Preview
FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-- ----------------------- X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against-
NOTICE FOR DISCOVERY &
THE CITY OF NEW YORK, BELMONT RE, LLC INSPECTION
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
--------------- X
PLEASE TAKE NOTICE that pursuant to the provisions of Article 31 of the CPLR,
demand is hereby made that PLAINTIFF, LUIS ALBERTO HERRERA, produce for discovery
and inspection at the offices of NEWMAN LAW ASSOCIATES, 11I John Street, Suite 1500,
New York, New York 10038 within twenty (20) days of receipt of this notice:
1. All photographs depicting the scene of the occurrence alleged in this action ("the
incident"), including but not limited to those which represent the condition(s) of the area where
Plaintiff was allegedly injured existing at the time of, immediately prior thereto, or shortly
thereafter the alleged incident;
2. All photographs depicting Plaintiffs injuries and conditions suffered as a result of
the alleged incident;
3. A copy of all statements given by any and allparties to any party, any insurance
company, or any other individual or entity concerning the alleged incident;
4. All police reports, accident reports, incident reports, ambulance call reports,
and/or other reports and/or records concerning the incident;
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5. A copy of all documents including any claim forms or written statements
submitted by any and all parties to an insurance carrier in connection with the incident;
6. The full names and addresses (including street number, city or town, and state) of
any person(s) who was in the proximity of Plaintiff, LUIS ALBERTO HERRERA, at the time of
his alleged incident;
7. Copies of documents and materials obtained Plaintiff's counsel pre-
by during
action discovery;
8. Copies of any and all pleadings and documents exchanged by any and all parties;
9. Any and allproof of written notice of the alleged defective condition;
10. The names and addresses of all physicians, mental health specialists, psychiatrists,
chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers
or diagnostic testing facilities of every description who have consulted with, examined, or treated
Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence
described in the Complaint including the date of such treatment or examination;
11. Duly-executed and acknowledged written authorizations directed to EMS, any
hospitals, clinics, physicians, psychiatrists, chiropractors, physical therapists, radiologists, plastic
surgeons, and other health care providers, diagnostic testing facilities or other facilities in which
Plaintiff was treated or examined due to the occurrence set forth in the Complaint so as to permit
technicians'
the securing of a copy of the entire record or records including x-rays and reports
maintained by said facility;
12. Duly-executed and acknowledged written authorizations to obtain the complete
pharmacy or drug store records with respect to any drugs prescribed for Plaintiff from one year
prior to the occurrence described in the Complaint to the present date;
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13. Each and every bill, statement of account or itemized charge received by Plaintiff
or anyone on her behalf pertaining to the special damages claimed in this lawsuit; and
14. Duly-executed and acknowledged written authorizations to obtain the Medicaid
and/or Medicare records of Plaintiff, if applicable.
Dated: New York, New York
September 30, 2020
NEWMAN LAW ASSOCIATES PLLC
By:
Jas . Warsh w, sq.
orneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23"1
150 Broadway, Floor
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28*
55 Water Street, Floor
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
- X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- DEMAND FOR TAX DOCUMENTS
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
----------------------X
PLEASE TAKE NOTICE, that Defendant, BELMONT RE. LLC, by its attorneys,
NEWMAN LAW ASSOCIATES PLLC, hereby demands, pursuant to C.P.L.R. §3120, that
Plaintiff provide to said attorneys at 111 John Street, Suite 1500, New York, New York 10038,
within thirty (30) days after the date of service hereof, the following:
1. True and accurate copies of documentation reflecting income earned by Plaintiff
for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the
Complaint, including, but not limited to, W-2 forms, 1099 forms and any other indicia of income
earned;
2. True and accurate copies of Federal, State and City income tax returns for
Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the occurrence
alleged in the Complaint, and;
3. Duly executed and acknowledged written authorizations and two forms of
identification required to permit Defendant to obtain Internal Revenue Service records,
documents and returns relative to Plaintiff for three (3) years prior, the year of, and one (1) year
subsequent to the date of the occurrence alleged in the Complaint.
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PLEASE TAKE FURTHER NOTICE that your failure to comply with the foregoing
demand will serve as the basis of a Motion seeking, in whole or in part, an order precluding the
plaintiff from introducing into evidence and for otherwise using the above demanded items for
any purpose whatsoever upon the trial of this action.
Dated: New York, New York
September 30, 2020
NEWMAN LAW OCIATES P C
n D. Wars a , Esq.
Attorneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, PlOOr
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, FlOOr
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------- ---------------- X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- DEMAND FOR EXPERT
DISCLOSURE
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
-------------------------- -----------------X
PLEASE TAKE NOTICE, that all parties are required to provide the following expert
disclosure to the undersigned within twenty (20) days:
1. Pursuant to C.P.L.R. §3101(d), you are hereby requested to disclose information
and/or documentation pertaining to trialexperts, which are to set forth the following:
a. Name and address of each witness you expect to call as an expert at trial;
b. The subject matter on which the expert is expected to testify;
c. The substance of the facts and opinion on which the expert is expected to
testify;
d. The qualifications of the expert;
e. A summary of the grounds for the expert's opinion.
PLEASE TAKE FURTHER NOTICE, that this demand is deemed to continue during
the pendency of this action as to information subsequently learned or developed.
PLEASE TAKE FURTHER NOTICE, that failure to comply with this discovery
deinand will serve as a basis for a motion seeking, in whole or in part, an order precluding such
party from introducing evidence, and for otherwise using the above demanded items for any
purpose whatsoever in the instant litigation.
Dated: New York, New York
September 30, 2020
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NEWMAN LAW ASSOCIATES PL
. Warshaw, Esq.
Attorneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, FlOOr
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28*
55 Water Street, Floor
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
DEMAND FOR MEDICAL
-against- INFORMATION
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
X
PLEASE TAKE NOTICE that Defendant hereby demand that pursuant to Article 31 of
the CPLR, Plaintiff, LUIS ALBERT HERRERA, serve upon the undersigned, within twenty (20)
days after receipt of this notice the following:
1. The names and addresses of all physicians, mental health providers, psychiatrists,
chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers
or diagnostic testing facilities of every description who have consulted with, examined, or treated
Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence
described in the Complaint including the date of such treatment or examination.
2, Duly executed, acknowledged, and HIPAA-compliant written authorizations
directed to EMS, any hospitals, clinics, physicians, mental health providers, psychiatrists,
chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers,
diagnostic testing facilities or other facilities in which plaintiff herein is or was treated or
examined by due to the occurrence set forth in the Complaint so as to permit the securing of a
technicians'
copy of the entire record or records including x-rays, MRIs and reports maintained
by said facility.
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3. Duly executed, acknowledged, and HIPAA-compliant written authorizations to
allow Defendants to obtain the complete office medical records relating to Plaintiff of each
health care provider identified in (1) above.
4. Copies of all medical reports received from health care providers identified in (1)
and (3) above. 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-rays, MRIs, and
technicians'
reports which will be offered at trial.
5. Duly executed, acknowledged, and HIPAA-compliant written authorizations to
allow Defendants to obtain the complete pharmacy or drug store records with respect to any
drugs prescribed for Plaintiff from one year prior to the occurrence described in the Complaint to
the present date.
PLEASE TAKE FURTHER NOTICE that failure to comply with this notice by providing
such authorizations and certificates within twenty (20) days after service of a copy of the within
notice will serve as a basis for a motion to preclude Plaintiff upon the trial of this action from
offering proof relative to medical damages.
PLEASE TAKE FURTHER NOTICE that this is a continuing demand and should any of
the information requested become available or known in the future, then you are required to
furnish same at such time.
Dated: New York, New York
September 30, 2020
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NEWMAN LAW ASSOCIATES PLLC
By:
Jaso Warsha(Esq.
orneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUBIN ASSOCIATES, LLP
Attomeys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, FlOOr
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, PlOOr
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------- ------------------¬--------X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- NOTICE FOR DISCOVERY &
INSPECTION OF DIAGNOSTIC
THE CITY OF NEW YORK, BELMONT RE, LLC TESTS
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
------------------------------------------------- X
PLEASE TAKE NOTICE that Plaintiff, LUIS ALBERTO HERRERA, is required to
serve upon the undersigned, the following discovery within twenty (20) days of the service of
this demand:
1. The name and address of each radiologist who took or ordered any CAT scans,
MRIs, sonograms, x-rays and/or any other test which produces a film of Plaintiff for any injury
and/or medical condition at issue in this lawsuit;
2. Copies of all CAT scans, MRIs, sonograms, x-rays and/or other test which
produces a film of Plaintiff in the possession or control of Plaintiff pertaining to the condition
and/or injuries complained of in this lawsuit;
3. All reports pertaining to CAT scans, MRIs, sonograms, x-rays and/or any other
test which produces a film taken of Plaintiff pertaining to the claims or injuries alleged in this
lawsuit;
4. All CAT scans, MRIs, x-rays and/or other films produced must be dated; and
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5. Duly executed, properly addressed, original HIPAA-compliant authorizations to
allow Defendant to obtain the complete records of each radiologist, technician, and/or entity
identified in items 1, 2, and 3 above.
PLEASE TAKE FURTHER NOTICE that this demand shall be deemed to continue
during the pendency of this litigation. Furthermore, in the event of Plaintiffs failure to timely
comply with this demand, a motion will be made either to dismiss this action and/or to preclude
Plaintiff at the trial of this action from testifying to or offering any evidence pertaining to the
items demanded herein.
Dated: New York, New York
September 30, 2020
NEWMAN LAW CIATES PLLC
By:
Jas . Warshaw, Esq.
ttorneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUB1N ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, FlOOr
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, FlOOr
New York, New York 10041
2
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CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
-against- DEMAND FOR
PRIOR/SUBSEQUENT LAWSUITS
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
------------------------------- X
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, Plaintiff, LUIS
ALBERTO HERRERA, is hereby required to produce for discovery and inspection at the offices
of NEWMAN LAW ASSOCIATES PLLC, 111 John Street, Suite 1500, New York, New York
10038, within twenty (20) days from the date when this discovery notice is served on you, the
following:
1. A written statement indicating any and all prior and/or subsequent claims/lawsuits
in which Plaintiff was a party, either as claimant, plaintiff, or defendant;
2. A written statement indicating the venue, full case caption, index number, and
date of loss of any lawsuit identified in response to demand #1 above;
3. A written statement indicating the filing dates of any lawsuit identified in
response to demand #1 above;
4. A written statement indicating all parties of any claims/lawsuits identified in
response to demand #1 and their insurance carrier and attorney;
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5. all prior and subsequent no-fault submitted Plaintiff for
Identify claim(s) by
personal injuries, including date(s) of loss, no-fault carrier(s), claim number(s) and whether same
are pending or closed;
6. Duly executed and acknowledged written authorizations directed to any and all
attorneys who represented Plaintiff for any and all claims identified in response to #1 and #5 so
as to permit Defendant to secure a copy of all medical records, written and document discovery,
and all deposition transcripts for any and all claims identified in response to #1 and #5 above;
and
7. Duly executed and acknowledged written authorizations directed to any and all
medical providers who have consulted, examined or treated Plaintiff for any and all injuries
sustained in any and all claims/lawsuits identified in response to #1 and #5 above so as to permit
Defendant to secure a copy of the complete medical records from those health care providers.
Dated: New York, New York
September 30, 2020
NEWMAN LAW A IATES PLLC
J n D. Warshaw, Esq.
Attorneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
2
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TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, FlOOr
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, FlOOr
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------- ------¬--------------------X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
DEMAND FOR COLLATERAL
-against- SOURCE INFORMATION
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
----------- ------ ----- X
PLEASE TAKE NOTICE that Defendmé hereby demand that, in accordance with the
provisions of CPLR Section 4545, Plaintiff, LUIS ALBERTO HERRRERA, serve upon the
undersigned counsel, within twenty (20) days after receipt hereof, copies of any and all contracts,
policies, agreements, documents, or other papers relating to any collateral source pursuant to
which Plaintiff is entitled to recover for the cost of any medical care, custodial care, or
rehabilitation services, loss of earnings, or other economic loss, including, but not limited to,
workers'
insurance, social security benefits, compensation, and employee benefits, together with
the total amount of each such benefit paid to date.
PLEASE TAKE FURTHER NOTICE that the undersigned demands that duly
executed authorizations permitting the undersigned to obtain copies of any records for any such
collateral source payments to or on behalf of Plaintiff be provided to the undersigned.
PLEASE TAKE FURTHER NOTICE that these demands shall be deemed to continue
during the pêñdêñcy of this action, including the trial thereof.
Dated: New York, New York
September 30, 2020
1
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NEWMAN LAW ASSOCIATES PLLC
By:
Ja/ . Warshaw, Ésq.
ttorneys for Defendant
BELMONT RE. LLC
111 John Street, Suite 1500
New York, New York 10038
(212) 945-1010
TO:
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff
LUIS ALBERTO HERRERA
23rd
150 Broadway, Floor
New York, New York 10038
EUSTACE, PREZIOSO & YAPCHANYK
Attorneys for Defendant
SUTTER AVENUE REALTY CO. LLC
28th
55 Water Street, PlOOr
New York, New York 10041
CORPORATION COUNSEL
Attorneys for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-- ¬--- X
LUIS ALBERTO HERRERA, Index No.: 512147/2020
Plaintiff,
DEMAND FOR DISABILITY
-against- RECORDS
THE CITY OF NEW YORK, BELMONT RE, LLC
and SUTTER AVENUE REALTY CO. LLC,
Defendants.
------- X
PLEASE TAKE NOTICE that Plaintiff, LUIS ALBERTO HERRERA, is hereby
required to furnish to the undersigned, within thirty (30) days from the date of this demand, the
following:
1. Ifa disability claim has been, or will be made by Plaintiff pursuant
to the terms of the Social Security laws, with respect to each and every application and/or claim:
a. Set forth the claim office, address, and the claim number assigned;
b. Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain copies of all records pertaining
to Plaintiff.
PLEASE TAKE FURTHER NOTICE that this d emand shall be deemed
Preview
FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -- ----------------------- X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- NOTICE FOR DISCOVERY & THE CITY OF NEW YORK, BELMONT RE, LLC INSPECTION and SUTTER AVENUE REALTY CO. LLC, Defendants. --------------- X PLEASE TAKE NOTICE that pursuant to the provisions of Article 31 of the CPLR, demand is hereby made that PLAINTIFF, LUIS ALBERTO HERRERA, produce for discovery and inspection at the offices of NEWMAN LAW ASSOCIATES, 11I John Street, Suite 1500, New York, New York 10038 within twenty (20) days of receipt of this notice: 1. All photographs depicting the scene of the occurrence alleged in this action ("the incident"), including but not limited to those which represent the condition(s) of the area where Plaintiff was allegedly injured existing at the time of, immediately prior thereto, or shortly thereafter the alleged incident; 2. All photographs depicting Plaintiffs injuries and conditions suffered as a result of the alleged incident; 3. A copy of all statements given by any and allparties to any party, any insurance company, or any other individual or entity concerning the alleged incident; 4. All police reports, accident reports, incident reports, ambulance call reports, and/or other reports and/or records concerning the incident; 1 1 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 5. A copy of all documents including any claim forms or written statements submitted by any and all parties to an insurance carrier in connection with the incident; 6. The full names and addresses (including street number, city or town, and state) of any person(s) who was in the proximity of Plaintiff, LUIS ALBERTO HERRERA, at the time of his alleged incident; 7. Copies of documents and materials obtained Plaintiff's counsel pre- by during action discovery; 8. Copies of any and all pleadings and documents exchanged by any and all parties; 9. Any and allproof of written notice of the alleged defective condition; 10. The names and addresses of all physicians, mental health specialists, psychiatrists, chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers or diagnostic testing facilities of every description who have consulted with, examined, or treated Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Complaint including the date of such treatment or examination; 11. Duly-executed and acknowledged written authorizations directed to EMS, any hospitals, clinics, physicians, psychiatrists, chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers, diagnostic testing facilities or other facilities in which Plaintiff was treated or examined due to the occurrence set forth in the Complaint so as to permit technicians' the securing of a copy of the entire record or records including x-rays and reports maintained by said facility; 12. Duly-executed and acknowledged written authorizations to obtain the complete pharmacy or drug store records with respect to any drugs prescribed for Plaintiff from one year prior to the occurrence described in the Complaint to the present date; 2 2 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 13. Each and every bill, statement of account or itemized charge received by Plaintiff or anyone on her behalf pertaining to the special damages claimed in this lawsuit; and 14. Duly-executed and acknowledged written authorizations to obtain the Medicaid and/or Medicare records of Plaintiff, if applicable. Dated: New York, New York September 30, 2020 NEWMAN LAW ASSOCIATES PLLC By: Jas . Warsh w, sq. orneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23"1 150 Broadway, Floor New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28* 55 Water Street, Floor New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 3 3 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- DEMAND FOR TAX DOCUMENTS THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. ----------------------X PLEASE TAKE NOTICE, that Defendant, BELMONT RE. LLC, by its attorneys, NEWMAN LAW ASSOCIATES PLLC, hereby demands, pursuant to C.P.L.R. §3120, that Plaintiff provide to said attorneys at 111 John Street, Suite 1500, New York, New York 10038, within thirty (30) days after the date of service hereof, the following: 1. True and accurate copies of documentation reflecting income earned by Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the Complaint, including, but not limited to, W-2 forms, 1099 forms and any other indicia of income earned; 2. True and accurate copies of Federal, State and City income tax returns for Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the Complaint, and; 3. Duly executed and acknowledged written authorizations and two forms of identification required to permit Defendant to obtain Internal Revenue Service records, documents and returns relative to Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the date of the occurrence alleged in the Complaint. 4 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 PLEASE TAKE FURTHER NOTICE that your failure to comply with the foregoing demand will serve as the basis of a Motion seeking, in whole or in part, an order precluding the plaintiff from introducing into evidence and for otherwise using the above demanded items for any purpose whatsoever upon the trial of this action. Dated: New York, New York September 30, 2020 NEWMAN LAW OCIATES P C n D. Wars a , Esq. Attorneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, PlOOr New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, FlOOr New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 5 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------- ---------------- X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- DEMAND FOR EXPERT DISCLOSURE THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. -------------------------- -----------------X PLEASE TAKE NOTICE, that all parties are required to provide the following expert disclosure to the undersigned within twenty (20) days: 1. Pursuant to C.P.L.R. §3101(d), you are hereby requested to disclose information and/or documentation pertaining to trialexperts, which are to set forth the following: a. Name and address of each witness you expect to call as an expert at trial; b. The subject matter on which the expert is expected to testify; c. The substance of the facts and opinion on which the expert is expected to testify; d. The qualifications of the expert; e. A summary of the grounds for the expert's opinion. PLEASE TAKE FURTHER NOTICE, that this demand is deemed to continue during the pendency of this action as to information subsequently learned or developed. PLEASE TAKE FURTHER NOTICE, that failure to comply with this discovery deinand will serve as a basis for a motion seeking, in whole or in part, an order precluding such party from introducing evidence, and for otherwise using the above demanded items for any purpose whatsoever in the instant litigation. Dated: New York, New York September 30, 2020 6 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 NEWMAN LAW ASSOCIATES PL . Warshaw, Esq. Attorneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, FlOOr New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28* 55 Water Street, Floor New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 7 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, DEMAND FOR MEDICAL -against- INFORMATION THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. X PLEASE TAKE NOTICE that Defendant hereby demand that pursuant to Article 31 of the CPLR, Plaintiff, LUIS ALBERT HERRERA, serve upon the undersigned, within twenty (20) days after receipt of this notice the following: 1. The names and addresses of all physicians, mental health providers, psychiatrists, chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers or diagnostic testing facilities of every description who have consulted with, examined, or treated Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the occurrence described in the Complaint including the date of such treatment or examination. 2, Duly executed, acknowledged, and HIPAA-compliant written authorizations directed to EMS, any hospitals, clinics, physicians, mental health providers, psychiatrists, chiropractors, physical therapists, radiologists, plastic surgeons, and other health care providers, diagnostic testing facilities or other facilities in which plaintiff herein is or was treated or examined by due to the occurrence set forth in the Complaint so as to permit the securing of a technicians' copy of the entire record or records including x-rays, MRIs and reports maintained by said facility. 1 8 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 3. Duly executed, acknowledged, and HIPAA-compliant written authorizations to allow Defendants to obtain the complete office medical records relating to Plaintiff of each health care provider identified in (1) above. 4. Copies of all medical reports received from health care providers identified in (1) and (3) above. 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-rays, MRIs, and technicians' reports which will be offered at trial. 5. Duly executed, acknowledged, and HIPAA-compliant written authorizations to allow Defendants to obtain the complete pharmacy or drug store records with respect to any drugs prescribed for Plaintiff from one year prior to the occurrence described in the Complaint to the present date. PLEASE TAKE FURTHER NOTICE that failure to comply with this notice by providing such authorizations and certificates within twenty (20) days after service of a copy of the within notice will serve as a basis for a motion to preclude Plaintiff upon the trial of this action from offering proof relative to medical damages. PLEASE TAKE FURTHER NOTICE that this is a continuing demand and should any of the information requested become available or known in the future, then you are required to furnish same at such time. Dated: New York, New York September 30, 2020 2 9 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 NEWMAN LAW ASSOCIATES PLLC By: Jaso Warsha(Esq. orneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUBIN ASSOCIATES, LLP Attomeys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, FlOOr New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, PlOOr New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 3 10 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------- ------------------¬--------X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- NOTICE FOR DISCOVERY & INSPECTION OF DIAGNOSTIC THE CITY OF NEW YORK, BELMONT RE, LLC TESTS and SUTTER AVENUE REALTY CO. LLC, Defendants. ------------------------------------------------- X PLEASE TAKE NOTICE that Plaintiff, LUIS ALBERTO HERRERA, is required to serve upon the undersigned, the following discovery within twenty (20) days of the service of this demand: 1. The name and address of each radiologist who took or ordered any CAT scans, MRIs, sonograms, x-rays and/or any other test which produces a film of Plaintiff for any injury and/or medical condition at issue in this lawsuit; 2. Copies of all CAT scans, MRIs, sonograms, x-rays and/or other test which produces a film of Plaintiff in the possession or control of Plaintiff pertaining to the condition and/or injuries complained of in this lawsuit; 3. All reports pertaining to CAT scans, MRIs, sonograms, x-rays and/or any other test which produces a film taken of Plaintiff pertaining to the claims or injuries alleged in this lawsuit; 4. All CAT scans, MRIs, x-rays and/or other films produced must be dated; and 1 11 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 5. Duly executed, properly addressed, original HIPAA-compliant authorizations to allow Defendant to obtain the complete records of each radiologist, technician, and/or entity identified in items 1, 2, and 3 above. PLEASE TAKE FURTHER NOTICE that this demand shall be deemed to continue during the pendency of this litigation. Furthermore, in the event of Plaintiffs failure to timely comply with this demand, a motion will be made either to dismiss this action and/or to preclude Plaintiff at the trial of this action from testifying to or offering any evidence pertaining to the items demanded herein. Dated: New York, New York September 30, 2020 NEWMAN LAW CIATES PLLC By: Jas . Warshaw, Esq. ttorneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUB1N ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, FlOOr New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, FlOOr New York, New York 10041 2 12 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 3 13 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, -against- DEMAND FOR PRIOR/SUBSEQUENT LAWSUITS THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. ------------------------------- X PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, Plaintiff, LUIS ALBERTO HERRERA, is hereby required to produce for discovery and inspection at the offices of NEWMAN LAW ASSOCIATES PLLC, 111 John Street, Suite 1500, New York, New York 10038, within twenty (20) days from the date when this discovery notice is served on you, the following: 1. A written statement indicating any and all prior and/or subsequent claims/lawsuits in which Plaintiff was a party, either as claimant, plaintiff, or defendant; 2. A written statement indicating the venue, full case caption, index number, and date of loss of any lawsuit identified in response to demand #1 above; 3. A written statement indicating the filing dates of any lawsuit identified in response to demand #1 above; 4. A written statement indicating all parties of any claims/lawsuits identified in response to demand #1 and their insurance carrier and attorney; 1 14 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 5. all prior and subsequent no-fault submitted Plaintiff for Identify claim(s) by personal injuries, including date(s) of loss, no-fault carrier(s), claim number(s) and whether same are pending or closed; 6. Duly executed and acknowledged written authorizations directed to any and all attorneys who represented Plaintiff for any and all claims identified in response to #1 and #5 so as to permit Defendant to secure a copy of all medical records, written and document discovery, and all deposition transcripts for any and all claims identified in response to #1 and #5 above; and 7. Duly executed and acknowledged written authorizations directed to any and all medical providers who have consulted, examined or treated Plaintiff for any and all injuries sustained in any and all claims/lawsuits identified in response to #1 and #5 above so as to permit Defendant to secure a copy of the complete medical records from those health care providers. Dated: New York, New York September 30, 2020 NEWMAN LAW A IATES PLLC J n D. Warshaw, Esq. Attorneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 2 15 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, FlOOr New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, FlOOr New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 3 16 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------- ------¬--------------------X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, DEMAND FOR COLLATERAL -against- SOURCE INFORMATION THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. ----------- ------ ----- X PLEASE TAKE NOTICE that Defendmé hereby demand that, in accordance with the provisions of CPLR Section 4545, Plaintiff, LUIS ALBERTO HERRRERA, serve upon the undersigned counsel, within twenty (20) days after receipt hereof, copies of any and all contracts, policies, agreements, documents, or other papers relating to any collateral source pursuant to which Plaintiff is entitled to recover for the cost of any medical care, custodial care, or rehabilitation services, loss of earnings, or other economic loss, including, but not limited to, workers' insurance, social security benefits, compensation, and employee benefits, together with the total amount of each such benefit paid to date. PLEASE TAKE FURTHER NOTICE that the undersigned demands that duly executed authorizations permitting the undersigned to obtain copies of any records for any such collateral source payments to or on behalf of Plaintiff be provided to the undersigned. PLEASE TAKE FURTHER NOTICE that these demands shall be deemed to continue during the pêñdêñcy of this action, including the trial thereof. Dated: New York, New York September 30, 2020 1 17 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 NEWMAN LAW ASSOCIATES PLLC By: Ja/ . Warshaw, Ésq. ttorneys for Defendant BELMONT RE. LLC 111 John Street, Suite 1500 New York, New York 10038 (212) 945-1010 TO: SUBIN ASSOCIATES, LLP Attorneys for Plaintiff LUIS ALBERTO HERRERA 23rd 150 Broadway, Floor New York, New York 10038 EUSTACE, PREZIOSO & YAPCHANYK Attorneys for Defendant SUTTER AVENUE REALTY CO. LLC 28th 55 Water Street, PlOOr New York, New York 10041 CORPORATION COUNSEL Attorneys for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 2 18 of 26 FILED: KINGS COUNTY CLERK 09/30/2020 07:10 PM INDEX NO. 512147/2020 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 09/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -- ¬--- X LUIS ALBERTO HERRERA, Index No.: 512147/2020 Plaintiff, DEMAND FOR DISABILITY -against- RECORDS THE CITY OF NEW YORK, BELMONT RE, LLC and SUTTER AVENUE REALTY CO. LLC, Defendants. ------- X PLEASE TAKE NOTICE that Plaintiff, LUIS ALBERTO HERRERA, is hereby required to furnish to the undersigned, within thirty (30) days from the date of this demand, the following: 1. Ifa disability claim has been, or will be made by Plaintiff pursuant to the terms of the Social Security laws, with respect to each and every application and/or claim: a. Set forth the claim office, address, and the claim number assigned; b. Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain copies of all records pertaining to Plaintiff. PLEASE TAKE FURTHER NOTICE that this d emand shall be deemed