Preview
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------------
X
KEESHA WOODS, :
Plaintiff, : Index No. 152064/2020
:
-against- : CERTIFICATION
:
MUSLEH-FOREST REALTY, LLC, MEKKAH :
MEDITERANEAN MARKET and DOLLAR :
GENERAL STORE, :
:
Defendants.
----------------------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to 22 NYCRR §130-1.1, the undersigned, an
attorney duly admitted to practice law in the Courts of the State of New York, hereby certifies,
upon information and belief, that the contentions contained in the annexed documents are not
frivolous.
Verified Answer
Demand for Verified Bill of Particulars
Notice for Discovery and Inspection
Demand for Medical Bills/Billing Record Authorizations
Demand for Social Media/Networking Authorizations and Notice to Preserve
Demand for Mobile Device Records/Authorizations and Notice to Preserve
Demand for E-Discovery/Litigation Hold and Notice to Preserve
Demand Pursuant to CPLR 3017(c)
Notice of Deposition
Notice for Independent Medical Examination
Notice of Revocation of Service by Fax
Dated: New York, New York
February 1, 2021
1 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
Yours, etc.
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
MUSLEH-FOREST REALTY, LLC,
One Whitehall Street, 13th Floor
New York, NY 10004-2109
(212) 248-9100
LF Matter No.: 20-019377
By:
__________________________
Kerrie Barry, Esq.
To: SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
150 Broadway – 23rd Fl
New York, NY 10038
(212)285-3800
File No: 32137
MEKKAH MEDITERANEAN MARKET
2256 Forest Avenue
Staten Island, New York 10303
DOLLAR GENERAL STORE
2264 Forest Avenue
Staten Island, New York 10303
2 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------------
X
KEESHA WOODS, :
Plaintiff, : Index No. 152064/2020
:
-against- : VERIFIED ANSWER
:
MUSLEH-FOREST REALTY, LLC, MEKKAH :
MEDITERANEAN MARKET and DOLLAR :
GENERAL STORE, :
:
Defendants.
----------------------------------------------------------------------X
Defendant, MUSLEH-FOREST REALTY, LLC, by and through their attorneys, LAW
OFFICE OF KEVIN J. PHILBIN, as and for their Answer to the Complaint, dated November 2,
2020, alleges the following, upon information and belief:
1. Denies knowledge or information sufficient to form a belief as to the truth or
accuracy of the allegations contained in the paragraphs designated “1”, “2”, “9”, “10”, “11”,
“12”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, and “22” of the Complaint.
2. Denies knowledge or information sufficient to form a belief as to the truth or
accuracy of the allegations contained in the paragraphs designated “3” of the Complaint and
refers all questions of law to the Court for determination at time of trial.
3. Denies each and every allegation contained in the paragraphs designated “4” of
the Complaint except admits the Defendant, MUSLEH-FOREST REALTY, LLC, was the owner
of the premises located at 2256/2264 Forest Ave., Staten Island, New York at the time of the
incident.
4. Denies each and every allegation contained in paragraphs designated as “5”, “6”,
“7”, “8”, and “23” of the Complaint and refers all questions of law to the Court for determination
at time of trial.
3 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
5. Denies each and every allegation contained in the paragraphs designated “24”,
“25”, “26”, and “27” of the Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
6. That all the dangers and risks incident to the situation referred to in Plaintiff’s
Complaint were open, obvious and apparent, and were known and assumed by Plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
7. Upon information and belief, any past or future costs or expenses incurred or to
be incurred by the Plaintiff for medical care, dental care, custodial care or rehabilitative services,
loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or
indemnified in whole or in part from a collateral source as defined in Section 4545(c) of the New
York Civil Practice Law and Rules.
If any damages are recoverable against the answering Defendant the amount of such
damages shall be diminished by the amount of the funds which Plaintiff has or shall receive from
such collateral sources.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
8. That any injuries and damages sustained by the Plaintiff were caused solely and
wholly by reason of the Plaintiff’s carelessness and negligence, or by the carelessness and
negligence of some third person or persons not under the control of the Defendant, in that the
Plaintiff did not take the usual, necessary and proper precautions for his own safety, and Plaintiff
was otherwise negligent and careless in the premises.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
9. The Complaint fails to state a cause of action upon which relief can be granted as
to this party.
4 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
10. That any sums or considerations paid or promised to Plaintiff by any person(s) or
corporation(s) claimed to be liable for the injuries or damages alleged in the Third-Party
Complaint shall reduce any judgment rendered in favor of Third-Party Plaintiff as against the
answering Defendant/Third-Party Defendant to the extent of the greater of either the sums or
consideration paid or promised to Plaintiff or the amount of the released tortfeasor’s equitable
share of the damages in accordance with the General Obligations Law Section 15-108.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
11. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce
the injuries, damages and disabilities alleged in the complaint.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
12. MUSLEH-FOREST REALTY, LLC did not owe a duty to the Plaintiff.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
13. Answering Defendant reserves the right to assert any additional affirmative
defenses it may have which cannot now be articulated due to Plaintiff’s failure to particularize its
claims, and because the Verified Complaint is vague and uncertain, or due to Plaintiff’s failure to
provide more specific information concerning the nature of the claims. Upon further
particularization of the claims by Plaintiff, or upon discovery or further information concerning
the instant claims, Answer Defendant reserves their right to assert additional defenses.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
14. Plaintiff’s own conduct was the sole proximate cause of his injuries.
5 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
AS AND FOR A FIRST CROSS CLAIMS AGAINST DEFENDANTS MEKKAH
MEDITERANEAN MARKET and DOLLAR GENERAL STORE,
DEFENDANT MUSLEH-FOREST REALTY, LLC ALLEGES AS FOLLOWS:
15. That if Plaintiff sustained the injuries and damages alleged in the Complaint, and
if the injuries and damages were not sustained by said Plaintiff’ own negligence and culpability,
then said injuries and/or damages were sustained by reason of the carelessness, recklessness,
negligence, culpability and/or acts of omission and/or commission by MEKKAH
MEDITERANEAN MARKET and DOLLAR GENERAL STORE, their agents, servants and/or
employees, and without any negligence or fault on the part of MUSLEH-FOREST REALTY,
LLC contributing thereto.
16. That if the Plaintiff obtains a judgment against MUSLEH-FOREST REALTY,
LLC then MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, will
become obligated to either indemnify MUSLEH-FOREST REALTY, LLC for the full amount of
judgment or to contribute to the payment of such judgment in a proportion to be determined upon
the trial of this action.
AS AND FOR A SECOND CROSS CLAIMS AGAINST DEFENDANTS MEKKAH
MEDITERANEAN MARKET and DOLLAR GENERAL STORE,
DEFENDANT MUSLEH-FOREST REALTY, LLC ALLEGES AS FOLLOWS:
17. That under the terms, conditions and provisions of said contracts, Defendant
MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, were obligated to
indemnify and save MUSLEH-FOREST REALTY, LLC harmless from all liability and loss
because of injury, including death, to any person, or damage to any property that my occur or
may be alleged to have occurred as a result, directly or indirectly, of their respective fault or
negligence and to defend all suits and claims alleging such injury or damage and to pay all
charges of attorneys, court costs, and all other costs and expenses in connection therewith.
6 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
18. That if MUSLEH-FOREST REALTY, LLC are held liable for the damage
allegedly sustained by the Plaintiff herein, such liability will have been brought about by and
caused in whole or in part as a result of the carelessness, recklessness, negligence and/or breach
of contract of the Defendant MEKKAH MEDITERANEAN MARKET and DOLLAR
GENERAL STORE, their respective agents, servants and/or employees without any fault or
negligence of the part of Defendants MUSLEH-FOREST REALTY, LLC contributing thereto.
19. That by reason of the foregoing, MEKKAH MEDITERANEAN MARKET and
DOLLAR GENERAL STORE, are liable to Defendants MUSLEH-FOREST REALTY, LLC in
whole or in part for the claim made against it by the Plaintiff in this action.
AS AND FOR A THIRD CROSS CLAIMS AGAINST DEFENDANTS MEKKAH
MEDITERANEAN MARKET and DOLLAR GENERAL STORE,
DEFENDANT MUSLEH-FOREST REALTY, LLC LLCALLEGES AS FOLLOWS:
20. That by reason of the above, MUSLEH-FOREST REALTY, LLC have been
forced to expend attorneys’ fees and other costs in connection with the defense of this action.
21. That MUSLEH-FOREST REALTY, LLC are entitled to recover said attorneys’
fees and all other costs incurred in the defense of this action from the Defendant.
AS AND FOR A FOURTH CROSS CLAIMS AGAINST DEFENDANTS MEKKAH
MEDITERANEAN MARKET and DOLLAR GENERAL STORE,
DEFENDANT MUSLEH-FOREST REALTY, LLC ALLEGES AS FOLLOWS:
22. That, upon information and belief, pursuant to the above contract(s) entered into
by MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, was obligated
to purchase insurance for the protection of MUSLEH-FOREST REALTY, LLC
23. That upon information and belief, MEKKAH MEDITERANEAN MARKET and
DOLLAR GENERAL STORE, failed to purchase such insurance for the protection of
MUSLEH-FOREST REALTY, LLC pursuant to the obligations under their contract(s).
7 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
24. As a result of Defendants’ breach of contract in failing to purchase insurance for
the protection of MUSLEH-FOREST REALTY, LLC, MUSLEH-FOREST REALTY, LLC have
been and will continue to be damaged as a result of the claim of Plaintiff, in that it will be
required to expend attorney’s fees and other expenses for its own defense in the within action
and will or may be subject to liability to Plaintiff all of which costs and expense would have been
defrayed and covered by liability insurance that was obligated to purchase.
25. That as a result of MEKKAH MEDITERANEAN MARKET and DOLLAR
GENERAL STORE, breach of contractual obligations regarding the purchase of insurance,
MUSLEH-FOREST REALTY, LLC are entitled to be reimbursed for the amount of any
judgment or damages they are obligated to pay Plaintiff including the cost of a settlement, if any,
and in addition thereto, are entitled to be reimbursed for the cost of attorneys’ fees and defense
costs associated with defense of A & J PROPERTIES LLC
26. That by reason of this action, said answering Defendant, MUSLEH-FOREST
REALTY, LLC have been and shall be put to costs and expenses including attorney fees.
WHEREFORE, Defendant, MUSLEH-FOREST REALTY, LLC demand judgment
dismissing the verified complaint together; and further demand judgment over and against the
Defendants, MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, on
the cross-complaints with reasonable costs and disbursements of this action including reasonable
attorneys’ fees and for such other and further relief as this Court seems just and proper.
8 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
Dated: New York, New York
February 1, 2021
Yours, etc.
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
MUSLEH-FOREST REALTY, LLC,
One Whitehall Street, 13th Floor
New York, NY 10004-2109
(212) 248-9100
LF Matter No.: 20-019377
By:
__________________________
Kerrie Barry, Esq.
To: SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
150 Broadway – 23rd Fl
New York, NY 10038
(212)285-3800
File No: 32137
MEKKAH MEDITERANEAN MARKET
2256 Forest Avenue
Staten Island, New York 10303
DOLLAR GENERAL STORE
2264 Forest Avenue
Staten Island, New York 10303
9 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
ATTORNEY’S VERIFICATION
KERRIE BARRY, under penalty of perjury, hereby affirms the following:
1. I am an attorney duly admitted and licensed to practice law in the courts of the State
of New York, and I am associated with the LAW OFFICE OF KEVIN J. PHILBIN, attorneys for
Defendant, MUSLEH-FOREST REALTY, LLC,
2. I have read the foregoing Answer and know the contents thereof, and the same is
true to my own knowledge except as to the matters therein stated to be alleged upon information
and belief, and as to those matters, I believe them to be true.
3. The reason I make this verification is that Defendant, MUSLEH-FOREST
REALTY, LLC, is a natural person who does not reside within the county where I have my office.
4. The sources of my information and the grounds of my belief as to the matters so
alleged herein are investigations had by Defendant, MUSLEH-FOREST REALTY, LLC, their
agents, servants and representatives, into the subject matter hereof and correspondence relating
thereto, reports of which investigations and copies of which correspondence are in my possession.
Dated: New York, New York
February 1, 2021
KERRIE BARRY, ESQ
10 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------------
X
KEESHA WOODS, :
Plaintiff, : Index No. 152064/2020
:
-against- :
: DEMAND FOR
MUSLEH-FOREST REALTY, LLC, MEKKAH : VERIFIED BILL
MEDITERANEAN MARKET and DOLLAR : OF PARTICULARS
GENERAL STORE, :
:
Defendants.
----------------------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR 3042, Plaintiff, KEESHA WOODS, is
to serve upon the undersigned, within thirty (30) days, a Verified Bill of Particulars, setting forth in
detail the following:
1. The date, day of the week and approximate hour on said date when it is claimed the
alleged incident occurred.
2. With respect to the location where it is alleged the occurrence took place, state:
(a) The place and location therein of said alleged occurrence, identifying such
location with sufficient description as to enable its ascertainment with
reasonable certainty;
(b) With regard to any stairway involved, specify the location of the stairway and
of the step from which Plaintiff claims to have fallen (street or ground floor to
be counted as the first floor);
(c) With regard to any sidewalk involved, the location of the condition of the
sidewalk, setting forth the distance from the nearest curb or intersecting street or
from the building line or from another described fixed object
(d) With regard to any other floor or other surface, the location thereof in sufficient
detail to permit ready identification and location and by distance from at least
three described fixed objects;
(e) The location within the premises of any involved equipment, party or
appurtenance (describe in adequate detail to permit ready identification and
location);
(f) With regard to any elevator involved the specific elevator involved (if there were
more than one) and on what floor (or between what floors) was the elevator at
the time of the occurrence.
11 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
3. Whether actual or constructive notice is claimed. If actual, to whom and when given.
If constructive, the length of time the alleged conditions complained of had existed
prior to the alleged occurrence herein.
4. A statement of the acts of omission and/or commission constituting the negligence
claimed against Defendant, MUSLEH-FOREST REALTY, LLC,
5. A statement of any statutes, ordinances, regulations or rules of the State,
Municipality, or any of its departments or subdivisions, which are claimed to have
been violated by Defendant, MUSLEH-FOREST REALTY, LLC, specifying the
chapter or chapters, section or sections of the particular statute, ordinance, regulation
or rule, and the manner in which it is alleged that Defendant violated each such
statute.
6. A statement of the injuries.
7. A description of those injuries claimed to be permanent.
8. The length of time, if any, Plaintiff was confined to a hospital.
9. The length of time, if any, Plaintiff was confined to bed.
10. The length of time, if any, Plaintiff was confined to home.
11. Total amounts, if any, Plaintiff will claim as special damages for: (a) physicians’
services; (b) hospital expenses; (c) loss of earnings; and (d) any other special
damages (please specify).
12. The nature of Plaintiff’s vocation at the time of the alleged occurrence herein.
13. The length of time, if any, it will be claimed Plaintiff was disabled from attending
said vocation.
14. The average daily, weekly, monthly or yearly earnings of Plaintiff at the time of the
alleged occurrence herein.
15. The name and address of Plaintiff’s employer at the time of the alleged occurrence
herein.
16. If Plaintiff was attending an educational institution at the time of the alleged
occurrence herein, state: (a) the name and address of each educational institution;
(b) the number of days, if any, it will be claimed Plaintiff was absent from said
educational institution(s) by reason of the alleged injuries sustained in the alleged
occurrence herein; and (c) the grade level attained by Plaintiff at the time of the
alleged occurrence herein.
12 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
17. Plaintiff’s present residence address.
18. Plaintiff’s current age.
PLEASE TAKE FURTHER NOTICE, that unless you comply with this demand within
thirty (30) days, a motion will be made to preclude you from presenting any evidence at the trial of
this action as to any of the items for which a bill of particulars has been demanded and has not been
complied with, together with costs.
Dated: New York, New York
February 1, 2021
Yours, etc.
LAW OFFICE OF KEVIN J. PHILBIN
Attorneys for Defendant
MUSLEH-FOREST REALTY, LLC,
One Whitehall Street, 13th Floor
New York, NY 10004-2109
(212) 248-9100
LF Matter No.: 20-019377
To: SUBIN ASSOCIATES LLP
Attorneys for Plaintiff
150 Broadway – 23rd Fl
New York, NY 10038
(212)285-3800
File No: 32137
MEKKAH MEDITERANEAN MARKET
2256 Forest Avenue
Staten Island, New York 10303
DOLLAR GENERAL STORE
2264 Forest Avenue
Staten Island, New York 10303
13 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
------------------------------------------------------------------------
X
KEESHA WOODS, :
Plaintiff, : Index No. 152064/2020
:
-against- : NOTICE FOR
: DISCOVERY
MUSLEH-FOREST REALTY, LLC, MEKKAH : AND INSPECTION
MEDITERANEAN MARKET and DOLLAR :
GENERAL STORE, :
:
Defendants.
----------------------------------------------------------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that pursuant to CPLR 3101, et seq., Plaintiff, KEESHA
WOODS, is to serve upon the undersigned, within thirty (30) days, the following:
1. The name, address and telephone number of each person claimed to be a witness to
any of the following:
a. The occurrence alleged in the Complaint;
b. Any act or condition which has been alleged as causing the occurrence
alleged in the Complaint;
c. Any actual notice given, or claimed to be given, to Defendant, MUSLEH-
FOREST REALTY, LLC,
d. The nature and duration of the condition that allegedly caused the occurrence
alleged in the Complaint; and
e. Any admission or declaration against interest made by any party to this
lawsuit and/or any employee, agent, servant, officer, director and/or
authorized representative of same.
2. True, accurate and complete copies of each statement made or taken from
Defendant, MUSLEH-FOREST REALTY, LLC, and/or any employee, agent, servant, officer,
director and/or authorized representative of same, if any such statement in any manner bears on any
of the issues in this action.
14 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
3. True, accurate and complete copies of each non-privileged written report of the
alleged occurrence herein prepared by or on behalf of Plaintiff.
4. True, accurate and complete copies of each photograph, film, video recording, cell
phone/mobile phone/smartphone recording and/or audio tape in Plaintiff’s possession, if any such
item in any manner bears on any of the issues in this action.
5. Demand is made for the following medical information:
a. The names and addresses of all physicians or other health care providers who
has treated, examined or consulted with Plaintiff for each of the conditions
allegedly caused by, or exacerbated by, the alleged occurrence herein,
including the dates of such treatment, examination or consultation;
b. Detailed narrative reports of all physicians and health care providers who
will testify at the trial of this action regarding his treatment, care or
consultation with Plaintiff (said reports must identify any other medical
documentation, including x-rays and technician reports, relied upon or
intended to be offered as evidence in Plaintiff’s behalf); and
c. Duly executed, original and HIPAA-compliant authorizations permitting the
undersigned to secure the Entire Medical Record, including patient histories,
office notes (except psychotherapy notes), test results, radiology studies,
films, referrals, consults, intraoperative films/photos/video/diagnostics,
insurance records and records sent by other health care providers, of:
i. All health care facilities in which Plaintiff were treated or confined
due to the alleged occurrence herein;
ii. All physicians or health care providers relating to treatment, care or
consultation with Plaintiff due to the alleged occurrence herein; and
iii. All health care facilities where Plaintiff were treated or confined, and
all physicians or health care providers who treated, examined or
consulted with Plaintiff prior to the alleged occurrence herein, for
any injury or condition claimed to have been aggravated or
exacerbated by the alleged occurrence herein, or for any prior injury
to or condition of those parts of the body claimed to have been
injured due to the alleged occurrence herein.
6. If lost earnings are being claimed because of the alleged occurrence herein, demand
is made for:
15 of 40
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021
a. The name and address of each employer of Plaintiff during the period for
which lost earnings are being claimed herein;
b. Duly executed, original and HIPAA-compliant authorizations permitting the
undersigned to obtain complete copies of Plaintiff’s employment files,
including wage, attendance, medical and disability records, from each entity
identified in response to the foregoing demand; and
c. True, accurate and complete copies of Plaintiff’s state and federal income
tax returns for the three-year period preceding the date of the occurrence
alleged in the Complaint. If said complete returns are not available, the
undersigned is to be furnished with full and complete authorizations to
obtain same.
7. Demand is made for the following, pursuant to CPLR 4545:
a. A statement as to whether any part of the cost of medical care, custodial
care, rehabilitation services, loss of earnings or other economic loss sought
to be recovered herein was replaced or indemnified, in whole or in part, from
any collateral source, such as insurance, Social Security (except those
benefits provided under Title 18 of the Social Security Act), Workers’
Compensation or employee benefit programs;
b. The full name and address of each organization or program providing such
replacement or indemnification;
c. An itemized statement of the amount in which such claimed item of
economic loss was replaced or indemnified by each such organization or
program; and
d. Duly executed, original and HIPAA-compliant authorizations perm
Preview
FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------ X KEESHA WOODS, : Plaintiff, : Index No. 152064/2020 : -against- : CERTIFICATION : MUSLEH-FOREST REALTY, LLC, MEKKAH : MEDITERANEAN MARKET and DOLLAR : GENERAL STORE, : : Defendants. ----------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney duly admitted to practice law in the Courts of the State of New York, hereby certifies, upon information and belief, that the contentions contained in the annexed documents are not frivolous. Verified Answer Demand for Verified Bill of Particulars Notice for Discovery and Inspection Demand for Medical Bills/Billing Record Authorizations Demand for Social Media/Networking Authorizations and Notice to Preserve Demand for Mobile Device Records/Authorizations and Notice to Preserve Demand for E-Discovery/Litigation Hold and Notice to Preserve Demand Pursuant to CPLR 3017(c) Notice of Deposition Notice for Independent Medical Examination Notice of Revocation of Service by Fax Dated: New York, New York February 1, 2021 1 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 Yours, etc. LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant MUSLEH-FOREST REALTY, LLC, One Whitehall Street, 13th Floor New York, NY 10004-2109 (212) 248-9100 LF Matter No.: 20-019377 By: __________________________ Kerrie Barry, Esq. To: SUBIN ASSOCIATES LLP Attorneys for Plaintiff 150 Broadway – 23rd Fl New York, NY 10038 (212)285-3800 File No: 32137 MEKKAH MEDITERANEAN MARKET 2256 Forest Avenue Staten Island, New York 10303 DOLLAR GENERAL STORE 2264 Forest Avenue Staten Island, New York 10303 2 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------ X KEESHA WOODS, : Plaintiff, : Index No. 152064/2020 : -against- : VERIFIED ANSWER : MUSLEH-FOREST REALTY, LLC, MEKKAH : MEDITERANEAN MARKET and DOLLAR : GENERAL STORE, : : Defendants. ----------------------------------------------------------------------X Defendant, MUSLEH-FOREST REALTY, LLC, by and through their attorneys, LAW OFFICE OF KEVIN J. PHILBIN, as and for their Answer to the Complaint, dated November 2, 2020, alleges the following, upon information and belief: 1. Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated “1”, “2”, “9”, “10”, “11”, “12”, “13”, “14”, “15”, “16”, “17”, “18”, “19”, “20”, “21”, and “22” of the Complaint. 2. Denies knowledge or information sufficient to form a belief as to the truth or accuracy of the allegations contained in the paragraphs designated “3” of the Complaint and refers all questions of law to the Court for determination at time of trial. 3. Denies each and every allegation contained in the paragraphs designated “4” of the Complaint except admits the Defendant, MUSLEH-FOREST REALTY, LLC, was the owner of the premises located at 2256/2264 Forest Ave., Staten Island, New York at the time of the incident. 4. Denies each and every allegation contained in paragraphs designated as “5”, “6”, “7”, “8”, and “23” of the Complaint and refers all questions of law to the Court for determination at time of trial. 3 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 5. Denies each and every allegation contained in the paragraphs designated “24”, “25”, “26”, and “27” of the Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 6. That all the dangers and risks incident to the situation referred to in Plaintiff’s Complaint were open, obvious and apparent, and were known and assumed by Plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 7. Upon information and belief, any past or future costs or expenses incurred or to be incurred by the Plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earnings or other economic loss, has been or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c) of the New York Civil Practice Law and Rules. If any damages are recoverable against the answering Defendant the amount of such damages shall be diminished by the amount of the funds which Plaintiff has or shall receive from such collateral sources. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 8. That any injuries and damages sustained by the Plaintiff were caused solely and wholly by reason of the Plaintiff’s carelessness and negligence, or by the carelessness and negligence of some third person or persons not under the control of the Defendant, in that the Plaintiff did not take the usual, necessary and proper precautions for his own safety, and Plaintiff was otherwise negligent and careless in the premises. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 9. The Complaint fails to state a cause of action upon which relief can be granted as to this party. 4 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 10. That any sums or considerations paid or promised to Plaintiff by any person(s) or corporation(s) claimed to be liable for the injuries or damages alleged in the Third-Party Complaint shall reduce any judgment rendered in favor of Third-Party Plaintiff as against the answering Defendant/Third-Party Defendant to the extent of the greater of either the sums or consideration paid or promised to Plaintiff or the amount of the released tortfeasor’s equitable share of the damages in accordance with the General Obligations Law Section 15-108. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 11. Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the complaint. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 12. MUSLEH-FOREST REALTY, LLC did not owe a duty to the Plaintiff. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 13. Answering Defendant reserves the right to assert any additional affirmative defenses it may have which cannot now be articulated due to Plaintiff’s failure to particularize its claims, and because the Verified Complaint is vague and uncertain, or due to Plaintiff’s failure to provide more specific information concerning the nature of the claims. Upon further particularization of the claims by Plaintiff, or upon discovery or further information concerning the instant claims, Answer Defendant reserves their right to assert additional defenses. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 14. Plaintiff’s own conduct was the sole proximate cause of his injuries. 5 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 AS AND FOR A FIRST CROSS CLAIMS AGAINST DEFENDANTS MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, DEFENDANT MUSLEH-FOREST REALTY, LLC ALLEGES AS FOLLOWS: 15. That if Plaintiff sustained the injuries and damages alleged in the Complaint, and if the injuries and damages were not sustained by said Plaintiff’ own negligence and culpability, then said injuries and/or damages were sustained by reason of the carelessness, recklessness, negligence, culpability and/or acts of omission and/or commission by MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, their agents, servants and/or employees, and without any negligence or fault on the part of MUSLEH-FOREST REALTY, LLC contributing thereto. 16. That if the Plaintiff obtains a judgment against MUSLEH-FOREST REALTY, LLC then MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, will become obligated to either indemnify MUSLEH-FOREST REALTY, LLC for the full amount of judgment or to contribute to the payment of such judgment in a proportion to be determined upon the trial of this action. AS AND FOR A SECOND CROSS CLAIMS AGAINST DEFENDANTS MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, DEFENDANT MUSLEH-FOREST REALTY, LLC ALLEGES AS FOLLOWS: 17. That under the terms, conditions and provisions of said contracts, Defendant MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, were obligated to indemnify and save MUSLEH-FOREST REALTY, LLC harmless from all liability and loss because of injury, including death, to any person, or damage to any property that my occur or may be alleged to have occurred as a result, directly or indirectly, of their respective fault or negligence and to defend all suits and claims alleging such injury or damage and to pay all charges of attorneys, court costs, and all other costs and expenses in connection therewith. 6 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 18. That if MUSLEH-FOREST REALTY, LLC are held liable for the damage allegedly sustained by the Plaintiff herein, such liability will have been brought about by and caused in whole or in part as a result of the carelessness, recklessness, negligence and/or breach of contract of the Defendant MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, their respective agents, servants and/or employees without any fault or negligence of the part of Defendants MUSLEH-FOREST REALTY, LLC contributing thereto. 19. That by reason of the foregoing, MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, are liable to Defendants MUSLEH-FOREST REALTY, LLC in whole or in part for the claim made against it by the Plaintiff in this action. AS AND FOR A THIRD CROSS CLAIMS AGAINST DEFENDANTS MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, DEFENDANT MUSLEH-FOREST REALTY, LLC LLCALLEGES AS FOLLOWS: 20. That by reason of the above, MUSLEH-FOREST REALTY, LLC have been forced to expend attorneys’ fees and other costs in connection with the defense of this action. 21. That MUSLEH-FOREST REALTY, LLC are entitled to recover said attorneys’ fees and all other costs incurred in the defense of this action from the Defendant. AS AND FOR A FOURTH CROSS CLAIMS AGAINST DEFENDANTS MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, DEFENDANT MUSLEH-FOREST REALTY, LLC ALLEGES AS FOLLOWS: 22. That, upon information and belief, pursuant to the above contract(s) entered into by MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, was obligated to purchase insurance for the protection of MUSLEH-FOREST REALTY, LLC 23. That upon information and belief, MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, failed to purchase such insurance for the protection of MUSLEH-FOREST REALTY, LLC pursuant to the obligations under their contract(s). 7 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 24. As a result of Defendants’ breach of contract in failing to purchase insurance for the protection of MUSLEH-FOREST REALTY, LLC, MUSLEH-FOREST REALTY, LLC have been and will continue to be damaged as a result of the claim of Plaintiff, in that it will be required to expend attorney’s fees and other expenses for its own defense in the within action and will or may be subject to liability to Plaintiff all of which costs and expense would have been defrayed and covered by liability insurance that was obligated to purchase. 25. That as a result of MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, breach of contractual obligations regarding the purchase of insurance, MUSLEH-FOREST REALTY, LLC are entitled to be reimbursed for the amount of any judgment or damages they are obligated to pay Plaintiff including the cost of a settlement, if any, and in addition thereto, are entitled to be reimbursed for the cost of attorneys’ fees and defense costs associated with defense of A & J PROPERTIES LLC 26. That by reason of this action, said answering Defendant, MUSLEH-FOREST REALTY, LLC have been and shall be put to costs and expenses including attorney fees. WHEREFORE, Defendant, MUSLEH-FOREST REALTY, LLC demand judgment dismissing the verified complaint together; and further demand judgment over and against the Defendants, MEKKAH MEDITERANEAN MARKET and DOLLAR GENERAL STORE, on the cross-complaints with reasonable costs and disbursements of this action including reasonable attorneys’ fees and for such other and further relief as this Court seems just and proper. 8 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 Dated: New York, New York February 1, 2021 Yours, etc. LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant MUSLEH-FOREST REALTY, LLC, One Whitehall Street, 13th Floor New York, NY 10004-2109 (212) 248-9100 LF Matter No.: 20-019377 By: __________________________ Kerrie Barry, Esq. To: SUBIN ASSOCIATES LLP Attorneys for Plaintiff 150 Broadway – 23rd Fl New York, NY 10038 (212)285-3800 File No: 32137 MEKKAH MEDITERANEAN MARKET 2256 Forest Avenue Staten Island, New York 10303 DOLLAR GENERAL STORE 2264 Forest Avenue Staten Island, New York 10303 9 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 ATTORNEY’S VERIFICATION KERRIE BARRY, under penalty of perjury, hereby affirms the following: 1. I am an attorney duly admitted and licensed to practice law in the courts of the State of New York, and I am associated with the LAW OFFICE OF KEVIN J. PHILBIN, attorneys for Defendant, MUSLEH-FOREST REALTY, LLC, 2. I have read the foregoing Answer and know the contents thereof, and the same is true to my own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters, I believe them to be true. 3. The reason I make this verification is that Defendant, MUSLEH-FOREST REALTY, LLC, is a natural person who does not reside within the county where I have my office. 4. The sources of my information and the grounds of my belief as to the matters so alleged herein are investigations had by Defendant, MUSLEH-FOREST REALTY, LLC, their agents, servants and representatives, into the subject matter hereof and correspondence relating thereto, reports of which investigations and copies of which correspondence are in my possession. Dated: New York, New York February 1, 2021 KERRIE BARRY, ESQ 10 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------ X KEESHA WOODS, : Plaintiff, : Index No. 152064/2020 : -against- : : DEMAND FOR MUSLEH-FOREST REALTY, LLC, MEKKAH : VERIFIED BILL MEDITERANEAN MARKET and DOLLAR : OF PARTICULARS GENERAL STORE, : : Defendants. ----------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR 3042, Plaintiff, KEESHA WOODS, is to serve upon the undersigned, within thirty (30) days, a Verified Bill of Particulars, setting forth in detail the following: 1. The date, day of the week and approximate hour on said date when it is claimed the alleged incident occurred. 2. With respect to the location where it is alleged the occurrence took place, state: (a) The place and location therein of said alleged occurrence, identifying such location with sufficient description as to enable its ascertainment with reasonable certainty; (b) With regard to any stairway involved, specify the location of the stairway and of the step from which Plaintiff claims to have fallen (street or ground floor to be counted as the first floor); (c) With regard to any sidewalk involved, the location of the condition of the sidewalk, setting forth the distance from the nearest curb or intersecting street or from the building line or from another described fixed object (d) With regard to any other floor or other surface, the location thereof in sufficient detail to permit ready identification and location and by distance from at least three described fixed objects; (e) The location within the premises of any involved equipment, party or appurtenance (describe in adequate detail to permit ready identification and location); (f) With regard to any elevator involved the specific elevator involved (if there were more than one) and on what floor (or between what floors) was the elevator at the time of the occurrence. 11 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 3. Whether actual or constructive notice is claimed. If actual, to whom and when given. If constructive, the length of time the alleged conditions complained of had existed prior to the alleged occurrence herein. 4. A statement of the acts of omission and/or commission constituting the negligence claimed against Defendant, MUSLEH-FOREST REALTY, LLC, 5. A statement of any statutes, ordinances, regulations or rules of the State, Municipality, or any of its departments or subdivisions, which are claimed to have been violated by Defendant, MUSLEH-FOREST REALTY, LLC, specifying the chapter or chapters, section or sections of the particular statute, ordinance, regulation or rule, and the manner in which it is alleged that Defendant violated each such statute. 6. A statement of the injuries. 7. A description of those injuries claimed to be permanent. 8. The length of time, if any, Plaintiff was confined to a hospital. 9. The length of time, if any, Plaintiff was confined to bed. 10. The length of time, if any, Plaintiff was confined to home. 11. Total amounts, if any, Plaintiff will claim as special damages for: (a) physicians’ services; (b) hospital expenses; (c) loss of earnings; and (d) any other special damages (please specify). 12. The nature of Plaintiff’s vocation at the time of the alleged occurrence herein. 13. The length of time, if any, it will be claimed Plaintiff was disabled from attending said vocation. 14. The average daily, weekly, monthly or yearly earnings of Plaintiff at the time of the alleged occurrence herein. 15. The name and address of Plaintiff’s employer at the time of the alleged occurrence herein. 16. If Plaintiff was attending an educational institution at the time of the alleged occurrence herein, state: (a) the name and address of each educational institution; (b) the number of days, if any, it will be claimed Plaintiff was absent from said educational institution(s) by reason of the alleged injuries sustained in the alleged occurrence herein; and (c) the grade level attained by Plaintiff at the time of the alleged occurrence herein. 12 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 17. Plaintiff’s present residence address. 18. Plaintiff’s current age. PLEASE TAKE FURTHER NOTICE, that unless you comply with this demand within thirty (30) days, a motion will be made to preclude you from presenting any evidence at the trial of this action as to any of the items for which a bill of particulars has been demanded and has not been complied with, together with costs. Dated: New York, New York February 1, 2021 Yours, etc. LAW OFFICE OF KEVIN J. PHILBIN Attorneys for Defendant MUSLEH-FOREST REALTY, LLC, One Whitehall Street, 13th Floor New York, NY 10004-2109 (212) 248-9100 LF Matter No.: 20-019377 To: SUBIN ASSOCIATES LLP Attorneys for Plaintiff 150 Broadway – 23rd Fl New York, NY 10038 (212)285-3800 File No: 32137 MEKKAH MEDITERANEAN MARKET 2256 Forest Avenue Staten Island, New York 10303 DOLLAR GENERAL STORE 2264 Forest Avenue Staten Island, New York 10303 13 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ------------------------------------------------------------------------ X KEESHA WOODS, : Plaintiff, : Index No. 152064/2020 : -against- : NOTICE FOR : DISCOVERY MUSLEH-FOREST REALTY, LLC, MEKKAH : AND INSPECTION MEDITERANEAN MARKET and DOLLAR : GENERAL STORE, : : Defendants. ----------------------------------------------------------------------X C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR 3101, et seq., Plaintiff, KEESHA WOODS, is to serve upon the undersigned, within thirty (30) days, the following: 1. The name, address and telephone number of each person claimed to be a witness to any of the following: a. The occurrence alleged in the Complaint; b. Any act or condition which has been alleged as causing the occurrence alleged in the Complaint; c. Any actual notice given, or claimed to be given, to Defendant, MUSLEH- FOREST REALTY, LLC, d. The nature and duration of the condition that allegedly caused the occurrence alleged in the Complaint; and e. Any admission or declaration against interest made by any party to this lawsuit and/or any employee, agent, servant, officer, director and/or authorized representative of same. 2. True, accurate and complete copies of each statement made or taken from Defendant, MUSLEH-FOREST REALTY, LLC, and/or any employee, agent, servant, officer, director and/or authorized representative of same, if any such statement in any manner bears on any of the issues in this action. 14 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 3. True, accurate and complete copies of each non-privileged written report of the alleged occurrence herein prepared by or on behalf of Plaintiff. 4. True, accurate and complete copies of each photograph, film, video recording, cell phone/mobile phone/smartphone recording and/or audio tape in Plaintiff’s possession, if any such item in any manner bears on any of the issues in this action. 5. Demand is made for the following medical information: a. The names and addresses of all physicians or other health care providers who has treated, examined or consulted with Plaintiff for each of the conditions allegedly caused by, or exacerbated by, the alleged occurrence herein, including the dates of such treatment, examination or consultation; b. Detailed narrative reports of all physicians and health care providers who will testify at the trial of this action regarding his treatment, care or consultation with Plaintiff (said reports must identify any other medical documentation, including x-rays and technician reports, relied upon or intended to be offered as evidence in Plaintiff’s behalf); and c. Duly executed, original and HIPAA-compliant authorizations permitting the undersigned to secure the Entire Medical Record, including patient histories, office notes (except psychotherapy notes), test results, radiology studies, films, referrals, consults, intraoperative films/photos/video/diagnostics, insurance records and records sent by other health care providers, of: i. All health care facilities in which Plaintiff were treated or confined due to the alleged occurrence herein; ii. All physicians or health care providers relating to treatment, care or consultation with Plaintiff due to the alleged occurrence herein; and iii. All health care facilities where Plaintiff were treated or confined, and all physicians or health care providers who treated, examined or consulted with Plaintiff prior to the alleged occurrence herein, for any injury or condition claimed to have been aggravated or exacerbated by the alleged occurrence herein, or for any prior injury to or condition of those parts of the body claimed to have been injured due to the alleged occurrence herein. 6. If lost earnings are being claimed because of the alleged occurrence herein, demand is made for: 15 of 40 FILED: RICHMOND COUNTY CLERK 02/03/2021 04:24 PM INDEX NO. 152064/2020 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/03/2021 a. The name and address of each employer of Plaintiff during the period for which lost earnings are being claimed herein; b. Duly executed, original and HIPAA-compliant authorizations permitting the undersigned to obtain complete copies of Plaintiff’s employment files, including wage, attendance, medical and disability records, from each entity identified in response to the foregoing demand; and c. True, accurate and complete copies of Plaintiff’s state and federal income tax returns for the three-year period preceding the date of the occurrence alleged in the Complaint. If said complete returns are not available, the undersigned is to be furnished with full and complete authorizations to obtain same. 7. Demand is made for the following, pursuant to CPLR 4545: a. A statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source, such as insurance, Social Security (except those benefits provided under Title 18 of the Social Security Act), Workers’ Compensation or employee benefit programs; b. The full name and address of each organization or program providing such replacement or indemnification; c. An itemized statement of the amount in which such claimed item of economic loss was replaced or indemnified by each such organization or program; and d. Duly executed, original and HIPAA-compliant authorizations perm