Preview
FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
------------------- ------------------- -X
RONALD WISEMAN, Index No.: 612400/2018
Plaintiff,
-against- COMBINED
DEMANDS
LONG ISLAND UNIVERSITY and TO PLAINTIFF
FPF CONSTRUCTION CORP.
Defendants.
_____..---------------------------------------------X
FPF CONSTRUCTION CORP.,
Third-Party Plaintiff,
-against-
ELITE INTERIOR CONTRACTING
CORPORATION,
Third-Party Defendant.
-------------
------------X
ELITE INTERIOR CONTRACTING
CORPORATION,
Second Third-
Party Plaintiff,
-against-
EDCC SERVICES CORP.,
Second Third-Party Defendant.
_____________________________________________----------------------X
C O U N S E L O R S:
PLEASE TAKE NOTICE that Third-Party Defendant/ Second Third-Party Plaintiff
demand that Plaintiff disclose the following information at the offices of the undersigned within
twenty (20) days of receipt of this notice.
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DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES
The names and addresses of each person known or claimed by you or any party you
represent in this action to be witnesses to:
1. The occurrence alleged in the Complaint in this action;
2. Any acts, omissions, or conditions which allegedly caused the occurrence alleged
in the Complaint in this action;
3. Any actual notice allegedly given to Defendants of any condition which allegedly
caused the occurrence alleged in the Complaint in this action;
4. The nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the Complaint in this action.
NOTICE TO PRODUCE PURSUANT TO CPLR 8 3101(d)
1. Identify by name and address each person whom you will call as an expert witness
at the time of trial.
2. The qualifications of each person whom you intend to call as an expert witness at
the time of trial.
3. The subject matter in reasonable detail upon which the expert is expected to testify.
4. A statement of the facts and opinions upon which the expert is expected to testify.
5. A detailed summary of those facts and opinions.
6. The resume and curriculum vitae of each expert upon whose testimony you will
rely upon at the time of trial, concerning the subject lawsuit.
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NOTICE TO PRODUCE PURSUANT TO CPLR 4 3101(e)
Any statement, signed or unsigned, or copy of any recorded statement or document issued
by or secured from any party represented by the undersigned in this action, or from any agent,
servant, or employee of any party represented by this office.
NOTICE TO PRODUCE PURSUANT TO CPLR 6 3101(f)
A complete copy of any 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.
NOTICE TO PRODUCE PURSUANT TO CPLR 43101(i)
Any and all firms, photographs, video tapes or audio tapes, including transcripts or
memorandum thereof, involving any person enumerated in CPLR §3101(a).
NOTICE TO PRODUCE PURSUANT TO CPLR 63121
(Collateral Source)
1. Identify allhealth care providers who consulted, treated, and/or examined Plaintiff
in connection with injuries alleged to have been sustained by Plaintiff for which recovery is sought
herein.
2. Provide duly acknowledged and executed HIPAA compliant authorizations for the
"1"
release of records maintained by all health care providers identified in response to above.
3. Identify all collateral sources in connection with Plaintiff's medical, physical,
psychological and/or other health care.
4. Provide duly acknowledged and executed HIPAA compliant authorizations for the
"3"
release of records maintained by all collateral sources identified in response to above.
5. Identify allemployers of Plaintiff for the period three (3) years prior to the incident
to the present.
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6. Provide duly acknowledged and executed authorizations for the release of records
"5"
maintained by all employers identified in response to above.
7. Submit to physical examination(s) before physician(s) at a time and location to be
determined.
DEMAND PURSUANT TO THE MEDICARE,
MEDICAID AND SCHIP EXTENSION ACT OF 2007
Pursuant to CPLR §3210(a) and the requirements of Section 111 of the Medicare, Medicaid
and SCHIP Extension Act of 2007 (42 U.S.C. §§1395(y)(b)(7) and (b)(8)), you are hereby required
to provide:
1. The Plaintiff's Medicare Health Insurance Claim Numbers (HICNs), Medicaid file
number, New York State (or other state) Department of Social Services (DSS) filenumber, and/or
Medicare Secondary Payor (MSP) file number, if applicable;
2. A copy of Plaintiff's Social Security Card;
3. If the Plaintiff has applied for or been awarded Medicare and/or Medicaid and/or
DSS and/or MSP benefits, all information/documentation related to the application and/or award
of said benefits;
4. If the Plaintiff has applied for or been awarded Supplemental Security Income (SSI)
or Social Security Disability Income (SSDI), all information/documentation related to the
application and/or award of said benefits.
5. If the Plaintiff has been diagnosed with or treated for end-stage renal failure:
(1) Copies of all written reports and medical records of all attending physicians
and healthcare providers related to said treatment; and
Defendants'
(2) Duly executed unrestricted authorizations enabling the
Defendants'
attorneys and representatives, to inspect, examine and copy the medical
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reports, x-rays, films and/or diagnostic studies, notes and reports of all attending and/or
examining physicians and healthcare providers relating to the diagnosis, etiology,
treatment and prognosis of the injured Plaintiff, diagnosis with or treatment for end-stage
renal failure. Said Defendants further demand that a copy of the attached authorization for
use and disclosure of health information and/or a specific authorization required by each
provider be executed and provided to the undersigned for use in conjunction with this
demand.
6. If the Plaintiff has been denied Medicare, Medicaid, SSI and/or SSDI benefits,
provide all information/documentation concerning any such denial;
7. If the Plaintiff has appealed or intends to appeal the denial of Medicare, Medicaid,
SSI and/or SSDI benefits, provide all information/documentation of any such appeal or intent to
appeal; and
8. State whether Medicare, Medicaid and/or the Social Security Administration has a
lien on any potential award, judgment or settlement in this lawsuit and, ifso, state the amount of
such liens and provide all information/documentation relative to these liens.
PLEASE TAKE NOTICE that the provisions of CPLR §3122 govern this demand and if
the party to whom the notice is directed objects to the disclosure, inspection or examination or
withholds any documents which appear to be within the category of the documents required by
the notice, compliance with CPLR §3122 is required.
DEMAND FOR WORKERS' COMPENSATION AUTHORIZATIONS,
NO FAULT AND SOCIAL SECURITY AUTHORIZATIONS
the address and claim number of claim made the Plaintiff for No-
Identify name, any by
Workers'
Fault, Compensation and/or Social Security benefits. Defendants further demand duly
executed and acknowledged written authorizations allowing the undersigned to obtain copies of
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Workers'
the files maintained by the insurance carrier(s) pertinent to the Compensation, Social
Workers'
Security and No-Fault claims, as well as the file maintained by the Compensation Board.
DEMAND FOR AUTHORIZATION(S) FOR SCHOOL RECORDS
If Plaintiff was a student, provide authorizations permitting the undersigned to obtain
copies of the Plaintiff's school attendance, health and/or scholastic records for the two years prior
to the occurrence and for each subsequent year in which it is claimed that the Plaintiff lost time
from school and/or in which the Plaintiff's abilities to perform scholastic and/or extracurricular
activities was impaired as a result of the occurrence which is the basis for this lawsuit.
DEMAND FOR EMPLOYMENT AUTHORIZATIONS
Provide duly executed and acknowledged written authorizations permitting the
undersigned to obtain the Plaintiff's personnel, employment and/or wage records from the
Plaintiff's employer(s) for the period two (2) years prior to the occurrence which is the basis for
the lawsuit, and for any subsequent year in which it is claimed that the Plaintiff sustained a loss
and/or decrease in income and/or earnings as a result of the aforementioned occurrence.
DEMAND FOR INCOME INFORMATION AND AUTHORIZATIONS
FOR IRS RECORDS PURSUANT TO CPLR 83120
1. True and accurate copies of documentation reflecting income earned by Plaintiff for
three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the
Complaint, including, but not limited to, W-2 Forms, 1099 Forms and any other indicia of income
earned;
2. True and accurate copies of Federal, State and City income tax returns for Plaintiff
for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the
Complaint.
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3. Duly executed and acknowledged written authorizations permitting Defendants to
obtain Internal Revenue Service records, documents and returns relative to plaintiff for one year
after and three years prior to the date of the occurrence alleged in the Complaint.
4. Duly executed and acknowledged written authorizations permitting Defendants to
obtain records and documents relative to Plaintiff's employment.
DEMAND FOR SOCIAL MEDIA INFORMATION PURSUANT TO 63101
Provide duly executed, properly addressed, original authorizations to permit the
Defendants to obtain full access to and copies of Plaintiff's current and historical records and/or
information and photographs on Plaintiff's social media website pages, including but not limited
to Facebook, Myspace, Twitter, Friendster, Flickr, Instagram, Snap Chat and any other social
media websites.
PLEASE TAKE FURTHER NOTICE, that the within requests are to be considered as
continuing, and all parties are requested to provide, by way of supplementary responses thereto,
such additional documents and things allparties or any persons acting on their behalf may hereafter
obtain which will augment, clarify or otherwise modify the answers now given to these
requests. Such supplementary responses are to be served upon counsel for the Defendants within
thirty (30) days after the parties know, or should know, of such documents.
PLEASE TAKE FURTHER NOTICE that upon your failure to produce and/or provide the
aforesaid items at the time and place required in this request, or failure to submit to an examination,
a motion will be made for the appropriate relief to this Court.
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Dated: Woodbury, New York
March 10, 2020
KAUFMAN DOLOWICH & VOLUCK, LLP
Attorneys for Third-Party Defendant/
Second Third-Party Plaintiff
Timothy A.*ÃŽiÃnks, Esq.
135 Crossways Park Drive, Suite 201
Woodbury, New York 11797
(516) 681-1100
TO: Edelman, Krasin & Jaye, PLLC
Attorneys for Plaintiff
7001 Brush Hollow Road - Suite 100
Westbury, New York 11590
Baker Greenspan & Bernstein, Esqs.
Attorneys for Defendant/Third-Party Plaintiff
FPF Construction Corp.
2099 Bellmore Avenue
Bellmore, New York 11710
Cornell Grace, PC
Attorneys for Defendant
Long Island University
111 - Suite 810
Broadway
New York, New York 10006
EDCC Services Corp.
55-14 Grand Avenue
Maspeth, New York 11378
4837-5718-7766, v. 1
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Preview
FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ------------------- ------------------- -X RONALD WISEMAN, Index No.: 612400/2018 Plaintiff, -against- COMBINED DEMANDS LONG ISLAND UNIVERSITY and TO PLAINTIFF FPF CONSTRUCTION CORP. Defendants. _____..---------------------------------------------X FPF CONSTRUCTION CORP., Third-Party Plaintiff, -against- ELITE INTERIOR CONTRACTING CORPORATION, Third-Party Defendant. ------------- ------------X ELITE INTERIOR CONTRACTING CORPORATION, Second Third- Party Plaintiff, -against- EDCC SERVICES CORP., Second Third-Party Defendant. _____________________________________________----------------------X C O U N S E L O R S: PLEASE TAKE NOTICE that Third-Party Defendant/ Second Third-Party Plaintiff demand that Plaintiff disclose the following information at the offices of the undersigned within twenty (20) days of receipt of this notice. 1 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES The names and addresses of each person known or claimed by you or any party you represent in this action to be witnesses to: 1. The occurrence alleged in the Complaint in this action; 2. Any acts, omissions, or conditions which allegedly caused the occurrence alleged in the Complaint in this action; 3. Any actual notice allegedly given to Defendants of any condition which allegedly caused the occurrence alleged in the Complaint in this action; 4. The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Complaint in this action. NOTICE TO PRODUCE PURSUANT TO CPLR 8 3101(d) 1. Identify by name and address each person whom you will call as an expert witness at the time of trial. 2. The qualifications of each person whom you intend to call as an expert witness at the time of trial. 3. The subject matter in reasonable detail upon which the expert is expected to testify. 4. A statement of the facts and opinions upon which the expert is expected to testify. 5. A detailed summary of those facts and opinions. 6. The resume and curriculum vitae of each expert upon whose testimony you will rely upon at the time of trial, concerning the subject lawsuit. 2 2 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 NOTICE TO PRODUCE PURSUANT TO CPLR 4 3101(e) Any statement, signed or unsigned, or copy of any recorded statement or document issued by or secured from any party represented by the undersigned in this action, or from any agent, servant, or employee of any party represented by this office. NOTICE TO PRODUCE PURSUANT TO CPLR 6 3101(f) A complete copy of any 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. NOTICE TO PRODUCE PURSUANT TO CPLR 43101(i) Any and all firms, photographs, video tapes or audio tapes, including transcripts or memorandum thereof, involving any person enumerated in CPLR §3101(a). NOTICE TO PRODUCE PURSUANT TO CPLR 63121 (Collateral Source) 1. Identify allhealth care providers who consulted, treated, and/or examined Plaintiff in connection with injuries alleged to have been sustained by Plaintiff for which recovery is sought herein. 2. Provide duly acknowledged and executed HIPAA compliant authorizations for the "1" release of records maintained by all health care providers identified in response to above. 3. Identify all collateral sources in connection with Plaintiff's medical, physical, psychological and/or other health care. 4. Provide duly acknowledged and executed HIPAA compliant authorizations for the "3" release of records maintained by all collateral sources identified in response to above. 5. Identify allemployers of Plaintiff for the period three (3) years prior to the incident to the present. 3 3 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 6. Provide duly acknowledged and executed authorizations for the release of records "5" maintained by all employers identified in response to above. 7. Submit to physical examination(s) before physician(s) at a time and location to be determined. DEMAND PURSUANT TO THE MEDICARE, MEDICAID AND SCHIP EXTENSION ACT OF 2007 Pursuant to CPLR §3210(a) and the requirements of Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C. §§1395(y)(b)(7) and (b)(8)), you are hereby required to provide: 1. The Plaintiff's Medicare Health Insurance Claim Numbers (HICNs), Medicaid file number, New York State (or other state) Department of Social Services (DSS) filenumber, and/or Medicare Secondary Payor (MSP) file number, if applicable; 2. A copy of Plaintiff's Social Security Card; 3. If the Plaintiff has applied for or been awarded Medicare and/or Medicaid and/or DSS and/or MSP benefits, all information/documentation related to the application and/or award of said benefits; 4. If the Plaintiff has applied for or been awarded Supplemental Security Income (SSI) or Social Security Disability Income (SSDI), all information/documentation related to the application and/or award of said benefits. 5. If the Plaintiff has been diagnosed with or treated for end-stage renal failure: (1) Copies of all written reports and medical records of all attending physicians and healthcare providers related to said treatment; and Defendants' (2) Duly executed unrestricted authorizations enabling the Defendants' attorneys and representatives, to inspect, examine and copy the medical 4 4 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 reports, x-rays, films and/or diagnostic studies, notes and reports of all attending and/or examining physicians and healthcare providers relating to the diagnosis, etiology, treatment and prognosis of the injured Plaintiff, diagnosis with or treatment for end-stage renal failure. Said Defendants further demand that a copy of the attached authorization for use and disclosure of health information and/or a specific authorization required by each provider be executed and provided to the undersigned for use in conjunction with this demand. 6. If the Plaintiff has been denied Medicare, Medicaid, SSI and/or SSDI benefits, provide all information/documentation concerning any such denial; 7. If the Plaintiff has appealed or intends to appeal the denial of Medicare, Medicaid, SSI and/or SSDI benefits, provide all information/documentation of any such appeal or intent to appeal; and 8. State whether Medicare, Medicaid and/or the Social Security Administration has a lien on any potential award, judgment or settlement in this lawsuit and, ifso, state the amount of such liens and provide all information/documentation relative to these liens. PLEASE TAKE NOTICE that the provisions of CPLR §3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or examination or withholds any documents which appear to be within the category of the documents required by the notice, compliance with CPLR §3122 is required. DEMAND FOR WORKERS' COMPENSATION AUTHORIZATIONS, NO FAULT AND SOCIAL SECURITY AUTHORIZATIONS the address and claim number of claim made the Plaintiff for No- Identify name, any by Workers' Fault, Compensation and/or Social Security benefits. Defendants further demand duly executed and acknowledged written authorizations allowing the undersigned to obtain copies of 5 5 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 Workers' the files maintained by the insurance carrier(s) pertinent to the Compensation, Social Workers' Security and No-Fault claims, as well as the file maintained by the Compensation Board. DEMAND FOR AUTHORIZATION(S) FOR SCHOOL RECORDS If Plaintiff was a student, provide authorizations permitting the undersigned to obtain copies of the Plaintiff's school attendance, health and/or scholastic records for the two years prior to the occurrence and for each subsequent year in which it is claimed that the Plaintiff lost time from school and/or in which the Plaintiff's abilities to perform scholastic and/or extracurricular activities was impaired as a result of the occurrence which is the basis for this lawsuit. DEMAND FOR EMPLOYMENT AUTHORIZATIONS Provide duly executed and acknowledged written authorizations permitting the undersigned to obtain the Plaintiff's personnel, employment and/or wage records from the Plaintiff's employer(s) for the period two (2) years prior to the occurrence which is the basis for the lawsuit, and for any subsequent year in which it is claimed that the Plaintiff sustained a loss and/or decrease in income and/or earnings as a result of the aforementioned occurrence. DEMAND FOR INCOME INFORMATION AND AUTHORIZATIONS FOR IRS RECORDS PURSUANT TO CPLR 83120 1. True and accurate copies of documentation reflecting income earned by Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the Complaint, including, but not limited to, W-2 Forms, 1099 Forms and any other indicia of income earned; 2. True and accurate copies of Federal, State and City income tax returns for Plaintiff for three (3) years prior, the year of, and one (1) year subsequent to the occurrence alleged in the Complaint. 6 6 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 3. Duly executed and acknowledged written authorizations permitting Defendants to obtain Internal Revenue Service records, documents and returns relative to plaintiff for one year after and three years prior to the date of the occurrence alleged in the Complaint. 4. Duly executed and acknowledged written authorizations permitting Defendants to obtain records and documents relative to Plaintiff's employment. DEMAND FOR SOCIAL MEDIA INFORMATION PURSUANT TO 63101 Provide duly executed, properly addressed, original authorizations to permit the Defendants to obtain full access to and copies of Plaintiff's current and historical records and/or information and photographs on Plaintiff's social media website pages, including but not limited to Facebook, Myspace, Twitter, Friendster, Flickr, Instagram, Snap Chat and any other social media websites. PLEASE TAKE FURTHER NOTICE, that the within requests are to be considered as continuing, and all parties are requested to provide, by way of supplementary responses thereto, such additional documents and things allparties or any persons acting on their behalf may hereafter obtain which will augment, clarify or otherwise modify the answers now given to these requests. Such supplementary responses are to be served upon counsel for the Defendants within thirty (30) days after the parties know, or should know, of such documents. PLEASE TAKE FURTHER NOTICE that upon your failure to produce and/or provide the aforesaid items at the time and place required in this request, or failure to submit to an examination, a motion will be made for the appropriate relief to this Court. 7 7 of 8 FILED: NASSAU COUNTY CLERK 03/10/2020 01:42 PM INDEX NO. 612400/2018 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 03/10/2020 Dated: Woodbury, New York March 10, 2020 KAUFMAN DOLOWICH & VOLUCK, LLP Attorneys for Third-Party Defendant/ Second Third-Party Plaintiff Timothy A.*ÃŽiÃnks, Esq. 135 Crossways Park Drive, Suite 201 Woodbury, New York 11797 (516) 681-1100 TO: Edelman, Krasin & Jaye, PLLC Attorneys for Plaintiff 7001 Brush Hollow Road - Suite 100 Westbury, New York 11590 Baker Greenspan & Bernstein, Esqs. Attorneys for Defendant/Third-Party Plaintiff FPF Construction Corp. 2099 Bellmore Avenue Bellmore, New York 11710 Cornell Grace, PC Attorneys for Defendant Long Island University 111 - Suite 810 Broadway New York, New York 10006 EDCC Services Corp. 55-14 Grand Avenue Maspeth, New York 11378 4837-5718-7766, v. 1 8 8 of 8