, custom, ordinance or statute is claimed, 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 totally incapacitated 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) all other special
damages; and (g) all out of pocket expenses.
15. Specify the monetary amount that will be claimed at trial for each and every clement of
damages.
16. State the name and address of plaintiff's employer and position held, and/or schoo! at the
time of the occurrence, if any.
17. If plaintiff was self-employed at the time of the occurrence, state the facts upon which
plaintiff bases his claim for loss of earnings, if any.
18. If property damages are claimed, describe the article, the damage thereto, date of purchase,
original cost, and cost of repair.
19, If property damage to automobile is claimed, state the following: (a) The make, style, model,
year of manufacture, serial number and license number of plaintiff's 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.
20. If monetary damage due to the loss of use of an automobile is claimed, state the length of
time claimed for the loss of use, the amount claimed, and the particulars by which the amount
was calculated.
NAW YN21. 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.
22. 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.
23, Please state whether plaintiff(s) receive or received Medicare benefits and, if so, provide
plaintiffs) Health Insurance Claim Number (HICN).
24. Pursuant to CPLR Section 3101(d);
a) Identify and state the qualifications of each person whom you expect to call at trial
as an expert witness.
b) State the subject matter in reasonable detail upon which the expert is expected to
testify.
c) Provide the facts and opinions upon which the expert is expected 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 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
October 21, 2015
Andrew Fuchs, Esq.
JAMES G. BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington
875 Merrick Avenue
Westbury, New York 11590
bilelloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (3774)SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ALYSSA JONES,
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Plaintiff(s) |
- against - COMBINED DEMAND FOR.
DISCOVERY AND INSPECTION
WASHINGTON,
CATRENA MAGWOOD and MICHAEL |
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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 all persons that:
1. witnessed the occurrence,
2. have knowledge of the nature and duration of any alleged condition(s) proximately
causing this occurrence,
3. witnessed or have firsthand knowledge of notice given to the party(ies) we represent
and/or any other party in this action,
4. have firsthand knowledge of facts and circumstances regarding this occurrence,5. have knowledge of the injuries and damages plaintiff alleges to have incurred relating
to this occurrence,
6. have knowledge of the injuries and damages plaintiff alleges to have incurred relating
to this occurrence that you intend to call as witnesses at trial.
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 a copy of each such expert's report furnished to you or your client(s).
PLEASE TAKE FURTHER NOTICE, that if any 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 REPORTS
All accident reports and/or motor vehicle accident reports in your client(s)' 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 it will be alleged was made by or attributed to the party(ies) we represent in this
action. If none, so state.
DEMAND FOR PHOTOGRAPHS
Copy(ies) of all photographs, slides, video tapes and/or motion pictures in your client(s)'
possession, pertaining to the accident site, defective conditions(s) claimed and/or
instrumentality(ies) in issue.DEMAND FOR INCOME TAX RETURNS
Copies of plaintiff(s) income tax returns for a period of three (3) years preceding the date
of the accident as set forth in plaintiff(s) complaint to present, as well as a duly executed,
acknowledged and current authorization allowing this office to obtain the plaintiff's 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 that expire upon the conclusion
of litigation 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 that expire upon the conclusion
of litigation 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
Ifa claim has been or will be made by plaintiff(s) pursuant to the terms of ARTICLE
XVII 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 wil! be made.
2. Set forth duly executed and acknowledged written authorizations that expire upon
the conclusion of litigation 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 file number.
2. Set forth duly executed and acknowledged written authorizations that expire upon
the conclusion of litigation 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
Ifa disability claim has been or will be made
by plaintiff(s), pursuant to the terms of the
Social Security Laws, with respect to cach 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 that expire upon
the conclusion of litigation 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.P.L.R. 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 to prove as special
damages.
2. The amounts the plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
3. The amount of premiums actually pai
by the plaintiffs) in the two (2) year period
preceding the accrual of his/her/their cause of action.
4. The amount of premiums actually pai
his/her/their cause of action and the preset
by the plaintiff(s) between the accrual of
nt date.
5. The projected future costs of the plaintiff(s) maintaining such benefits.
DEMAND FOR MEDICAL INFORMATION
1. The names and addresses of all physicians or other health care providers of every description
who have consulted, examined or treated the plainti.
(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:
the entire record or records including x-rays,
authorization for intraoperative photographs.
and technicians’ reports and a separate3. 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
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. :
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. If plaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is
hereby made with respect to the pre-existing condition or injury 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 or examined plaintiff(s);
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 prior accident/injury;
¢) intraoperative photos
d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that
filled a prescription for plaintiff(s); and
¢) copies of the complete legal files and no-fault files (if applicable)
7. If plaintiffs) 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 all diagnostic tests (including, but not limited to MRIs, CT
scans, and x-rays) that were taken;
c) iritraoperative photos
d) all records, reports, notes, correspondence, etc, from any pharmacy or drug store that
filled a prescription for plaintifii{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 plaintiff’(s) complaint, plaintiff(s) have re-
injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby
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\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
d) copies of the complete legal files and no-fault files (if applicable) relating to the re-
injury.
PLEASE TAKE FURTHER NOTICE that all authorizations must have an expiration date
of, “the completion of litigation”.
PLEASE TAKE FURTHER.
OTICE that each of these authorizations must include
complete names, addresses, and any and all pertinent identifying information.
DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25)
days of the date of these demands at the office of: JAMES G. BILELLO & ASSOCIATES, 875
Merrick Avenue, Westbury, New York 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
OTICE, 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
October 21, 2015
Andrew Fuchs, Esq.
JAMES G, BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington.
875 Merrick Avenue
Westbury, New York 11590
bilelloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (J774)
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iSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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Plaintiff(s)
NOTICE TO TAKE DEPOSITION
UPON ORAL EXAMINATION
- against -
CATRENA MAGWOOD and MICHAEL
WASHINGTON,
Please take notice that, pursuant to Article 3 fof the Civil Practice Law and Rules, the
testimony, upon oral examination of the plaintiffs) and co-defendant(s) as an Adverse Party(ies)
will be taken before a Notary Public who is not an attorney, or employee of an attorney for any
party or prospective party herein, and is not a person who would be disqualified to act as a juror
because of interest or because of consanguinity or affinity to any party herein, shall be taken at
THE ABOVE CAPTIONED COURTHOUSE on a date and time to be set at a preliminary i
conference with respect to necessary evidence and material in the prosecution or defense of this
action:
All of the relevant facts and circumstances in connection with the accident which
occurred on Friday, June 20, 2014, including negligence, contributory negligence, liability and
damages.
That the said person to be examined is required to produce at such examination the
following: all relevant material.
DATED: Westbury, New York
October 21, 2015
Andrew Fuchs, Esq.
JAMES G. BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington
875 Merrick Avenue
Westbury, New York 11590
bilelloandassociates@gcico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (J774)SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No: 509682/15
ALYSSA JONES;
Plaintiff(s) REFUSAL TO ACCEPT SERVICE BY
FACSIMILE TRANSMISSION
- against ~ | AND
| DECLINATION OF CONSENT TO
| E-FILING
CATRENA MAGWOOD and MICHAEL
WASHINGTON, |
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PLEASE TAKE NOTICE that JAMES G. BILELLO & ASSOCIATES, attorneys for
defendant(s), Catrena Magwood and Michael Washington, does not accept service by electronic
transmission (“FAX”) except upon written permission given at least twenty-four (24) hours prior
to such service. Listing a FAX number on the office letterhead is not consent to service of
litigation papers by such method.
PLEASE TAKE NOTICE that JAMES G. BILELLO & ASSOCIATES, attorneys for :
defendant(s), Catrena Magwood and Michael Washington, does not consent to the use of the
New York State Courts Electronic Filing System (e-filing) in this case.
DATED: Westbury, New York
October 21, 2015
Andrew Fuchs, Esq.
JAMES G. BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington
875 Merrick Avenue ,
Westbury, New York 11590
bilelloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (J774)SUPREME COURT OF THE STATE OF NEW YORK
_COUNTY OF KINGS
6S —
Plaintiff(s)
- against - EXAMINATION
CATRENA MAGWOOD and MICHAEL
WASHINGTON,
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Defendant(s) |
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PLEASE TAKE NOTICE that defendant, Catrena Magwood and Michael Washington,
by attorney, JAMES G. BILELLO & ASSOCIATES, require that plaintiff submit to physical
examination(s) on a date after examination(s) before trial are completed and after all pertinent
medical information has been exchanged by plaintiff as per 22 N.Y.C.R.R. § 202.17.
PLEASE TAKE FURTHER NOTICE that your office will be contacted to reschedule a
date and location for the physical examinations.
DATED: Westbury, New York
October 21, 2015
Andrew Fuchs, Esq.
JAMES G. BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington
875 Merrick Avenue
Westbury, New York 11590
bilelloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (J774)SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
“ALYSSA JONES, |
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Plaintiffs) |
REFUSAL TO ACCEPT SERVICE BY
- against - i FACSIMILE TRANSMISSION
CATRENA MAGWOOD and MICHAEL i Index No: 509682/15
WASHINGTON,
Defendant(s) L
PLEASE TAKE NOTICE that JAMES G. BILELLO & ASSOCIATES, attorneys for
defendant(s), Catrena Magwood and Michael Washington, does not accept service by electronic
transmission (“FAX”) except upon written permission given at least twenty-four (24) hours prior
to such service. Listing a FAX number on the office letterhead is not consent to service of
litigation papers by such method.
DATED: Westbury, New York
October 21, 2015
Andrew Buchs, Esq.
JAMES G. BILELLO & ASSOCIATES
Attorneys for Defendant(s)
Catrena Magwood and Michael Washington.
875 Merrick Avenue
Westbury, New York 11590
bilelloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (J774)Index #: 509682/15
SUPREME COURT OF THE STATE OF NEW YORK
Plaintiffs)
VERIFIED ANSWER WITH
~ against - DEMANDS
CATRENA MAGWOOD and MICHAEL
WASHINGTON,
Index No: 509682/15
CERTIFICATION PURSUANT TO SECTION 130-1.1a
OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR)
‘The undersigned certifies the following documents pursuant to 22NYCRR Section 130-1.la:
Verified Answer to Verified Complaint, Demand for a Verified Bill of Particulars,
Combined Demand for Discovery and Inspection, Notice to Take Deposition Upon Oral
Examination, Refusal to Accept Service by Facsimile Transmission and Notice to Submit to
Physical Examination.
DATED: Westbury, New York
October 21, 2015
Andrew Fuchs, Esq?
JAMES G. BILELLO & ASSOCIATES
Attorneys for Defendant(s}
Catrena Magwood and Michael Washington
875 Merrick Avenue
Westbury, New York 11590
bilclloandassociates@geico.com
516-229-4540
Our File No: 15K2105
Claim No: 0455455990101053 (1774)
TO:
Levine and Wiss, PLLC
Attorneys for Plaintifi(s)
ALYSSA JONES,
510 Hempstead Tpke., Suite 206
West Hempstead, NY 11552
516-747-3222
Due and timely service of a copy of the within VERIFIED ANSWER WITH DEMANDS is
hereby admitted.
Dated October 21, 2015
Attorney(s) for
Preview
(FILED: KINGS COUNTY CLERK 10/22/2015 04:16 PM INDEX NO. 509682/2015 | NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/22/2015 | SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NS een ALYSSA JONES, i Plaintiff(s) . VERIFIED ANSWER - against - CATRENA MAGWOOD and MICHAEL Index #: 509682/15 WASHINGTON, Defendant(s) Catrena Magwood and Michael Washington, by the undersigned answering the VERIFIED complaint of the plaintiff(s), upon information and belief, states as follows: ANSWERING A FIRST CAUSE OF 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, 23, 24 and 27. SECOND: Denies each and every allegation contained in paragraphs numbered and | designated as: 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 28, 29, 30, | 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and’45. | THIRD: Deny and refer all questions of Law to the Court of the allegations contained in paragraphs numbered and designated as: 44. FOURTH: Admits each and every allegation contained in paragraphs numbered and lesignated as: 2 and 3. 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 seeks a dismissal or reduction in any recovery had by the plaintiff in the proportion which the culpable conduct attributable to the plaintiff(s) bears to the culpable conduct which caused the damages. AS AND FOR AN AFFIRMATIVE DEFENSE — SEAT BELT The plaintiff(s) damages must be mitigated by the plaintiff(s) failure to use the available seat belts or infant restraining devices and that the damages claimed to have been sustained were caused by the lack of use of said seat belts and/or infant restraining devices. AS AND FOR AN AFFIRMATIVE DEFENSE — ASSUMPTION OF THE RISK The injuries and damages allegedly suffered by the plaintiff(s) were sustained while he was engaged in an activity that the plaintiff(s) entered knowing the risks inherent therein and which tisks were assumed by plaintiff(s). 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 sourceof the type described in CPLR §4545 and defendant is entitled to have any award reduced in the amount of such payments. AS AND FOR AN AFFIRMATIVE DEFENSE — GENERAL OBLIGATIONS LAW Plaintiff(s) recovery must be offset by a settlement pursuant General Obligations Law section 15-108. AS AND FOR AN AFFIRMATIVE DEFENSE -- FAILURE TO STATE CAUSE OF ACTION Plaintiff(s) complaint fails to state a cause of action for which relief can be granted. AS AND FOR AN AFFIRMATIVE DEFENSE - SERIOUS INJURY Plaintiff did not sustain a serious injury pursuant to Insurance Law Sections 5102 and 5104. AS'AND FOR AN AFFIRMATIVE DEFENSE — EMERGENCY SITUATION This answering defendant is not negligent as they were faced with an emergency; a sudden and unanticipated circumstance not of their own making; and acted as a reasonably prudent person would act in the same emergency. 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 October 21, 2015 Andrew Fuchs, Esq. JAMES G, BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington 875 Merrick Avenue Westbury, New York 11590 bilelloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (774) / iVERIFICATION Andrew Fuchs, Esq., an attorney admitted to practice in the Courts of this State, and associated with the firm of JAMES G. BILELLO & ASSOCIATES, attorneys for the defendant(s) Catrena Magwood and Michael Washington, states: i i i : | i 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 affirmant'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 is because the defendant does not reside within the county where JAMES G. BILELLO & ASSOCIATES, maintain their office. The undersigned affirms that the foregoing statement is true, under penalties of perjury. Date: Westbury, New York October 21, 2015 P53 a Andrew Fuchs, Esq. ; ] |SUPREME COURT OF THE STATE OF NEW YORK ALYSSA JONES, | Plaintifi(s) - against - DEMAND FOR A VERIFIED BILL OF PARTICULARS CATRENA MAGWOOD and MICHAEL WASHINGTON, | _ dDeofendant(s) LL a PLEASE TAKE NOTICE that the defendant(s) Catrena Magwood and Michael Washington, hereby demands that you serve upon the undersigned within thirty days from date of service herein, a veritied bill of particulars concerning the following matters: Name, date of birth and social security number of plaintiff(s). State all names by which plaintiff(s) have been known. Marital status of plaintiff(s) now and on the date of the occurrence. Post office and residence address of plaintiff in sufficient detail to permit ready location. The date and approximate time of day of the occurrence. The approximate location of the occurrence. A general statement of the acts or omissions, constituting the negligence claimed. If any violation of any rule, law, custom, ordinance or statute is claimed, 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 totally incapacitated 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) all other special damages; and (g) all out of pocket expenses. 15. Specify the monetary amount that will be claimed at trial for each and every clement of damages. 16. State the name and address of plaintiff's employer and position held, and/or schoo! at the time of the occurrence, if any. 17. If plaintiff was self-employed at the time of the occurrence, state the facts upon which plaintiff bases his claim for loss of earnings, if any. 18. If property damages are claimed, describe the article, the damage thereto, date of purchase, original cost, and cost of repair. 19, If property damage to automobile is claimed, state the following: (a) The make, style, model, year of manufacture, serial number and license number of plaintiff's 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. 20. If monetary damage due to the loss of use of an automobile is claimed, state the length of time claimed for the loss of use, the amount claimed, and the particulars by which the amount was calculated. NAW YN21. 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. 22. 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. 23, Please state whether plaintiff(s) receive or received Medicare benefits and, if so, provide plaintiffs) Health Insurance Claim Number (HICN). 24. Pursuant to CPLR Section 3101(d); a) Identify and state the qualifications of each person whom you expect to call at trial as an expert witness. b) State the subject matter in reasonable detail upon which the expert is expected to testify. c) Provide the facts and opinions upon which the expert is expected 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 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 October 21, 2015 Andrew Fuchs, Esq. JAMES G. BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington 875 Merrick Avenue Westbury, New York 11590 bilelloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (3774)SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ALYSSA JONES, | Plaintiff(s) | - against - COMBINED DEMAND FOR. DISCOVERY AND INSPECTION WASHINGTON, CATRENA MAGWOOD and MICHAEL | | | 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 all persons that: 1. witnessed the occurrence, 2. have knowledge of the nature and duration of any alleged condition(s) proximately causing this occurrence, 3. witnessed or have firsthand knowledge of notice given to the party(ies) we represent and/or any other party in this action, 4. have firsthand knowledge of facts and circumstances regarding this occurrence,5. have knowledge of the injuries and damages plaintiff alleges to have incurred relating to this occurrence, 6. have knowledge of the injuries and damages plaintiff alleges to have incurred relating to this occurrence that you intend to call as witnesses at trial. 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 a copy of each such expert's report furnished to you or your client(s). PLEASE TAKE FURTHER NOTICE, that if any 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 REPORTS All accident reports and/or motor vehicle accident reports in your client(s)' 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 it will be alleged was made by or attributed to the party(ies) we represent in this action. If none, so state. DEMAND FOR PHOTOGRAPHS Copy(ies) of all photographs, slides, video tapes and/or motion pictures in your client(s)' possession, pertaining to the accident site, defective conditions(s) claimed and/or instrumentality(ies) in issue.DEMAND FOR INCOME TAX RETURNS Copies of plaintiff(s) income tax returns for a period of three (3) years preceding the date of the accident as set forth in plaintiff(s) complaint to present, as well as a duly executed, acknowledged and current authorization allowing this office to obtain the plaintiff's 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 that expire upon the conclusion of litigation 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 that expire upon the conclusion of litigation 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 Ifa claim has been or will be made by plaintiff(s) pursuant to the terms of ARTICLE XVII 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 wil! be made. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation 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 file number. 2. Set forth duly executed and acknowledged written authorizations that expire upon the conclusion of litigation 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 Ifa disability claim has been or will be made by plaintiff(s), pursuant to the terms of the Social Security Laws, with respect to cach 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 that expire upon the conclusion of litigation 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.P.L.R. 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 to prove as special damages. 2. The amounts the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 3. The amount of premiums actually pai by the plaintiffs) in the two (2) year period preceding the accrual of his/her/their cause of action. 4. The amount of premiums actually pai his/her/their cause of action and the preset by the plaintiff(s) between the accrual of nt date. 5. The projected future costs of the plaintiff(s) maintaining such benefits. DEMAND FOR MEDICAL INFORMATION 1. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plainti. (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: the entire record or records including x-rays, authorization for intraoperative photographs. and technicians’ reports and a separate3. 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 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. : 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. If plaintiff(s) claim(s) exacerbation of a pre-existing condition or injury then demand is hereby made with respect to the pre-existing condition or injury 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 or examined plaintiff(s); 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 prior accident/injury; ¢) intraoperative photos d) all records, reports, notes, correspondence, etc. from any pharmacy or drug store that filled a prescription for plaintiff(s); and ¢) copies of the complete legal files and no-fault files (if applicable) 7. If plaintiffs) 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 all diagnostic tests (including, but not limited to MRIs, CT scans, and x-rays) that were taken; c) iritraoperative photos d) all records, reports, notes, correspondence, etc, from any pharmacy or drug store that filled a prescription for plaintifii{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 plaintiff’(s) complaint, plaintiff(s) have re- injured a body part that plaintiff(s) claim(s) was injured in this accident, then demand is hereby : i | | \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 d) copies of the complete legal files and no-fault files (if applicable) relating to the re- injury. PLEASE TAKE FURTHER NOTICE that all authorizations must have an expiration date of, “the completion of litigation”. PLEASE TAKE FURTHER. OTICE that each of these authorizations must include complete names, addresses, and any and all pertinent identifying information. DISCOVERY OF ALL THE ABOVE IS TO BE PRODUCED within twenty five (25) days of the date of these demands at the office of: JAMES G. BILELLO & ASSOCIATES, 875 Merrick Avenue, Westbury, New York 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 OTICE, 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 October 21, 2015 Andrew Fuchs, Esq. JAMES G, BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington. 875 Merrick Avenue Westbury, New York 11590 bilelloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (J774) | | i iSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS | | i i i i | | | Plaintiff(s) NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION - against - CATRENA MAGWOOD and MICHAEL WASHINGTON, Please take notice that, pursuant to Article 3 fof the Civil Practice Law and Rules, the testimony, upon oral examination of the plaintiffs) and co-defendant(s) as an Adverse Party(ies) will be taken before a Notary Public who is not an attorney, or employee of an attorney for any party or prospective party herein, and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, shall be taken at THE ABOVE CAPTIONED COURTHOUSE on a date and time to be set at a preliminary i conference with respect to necessary evidence and material in the prosecution or defense of this action: All of the relevant facts and circumstances in connection with the accident which occurred on Friday, June 20, 2014, including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: all relevant material. DATED: Westbury, New York October 21, 2015 Andrew Fuchs, Esq. JAMES G. BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington 875 Merrick Avenue Westbury, New York 11590 bilelloandassociates@gcico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (J774)SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No: 509682/15 ALYSSA JONES; Plaintiff(s) REFUSAL TO ACCEPT SERVICE BY FACSIMILE TRANSMISSION - against ~ | AND | DECLINATION OF CONSENT TO | E-FILING CATRENA MAGWOOD and MICHAEL WASHINGTON, | | { i PLEASE TAKE NOTICE that JAMES G. BILELLO & ASSOCIATES, attorneys for defendant(s), Catrena Magwood and Michael Washington, does not accept service by electronic transmission (“FAX”) except upon written permission given at least twenty-four (24) hours prior to such service. Listing a FAX number on the office letterhead is not consent to service of litigation papers by such method. PLEASE TAKE NOTICE that JAMES G. BILELLO & ASSOCIATES, attorneys for : defendant(s), Catrena Magwood and Michael Washington, does not consent to the use of the New York State Courts Electronic Filing System (e-filing) in this case. DATED: Westbury, New York October 21, 2015 Andrew Fuchs, Esq. JAMES G. BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington 875 Merrick Avenue , Westbury, New York 11590 bilelloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (J774)SUPREME COURT OF THE STATE OF NEW YORK _COUNTY OF KINGS 6S — Plaintiff(s) - against - EXAMINATION CATRENA MAGWOOD and MICHAEL WASHINGTON, | | i i NOTICE TO SUBMIT TO PHYSICAL 3 | | Index No: 509682/15 : | i ; i : i Defendant(s) | | i | PLEASE TAKE NOTICE that defendant, Catrena Magwood and Michael Washington, by attorney, JAMES G. BILELLO & ASSOCIATES, require that plaintiff submit to physical examination(s) on a date after examination(s) before trial are completed and after all pertinent medical information has been exchanged by plaintiff as per 22 N.Y.C.R.R. § 202.17. PLEASE TAKE FURTHER NOTICE that your office will be contacted to reschedule a date and location for the physical examinations. DATED: Westbury, New York October 21, 2015 Andrew Fuchs, Esq. JAMES G. BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington 875 Merrick Avenue Westbury, New York 11590 bilelloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (J774)SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS “ALYSSA JONES, | | Plaintiffs) | REFUSAL TO ACCEPT SERVICE BY - against - i FACSIMILE TRANSMISSION CATRENA MAGWOOD and MICHAEL i Index No: 509682/15 WASHINGTON, Defendant(s) L PLEASE TAKE NOTICE that JAMES G. BILELLO & ASSOCIATES, attorneys for defendant(s), Catrena Magwood and Michael Washington, does not accept service by electronic transmission (“FAX”) except upon written permission given at least twenty-four (24) hours prior to such service. Listing a FAX number on the office letterhead is not consent to service of litigation papers by such method. DATED: Westbury, New York October 21, 2015 Andrew Buchs, Esq. JAMES G. BILELLO & ASSOCIATES Attorneys for Defendant(s) Catrena Magwood and Michael Washington. 875 Merrick Avenue Westbury, New York 11590 bilelloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (J774)Index #: 509682/15 SUPREME COURT OF THE STATE OF NEW YORK Plaintiffs) VERIFIED ANSWER WITH ~ against - DEMANDS CATRENA MAGWOOD and MICHAEL WASHINGTON, Index No: 509682/15 CERTIFICATION PURSUANT TO SECTION 130-1.1a OF THE RULES OF THE CHIEF ADMINISTRATOR (22NYCRR) ‘The undersigned certifies the following documents pursuant to 22NYCRR Section 130-1.la: Verified Answer to Verified Complaint, Demand for a Verified Bill of Particulars, Combined Demand for Discovery and Inspection, Notice to Take Deposition Upon Oral Examination, Refusal to Accept Service by Facsimile Transmission and Notice to Submit to Physical Examination. DATED: Westbury, New York October 21, 2015 Andrew Fuchs, Esq? JAMES G. BILELLO & ASSOCIATES Attorneys for Defendant(s} Catrena Magwood and Michael Washington 875 Merrick Avenue Westbury, New York 11590 bilclloandassociates@geico.com 516-229-4540 Our File No: 15K2105 Claim No: 0455455990101053 (1774) TO: Levine and Wiss, PLLC Attorneys for Plaintifi(s) ALYSSA JONES, 510 Hempstead Tpke., Suite 206 West Hempstead, NY 11552 516-747-3222 Due and timely service of a copy of the within VERIFIED ANSWER WITH DEMANDS is hereby admitted. Dated October 21, 2015 Attorney(s) for