Preview
FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ELIZABETH IANNAZZO,
Plaintiff, OMNIBUS DISCOVERY
DEMANDS
vs.
Index No. 819912/2018
UTICA NATIONAL INSURANCE GROUP,
UTICA NATIONAL INSURANCE GROUP d/b/a
UTICA NATIONAL INSURANCE COMPANY
OF TEXAS, and
UTICA NATIONAL INSURANCE COMPANY
OF TEXAS,
Defendants.
C O U N S E L O R S :
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules
and the cases decided thereunder, the undersigned attomeys for the defendant, the defendant, the
UTICA NATIONAL INSURANCE COMPANY OF TEXAS, as a subsidiary of UTICA
NATIONAL INSURANCE GROUP (also incorrectly identified in the complaint as Utica National
Group"
Insurance and "Utica National Insurance Group d/b/a Utica National Insurance Company
of Texas"), hereby demands that you furnish us within TWENTY (20) days of the service of this
Notice the following:
1. STATEMENTS: Copies of all statements, whether written, oral, signed or
otherwise, of the aforesaid defendant or past or present agents, servants or employees of said
defendant, or from any other party in this proceeding.
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NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019
2. All documents authored and/or generated by this defendant or held out to be authored
and/or generated by this defendant.
3. WITNESSES: Names and addresses of each and every witness:
(a) To the incident which is the subject of the above-entitled action;
(b) To any allegedly defective condition;
(c) To any notice to defendant;
(d) To any admissions(s) by defendant;
(e) To any other element reflecting on liability.
(f) To any element reflecting on plaintiff's injuries and
damages.
4. PHOTOGRAPHS: Any and all photographs, slides or films of the scene of the
incident which is the subject of this litigation and allinstrumentalities involved, and of the plaintiff
and of the plaintiff's injuries.
5. MEDICAL RECORDS: Copies of all existing and future reports of all
physicians who have treated or examined the plaintiff, ELIZABETH IANNAZZO, in connection
with the injuries for which recovery is sought.
6. AUTHORIZATIONS: Duly executed and acknowledged authorizations
permitting the defendant's attomeys SCHNITTER CICCARELLI MILLS PLLC, to obtain and copy
physicians'
allhospital records, diagnostic studies and reports and records.
7. AUTHORIZATIONS: Duly executed and acknowledged authorizations
permitting the defendant's attorneys, SCHNITTER CICCARELLI MILLS PLLC, to obtain and copy
the plaintiff's primary care physician records, not limited by time, but limited to the same parts of
plaintiff's body that were injured in the October 1, 2015 accident.
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FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018
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8. AUTHORIZATIONS: Duly executed and acknowledged authorizations
permitting the defendant's attorneys, SCHNITTER CICCARELLI MILLS PLLC, to obtain and copy
the plaintiff's employment records. The authorization should include the name and address of all
employers from 2011 through the present.
9. EXPERTS: Provide a statement disclosing the following information:
(a) The name and address of each and every expert
witness expected to testify at the trialof this action.
(Unless this is a medical malpractice action);
(b) The qualifications of each such expert witness;
(c) The subject matter on which the expert is expected to testify;
(d) The substance of the facts and opinions on which each
such expert is expected to testify;
(e) A summary of the grounds for the expert's opinion.
IF YOU HAVE NOT RETAINED AN EXPERT TO DATE, please so advise in writing.
10. INSURANCE: All insurance agreements which may provide primary or excess
coverage for any of the causes of action alleged in this action.
11. REPORTS: Pursuant to CPLR §3101(g), we hereby demand disclosure of all
accident and investigation reports, either prepared in the regular course of business operations or
practices of any person, firm, corporation, association, or other public or private entity, or prepared
for any motive(s) other than exclusively for litigation or prepared with mixed motives, one of which
being in anticipated of litigation.
12. COLLATERAL SOURCES: If plaintiff seeks to recover damages for the
costs of medical, dental and/or custodial care, rehabilitation services, loss of earnings, or other
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economic loss, state whether the plaintiff is or will be entitled to receive benefits from, or be
indemnified by, in whole or in part, any collateral source including, but not limited to:
(a) Disability insurance.
(b) Credit disability insurance.
(c) Employer-provided sick pay.
(d) An income continuation plan.
(e) The disability provisions of any retirement plan.
(f) Mortgage disability insurance.
(g) Travel accident insurance.
(h) Hospital indemnity insurance.
(i) Medical, dental, surgical, diagnostic, x-ray,
laboratory, or major medical insurance, including
coverage provided by a health maintenance
organization insurer.
(j) Social Security benefits.
For each such COLLATERAL SOURCE so identified above, state:
(a) The name and address of the benefit provider, as well
as the name and address of the agent and/or adjuster
primarily responsible for the handling of the claim.
(b) The policy and/or identification number applicable to
said claim.
(c) The amount of benefits received or to be received in
the future.
(d) The premiums paid by oron behalf of the plaintiff for
such benefits for the two year period immediately
preceding the accrual of the action.
(e) The projected future cost to the plaintiff of
maintaining said benefits.
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13. If the plaintiff(s) intend to make a lost wage claim, provide withholding statements,
pay envelopes, deposit slips, or any other evidence of income by plaintiff(s) for the current calendar
year.
14. Copies of any and all bills,statements or receipts relating to any non-medical expense
claimed as damages in thislawsuit which have not been produced in response to any ofthe preceding
paragraphs.
15. Copies of bills and/or estimates for the repair of plaintitT(s) vehicle and any other
damaged property. Ifthe vehicle was not repairable, in addition, attach estimates of the value of the
vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value.
16. Any and allphotographs, blow-ups, recordings, charts, graphs, sketches and any other
tangible items or documentary evidence which you intend to use during the trial of this case and
which have been produced in response to any of the preceding paragraphs.
17. VEHICLE SENSOR DATA: All information and data contained in or
box"
downloaded from the sensing diagnostic module, "black or other vehicle sensor from any
vehicle involved in the subject accident pursuant to CPLR 3101 and 3120.
PLEASE TAKE FURTHER NOTICE that, in the event you do not respond to these
demands, a motion will be made to compel the same seeking, among other things, costs and
attorneys'
disbursements, including reasonable fees, for your failure and refusal to so respond.
PLEASE TAKE FURTHER NOTICE that, all demands contained herein are continuing
demands up to, and including, the time of trial.
YOU ARE REQUIRED, ifyou do not have one or more of the above, to submit a letter or
affidavit so stating within TWENTY (20) days of the service of this Notice.
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FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019
IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided
DATED: Buffalo, New York
June 4, 2019
J ph M. chnitter, Esq.
HNITTER CICCARELLI
ttorneys for Defendant
8685 Sheridan Drive
Williamsville, New York
(716) 204-1861
TO: Philipp L. Rimmler, Esq.
PAUL WILLIAM BELTZ, P.C.
Attorneys for Plaintiff
36 Church Street
Buffalo, New York 14202
(716) 852-1000
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Preview
FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ELIZABETH IANNAZZO, Plaintiff, OMNIBUS DISCOVERY DEMANDS vs. Index No. 819912/2018 UTICA NATIONAL INSURANCE GROUP, UTICA NATIONAL INSURANCE GROUP d/b/a UTICA NATIONAL INSURANCE COMPANY OF TEXAS, and UTICA NATIONAL INSURANCE COMPANY OF TEXAS, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules and the cases decided thereunder, the undersigned attomeys for the defendant, the defendant, the UTICA NATIONAL INSURANCE COMPANY OF TEXAS, as a subsidiary of UTICA NATIONAL INSURANCE GROUP (also incorrectly identified in the complaint as Utica National Group" Insurance and "Utica National Insurance Group d/b/a Utica National Insurance Company of Texas"), hereby demands that you furnish us within TWENTY (20) days of the service of this Notice the following: 1. STATEMENTS: Copies of all statements, whether written, oral, signed or otherwise, of the aforesaid defendant or past or present agents, servants or employees of said defendant, or from any other party in this proceeding. 1 of 6 FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019 2. All documents authored and/or generated by this defendant or held out to be authored and/or generated by this defendant. 3. WITNESSES: Names and addresses of each and every witness: (a) To the incident which is the subject of the above-entitled action; (b) To any allegedly defective condition; (c) To any notice to defendant; (d) To any admissions(s) by defendant; (e) To any other element reflecting on liability. (f) To any element reflecting on plaintiff's injuries and damages. 4. PHOTOGRAPHS: Any and all photographs, slides or films of the scene of the incident which is the subject of this litigation and allinstrumentalities involved, and of the plaintiff and of the plaintiff's injuries. 5. MEDICAL RECORDS: Copies of all existing and future reports of all physicians who have treated or examined the plaintiff, ELIZABETH IANNAZZO, in connection with the injuries for which recovery is sought. 6. AUTHORIZATIONS: Duly executed and acknowledged authorizations permitting the defendant's attomeys SCHNITTER CICCARELLI MILLS PLLC, to obtain and copy physicians' allhospital records, diagnostic studies and reports and records. 7. AUTHORIZATIONS: Duly executed and acknowledged authorizations permitting the defendant's attorneys, SCHNITTER CICCARELLI MILLS PLLC, to obtain and copy the plaintiff's primary care physician records, not limited by time, but limited to the same parts of plaintiff's body that were injured in the October 1, 2015 accident. 2 of 6 FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019 8. AUTHORIZATIONS: Duly executed and acknowledged authorizations permitting the defendant's attorneys, SCHNITTER CICCARELLI MILLS PLLC, to obtain and copy the plaintiff's employment records. The authorization should include the name and address of all employers from 2011 through the present. 9. EXPERTS: Provide a statement disclosing the following information: (a) The name and address of each and every expert witness expected to testify at the trialof this action. (Unless this is a medical malpractice action); (b) The qualifications of each such expert witness; (c) The subject matter on which the expert is expected to testify; (d) The substance of the facts and opinions on which each such expert is expected to testify; (e) A summary of the grounds for the expert's opinion. IF YOU HAVE NOT RETAINED AN EXPERT TO DATE, please so advise in writing. 10. INSURANCE: All insurance agreements which may provide primary or excess coverage for any of the causes of action alleged in this action. 11. REPORTS: Pursuant to CPLR §3101(g), we hereby demand disclosure of all accident and investigation reports, either prepared in the regular course of business operations or practices of any person, firm, corporation, association, or other public or private entity, or prepared for any motive(s) other than exclusively for litigation or prepared with mixed motives, one of which being in anticipated of litigation. 12. COLLATERAL SOURCES: If plaintiff seeks to recover damages for the costs of medical, dental and/or custodial care, rehabilitation services, loss of earnings, or other 3 of 6 FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019 economic loss, state whether the plaintiff is or will be entitled to receive benefits from, or be indemnified by, in whole or in part, any collateral source including, but not limited to: (a) Disability insurance. (b) Credit disability insurance. (c) Employer-provided sick pay. (d) An income continuation plan. (e) The disability provisions of any retirement plan. (f) Mortgage disability insurance. (g) Travel accident insurance. (h) Hospital indemnity insurance. (i) Medical, dental, surgical, diagnostic, x-ray, laboratory, or major medical insurance, including coverage provided by a health maintenance organization insurer. (j) Social Security benefits. For each such COLLATERAL SOURCE so identified above, state: (a) The name and address of the benefit provider, as well as the name and address of the agent and/or adjuster primarily responsible for the handling of the claim. (b) The policy and/or identification number applicable to said claim. (c) The amount of benefits received or to be received in the future. (d) The premiums paid by oron behalf of the plaintiff for such benefits for the two year period immediately preceding the accrual of the action. (e) The projected future cost to the plaintiff of maintaining said benefits. 4 of 6 FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019 13. If the plaintiff(s) intend to make a lost wage claim, provide withholding statements, pay envelopes, deposit slips, or any other evidence of income by plaintiff(s) for the current calendar year. 14. Copies of any and all bills,statements or receipts relating to any non-medical expense claimed as damages in thislawsuit which have not been produced in response to any ofthe preceding paragraphs. 15. Copies of bills and/or estimates for the repair of plaintitT(s) vehicle and any other damaged property. Ifthe vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 16. Any and allphotographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this case and which have been produced in response to any of the preceding paragraphs. 17. VEHICLE SENSOR DATA: All information and data contained in or box" downloaded from the sensing diagnostic module, "black or other vehicle sensor from any vehicle involved in the subject accident pursuant to CPLR 3101 and 3120. PLEASE TAKE FURTHER NOTICE that, in the event you do not respond to these demands, a motion will be made to compel the same seeking, among other things, costs and attorneys' disbursements, including reasonable fees, for your failure and refusal to so respond. PLEASE TAKE FURTHER NOTICE that, all demands contained herein are continuing demands up to, and including, the time of trial. YOU ARE REQUIRED, ifyou do not have one or more of the above, to submit a letter or affidavit so stating within TWENTY (20) days of the service of this Notice. 5 of 6 FILED: ERIE COUNTY CLERK 06/04/2019 03:23 PM INDEX NO. 819912/2018 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/04/2019 IF YOU FAIL TO COMPLY, we shall rely on all sanctions provided DATED: Buffalo, New York June 4, 2019 J ph M. chnitter, Esq. HNITTER CICCARELLI ttorneys for Defendant 8685 Sheridan Drive Williamsville, New York (716) 204-1861 TO: Philipp L. Rimmler, Esq. PAUL WILLIAM BELTZ, P.C. Attorneys for Plaintiff 36 Church Street Buffalo, New York 14202 (716) 852-1000 6 of 6