Preview
FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------- ------------------------- X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
CERTIFICATION
- against - PURSUANT TO 22
NYCRR 130-1.1
BSC RETAIL OWNER LLC,
Defendants.
___________ _ _ --------------------------X
The attorney's signature below shall be applicable to the following documents:
1. Demand for Addresses;
2. Demand for Names and Addresses of Attorneys;
3. Demand for Amount of Damages;
4. Demand for Employment Authorizations;
5. Demand for Statements;
6. Demand for Insurance Information;
7. Demand for Medical Information and Hospital Authorization;
8. Demand for Collateral Source Reimbursement Information;
9. Demand for Tax Records;
10. Demand for Names/Addresses of Witnesses;
11. Demand for Names and Addresses of Expert Witnesses;
12. Notice to Produce Medical Authorizations;
13. Notice to Produce Photographs;
14. Notice of Intention to Speak with Treating Physicians;
15. Notice of Revocation of Consent to Service by Facsimile;
16. Demand for Electronically Stored Info;
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17. Demand for Telephone, email, etc.
18. Demand for Internet-Social Media, etc.
19. Demand Pursuant to Mandatory Insurer Reporting Law
Section 11 of Public Law Section 110-73.
Dated: New York, New York
October 29, 2018
Yours, etc.
R '& RANÚH LLP
Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintzyf
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
- against - DEMAND FOR
ADDRESSES
BSC RETAIL OWNER LLC,
Defendants.
------------ --------- ----------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the defendant hereby
demands a verified statement setting forth the present home address of the plaintiff, said statement
to be served upon the undersigned within twenty (20) days from the date of this demand.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------- -------------------------X
ARAMINTA CORDERO, Index No,: 519727/2018
Plaintiff,
- against -
DEMAND FOR NAMES
BSC RETAIL OWNER LLC, AND ADDRESSES OF
ATTORNEYS
Defendants.
------------------------------- -----X
PLEASE TAKE NOTICE, that pursuant to CPLR Rule 2103(e), you are hereby required
to furnish to the undersigned, within ten (10) days from the date hereof, the names and addresses
of the attorneys for the respective parties in this action who have appeared to date.
PLEASE TAKE FURTHER NOTICE, that this is to be considered a continuing demand
and you are required to inform the undersigned in writing of the names and addresses of the
attorneys for all parties as appemâüces are made on behalf of such parties.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------- -----------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
DEMAND FOR
- against - EMPLOYMENT
AUTHORIZATIONS
BSC RETAIL OWNER LLC,
Defendants.
_____________________________ _________ ..... -----------X
PLEASE TAKE NOTICE that, the undersigned demands, in accordance with provisions
ofthe Civil Practice Law and Rules and pertinent local court rules, plaintiff provides within twenty
(20) days, the following:
1. Duly executed authorization to obtain employment records of the plaintiff for the
years 2013 up to and including time of accident.
2. Duly executed authorization to obtain plaintiff s W-2 records for years 2013 up to
and including time of accident.
Workers'
3. Duly executed authorization to obtain Compensation Board file on the
plaintiff.
Workers'
4. Duly executed authorization to obtain plaintiffs records from the
Compensation carrier.
5. Duly executed authorization to obtain plaintiffs Union Local records for years 2013
up to and including time of accident.
6. Duly executed authorization to obtain plaintiffs Union Pension Fund records years
2013 up to and including time of accident
7. Duly executed authorization to obtain plaintiffs Union Health and Welfare Fund
Records years 2013 up to and including time of accident
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8. Duly executed authorization to obtain plaintiff s federal tax returns for three years
including time of accident on IRS Form 4506 inclusive of two (2) forms of plaintiffs identification;
preferably with photographs.
9. Duly executed authorization for all of plaintiffs pharmaceutical records regarding
any prescriptions or medications.
10. Duly executed authorization to obtain the ambulance call log and other related EMS
or private ambulance service records for plaintiff herein.
11. Duly executed Consent for Release of Information form to obtain plaintiffs records
from the Social Security Administration. (Consent to Release is annexed hereto for your
convenience).
PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall
make such motions at or prior to trial as are required for the protection of the interests of our client,
including the dismissal of this action or the preclusion from offering any evidence with respect to
documents mentioned in this demand.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------- ----- X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
- against - DEMAND FOR
STATEMENTS
BSC RETAIL OWNER LLC,
Defendants.
---------- --------- ----------X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), demand ishereby made upon
you for a copy of all statements whether oral, stenographic or written, signed or unsigned, of
defendant, itsagents and/or employees. If there are no statements, please advise in writing.
PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
within twenty (20) days of the date of this demand, will serve as a basis of objection by the
undersigned to the use of such statements upon the trialof this matter.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintzff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------ --------------- -------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
- against - DEMAND FOR
INSURANCE
BSC RETAIL OWNER LLC, INFORMATION
Defendants.
____________________________________________________ .... . X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), demand is hereby made that
you provide to the undersigned, within twenty (20) days of the date of this notice, copies of the
following:
1. Each and every primary, contributing and excess insurance agreement under which
any person carrying on an insurance business may be liable to satisfy part or all of a judgment
which may be entered in this action or to indemnify or reimburse for payments made to satisfy the
judgment.
2. Each and every insurance agreement in which the insurer is obligated to defend this
action.
PLEASE TAKE FURTHER NOTICE, that any insurance document and policy
produced in response to the above demand shall be the complete document and policy including
but not limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations,
face sheets and/or binders, certificates of insurance, etc.
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PLEASE TAKE FURTHER NOTICE, that in the event any of the insurance policies are
subject to an aggregate limit you are required to state the number of claims brought against the
defendant or any other person or entity insured under such policy during the applicable policy
period, the amount sought in each such claim, and the amount already paid, if any; Folgate v.
Brookhaven Memorial Hospital, 381 N.Y.S.2d 384.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for De fendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------- X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
- against - DEMAND FOR
MEDICAL
BSC RETAIL OWNER LLC, INFORMATION
AND HOSPITAL
Defendants. AUTHORIZATION
----------- --------------------------------------------X
PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with the
provisions of the Civil Practice Law and Rules and pertinent local Court rules, plaintiff provides,
within twenty (20) days, the following:
1. Medical reports and records, including X-rays, CAT scans and allother test records
and results of all of those treating physicians, osteopaths, chiropractors and/or other licensed
medical professionals who have treated or consulted with plaintiff upon whose testimony plaintiff
will rely upon a trialof this action.
2. Duly executed original authorizations to obtain the medical records, including
x-rays, CAT scans, any osteopaths, chiropractors and/or other licensed medical professionals who
have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from
the events complained of by plaintiff in the within action.
3. Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have treated plaintiff with respect to any injuries, physical or mental,
alleged to have resulted from the events complained of by plaintiff in the within action.
4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or
other licensed medical professionals who have rendered treatment to plaintiff with respect to any
condition pre-existing or preceding the events complained of in the courplaint involving disease,
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disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any
way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequel
of those injuries or conditions allegedly resulting from the events complained of in the within
action.
5. Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have rendered treatment to plaintiff with respect to any condition
pre-existing or preceding the events complained of in the complaint involving disease, disability
or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is
alleged to have caused any increase inthe sequelb ofthose injuries or conditions allegedly resulting
from the events complained of in the within action.
"4"
PLEASE TAKE FURTHER NOTICE, that with respect to items numbered "3", and
"5", the authorizations to be provided shall state, as well, the approximate period or periods that
such services were rendered or provided.
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PLEASE TAKE FURTHER NOTICE, that in the event you failto comply, we will make
such motions at or prior to trialas are required for the protection of the interests of our clients
including dismissal of this action or the preclusion from offering any evidence with respect to
which responses by plaintiff have not been given.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------- ----------------------------------------------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
DEMAND FOR
- against - COLLATERAL SOURCE
REIMBURSEMENT
BSC RETAIL OWNER LLC, INFORMATION
Defendants.
___________..__.. . ----------------- ---------X
PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for
discovery, inspection and copying by the undersigned counsel for defendants the following:
1. Any and all books, records, bills, insurance applications, insurance receipts,
cancelled checks, copies of checks and any and all other records pertaining to collateral source
reimbursements received by plaintiff or on behalf of plaintiff for the special damages alleged in
the instant lawsuit.
2. Duly executed authorizations permitting the defendants to obtain the records of any
person, institution, facility or governmental agency which has provided or will provide any
reimbursement for any of the special damages alleged herein whether or not such person,
organization, facility or goverresental agency has been listed in response to Paragraph 1, above.
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3. It isrequested that the aforesaid production be made within twenty (20) days of the
date hereof at 10:00 a.m. at the address of the undersigned indicated below. Inspection will be
defendants'
made and copying will be done at expense and the documents will be returned
promptly after copying has been completed.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------- -----------------------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
DEMAND FOR
- against - TAX RECORDS
BSC RETAIL OWNER LLC,
Defendants.
------------------------ --------------------------X
TO: PLAINTIFF
PLEAST TAKE FURTHER NOTICE that pursuant to CPLR 3120, the plaintiff(s) is/are
hereby required to produce for discovery and inspection at the offices of BRODY & BRANCH
LLP, 205 Lexington Avenue, 4th Floor, New York, New York 10016 within twenty (20) days
from the date of this demand, the following documents:
(1) Copies of the income tax returns filed by the plaintiff and the W2 forms received
by Plaintiff, filed within the United States Federal Governmeñt, New York State
Government, and with the New York City Government for five (5) years prior to
the date of the accident;
(2) Plaintiff must provide two (2) forms of identification along with the executed Form
No. 4506 (See annexed hereto).
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid,
the undersigned will object at the time of trialto the offering of any evidence of loss of earnings
of the plaintiff(s) or any other material contained in such documents.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
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TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintly
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------ -X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
DEMAND FOR
- against - NAMES AND
ADDRESSES OF
BSC RETAIL OWNER LLC, WITNESSES
Defendants.
---------------------------- -------------X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101, demand is hereby made that
you provide, within twenty (20) days, the names and addresses of all persons known to your client
or to you, as attorneys for your client, with respect to the following:
1. Any witnesses to the occurrence and/or events complained ofin the Notice of Claim
of plaintiff.
2. Witnesses having knowledge of any alleged:
(a) Wrongful act, error or omission allegedly committed or omitted by:
(i) The party;
(ii) Any other defendant or third-party defendant in this action;
(ii) Any person or party not a defendant or third-party defendant in this
action.
(b) Any allegedly dangerous or defective condition with respect to any
premises, instrumentality or device;
(c) The condition of the premises, instrumentality or device complained of in
this action:
(i) Within 30 days prior to the date of the occüucace or event;
(ii) At any time subsequent to the occurrence or event.
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3. Any persons having knowledge with respect to any conversations, communications
or writings with respect to the circumstances or events referred to in the complaint or in any
affirmative defense asserted by any party herein.
4. Any persons having knowledge with respect to any items of special or general
damages asserted by plaintiff in the within action or with respect to any set-off or counterclaim by
any defendant or third-party Defendant(s).
If you are unaware of any witnesses at this time, please provide a statement to that effect.
Dated: New York, New York
October 29, 2018
Yours, etc.
Tanya M. Branch, Esq.
Attorneys for Defendant
BSC RETAIL OWNER LLC
205 Lexington Avenue, 4th Floor
New York, New York 10016
(212) 679-7007 (P)
TO: HARMON, LINDER & ROGOWSKY
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665 (P)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------ -----------------X
ARAMINTA CORDERO, Index No.: 519727/2018
Plaintiff,
DEMAND FOR NAMES
- against - AND ADDRESSES OF
EXPERT WITNESSES
BSC RETAIL OWNER LLC,
Defendants.
----------- ---------------------------------------- X
PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), the following information is
Preview
FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------- ------------------------- X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, CERTIFICATION - against - PURSUANT TO 22 NYCRR 130-1.1 BSC RETAIL OWNER LLC, Defendants. ___________ _ _ --------------------------X The attorney's signature below shall be applicable to the following documents: 1. Demand for Addresses; 2. Demand for Names and Addresses of Attorneys; 3. Demand for Amount of Damages; 4. Demand for Employment Authorizations; 5. Demand for Statements; 6. Demand for Insurance Information; 7. Demand for Medical Information and Hospital Authorization; 8. Demand for Collateral Source Reimbursement Information; 9. Demand for Tax Records; 10. Demand for Names/Addresses of Witnesses; 11. Demand for Names and Addresses of Expert Witnesses; 12. Notice to Produce Medical Authorizations; 13. Notice to Produce Photographs; 14. Notice of Intention to Speak with Treating Physicians; 15. Notice of Revocation of Consent to Service by Facsimile; 16. Demand for Electronically Stored Info; 1 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 17. Demand for Telephone, email, etc. 18. Demand for Internet-Social Media, etc. 19. Demand Pursuant to Mandatory Insurer Reporting Law Section 11 of Public Law Section 110-73. Dated: New York, New York October 29, 2018 Yours, etc. R '& RANÚH LLP Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintzyf 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 2 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, - against - DEMAND FOR ADDRESSES BSC RETAIL OWNER LLC, Defendants. ------------ --------- ----------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3118, the defendant hereby demands a verified statement setting forth the present home address of the plaintiff, said statement to be served upon the undersigned within twenty (20) days from the date of this demand. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 3 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------- -------------------------X ARAMINTA CORDERO, Index No,: 519727/2018 Plaintiff, - against - DEMAND FOR NAMES BSC RETAIL OWNER LLC, AND ADDRESSES OF ATTORNEYS Defendants. ------------------------------- -----X PLEASE TAKE NOTICE, that pursuant to CPLR Rule 2103(e), you are hereby required to furnish to the undersigned, within ten (10) days from the date hereof, the names and addresses of the attorneys for the respective parties in this action who have appeared to date. PLEASE TAKE FURTHER NOTICE, that this is to be considered a continuing demand and you are required to inform the undersigned in writing of the names and addresses of the attorneys for all parties as appemâüces are made on behalf of such parties. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 4 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 5 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------- -----------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, DEMAND FOR - against - EMPLOYMENT AUTHORIZATIONS BSC RETAIL OWNER LLC, Defendants. _____________________________ _________ ..... -----------X PLEASE TAKE NOTICE that, the undersigned demands, in accordance with provisions ofthe Civil Practice Law and Rules and pertinent local court rules, plaintiff provides within twenty (20) days, the following: 1. Duly executed authorization to obtain employment records of the plaintiff for the years 2013 up to and including time of accident. 2. Duly executed authorization to obtain plaintiff s W-2 records for years 2013 up to and including time of accident. Workers' 3. Duly executed authorization to obtain Compensation Board file on the plaintiff. Workers' 4. Duly executed authorization to obtain plaintiffs records from the Compensation carrier. 5. Duly executed authorization to obtain plaintiffs Union Local records for years 2013 up to and including time of accident. 6. Duly executed authorization to obtain plaintiffs Union Pension Fund records years 2013 up to and including time of accident 7. Duly executed authorization to obtain plaintiffs Union Health and Welfare Fund Records years 2013 up to and including time of accident 6 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 8. Duly executed authorization to obtain plaintiff s federal tax returns for three years including time of accident on IRS Form 4506 inclusive of two (2) forms of plaintiffs identification; preferably with photographs. 9. Duly executed authorization for all of plaintiffs pharmaceutical records regarding any prescriptions or medications. 10. Duly executed authorization to obtain the ambulance call log and other related EMS or private ambulance service records for plaintiff herein. 11. Duly executed Consent for Release of Information form to obtain plaintiffs records from the Social Security Administration. (Consent to Release is annexed hereto for your convenience). PLEASE TAKE FURTHER NOTICE, that in the event you fail to comply, we shall make such motions at or prior to trial as are required for the protection of the interests of our client, including the dismissal of this action or the preclusion from offering any evidence with respect to documents mentioned in this demand. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 7 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------- ----- X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, - against - DEMAND FOR STATEMENTS BSC RETAIL OWNER LLC, Defendants. ---------- --------- ----------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(e), demand ishereby made upon you for a copy of all statements whether oral, stenographic or written, signed or unsigned, of defendant, itsagents and/or employees. If there are no statements, please advise in writing. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within twenty (20) days of the date of this demand, will serve as a basis of objection by the undersigned to the use of such statements upon the trialof this matter. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintzff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 8 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------ --------------- -------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, - against - DEMAND FOR INSURANCE BSC RETAIL OWNER LLC, INFORMATION Defendants. ____________________________________________________ .... . X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(f), demand is hereby made that you provide to the undersigned, within twenty (20) days of the date of this notice, copies of the following: 1. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. 2. Each and every insurance agreement in which the insurer is obligated to defend this action. PLEASE TAKE FURTHER NOTICE, that any insurance document and policy produced in response to the above demand shall be the complete document and policy including but not limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, certificates of insurance, etc. 9 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 PLEASE TAKE FURTHER NOTICE, that in the event any of the insurance policies are subject to an aggregate limit you are required to state the number of claims brought against the defendant or any other person or entity insured under such policy during the applicable policy period, the amount sought in each such claim, and the amount already paid, if any; Folgate v. Brookhaven Memorial Hospital, 381 N.Y.S.2d 384. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for De fendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 10 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------- X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, - against - DEMAND FOR MEDICAL BSC RETAIL OWNER LLC, INFORMATION AND HOSPITAL Defendants. AUTHORIZATION ----------- --------------------------------------------X PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with the provisions of the Civil Practice Law and Rules and pertinent local Court rules, plaintiff provides, within twenty (20) days, the following: 1. Medical reports and records, including X-rays, CAT scans and allother test records and results of all of those treating physicians, osteopaths, chiropractors and/or other licensed medical professionals who have treated or consulted with plaintiff upon whose testimony plaintiff will rely upon a trialof this action. 2. Duly executed original authorizations to obtain the medical records, including x-rays, CAT scans, any osteopaths, chiropractors and/or other licensed medical professionals who have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiff in the within action. 3. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have treated plaintiff with respect to any injuries, physical or mental, alleged to have resulted from the events complained of by plaintiff in the within action. 4. Duly executed authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff with respect to any condition pre-existing or preceding the events complained of in the courplaint involving disease, 11 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequel of those injuries or conditions allegedly resulting from the events complained of in the within action. 5. Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have rendered treatment to plaintiff with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have caused any increase inthe sequelb ofthose injuries or conditions allegedly resulting from the events complained of in the within action. "4" PLEASE TAKE FURTHER NOTICE, that with respect to items numbered "3", and "5", the authorizations to be provided shall state, as well, the approximate period or periods that such services were rendered or provided. 12 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 PLEASE TAKE FURTHER NOTICE, that in the event you failto comply, we will make such motions at or prior to trialas are required for the protection of the interests of our clients including dismissal of this action or the preclusion from offering any evidence with respect to which responses by plaintiff have not been given. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 13 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------- ----------------------------------------------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, DEMAND FOR - against - COLLATERAL SOURCE REIMBURSEMENT BSC RETAIL OWNER LLC, INFORMATION Defendants. ___________..__.. . ----------------- ---------X PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for discovery, inspection and copying by the undersigned counsel for defendants the following: 1. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of checks and any and all other records pertaining to collateral source reimbursements received by plaintiff or on behalf of plaintiff for the special damages alleged in the instant lawsuit. 2. Duly executed authorizations permitting the defendants to obtain the records of any person, institution, facility or governmental agency which has provided or will provide any reimbursement for any of the special damages alleged herein whether or not such person, organization, facility or goverresental agency has been listed in response to Paragraph 1, above. 14 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 3. It isrequested that the aforesaid production be made within twenty (20) days of the date hereof at 10:00 a.m. at the address of the undersigned indicated below. Inspection will be defendants' made and copying will be done at expense and the documents will be returned promptly after copying has been completed. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 15 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------- -----------------------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, DEMAND FOR - against - TAX RECORDS BSC RETAIL OWNER LLC, Defendants. ------------------------ --------------------------X TO: PLAINTIFF PLEAST TAKE FURTHER NOTICE that pursuant to CPLR 3120, the plaintiff(s) is/are hereby required to produce for discovery and inspection at the offices of BRODY & BRANCH LLP, 205 Lexington Avenue, 4th Floor, New York, New York 10016 within twenty (20) days from the date of this demand, the following documents: (1) Copies of the income tax returns filed by the plaintiff and the W2 forms received by Plaintiff, filed within the United States Federal Governmeñt, New York State Government, and with the New York City Government for five (5) years prior to the date of the accident; (2) Plaintiff must provide two (2) forms of identification along with the executed Form No. 4506 (See annexed hereto). PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid, the undersigned will object at the time of trialto the offering of any evidence of loss of earnings of the plaintiff(s) or any other material contained in such documents. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) 16 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintly 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 17 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------ -X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, DEMAND FOR - against - NAMES AND ADDRESSES OF BSC RETAIL OWNER LLC, WITNESSES Defendants. ---------------------------- -------------X PLEASE TAKE NOTICE, that pursuant to CPLR §3101, demand is hereby made that you provide, within twenty (20) days, the names and addresses of all persons known to your client or to you, as attorneys for your client, with respect to the following: 1. Any witnesses to the occurrence and/or events complained ofin the Notice of Claim of plaintiff. 2. Witnesses having knowledge of any alleged: (a) Wrongful act, error or omission allegedly committed or omitted by: (i) The party; (ii) Any other defendant or third-party defendant in this action; (ii) Any person or party not a defendant or third-party defendant in this action. (b) Any allegedly dangerous or defective condition with respect to any premises, instrumentality or device; (c) The condition of the premises, instrumentality or device complained of in this action: (i) Within 30 days prior to the date of the occüucace or event; (ii) At any time subsequent to the occurrence or event. 18 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 3. Any persons having knowledge with respect to any conversations, communications or writings with respect to the circumstances or events referred to in the complaint or in any affirmative defense asserted by any party herein. 4. Any persons having knowledge with respect to any items of special or general damages asserted by plaintiff in the within action or with respect to any set-off or counterclaim by any defendant or third-party Defendant(s). If you are unaware of any witnesses at this time, please provide a statement to that effect. Dated: New York, New York October 29, 2018 Yours, etc. Tanya M. Branch, Esq. Attorneys for Defendant BSC RETAIL OWNER LLC 205 Lexington Avenue, 4th Floor New York, New York 10016 (212) 679-7007 (P) TO: HARMON, LINDER & ROGOWSKY Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 (P) 19 of 36 FILED: KINGS COUNTY CLERK 10/29/2018 11:29 PM INDEX NO. 519727/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/29/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------ -----------------X ARAMINTA CORDERO, Index No.: 519727/2018 Plaintiff, DEMAND FOR NAMES - against - AND ADDRESSES OF EXPERT WITNESSES BSC RETAIL OWNER LLC, Defendants. ----------- ---------------------------------------- X PLEASE TAKE NOTICE, that pursuant to CPLR §3101(d), the following information is