Preview
FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------- ----------------- ------X
RYAN KNIGHTS,
Index No: 521512/2018
Plaintiff,
-against- VERIFIED ANSWER
JASLIN CASH AND DELIV, INC
Defendants,
--------------------------------------------------------- X
The defendant, JASLIN CASH, by his attorneys, MORRIS DUFFY ALONSO & FALEY,
upon information and belief, answers the plaintiff's Supplemental Complaint herein as follows:
1. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs or subdivisions of the Supplemental Complaint
"1," "2," "3," "4," "5," "6," "7," "8," "9," "10," "11," "12," "13," "14," "15,"
designated: and
"16."
2. Denies each and every allegation contained in the paragraphs or subdivisions of the
"17," "18," "21."
Supplemental Complaint designated: and
3. Denies each and every allegation contained in the paragraphs or subdivisions of the
"19," "20,"
Supplemental Complaint designated: and and respectfully refers all questions of law
to this honorable court.
ANSWERING THE FIRST CAUSE OF ACTION
4. As to the paragraph of the Supplemental Complaint designated "22", answering
defendant repeats, reiterates and realleges each and every denial heretofore made with respect to
"1" "21"
paragraphs through inclusive, with the same force and effect as if fully set forth at length
herein.
5. Denies each and every allegation contaiñêd in the paragraphs or subdivisions of the
"23," "24," "25,"
Supplemental Complaint designated: and and respectfálly refers all questions of
law to this honorable court.
ANSWERING THE SECOND CAUSE OF ACTION
6. As to the paragraph of the Supplemental Complaint designated "26", answering
defendant repeats, reiterates and realleges each and every denial heretofore made with respect to
"1" "25"
paragraphs through inclusive, with the same force and effect as if fully set forth at length
herein.
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7. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs or subdivisions of the Supplemental Complaint
"27," "28," "29,"
designated: and and respectfully refers all questions of law to this honorable
court.
ANSWERING THE THIRD CAUSE OF ACTION
8. As to the paragraph of the Supplemental Complaint designated "30", answering
defendant repeats, reiterates and realleges each and every denial heretofore made with respect to
"1" "29"
paragraphs through inclusive, with the same force and effect as if fully set forth at length
herein.
9. Denies any knowledge or information sufficient to form a belief as to the truth of
the allegations contained in the paragraphs or subdivisions of the Supplemental Complaint
"31,"
designated: and respectfully refers all questions of law to this honorable court.
10. Denies each and every allegation contained in the paragraphs or subdivisions of the
"32,"
Supplemental Complaint designated: and respectfúlly refers all questions of law to this
honorable court.
11. Denies each and every allegation contained in the paragraphs or subdivisions of the
"33."
Supplemental Complaint designated:
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
12. Any damages which may have been sustained by the plaintiff were contributed to
in whole or in part by the culpable conduct of the plaintiff pursuant to Section 14-A, CPLR.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
13. Any damages which may have been sustained by the plaintiff were contributed to
in whole or in part by the culpable conduct of third parties not under the control of answering
defendants.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
14. Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
mceived or with reasonable certainty shall receive the cost of medical care, dental care, custodial
care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
replaced or indemnified, in whole or in part from any collateral source such as insurance (except
for life insurance), social security (except for those benefits provided under title XVIII of the Social
workers'
Security Act), compensation or employee benefit programs (except such collateral source
entitled by law to liens against any recovery of the plaintiff), then and in that event answering
defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a
collateral source in reduction of the smotmt of the award by such replacement or indemnification,
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minus an amount equal to the premiums paid the plaintiff for such benefits for the two year
by
period immediately the accrual of this action and minus an amount equal to the projected
preceding
future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c).
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
15. The injuries and damages alleged, all of which are denied by the answering
defendants, were caused by the intervening, interceding and superseding acts of third parties not
under the control of answering defendants.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
16. The plaintiff's sole and exclusive remedy is confined and limited to the benefits
and provisions of Article 51 of the Insurance Law of the State of New York.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
17. The plaintifffailed to mitigate his damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
18. The defendet was not negligent heesase they were faced with an emergency situation,not
of their own making, and acted as a reasüñable prudent person would act in the same emergency.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
19. The defendants are not liable to the plaintiff as the plaintiff's actions were the sole
proximate cause of the alleged occurrence.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
20. If the plaintiff was not v‡earing protective head gear at the time of the accident,
answering defendant pleads the failure to wear same, or to wear same properly, in mitigation of
damages.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
21. The plaintiff's sole and exclusive remedy is confined and limited to the benefits
and provisions of Article 51 of the Insurance Law of the State of New York.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
22. The occurrence alleged herein was an emergency situation and could not have been
prevented by the answering defendants herein.
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WHEREFORE, answering defendant demands judgment diamicaing the Supplemental
Complaint, together with the costs, interest and disbursemeñts of this action.
Dated: New York, New York
May 17, 2019
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
By: LAA
}pan M. Cocha
ttorneys for Defendants
J SLIN CASH
1 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (PRG) 69738
TO: GRATT & ASSOCIATES
Attorneys for Plaintiff
RYAN KNIGHTS,
2021 Nostrand Avenue, Suite 2
Brooklyn, New York 11210
718.963.3339
FAUST GOETZ SCHENKER & BLEE
Attorneys for Defendant
DELIV, INC.
200'
101 Greenwich Street, Floor
New York, NY 10006
212.363.6900
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-----------------------------------------------------------X
RYAN KNIGHTS,
Index No: 521512/2018
Plaintiff,
-against- DEMAND FOR A
VERIFIED BILL OF
JA SLIN CASH AND DELIV, INC PARTICULARS
Defendants,
---------·------------------------------------·---X
COUNSELORS:
PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section
3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of
Particulars upon the undersigned within twenty (20) days after receipt of this Demand.
In the event of your failure to comply with this Demand for a Verified Bill of Particulars
within that time, a motion will be made for an Order precluding you from offering any evidence
on the causes of action alleged in the Complaint concerning the following items as they concern
the answering defendant(s):
1. The date and time of the occurrence alleged in the Complaint.
2. The location of the occurrence alleged in the Complaint.
3. A statement of all the acts or omissions constimting negligence which plaintiff(s)
will claim against the answering defendant(s).
4. A statement of:
(a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and
(b) A description of those claimed by plaintiff(s) to be permanent.
5. If this is an action designated in subsection (a) of Section 5104 of the Insurance
Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state
in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102
of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection
(a) of Section 5102 of the Insurance Law.
6. The length of time plaintiff(s) was/were confined to each of the following:
(a) Bed;
(b) House; and
(c) Hospital.
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7. State the following:
(a) The occupation of plaintiff(s);
(b) The length of time plaintiff(s) was/were incapacitated from employment; and
plaintiff(s)'
(c) The name and address of employer.
8. I. State separately the total amounts or economic loss claimed by plaintiff(s) as
special damages for each of the following:
Physicians'
(a) services;
Nurses'
(b) services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
II.Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special
damages or economic loss represéñt past damages and in which amount:
Physicians'
(a) services;
Nurses'
(b) services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
III. Itemize which of the special damages or economic loss represent future
damages and in what amount:
Physicians'
(a) services;
Nurses'
(b) services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
IV. Over what period of time does plaintiff(s) claim each of future expenses or
losses shall occur:
SPECIAL DAMAGES PERIOD OF TIME
Physicians'
(a) services;
Nurses'
(b) services;
(c) Medical supplies;
(d) Hospital expenses;
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(e) Loss of earnings; and
(f) Other (describe).
9. The date of birth of plaintiff(s).
10. The residence address of plaintiff(s).
11. The Social Security number of the plaintiff(s).
12. If the plaintiff is an infant, state the following:
(a) The name and address of any school infant plaintiff attended at the time of this
occurrence;
(b) The date or dates infant plaintiff was absent from school as the result of the
alleged injuries sustained in this occurrence.
13. If the Complaint alleges a cause of action for property damage, state:
(a) The make, year, type and mileage of plaintiff's vehicle;
(b) The date when plaintiff acquired title to this vehicle;
(c) A statement setting forth in detail each and every item of damage claimed to
have been sustained to plaintiff's vehicle, setting forth, in detail, each part
claimed to have been damaged or replaced and the cost of repair or replacement
for each part so damaged or replaced;
(d) The fair and reasonable market value of plaintiff's vehicle immediately prior to
the occurrence;
(e) The salvage value of plaintiff's vehicle after the occurrence;
(f) The length of time required to perform the foregoing repairs;
(g) The direction in which plaintiff(s) vehicle was proceeding immediately before
the occurrence; and
defendant(s)'
(h) The direction in which vehicle was proceeding immediately
before the occurrence.
14. If there is a cause of action for loss of services, state the following:
(a) In what manner was the plaintiff deprived of services and state what the services
were;
(b) With regard to the monies expended and the obligations incurred to expend
additional monies, set forth the amount of money involved and precisely to who
such monies were paid or are owed.
plaintiff(s)'
15. State the full caption of each and every lawsuit brought on behalf to
recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including:
(a) court;
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(b) index number;
(c) calendar number;
(d) names and addresses of all litigants;
(e) names and addresses of all attorneys appearing for litigants;
(f) status of lawsuit.
16. Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule
or regulation, if any, which it is claimed answering defendant(s) violated with reference to the
occurrence alleged in the Complaint.
Dated: New York, New York
May 17, 2019
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
oan M. Cocha
ttorneys for Defendants
J SLIN CASH
1 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (PRG) 69738
TO: GRATT & ASSOCIATES
Attorneys for Plaintiff
RYAN KNIGHTS,
2021 Nostrand Avenue, Suite 2
Brooklyn, New York 11210
718.963.3339
FAUST GOETZ SCHENKER & BLEE
Attorneys for Defendant
DELIV, INC.
20th
101 Greenwich Street, FlOOr
New York, NY 10006
212.363.6900
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ATTORNEY VERIFICATION
Joan M. Cocha an attorney admitted to practice in the courts of New York State.
That I am an associate of the firm of MORRIS DUFFY ALONSO & FALEY, the attorneys
of record for defendant. I have read the foregoing ANSWER and know the contents thereof·, the
same is true to my own knowledge, except as to the matters therein alleged to be on information
and belief, and as to those matters I believe itto be true. The reason this verification is made by
me and not by the defendañt is that the defendant does not maintain an office within New York
County.
The grounds of my belief as to all matters not stated upon my own knowledge are based
on a review of the contents of the file maintained by this office.
Dated: New York, New York
May 17, 2019
Jo . Cocha
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AFFIDAVIT OF SERVIC_E BY MAIL
STATE OF NEW YORK )
SS.:
COUNTY OF NEW YORK )
JODY GOODRIDGE being duly sworn, says: I am not a p to the action, am
over 18 years of age and reside in Staten Island, New York. That on the day of May
2019, I served the within VERIFIED ANSWER AND DEMAND FOR V FIED BILL OF
PARTICULARS upon:
GRATT & ASSOCIATES
Attorneys for Plaintiff
RYAN KNIGHTS,
2021 Nostrand Avenue, Suite 2
Brooklyn, New York 11210
718.963.3339
FAUST GOETZ SCHENKER & BLEE
Attorneys for Defendant
DELIV, INC.
20*
101 Greenwich Street, Floor
New York, NY 10006
212.363.6900
those being the addresses desigtmted by said attorneys for that purpose, by depositing a true copy
of same enclosed in a post-paid properly addressed verapper in an official depository under the
exclusive care and custody of the United States Po t Office Depart 9t.
JOI GOODRIDGE
Sworn to before me this
da o May 2
Notary PublicÓ
___._
Laura Perez
Notary Public, State of New York
No. 01PE4797346
Qualified in Queens County
Commission Expires Jan. 2022
31,
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INDEX NO. - YEAR -
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ICINGS
RYAN KNIGHTS,
Index No: 521512/2018
Plaintiff,
-against-
JASLIN CASH AND DELIV, INC
Defendants,
VERIFIED ANSWER AND DEMAND FOR VERIFIED BILL OF PARTICULARS
MORRIS DUFFY ALONSO & FALEY
Attorneys for Defendant
- 22nd
Two Rector Street FlOOr
New York, New York 10006
(212) 766-1888
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------- ------------------------------------------------X
RYAN KNIGHTS,
Index No: 521512/2018
Plaintiff,
-against- NOTICE TO TAKE
DEPOSITION UPON
JASLIN CASH AND DELIV, INC ORAL EXAMINATION
Defendants,
-------- ---------------------------------------- ------------X
PLEASE TAKE NOTICE that this office will take the deposition of the following parties
or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all
relevant and material issues, as authorized by Article 31 of the CPLR: ALL PARTIES
DATE: July 19, 2019
TIME: 2:00 p.m.
PLACE: MORRIS DUFFY ALONSO & FALEY, 2 Rector Street,
New York, New York 10006
PLEASE TAKE FURTHER NOTICE that the persons to be examined are required to
produce all books, records and papers in their custody and possession that may be relevant to the
issues.
Dated: New York, New York
May 17, 2019
Yours etc.,
MORRIS DUFFY ALONSO & FALEY
By: AAA
oan M. Cocha
ttorneys for Defendants
J SLIN CASH
01 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
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F: (212) 766-3252
'
Our File No.: (PRG) 69738
TO: GRATT & ASSOCIATES
Attorneys for Plaintiff
RYAN KNIGHTS,
2021 Nostrand Avenue, Suite 2
Brooklyn, New York 11210
718.963.3339
FAUST GOETZ SCHENKER & BLEE
Attorneys for Defendant
DELIV, INC.
20th
101 Greenwich Street, FlOOr
New York, NY 10006
212.363.6900
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SUPREME COURT OF THE STATE OF NEW Y ORK
COUNTY OF KINGS
------------------------------------ --- -------------------------X
RYAN KNIGHTS,
Index No: 521512/2018
Plaintiff,
-against- COMBINED DEMANDS
JASLIN CASH AND DELIV, INC
Defendants,
----------------- ---- --------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are
hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS
22"d
DUFFY ALONSO & FALEY, Floor, Two Rector Street, New York, New York 10006, within
twenty (20) days after receipt of these Demands, the following documents heretofore exchanged
between any of the parties to this litigation:
DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
Demand is hereby made, pursuant to the Rules of this Court, that plaintiff serve upon and
deliver to the undersigned and allother parties to the action, the following:
(a) Copies of the medical reports of those physicians who have treated or examined the
party seeking recovery, and who will testify on his/her behalf. The same shall
include a detailed statement of the injuries and conditions as to which testimony
technicians'
will be offered at the trial, and shall identify those x-rays and reports
which will be offered at trial.
(b) Duly executed and acknowledged written authorizations (containing full name &
address of doctor/hospital) and fully compliant with HIPAA regulations permitting
all parties to obtain and make copies of all hospital records, and such other records,
technicians'
including x-rays and reports as may be referred to and identified in the
statement of the examined party's physicians.
(c) Duly executed authorizations (containine full name & address of doctor/hospital)
and fully compliant with HIPAA regulations permitting defendant(s) to discover,
inspect and copy the records of allphysicians and laboratories in which or by whom
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plaintiff was examined or received treatment or tests for the same or similar injuries
and complaints as those at issue in this lawsuit.
The names and addresses of any physicians, medical institutions, medical
(d)
personnel, nursing services or hospitals whom the plaintiff saw, consulted with,
received advice from or prior to the alleged negligence suffered the plaintiff
by
(e) Authorizations fully compliant with HIPAA regulations to obtain reports and
records of the aforesaid physicians, institutions, medical personnel, hospitals and/or
nursing services.
DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT
INDEPENDENT MEDICAL EXAMINATION(S)
Demand is hereby made that you produce, pursüãñt to Article 31 of the CPLR, and the
rules governing the exchange of medical information, and permit us to discovery, inspect and copy
all video/audio records, regardless of format, taken by plaintiff(s) or on behalf of plaintiff(s) of
any independent medical examinaden conducted on behalf of the defendant within thirty (30) days
of the date(s) on which said recordings were taken and/or created or within thirty (30) days from
the date of this demand, whichever is sooner.
DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT
Demand is hereby made that you produce true and complete copies of any Notice of Claim
filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in
relation to the alleged accident within thirty (30) days from the date of this demand.
DEMAND FOR STATEMENTS
Demand is hereby made for the following relative to the party or parties represented by the
undersigned (herein "the party"):
1. Copies of any and allwritten statements taken of or from the party, an agent, servant
or employee.
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2. A statement indicating the substance of any oral statements concerning any issue
in this case, including claimed admissions against interest, taken of or from the
party, an agent, servant or employee indicating the date the oral statement was
made, the name and description of the person who made the oral statement and the
name and address of the person who heard the oral statement.
3. Copies of any and all recorded statements taken of or from the party, an agent,
servant or employee.
Preview
FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------- ----------------- ------X RYAN KNIGHTS, Index No: 521512/2018 Plaintiff, -against- VERIFIED ANSWER JASLIN CASH AND DELIV, INC Defendants, --------------------------------------------------------- X The defendant, JASLIN CASH, by his attorneys, MORRIS DUFFY ALONSO & FALEY, upon information and belief, answers the plaintiff's Supplemental Complaint herein as follows: 1. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs or subdivisions of the Supplemental Complaint "1," "2," "3," "4," "5," "6," "7," "8," "9," "10," "11," "12," "13," "14," "15," designated: and "16." 2. Denies each and every allegation contained in the paragraphs or subdivisions of the "17," "18," "21." Supplemental Complaint designated: and 3. Denies each and every allegation contained in the paragraphs or subdivisions of the "19," "20," Supplemental Complaint designated: and and respectfully refers all questions of law to this honorable court. ANSWERING THE FIRST CAUSE OF ACTION 4. As to the paragraph of the Supplemental Complaint designated "22", answering defendant repeats, reiterates and realleges each and every denial heretofore made with respect to "1" "21" paragraphs through inclusive, with the same force and effect as if fully set forth at length herein. 5. Denies each and every allegation contaiñêd in the paragraphs or subdivisions of the "23," "24," "25," Supplemental Complaint designated: and and respectfálly refers all questions of law to this honorable court. ANSWERING THE SECOND CAUSE OF ACTION 6. As to the paragraph of the Supplemental Complaint designated "26", answering defendant repeats, reiterates and realleges each and every denial heretofore made with respect to "1" "25" paragraphs through inclusive, with the same force and effect as if fully set forth at length herein. 1 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 7. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs or subdivisions of the Supplemental Complaint "27," "28," "29," designated: and and respectfully refers all questions of law to this honorable court. ANSWERING THE THIRD CAUSE OF ACTION 8. As to the paragraph of the Supplemental Complaint designated "30", answering defendant repeats, reiterates and realleges each and every denial heretofore made with respect to "1" "29" paragraphs through inclusive, with the same force and effect as if fully set forth at length herein. 9. Denies any knowledge or information sufficient to form a belief as to the truth of the allegations contained in the paragraphs or subdivisions of the Supplemental Complaint "31," designated: and respectfully refers all questions of law to this honorable court. 10. Denies each and every allegation contained in the paragraphs or subdivisions of the "32," Supplemental Complaint designated: and respectfúlly refers all questions of law to this honorable court. 11. Denies each and every allegation contained in the paragraphs or subdivisions of the "33." Supplemental Complaint designated: AS AND FOR A FIRST AFFIRMATIVE DEFENSE 12. Any damages which may have been sustained by the plaintiff were contributed to in whole or in part by the culpable conduct of the plaintiff pursuant to Section 14-A, CPLR. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 13. Any damages which may have been sustained by the plaintiff were contributed to in whole or in part by the culpable conduct of third parties not under the control of answering defendants. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 14. Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has mceived or with reasonable certainty shall receive the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be replaced or indemnified, in whole or in part from any collateral source such as insurance (except for life insurance), social security (except for those benefits provided under title XVIII of the Social workers' Security Act), compensation or employee benefit programs (except such collateral source entitled by law to liens against any recovery of the plaintiff), then and in that event answering defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a collateral source in reduction of the smotmt of the award by such replacement or indemnification, 2 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 minus an amount equal to the premiums paid the plaintiff for such benefits for the two year by period immediately the accrual of this action and minus an amount equal to the projected preceding future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c). AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 15. The injuries and damages alleged, all of which are denied by the answering defendants, were caused by the intervening, interceding and superseding acts of third parties not under the control of answering defendants. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 16. The plaintiff's sole and exclusive remedy is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 17. The plaintifffailed to mitigate his damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 18. The defendet was not negligent heesase they were faced with an emergency situation,not of their own making, and acted as a reasüñable prudent person would act in the same emergency. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE 19. The defendants are not liable to the plaintiff as the plaintiff's actions were the sole proximate cause of the alleged occurrence. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 20. If the plaintiff was not v‡earing protective head gear at the time of the accident, answering defendant pleads the failure to wear same, or to wear same properly, in mitigation of damages. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 21. The plaintiff's sole and exclusive remedy is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE 22. The occurrence alleged herein was an emergency situation and could not have been prevented by the answering defendants herein. 3 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 WHEREFORE, answering defendant demands judgment diamicaing the Supplemental Complaint, together with the costs, interest and disbursemeñts of this action. Dated: New York, New York May 17, 2019 Yours etc., MORRIS DUFFY ALONSO & FALEY By: LAA }pan M. Cocha ttorneys for Defendants J SLIN CASH 1 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (PRG) 69738 TO: GRATT & ASSOCIATES Attorneys for Plaintiff RYAN KNIGHTS, 2021 Nostrand Avenue, Suite 2 Brooklyn, New York 11210 718.963.3339 FAUST GOETZ SCHENKER & BLEE Attorneys for Defendant DELIV, INC. 200' 101 Greenwich Street, Floor New York, NY 10006 212.363.6900 4 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------X RYAN KNIGHTS, Index No: 521512/2018 Plaintiff, -against- DEMAND FOR A VERIFIED BILL OF JA SLIN CASH AND DELIV, INC PARTICULARS Defendants, ---------·------------------------------------·---X COUNSELORS: PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand. In the event of your failure to comply with this Demand for a Verified Bill of Particulars within that time, a motion will be made for an Order precluding you from offering any evidence on the causes of action alleged in the Complaint concerning the following items as they concern the answering defendant(s): 1. The date and time of the occurrence alleged in the Complaint. 2. The location of the occurrence alleged in the Complaint. 3. A statement of all the acts or omissions constimting negligence which plaintiff(s) will claim against the answering defendant(s). 4. A statement of: (a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and (b) A description of those claimed by plaintiff(s) to be permanent. 5. If this is an action designated in subsection (a) of Section 5104 of the Insurance Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection (a) of Section 5102 of the Insurance Law. 6. The length of time plaintiff(s) was/were confined to each of the following: (a) Bed; (b) House; and (c) Hospital. 5 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 7. State the following: (a) The occupation of plaintiff(s); (b) The length of time plaintiff(s) was/were incapacitated from employment; and plaintiff(s)' (c) The name and address of employer. 8. I. State separately the total amounts or economic loss claimed by plaintiff(s) as special damages for each of the following: Physicians' (a) services; Nurses' (b) services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). II.Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special damages or economic loss represéñt past damages and in which amount: Physicians' (a) services; Nurses' (b) services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). III. Itemize which of the special damages or economic loss represent future damages and in what amount: Physicians' (a) services; Nurses' (b) services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). IV. Over what period of time does plaintiff(s) claim each of future expenses or losses shall occur: SPECIAL DAMAGES PERIOD OF TIME Physicians' (a) services; Nurses' (b) services; (c) Medical supplies; (d) Hospital expenses; 6 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 (e) Loss of earnings; and (f) Other (describe). 9. The date of birth of plaintiff(s). 10. The residence address of plaintiff(s). 11. The Social Security number of the plaintiff(s). 12. If the plaintiff is an infant, state the following: (a) The name and address of any school infant plaintiff attended at the time of this occurrence; (b) The date or dates infant plaintiff was absent from school as the result of the alleged injuries sustained in this occurrence. 13. If the Complaint alleges a cause of action for property damage, state: (a) The make, year, type and mileage of plaintiff's vehicle; (b) The date when plaintiff acquired title to this vehicle; (c) A statement setting forth in detail each and every item of damage claimed to have been sustained to plaintiff's vehicle, setting forth, in detail, each part claimed to have been damaged or replaced and the cost of repair or replacement for each part so damaged or replaced; (d) The fair and reasonable market value of plaintiff's vehicle immediately prior to the occurrence; (e) The salvage value of plaintiff's vehicle after the occurrence; (f) The length of time required to perform the foregoing repairs; (g) The direction in which plaintiff(s) vehicle was proceeding immediately before the occurrence; and defendant(s)' (h) The direction in which vehicle was proceeding immediately before the occurrence. 14. If there is a cause of action for loss of services, state the following: (a) In what manner was the plaintiff deprived of services and state what the services were; (b) With regard to the monies expended and the obligations incurred to expend additional monies, set forth the amount of money involved and precisely to who such monies were paid or are owed. plaintiff(s)' 15. State the full caption of each and every lawsuit brought on behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including: (a) court; 7 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 (b) index number; (c) calendar number; (d) names and addresses of all litigants; (e) names and addresses of all attorneys appearing for litigants; (f) status of lawsuit. 16. Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule or regulation, if any, which it is claimed answering defendant(s) violated with reference to the occurrence alleged in the Complaint. Dated: New York, New York May 17, 2019 Yours etc., MORRIS DUFFY ALONSO & FALEY oan M. Cocha ttorneys for Defendants J SLIN CASH 1 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (PRG) 69738 TO: GRATT & ASSOCIATES Attorneys for Plaintiff RYAN KNIGHTS, 2021 Nostrand Avenue, Suite 2 Brooklyn, New York 11210 718.963.3339 FAUST GOETZ SCHENKER & BLEE Attorneys for Defendant DELIV, INC. 20th 101 Greenwich Street, FlOOr New York, NY 10006 212.363.6900 8 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 ATTORNEY VERIFICATION Joan M. Cocha an attorney admitted to practice in the courts of New York State. That I am an associate of the firm of MORRIS DUFFY ALONSO & FALEY, the attorneys of record for defendant. I have read the foregoing ANSWER and know the contents thereof·, the same is true to my own knowledge, except as to the matters therein alleged to be on information and belief, and as to those matters I believe itto be true. The reason this verification is made by me and not by the defendañt is that the defendant does not maintain an office within New York County. The grounds of my belief as to all matters not stated upon my own knowledge are based on a review of the contents of the file maintained by this office. Dated: New York, New York May 17, 2019 Jo . Cocha 9 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 AFFIDAVIT OF SERVIC_E BY MAIL STATE OF NEW YORK ) SS.: COUNTY OF NEW YORK ) JODY GOODRIDGE being duly sworn, says: I am not a p to the action, am over 18 years of age and reside in Staten Island, New York. That on the day of May 2019, I served the within VERIFIED ANSWER AND DEMAND FOR V FIED BILL OF PARTICULARS upon: GRATT & ASSOCIATES Attorneys for Plaintiff RYAN KNIGHTS, 2021 Nostrand Avenue, Suite 2 Brooklyn, New York 11210 718.963.3339 FAUST GOETZ SCHENKER & BLEE Attorneys for Defendant DELIV, INC. 20* 101 Greenwich Street, Floor New York, NY 10006 212.363.6900 those being the addresses desigtmted by said attorneys for that purpose, by depositing a true copy of same enclosed in a post-paid properly addressed verapper in an official depository under the exclusive care and custody of the United States Po t Office Depart 9t. JOI GOODRIDGE Sworn to before me this da o May 2 Notary PublicÓ ___._ Laura Perez Notary Public, State of New York No. 01PE4797346 Qualified in Queens County Commission Expires Jan. 2022 31, 10 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 INDEX NO. - YEAR - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ICINGS RYAN KNIGHTS, Index No: 521512/2018 Plaintiff, -against- JASLIN CASH AND DELIV, INC Defendants, VERIFIED ANSWER AND DEMAND FOR VERIFIED BILL OF PARTICULARS MORRIS DUFFY ALONSO & FALEY Attorneys for Defendant - 22nd Two Rector Street FlOOr New York, New York 10006 (212) 766-1888 11 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------- ------------------------------------------------X RYAN KNIGHTS, Index No: 521512/2018 Plaintiff, -against- NOTICE TO TAKE DEPOSITION UPON JASLIN CASH AND DELIV, INC ORAL EXAMINATION Defendants, -------- ---------------------------------------- ------------X PLEASE TAKE NOTICE that this office will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: ALL PARTIES DATE: July 19, 2019 TIME: 2:00 p.m. PLACE: MORRIS DUFFY ALONSO & FALEY, 2 Rector Street, New York, New York 10006 PLEASE TAKE FURTHER NOTICE that the persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues. Dated: New York, New York May 17, 2019 Yours etc., MORRIS DUFFY ALONSO & FALEY By: AAA oan M. Cocha ttorneys for Defendants J SLIN CASH 01 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 12 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 F: (212) 766-3252 ' Our File No.: (PRG) 69738 TO: GRATT & ASSOCIATES Attorneys for Plaintiff RYAN KNIGHTS, 2021 Nostrand Avenue, Suite 2 Brooklyn, New York 11210 718.963.3339 FAUST GOETZ SCHENKER & BLEE Attorneys for Defendant DELIV, INC. 20th 101 Greenwich Street, FlOOr New York, NY 10006 212.363.6900 13 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 SUPREME COURT OF THE STATE OF NEW Y ORK COUNTY OF KINGS ------------------------------------ --- -------------------------X RYAN KNIGHTS, Index No: 521512/2018 Plaintiff, -against- COMBINED DEMANDS JASLIN CASH AND DELIV, INC Defendants, ----------------- ---- --------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS 22"d DUFFY ALONSO & FALEY, Floor, Two Rector Street, New York, New York 10006, within twenty (20) days after receipt of these Demands, the following documents heretofore exchanged between any of the parties to this litigation: DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS Demand is hereby made, pursuant to the Rules of this Court, that plaintiff serve upon and deliver to the undersigned and allother parties to the action, the following: (a) Copies of the medical reports of those physicians who have treated or examined the party seeking recovery, and who will testify on his/her behalf. The same shall include a detailed statement of the injuries and conditions as to which testimony technicians' will be offered at the trial, and shall identify those x-rays and reports which will be offered at trial. (b) Duly executed and acknowledged written authorizations (containing full name & address of doctor/hospital) and fully compliant with HIPAA regulations permitting all parties to obtain and make copies of all hospital records, and such other records, technicians' including x-rays and reports as may be referred to and identified in the statement of the examined party's physicians. (c) Duly executed authorizations (containine full name & address of doctor/hospital) and fully compliant with HIPAA regulations permitting defendant(s) to discover, inspect and copy the records of allphysicians and laboratories in which or by whom 14 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 plaintiff was examined or received treatment or tests for the same or similar injuries and complaints as those at issue in this lawsuit. The names and addresses of any physicians, medical institutions, medical (d) personnel, nursing services or hospitals whom the plaintiff saw, consulted with, received advice from or prior to the alleged negligence suffered the plaintiff by (e) Authorizations fully compliant with HIPAA regulations to obtain reports and records of the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services. DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT INDEPENDENT MEDICAL EXAMINATION(S) Demand is hereby made that you produce, pursüãñt to Article 31 of the CPLR, and the rules governing the exchange of medical information, and permit us to discovery, inspect and copy all video/audio records, regardless of format, taken by plaintiff(s) or on behalf of plaintiff(s) of any independent medical examinaden conducted on behalf of the defendant within thirty (30) days of the date(s) on which said recordings were taken and/or created or within thirty (30) days from the date of this demand, whichever is sooner. DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT Demand is hereby made that you produce true and complete copies of any Notice of Claim filings made in relation to the alleged incident within thirty (30) days from the date of this demand. Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in relation to the alleged accident within thirty (30) days from the date of this demand. DEMAND FOR STATEMENTS Demand is hereby made for the following relative to the party or parties represented by the undersigned (herein "the party"): 1. Copies of any and allwritten statements taken of or from the party, an agent, servant or employee. 15 of 43 FILED: KINGS COUNTY CLERK 05/17/2019 03:44 PM INDEX NO. 521512/2018 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/17/2019 2. A statement indicating the substance of any oral statements concerning any issue in this case, including claimed admissions against interest, taken of or from the party, an agent, servant or employee indicating the date the oral statement was made, the name and description of the person who made the oral statement and the name and address of the person who heard the oral statement. 3. Copies of any and all recorded statements taken of or from the party, an agent, servant or employee.