Preview
FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
X
CRYSTAL DAVERN and CYNTHIA MIETH, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiffs,
vs.
Index No. 806368/2018
ARLENE STAMER,
Defendant.
X
S / R 8:
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 (30) days the
following:
WITNESSES
1. The names and addresses of all witnesses known to the Plaintiff
Plaintiffs'
and the 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.
STATEMENTS
2. Any statements of defendant, oral, written or electronically
recorded, from any party we represent, including any alleged admissions or statements
against interest.
PHOTOGRAPHS
3. Any photographs of the following:
(a) The site of the alleged occurrence.
(b) Any instrumentalities involved.
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ACCIDENT REPORTS
4. Any accident reports.
DIAGRAMS, DRAWINGS, NOTES, RECORDS, ETC.
5. Any diagrams, drawings, notes, records, etc., made from any
information provided by any client we represent.
EXPERT WITNESSES
6. The name and address of each and every person you expect to call
as an expert witness at the trial of this action:
(a) In reasonable detail, the subject matter on which each expert
is expected to testify;
(b) The substance of the facts and opinions on which each
expert is expected to testify;
(c) The qualifications of each expert witness, and;
(d) A summary of the grounds for each expert's opinion.
HIPAA AUTHORIZATIONS
7. Duly executed HIPAA authorizations unlimited in time for all
providers, including but not limited to ambulance, hospital, primary care physician, PT,
chiropractor, orthopedist, neurologist, neurosurgeon, radiologist, etc. Please ensure the
HIPAA authorizations allow Law Offices of John Trop or a representative of Compex to
obtain the requested records.
ARONS SPEAKING AUTHORIZATIONS
8. Duly executed Arons speaking authorizations for all providers,
including but not limited to ambulance, hospital, primary care physician, PT,
chiropractor, orthopedist, neurologist, neurosurgeon, radiologist, etc. Arons v.
(4th
Jutkowitz, 9 NY3d 393, 416 (2007); Grieco v Kaleida Health, 82 AD3d 1671 Dept.
2011) (Supreme Court properly compelled plaintiff to execute Arons medical
authorizations permitting defendants to interview decedent's treating physicians).
(2nd
Bianchi v. Galster Management Corp., ., 131 AD3d 558 Dept. 2015) (defendant
entitled to depose non-party treating physician, and satisfied notice requirement by
attaching an Arons authorization).
NO-FAULT (PIP) AUTHORIZATIONS 8 APPLICATIONS
9. (a) Duly executed HIPAA authorization for a copy of the no-fault
file of plaintiffs, including any no-fault IMEs.
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(b) Duly executed HIPAA authorization for a copy of the no-fault
file of plaintiff(s), including any no-fault applications. Harris v. Schmidt, 117 AD3d 1569
(4th
Dept. 2014).
EMPLOYMENT AUTHORIZATIONS
10. Duly executed authorization for the employment records of
plaintiffs.
TAX RETURNS
11. Copies of City, State and Federal Income Tax Records for the
period commencing five (5) years prior to the date of the subject occurrence and for all
subsequent years up to and including the present. Ifsuch 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.
NO-FAULT APPLICATIONS 8 AUTHORIZATIONS
12. Ifa 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 no-fault application:
(a) Set forth the name, address, policy number, and claim
which'
number of each company to which a claim has been or will
be made.
(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'
COMPENSATION APPLICATIONS 8 AUTHORIZATIONS
Workers'
13. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to each and every application:
(a) Set forth the name, address, policy number and claim
number to which a claim has been or will be made, together
Workers'
with the Compensation Board file number.
Set forth duly executed and acknowledged written
(b)
authorizations enabling the undersigned to obtain the
records relating to the Plaintiff from each company identified
in the response to paragraph "(a)".
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SOCIAL SECURITY APPLICATIONS 8 AUTHORIZATIONS
14. Ifa 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.
MEDICARE APPLICATIONS 8 AUTHORIZATIONS
15. If plaintiff has or is going to within three (3) years of the end of this
lawsuit file for Medicare benefits, with respect to each and every application:
(a) Set forth the claim office, the address, and the claim number
assigned; and,
(b) Set forth duly executed and acknowledged written
authorizations enabling the undersigned to obtain the
records relating to the plaintiff; and,
(c) Set forth an itemization of any Medicare payments for
expenses that are related to the injuries claimed in this
lawsuit.
COLLATERAL SOURCES
16. 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 limited to, insurance agreements, Social Security,
Workers'
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
Plaintiff and for which recovery is sought in the instant
action; and,
(b) A written statement setting forth any and all such collateral
sources and their amounts; and,
(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.
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WAGES
17. Withholding statements, pay envelopes, deposit slips, W-2s, and
any other evidence of income earned by Plaintiff for the current calendar year.
BILLS
18. Copies of any and all bills, statements or receipts relating to any
non-medical expense claimed as damages in this lawsuit which have not been
produced in response to any of the preceding paragraphs.
REPAIR ESTIMATES
19. 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.
RELEASES
20. Any releases, and any other type of settlement agreements
between Plaintiffs and any other party which may have been responsible for the
damages claimed by Plaintiffs.
MEDICAL RECORDS
23. Copies of all medical notes, records, reports, billings, and writings,
including but not limited to: ambulance, hospital, primary care physician, orthopedist,
neurologist, neurosurgeon, general surgeon, physical therapy, film studies (x-rays, CT,
MRI, bone scan, etc.), and chiropractors.
NO-FAULT / WORKERS COMPENSATION / DISABILITY IMES
24. Copies of all no-fault, workers compensation, disability, and
other Independent Medical Examinations and Peer Reviews regarding plaintiff.
BANKRUPTCY FILINGS
25. Copies of all bankruptcy filings, papers, submissions, writings, and
orders involving plaintiffs for the past five (5) years.
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018
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, as these demands are
ongoing up to and including the time of trial.
-r
DATED: Rochester, NY
May 10, 2018
Yours, etc.,
Law Offices of John Trop
Tiffany L. D'Angelo, Esq.
Attorney for Defendant
ARLENE STAMER
100 Meridian Centre Blvd. Suite 220
Rochester, NY 14618
(585) 613-0483
TO: Joseph C. Todoro, Esq.
SPADAFORA 8 VERRASTRO, LLP
Attorney for Plaintiff
2 Symphony Circle
Buffalo, NY 14201-1340
716-854-1111
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FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
X
CRYSTAL DAVERN and CYNTHIA MlETH, DEMAND FOR COPIES OF
PLAINTIFF'S MEDICAL REPORTS
Plaintiffs,
vs.
Index No. 806368/2018
ARLENE STAMER,
Defendant.
X
S IR S:
PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New
York State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to:
1. Serve upon and deliver to the attorney for the Defendant(s) copies
of the medical reports of those physicians who have treated or
examined the Plaintiff. These shall include a detailed recital of the
alleged injuries and conditions which plaintiff alleges were caused
or aggravated by the accident in question.
2. Serve upon and deliver to the attorney for the Defendant(s) duly
executed and acknowledged written HIPAA compliant
authorizations permitting Defendant(s) to obtain and make copies
of all hospital records and such other records, including x-rays, CT,
MRI studies, plus any other providers including but not limited to
chiropractors, orthopedists, neurologists, neurosurgeons, physical
therapists, and radiologists.
3. Serve upon and deliver to the attorney for the Defendant(s) copies
of allgraphic, numerical, symbolic, digital, film, video, computer
generated, computer enhanced or otherwise produced
electronically and/or digitally, photographic or pictorial
representations regarding any surgeries, procedures, treatments,
admissions, office visits, injuries, scene of the accident or the
vehicles or instrumentalities involved, disabilities, medical or
diagnostic procedures or tests, performed by or on behalf of the
plaintiff(s) herein or by any facility or person regarding the claims of
the plaintiff(s) herein.
f
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018
PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this
demand, the Plaintiff(s) will be precluded upon the trial of the within action from offering
in evidence or testifying as to any of the reports, records or examination demanded
herein.
DATED: Rochester, NY
May 10, 2018
Yours, etc.,
Law Offices of John Trop
."~P~+~
Tiffany L. D'Angelo, Esq.
Attorney for Defendant
ARLENE STAMER
100 Meridian Centre Blvd. Suite 220
Rochester, NY 14618
(585) 613-0483
TO: Joseph C. Todoro, Esq.
SPADAFORA 8 VERRASTRO, LLP
Attorney for Plaintiff
2 Symphony Circle
Buffalo, NY 14201-1340
71 6-854-1 11 1
8 of 28
FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
X
CRYSTAL DAVERN and CYNTHIA MIETH, NOTICE TO PRODUCE
Plaintiffs,
vs.
Index No. 806368/2018
ARLENE STAMER,
Defendant.
X
I R S:
PLEASE TAKE NOTICE that, pursuant to CPLR 3120(1), defendant hereby
demands that plaintiff shall produce and permit for inspection and copying, to the below
address, no later than thirty (30) days from the date of this Notice To Produce, the
following:
1. AII medical records of plaintiff that pre and post-date the accident date
alleged in the complaint, regarding all body parts claimed injured in the
subject accident, to include but not limited to ambulance, hospital, PCP,
specialist, radiologists, PT, and chiropractor;
2. All film studies of plaintiff that pre and post-date the accident date alleged
in the compliant, regarding all body parts claim d injured in the subject
accident;
3. No-fault records for plaintiff's MVA on the accident date alleged in the
complaint, including but not limited to no-fault applications; records; IMEs;
and wage documentation; and
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Workers'
4. Any no-fault and/or Compensation IMEs for plaintiff's MVA on
the accident date alleged in the complaint.
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, as these demands are
ongoing up to and including the time of trial.
DATED: Rochester, NY
May 10, 2018
Yours, etc.,
Law Offices of John Trop
iA~,r '~ m~
Preview
FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE X CRYSTAL DAVERN and CYNTHIA MIETH, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiffs, vs. Index No. 806368/2018 ARLENE STAMER, Defendant. X S / R 8: 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 (30) days the following: WITNESSES 1. The names and addresses of all witnesses known to the Plaintiff Plaintiffs' and the 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. STATEMENTS 2. Any statements of defendant, oral, written or electronically recorded, from any party we represent, including any alleged admissions or statements against interest. PHOTOGRAPHS 3. Any photographs of the following: (a) The site of the alleged occurrence. (b) Any instrumentalities involved. 1 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 ACCIDENT REPORTS 4. Any accident reports. DIAGRAMS, DRAWINGS, NOTES, RECORDS, ETC. 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. EXPERT WITNESSES 6. The name and address of each and every person you expect to call as an expert witness at the trial of this action: (a) In reasonable detail, the subject matter on which each expert is expected to testify; (b) The substance of the facts and opinions on which each expert is expected to testify; (c) The qualifications of each expert witness, and; (d) A summary of the grounds for each expert's opinion. HIPAA AUTHORIZATIONS 7. Duly executed HIPAA authorizations unlimited in time for all providers, including but not limited to ambulance, hospital, primary care physician, PT, chiropractor, orthopedist, neurologist, neurosurgeon, radiologist, etc. Please ensure the HIPAA authorizations allow Law Offices of John Trop or a representative of Compex to obtain the requested records. ARONS SPEAKING AUTHORIZATIONS 8. Duly executed Arons speaking authorizations for all providers, including but not limited to ambulance, hospital, primary care physician, PT, chiropractor, orthopedist, neurologist, neurosurgeon, radiologist, etc. Arons v. (4th Jutkowitz, 9 NY3d 393, 416 (2007); Grieco v Kaleida Health, 82 AD3d 1671 Dept. 2011) (Supreme Court properly compelled plaintiff to execute Arons medical authorizations permitting defendants to interview decedent's treating physicians). (2nd Bianchi v. Galster Management Corp., ., 131 AD3d 558 Dept. 2015) (defendant entitled to depose non-party treating physician, and satisfied notice requirement by attaching an Arons authorization). NO-FAULT (PIP) AUTHORIZATIONS 8 APPLICATIONS 9. (a) Duly executed HIPAA authorization for a copy of the no-fault file of plaintiffs, including any no-fault IMEs. 2 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 (b) Duly executed HIPAA authorization for a copy of the no-fault file of plaintiff(s), including any no-fault applications. Harris v. Schmidt, 117 AD3d 1569 (4th Dept. 2014). EMPLOYMENT AUTHORIZATIONS 10. Duly executed authorization for the employment records of plaintiffs. TAX RETURNS 11. Copies of City, State and Federal Income Tax Records for the period commencing five (5) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. Ifsuch 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. NO-FAULT APPLICATIONS 8 AUTHORIZATIONS 12. Ifa 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 no-fault application: (a) Set forth the name, address, policy number, and claim which' number of each company to which a claim has been or will be made. (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' COMPENSATION APPLICATIONS 8 AUTHORIZATIONS Workers' 13. If a claim has or will be made pursuant to the terms of the Compensation Law, with respect to each and every application: (a) Set forth the name, address, policy number and claim number to which a claim has been or will be made, together Workers' with the Compensation Board file number. Set forth duly executed and acknowledged written (b) authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to paragraph "(a)". 3 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 SOCIAL SECURITY APPLICATIONS 8 AUTHORIZATIONS 14. Ifa 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. MEDICARE APPLICATIONS 8 AUTHORIZATIONS 15. If plaintiff has or is going to within three (3) years of the end of this lawsuit file for Medicare benefits, with respect to each and every application: (a) Set forth the claim office, the address, and the claim number assigned; and, (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the plaintiff; and, (c) Set forth an itemization of any Medicare payments for expenses that are related to the injuries claimed in this lawsuit. COLLATERAL SOURCES 16. 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 limited to, insurance agreements, Social Security, Workers' 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 Plaintiff and for which recovery is sought in the instant action; and, (b) A written statement setting forth any and all such collateral sources and their amounts; and, (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. 4 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 WAGES 17. Withholding statements, pay envelopes, deposit slips, W-2s, and any other evidence of income earned by Plaintiff for the current calendar year. BILLS 18. Copies of any and all bills, statements or receipts relating to any non-medical expense claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. REPAIR ESTIMATES 19. 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. RELEASES 20. Any releases, and any other type of settlement agreements between Plaintiffs and any other party which may have been responsible for the damages claimed by Plaintiffs. MEDICAL RECORDS 23. Copies of all medical notes, records, reports, billings, and writings, including but not limited to: ambulance, hospital, primary care physician, orthopedist, neurologist, neurosurgeon, general surgeon, physical therapy, film studies (x-rays, CT, MRI, bone scan, etc.), and chiropractors. NO-FAULT / WORKERS COMPENSATION / DISABILITY IMES 24. Copies of all no-fault, workers compensation, disability, and other Independent Medical Examinations and Peer Reviews regarding plaintiff. BANKRUPTCY FILINGS 25. Copies of all bankruptcy filings, papers, submissions, writings, and orders involving plaintiffs for the past five (5) years. 5 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 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, as these demands are ongoing up to and including the time of trial. -r DATED: Rochester, NY May 10, 2018 Yours, etc., Law Offices of John Trop Tiffany L. D'Angelo, Esq. Attorney for Defendant ARLENE STAMER 100 Meridian Centre Blvd. Suite 220 Rochester, NY 14618 (585) 613-0483 TO: Joseph C. Todoro, Esq. SPADAFORA 8 VERRASTRO, LLP Attorney for Plaintiff 2 Symphony Circle Buffalo, NY 14201-1340 716-854-1111 6 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE X CRYSTAL DAVERN and CYNTHIA MlETH, DEMAND FOR COPIES OF PLAINTIFF'S MEDICAL REPORTS Plaintiffs, vs. Index No. 806368/2018 ARLENE STAMER, Defendant. X S IR S: PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to: 1. Serve upon and deliver to the attorney for the Defendant(s) copies of the medical reports of those physicians who have treated or examined the Plaintiff. These shall include a detailed recital of the alleged injuries and conditions which plaintiff alleges were caused or aggravated by the accident in question. 2. Serve upon and deliver to the attorney for the Defendant(s) duly executed and acknowledged written HIPAA compliant authorizations permitting Defendant(s) to obtain and make copies of all hospital records and such other records, including x-rays, CT, MRI studies, plus any other providers including but not limited to chiropractors, orthopedists, neurologists, neurosurgeons, physical therapists, and radiologists. 3. Serve upon and deliver to the attorney for the Defendant(s) copies of allgraphic, numerical, symbolic, digital, film, video, computer generated, computer enhanced or otherwise produced electronically and/or digitally, photographic or pictorial representations regarding any surgeries, procedures, treatments, admissions, office visits, injuries, scene of the accident or the vehicles or instrumentalities involved, disabilities, medical or diagnostic procedures or tests, performed by or on behalf of the plaintiff(s) herein or by any facility or person regarding the claims of the plaintiff(s) herein. f 7 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this demand, the Plaintiff(s) will be precluded upon the trial of the within action from offering in evidence or testifying as to any of the reports, records or examination demanded herein. DATED: Rochester, NY May 10, 2018 Yours, etc., Law Offices of John Trop ."~P~+~ Tiffany L. D'Angelo, Esq. Attorney for Defendant ARLENE STAMER 100 Meridian Centre Blvd. Suite 220 Rochester, NY 14618 (585) 613-0483 TO: Joseph C. Todoro, Esq. SPADAFORA 8 VERRASTRO, LLP Attorney for Plaintiff 2 Symphony Circle Buffalo, NY 14201-1340 71 6-854-1 11 1 8 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE X CRYSTAL DAVERN and CYNTHIA MIETH, NOTICE TO PRODUCE Plaintiffs, vs. Index No. 806368/2018 ARLENE STAMER, Defendant. X I R S: PLEASE TAKE NOTICE that, pursuant to CPLR 3120(1), defendant hereby demands that plaintiff shall produce and permit for inspection and copying, to the below address, no later than thirty (30) days from the date of this Notice To Produce, the following: 1. AII medical records of plaintiff that pre and post-date the accident date alleged in the complaint, regarding all body parts claimed injured in the subject accident, to include but not limited to ambulance, hospital, PCP, specialist, radiologists, PT, and chiropractor; 2. All film studies of plaintiff that pre and post-date the accident date alleged in the compliant, regarding all body parts claim d injured in the subject accident; 3. No-fault records for plaintiff's MVA on the accident date alleged in the complaint, including but not limited to no-fault applications; records; IMEs; and wage documentation; and 9 of 28 FILED: ERIE COUNTY CLERK 05/10/2018 10:43 AM INDEX NO. 806368/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/10/2018 Workers' 4. Any no-fault and/or Compensation IMEs for plaintiff's MVA on the accident date alleged in the complaint. 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, as these demands are ongoing up to and including the time of trial. DATED: Rochester, NY May 10, 2018 Yours, etc., Law Offices of John Trop iA~,r '~ m~