Preview
FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
WILLONA NOEL,
ANSWER WITH CROSS-CLAIM
Plaintiff, TO AMENDED COMPLAINT
-against- Index No. 521610/2018
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION
AUTHORITY, MANHATTAN AND BRONX
SURFACE TRANSIT OPERATING
AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY BUS
COMPANY, "JOHN DOE I", SIMONE
MORALES and VICTORIA TESHA BURNETT,
Defendants.
The Defendants SIMONE MORALES and VICTORIA TESHA BURNETT by the Law
Offices of Karen L. Lawrence, as and for their answer to the amended complaint herein sets forth
as follows:
FIRST: Deny any knowledge or information sufficient to form a belief as to the
allegation(s) contained in paragraph(s) designated as "1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67,
68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 119 and
169"
of the Amended Complaint herein.
SECOND: Upon information and belief, deny each and every allegation contained in
"11" and"92"
paragraphs designated as except for to admitthe defendant SIMONE MORALES
was owner of motor vehicle bearing New York State Registration Number HVC6332, "93, 94, 95,
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106"
96, 97, 98, 99, 100, 101, 102, 103, 104, 105, except for to admit the defendant VICTORIA
TESHA BURNETT operated a motor vehicle bearing New York State Registration Number
HVC6332 with express and implied permission, consent and knowledge of the defendant SIMONE
"107"
MORALES, except for to admit the defendant VICTORIA TESHA BURNETT was driver
of motor vehicle bearing New York State Registration Number HVC6332, "108, 109, 110, 111,
112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131,
132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151
152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171 and
172"
of the Amended Complaint herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANT(S) ALLEGE:
Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of the
Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of these answering Defendant(s).
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANT(S) ALLEGE:
Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and thereby
contributed to the alleged injuries.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANT(S) ALLEGE:
That to the extent plaintiff recovers any damages for the cost of medical care, dental care,
custodial care or rehabilitation services, loss of earnings and/or economic loss, the amount of the
award shall be reduced by the sum total of all collateral reimbursements, from whatever source,
whether it be insurance, social security payments, no fault payments, Workers Compensation,
employee benefits or other such programs, in accordance with the provisions of the CPLR 4545.
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AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANT(S) ALLEGE:
In the event that any person or entity liable or claimed to be liable for the injury alleged in
this action has been given or may hereafter be given a release or covenant not to sue, defendant
will be entitled to protection under General Obligations Law 15-108 and the corresponding
reduction of any damages which may be determined to be due against this answering defendant.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANT(S) ALLEGE:
These answering Defendant(s) pursuant to cross-claim is entitled to diminution of damages
by way of contribution, apportionment and/or indemnity.
AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS NEW YORK CITY
TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY,
MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY BUS COMPANY AND "JOHN
DOE I", THESE DEFENDANTS SIMONE MORALES AND VICTORIA TESHA
BURNETT ALLEGE:
That if the Plaintiff sustained the injuries alleged in the manner alleged all of which has
been denied by these Defendants then such injuries were caused in whole or in part by the culpable
conduct of the Co-Defendant(s) above named.
That by reason of the foregoing, these Defendants are or will be entitled to have judgment
over against said Co-Defendant(s) in whole or in part as to any sum awarded to Plaintiff(s) against
this/these Defendant(s).
WHEREFORE, these cross-claiming Defendants demand judgment dismissing the
Plaintiff s complaint or in the event that the Plaintiff(s) recover(s) any sum of money against these
Defendants, then these Defendants demand judgment over against Co-Defendants above named as
to any such amount, together with such other and further relief as is proper.
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Yours, etc.,
Law Offices of Karen L. Lawrence
Komila Geroulakis
Attorney for Defendants
SIMONE MORALES and VICTORIA
TESHA BURNETT
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone:(718) 451-7168
Our File No. 0540784741.1-
TO: LAW OFFICES OF BRYAN BARENBAUM, P.C.
Attorneys for the Plaintiff
2060 Eastern Parkway
Brooklyn, New York 11207
(718) 421-1111
WALLACE D. GOSSETT, ESQ.
Attorney for Co-defendants
130 Livingston Street, 11th Floor
Brooklyn, New York 11201
(718) 694-3845
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
WILLONA NOEL, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. 521610/2018
-against-
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION
AUTHORITY, MANHATTAN AND BRONX
SURFACE TRANSIT OPERATING
AUTHORITY, METROPOLITAN
TRANSPORTATION AUTHORITY BUS
COMPANY, "JOHN DOE I", SIMONE
MORALES and VICTORIA TESHA BURNETT,
Defendants.
X
S I R S:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that
you serve upon the office of the undersigned, within thirty days the following:
1. The names and addresses of all witnesses known to the Plaintiff(s) and the
Plaintiff s representatives, who it will be claimed were witnesses to the following:
(a) The alleged occurrence in question.
(b) Any alleged defective condition.
(c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
(d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statements, oral, written or electronically recorded, from any party we
represent, in the possession of the Plaintiff(s) or the Plaintiff(s) representatives.
3. Any photographs of the following:
(a) The site of the alleged occurrence.
(b) Any instrumentalities involved.
(c) Any injuries alleged to have been incurred by the Plaintiff(s).
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4. Any accident reports made in the normal course of business. Pataki v.
Kiseda, 80 A.D. 2d 100, 437 N.Y.S. 692 (1981).
5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
6. Any notes, records, memoranda, diagrams, drawings, photographs made or
taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s) representatives, even if
made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
8. In reasonable detail, the subject matter on which each expert is expected to
testify;
9. The substance of the facts and opinions on which each expert is expected to
testify;
10. The qualification of each expert witness, and;
11. A summary of the grounds for each expert's opinion.
12. Mainteñance and repair records for the motor vehicle of the Plaintiff(s) for
one year prior to the alleged occurrence.
13. Copies of any letters or written communications from Plaintiff(s) to
Defendant(s) citing any alleged defective conditions.
14. Duly executed authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period commencing one (a) year prior
to the date of the subject occurreñce and continuing to the present date. This authorization shall
Plaintiff(s)'
allow access to, but shall not be limited to, records regarding the salary and attendance.
(a) If Plaintiff is a student: duly executed authorization(s) allowing the
undersigned to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence
and continuing to the present date.
Plaintiff(s)'
15. Copies of the City, State and Federal Income Tax Records for
the period commencing two (2) years prior to the date of the subject occurrence and for all
subsequent years up to and including the present. If such records, or a portion thereof, are
unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New
York State Department of Taxation. If income tax returns were not filed for such period or a
portion thereof, so state in reply to this demand.
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16. Duly executed and acknowledged original authorizations permitting
this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff
for the periodfromthe date of occurrence to the present.
17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
Insurance Law of the State of New York (No-Fault Law); with respect to each and every
application:
(a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made,including
OBEL, Additional PIP and Medical Payments coverage.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to paragraph
"(a)".
Workers'
18. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to eachand every application:
(a) Set forth the name, address, policy number and claim number of
each company to which a claim has been or will be made, together
Workers'
with the Compensation Board file number.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to paragraph
"(a)".
19. If a disability claim has or will be made pursuant to the terms of the Social
Security Laws, with respect to each and every application:
(a) Set forth the claim office, the address and the claim number
assigned.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff.
20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned
attorneys to inspect and copy the contents of:
(a) Each and every collateral source of payment, including but not
Workers'
limited to, insurance agreements, Social Security,
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by the Plaintiffs and for which
recovery is sought in the instant action and
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(b) A written statement setting forth any and all such collateral sources
and their amounts.
(c) Duly executed written authorizations permitting the undersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
(d) The amounts and any and all correspondence in which, the
plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
21. If it is claimed that Plaintiff, Husband/Wife is married to Plaintiff
Husband/Wife. Please set forth a copy of their Marriage Certificate.
22. If it is claimed that the infant, is the natural son/daughter of Plaintiff
mother/father set forth a copy of the Birth Certificate of infant.
23. Withholding statements, pay envelopes, deposit slips, or any other evidence
of income earned by Plaintiff(s) for the current calendar year.
24. Copies of and all statements or receipts to non-
any bills, relating any
medical expense claimed as damages in this lawsuit which have not been produced in response to
any of the preceding paragraphs.
25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and any
other damaged property. If the 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.
26. Any releases, and any other type of settlement agreements between
Plaintiff(s) and any other party which may have been responsible for the damages claimed by
Plaintiff(s).
27. Any and all photographs, 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 not been produced in response to any of the preceding paragraphs.
28. All documents, papers or evidence to be introduced at trial.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands.
In the event any of the above items are obtained after service of this demand, they are to be
furnished to this office upon receipt.
DATED: Brooklyn, NY
July 11, 2019
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Yours, etc.,
Law Offices of Karen L. Lawrence
Komila Geroulakis
Attorney for Defendants
SIMONE MORALES and VICTORIA
TESHA BURNETT
4 Metrotech Center, Suite 2000
Brooklyn, NY 11201-3815
Telephone:(718) 451-7168
Our File No. 0540784741.1-
TO: LAW OFFICES OF BRYAN BARENBAUM, P.C.
Attorneys for the Plaintiff
2060 Eastern Parkway
Brooklyn, New York 11207
(718) 421-1111
WALLACE D. GOSSETT, ESQ.
Attorney for Co-defendants
130 Livingston Street, 11th Floor
Brooklyn, New York 11201
(718) 694-3845
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
X
WILLONA NOEL, DEMAND FOR VERIFIED BILL OF
Preview
FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X WILLONA NOEL, ANSWER WITH CROSS-CLAIM Plaintiff, TO AMENDED COMPLAINT -against- Index No. 521610/2018 NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY BUS COMPANY, "JOHN DOE I", SIMONE MORALES and VICTORIA TESHA BURNETT, Defendants. The Defendants SIMONE MORALES and VICTORIA TESHA BURNETT by the Law Offices of Karen L. Lawrence, as and for their answer to the amended complaint herein sets forth as follows: FIRST: Deny any knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) designated as "1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 119 and 169" of the Amended Complaint herein. SECOND: Upon information and belief, deny each and every allegation contained in "11" and"92" paragraphs designated as except for to admitthe defendant SIMONE MORALES was owner of motor vehicle bearing New York State Registration Number HVC6332, "93, 94, 95, 1 of 35 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 106" 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, except for to admit the defendant VICTORIA TESHA BURNETT operated a motor vehicle bearing New York State Registration Number HVC6332 with express and implied permission, consent and knowledge of the defendant SIMONE "107" MORALES, except for to admit the defendant VICTORIA TESHA BURNETT was driver of motor vehicle bearing New York State Registration Number HVC6332, "108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171 and 172" of the Amended Complaint herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANT(S) ALLEGE: Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable conduct or negligence of these answering Defendant(s). AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANT(S) ALLEGE: Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and thereby contributed to the alleged injuries. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANT(S) ALLEGE: That to the extent plaintiff recovers any damages for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the amount of the award shall be reduced by the sum total of all collateral reimbursements, from whatever source, whether it be insurance, social security payments, no fault payments, Workers Compensation, employee benefits or other such programs, in accordance with the provisions of the CPLR 4545. 2 of 35 2 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANT(S) ALLEGE: In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, defendant will be entitled to protection under General Obligations Law 15-108 and the corresponding reduction of any damages which may be determined to be due against this answering defendant. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANT(S) ALLEGE: These answering Defendant(s) pursuant to cross-claim is entitled to diminution of damages by way of contribution, apportionment and/or indemnity. AS AND FOR A CROSS-CLAIM AGAINST CO-DEFENDANTS NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY BUS COMPANY AND "JOHN DOE I", THESE DEFENDANTS SIMONE MORALES AND VICTORIA TESHA BURNETT ALLEGE: That if the Plaintiff sustained the injuries alleged in the manner alleged all of which has been denied by these Defendants then such injuries were caused in whole or in part by the culpable conduct of the Co-Defendant(s) above named. That by reason of the foregoing, these Defendants are or will be entitled to have judgment over against said Co-Defendant(s) in whole or in part as to any sum awarded to Plaintiff(s) against this/these Defendant(s). WHEREFORE, these cross-claiming Defendants demand judgment dismissing the Plaintiff s complaint or in the event that the Plaintiff(s) recover(s) any sum of money against these Defendants, then these Defendants demand judgment over against Co-Defendants above named as to any such amount, together with such other and further relief as is proper. 3 of 35 3 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 Yours, etc., Law Offices of Karen L. Lawrence Komila Geroulakis Attorney for Defendants SIMONE MORALES and VICTORIA TESHA BURNETT 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone:(718) 451-7168 Our File No. 0540784741.1- TO: LAW OFFICES OF BRYAN BARENBAUM, P.C. Attorneys for the Plaintiff 2060 Eastern Parkway Brooklyn, New York 11207 (718) 421-1111 WALLACE D. GOSSETT, ESQ. Attorney for Co-defendants 130 Livingston Street, 11th Floor Brooklyn, New York 11201 (718) 694-3845 4 of 35 4 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X WILLONA NOEL, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, Index No. 521610/2018 -against- NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY BUS COMPANY, "JOHN DOE I", SIMONE MORALES and VICTORIA TESHA BURNETT, Defendants. X S I R S: PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty days the following: 1. The names and addresses of all witnesses known to the Plaintiff(s) and the Plaintiff s representatives, who it will be claimed were witnesses to the following: (a) The alleged occurrence in question. (b) Any alleged defective condition. (c) The site of the alleged occurrence immediately prior and immediately subsequent to the alleged occurrence. (d) The actions of any of the parties, or of any non-parties, before, during, or after the alleged occurrence. 2. Any statements, oral, written or electronically recorded, from any party we represent, in the possession of the Plaintiff(s) or the Plaintiff(s) representatives. 3. Any photographs of the following: (a) The site of the alleged occurrence. (b) Any instrumentalities involved. (c) Any injuries alleged to have been incurred by the Plaintiff(s). 5 of 35 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 4. Any accident reports made in the normal course of business. Pataki v. Kiseda, 80 A.D. 2d 100, 437 N.Y.S. 692 (1981). 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. 6. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s) representatives, even if made in contemplation of litigation. 7. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 8. In reasonable detail, the subject matter on which each expert is expected to testify; 9. The substance of the facts and opinions on which each expert is expected to testify; 10. The qualification of each expert witness, and; 11. A summary of the grounds for each expert's opinion. 12. Mainteñance and repair records for the motor vehicle of the Plaintiff(s) for one year prior to the alleged occurrence. 13. Copies of any letters or written communications from Plaintiff(s) to Defendant(s) citing any alleged defective conditions. 14. Duly executed authorization allowing the undersigned to obtain the employment records of the party seeking recovery for the period commencing one (a) year prior to the date of the subject occurreñce and continuing to the present date. This authorization shall Plaintiff(s)' allow access to, but shall not be limited to, records regarding the salary and attendance. (a) If Plaintiff is a student: duly executed authorization(s) allowing the undersigned to obtain the school records of the Plaintiff for the period commencing one (1) year prior to the date of the occurrence and continuing to the present date. Plaintiff(s)' 15. Copies of the City, State and Federal Income Tax Records for the period commencing two (2) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. If such records, or a portion thereof, are unavailable, authorizations to obtain such records from the Internal Revenue Service and/or New York State Department of Taxation. If income tax returns were not filed for such period or a portion thereof, so state in reply to this demand. 6 of 35 2 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 16. Duly executed and acknowledged original authorizations permitting this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff for the periodfromthe date of occurrence to the present. 17. If a claim has or will be made pursuant to the terms of ARTICLE 51 of the Insurance Law of the State of New York (No-Fault Law); with respect to each and every application: (a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made,including OBEL, Additional PIP and Medical Payments coverage. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". Workers' 18. If a claim has or will be made pursuant to the terms of the Compensation Law, with respect to eachand every application: (a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made, together Workers' with the Compensation Board file number. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". 19. If a disability claim has or will be made pursuant to the terms of the Social Security Laws, with respect to each and every application: (a) Set forth the claim office, the address and the claim number assigned. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff. 20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned attorneys to inspect and copy the contents of: (a) Each and every collateral source of payment, including but not Workers' limited to, insurance agreements, Social Security, Compensation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the Plaintiffs and for which recovery is sought in the instant action and 7 of 35 3 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 (b) A written statement setting forth any and all such collateral sources and their amounts. (c) Duly executed written authorizations permitting the undersigned attorneys to obtain and make copies of all records relating to collateral source information as set forth herein. (d) The amounts and any and all correspondence in which, the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 21. If it is claimed that Plaintiff, Husband/Wife is married to Plaintiff Husband/Wife. Please set forth a copy of their Marriage Certificate. 22. If it is claimed that the infant, is the natural son/daughter of Plaintiff mother/father set forth a copy of the Birth Certificate of infant. 23. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. 24. Copies of and all statements or receipts to non- any bills, relating any medical expense claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and any other damaged property. If the 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. 26. Any releases, and any other type of settlement agreements between Plaintiff(s) and any other party which may have been responsible for the damages claimed by Plaintiff(s). 27. Any and all photographs, 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 not been produced in response to any of the preceding paragraphs. 28. All documents, papers or evidence to be introduced at trial. PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demand, they are to be furnished to this office upon receipt. DATED: Brooklyn, NY July 11, 2019 8 of 35 4 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 Yours, etc., Law Offices of Karen L. Lawrence Komila Geroulakis Attorney for Defendants SIMONE MORALES and VICTORIA TESHA BURNETT 4 Metrotech Center, Suite 2000 Brooklyn, NY 11201-3815 Telephone:(718) 451-7168 Our File No. 0540784741.1- TO: LAW OFFICES OF BRYAN BARENBAUM, P.C. Attorneys for the Plaintiff 2060 Eastern Parkway Brooklyn, New York 11207 (718) 421-1111 WALLACE D. GOSSETT, ESQ. Attorney for Co-defendants 130 Livingston Street, 11th Floor Brooklyn, New York 11201 (718) 694-3845 9 of 35 5 FILED: KINGS COUNTY CLERK 07/12/2019 03:20 PM INDEX NO. 521610/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 07/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X WILLONA NOEL, DEMAND FOR VERIFIED BILL OF