Preview
FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
_____---____..------ -------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR A
-against- VERIFIED BILL OF
PARTICULARS
EDWARD CAPELLAN ROJAS,
Defendant.
---------------------------- -----------------------------X
S I R S :
PLEASE TAKE NOTICE that the undersigned demands that within ten (10) days of
service hereof, you serve a verified billof particulars as to the plaintiff, as follows:
1. State the date and hour of the accident.
2. State the exact place of the occurrence of the accident.
3. State the name of the street upon which and the direction in which itwill be claimed each
motor vehicle was proceeding at the time of the accident.
4. State the part or portion of each of the motor vehicles involved which came into contact with
each other or with plaintiff's.
5. State each and every act of negligence, either of omission or commission which itwill be
claimed was committed by defendant, EDWARD CAPELLANROJAS, together with any
specific ordinance or statute that will be claimed to have been violated.
6. State the nature, location, duration and extent of each and every injury claimed to have been
sustained by the plaintiff, HECTOR J. BATISTA.
7. State particularly each injury claimed to be permanent, and in what respect itis claimed to
be permanent.
8. State the length of time itis claimed the plaintiff, HECTOR J. BATISTA, was confined to
each of the following:
(a) hospital;
(b) bed;
(c) at home.
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9. State the amount of expenses which plaintiff, HECTOR J. BATISTA, claims to have
incurred for:
(a) hospitals;
(b) physicians;
(c) nurses;
(d) all other.
10. State the length of time plaintiff, HECTOR J. BATISTA, was unable to attend to his usual
business and the amount of wages or earnings claimed to have gone unpaid by his employer
by reason of the occurrence; state the name and address of the employer, the nature of his
employment and the amount of weekly or monthly earnings.
11. State the plaintiff's age, address and social security number.
defendants'
12. State each item of damage claimed to plaintiff's and motor vehicles, if any,
together with an itemized statement of the cost of repair thereof; itsdescription as to year,
make and model; itsclaimed market value immediately prior to the accident and immediately
thereafter; and the amount claimed, ifany, for loss of use thereof.
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By
Philomena Basuk
O'CONNOR McGUINNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9"'
111 Broadway, Floor
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------------------------------------------------------------------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
NOTICE PURSUANT TO
-against- CPLR §2103(b)(5)
EDWARD CAPELLAN ROJAS,
Defendant.
--------------- ¬----------------------------------------X
S I R S :
PLEASE TAKE NOTICE that the defendant, EDWARD CAPELLANROJAS, by his
attorneys, O'CONNOR McGUlNNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP,
rescinds any implied consent to accept the service of documents by electronic means pursuant to
CPLR §2103(b)(5).
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By
Philomena Basuk
O'CONNOR McGUINNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway, FlOOr
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
________.....------------ ¬---------------------------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR
-against- STATEMENTS
EDWARD CAPELLAN ROJAS,
Defendant.
--- ¬-------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that the defendant, EDWARD CAPELLANROJASby his
attorneys, O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP,
hereby demands that a copy of any statements whether oral, written, visual, photographic or
electronically recorded taken from the plaintiff, HECTOR J. BATISTA, his servants, agents and/or
employees, by or on behalf of the plaintiff and defendants concerning the occurrence set forth in
plaintiff's complaint herein be furnished to the aforesaid attorneys pursuant to CPLR 3101(e).
PLEASE TAKE FURTHER NOTICE that we demand that within ten (10) days of the
service of this notice upon you, that we receive copies of said statements or a notice stating that you
have no such statements.
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By
Philomena Basuk
O'CONNOR McGUINNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
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TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway, Floor
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------. ¬------------------------------------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR
-against- PHOTOGRAPHS
EDWARD CAPELLAN ROJAS,
Defendant.
---------------------------------------------------------------------X
S I R S :
PLEASE TAKE NOTICE that pursuant to Section 3120 ofthe Civil Practice Law and Rules,
the defendant, EDWARD CAPELLANROJAS, demands that plaintiff produces and permits
discovery by the defendant, his attorneys, or others acting on his behalf, within twenty (20) days after
the receipt of this notice, of the following articles, documents and things for inspection, copying,
testing and photographing:
1. Duplicate originals of photographs and/or video tapes in the possession of plaintiff
or plaintiff's representatives and/or the defendant or defendant's representatives,
allegedly depicting the scene of the occurrence and condition of the scene of the
occurrence at or about the time of the alleged incident.
2. Duplicate originals of photographs and/or video tapes and/or other electronic
recordings in the possession of plaintiff or plaintiff's representatives and/or the
defendant or defendant's representatives, which depict any of the injuries
alleged in the plaintiff s complaint.
3. Duplicate originals of photographs and/or videotapes and/or other electronic
recordings in the possession of plaintiff or plaintiff s representatives and/or the
defendant or defendant's representatives, which depict the defendant's features
and/or physical conditions at the time prior to the occurrence which is the subject of
this lawsuit and which the defendant or defendant's representatives intend to offer
into evidence at the time of trial.
Dated: White Plains, New York
September 17, 2018
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Yours, etc.
By
Philomena Basuk
O'CONNOR McGUlNNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway,
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
-------------------------------------------- ------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR
-against- COLLATERAL SOURCE
INFORMATION
EDWARD CAPELLAN ROJAS,
Defendant.
------------------------------------------------ X
S I R S:
PLEASE TAKE NOTICE, that the defendant, EDWARD CAPELLANROJAS, pursuant to
CPLR Sections 3101 and 4545(a), hereby demands that the plaintiff provides the said defendant with
a verified statement with respect to the following questions:
physicians'
1. If the plaintiff claims monetary damage by reason of expenses, state the
name and address of each physician who rendered medical care and treatment to plaintiff, HECTOR
J. BATISTA, the amount of each such physician's expense, and the amount received or the amount
which plaintiff is entitled to receive under any collateral source, including Blue Cross/Blue Shield
or major medical insurance coverage, or other disability insurance plan, for each such physician's
expense. State the name and address of the collateral source applicable for each of the physicians
listed in response to the above.
2. Ifthe plaintiff claims monetary damage by reason ofhospital expenses, state the name
and address of each hospital in which care and treatment was rendered to the plaintiff, HECTOR J.
BATISTA, the amount of each such hospital expenses and the amount received or the amount which
plaintiffis entitled to receive under any collateral source, including Blue Cross/Blue Shield or major
medical insurance coverage, or other disability insurance plan for each such hospital expense. State
the name and address of the collateral source applicable for each of the hospitals listed in response
to the above.
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3. If the plaintiff claims monetary damages by reason of any other medical costs,
including nursing service, home care, medication or medical apparatus, state the amount of each of
these expenses, the name and address of each payee, and the amount received or the amount which
plaintiff is entitled to receive under any collateral source including Blue Cross/Blue Shield or major
medical insurance coverage, or other disability insurance plan, for each of these expenses. State the
name and address of the collateral source applicable for each of the payees listed in response to the
above.
4. Ifthe plaintiff claims monetary damages in the nature of lost earnings, state the
alleged amount of the lost earnings; the alleged gross wage immediately prior to the accident; the
name and address of the employer; the amount of remuneration received for wages and the source
Workers'
of said remuneration after the accident, including Compensation, union benefits,
employees'
benefit plans, or other collateral source.
5. State the monetary amount of any other alleged special damage, and the amounts
received from any collateral source, including insurance, Social Security (except those benefits
Workers' employees'
provided under Title XVIII of the Social Security Act), Compensation, or
benefits programs, except such collateral sources entitled by law to liens against any recovery of the
plaintiff.
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By /
Philomena Basuk
O'CONNOR McGUlNNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
9 of 44
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TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway, FlOOr
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
____________----------------------------..----- ¬----X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR
-against- AUTHORIZATIONS
AND REPORTS
EDWARD CAPELLAN ROJAS,
Defendant.
--------------------------------- --------X
S I R S:
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, demand is hereby made
upon you to furnish the undersigned, within twenty (20) days after the receipt of this notice, duly
executed authorizations permitting the undersigned to secure copies of any and all hospital records
referable to hospitals at which the plaintiff, HECTOR J.BATISTA, was confined, received treatment
or advice concerning the injuries referred to in the complaint.
Demand is additionally made pursuant to CPLR Section 3120 for authorizations to secure
copies of the office records of all treating physicians concerning their care and treatment of this
patient.
Pursuant to the Rules of the Appellate Division, demand is hereby made for copies of the
medical reports of those physicians who have treated or examined the plaintiff, HECTOR J.
BATISTA, and who will testify on the plaintiff's behalf. These shall include a detailed recital of the
injuries and conditions as to which testimony will be offered at the trial, referring to and identifying
technicians'
those x-rays and reports which will be offered at the trial.
The defendant demands that the authorizations provided be issued in conformity with the
Health Information Portability and Accountability Act (HIPAA) and be completed in itsentirety by
the patient or person legally empowered to act on behalf of this patient. Any authorization which
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does not comply with this request will be considered a nullity and in violation of the Rules of the
CPLR.
Failure to comply with this request will make the plaintiff subject to the applicable provisions
of the Civil Practice Law and Rules, including, but not limited to, the preclusion of the introduction
of medical testimony.
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By
Philo ena Basuk
O'CONNOR McGUINNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway, FlOOr
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------------------------------------- ----X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR NAMES
-against- AND ADDRESSES FOR
EYEWITNESSES
EDWARD CAPELLAN ROJAS,
Defendant.
---------------------------------------- ¬-------- ¬--X
S I R S :
PLEASE TAKE NOTICE that, pursuant to CPLR Section 3101(a) and Rule 3120(a), the
undersigned demands that you produce for the following within twenty (20) days of receipt hereof:
1. Names and addresses of all persons claimed by plaintiff to have either witnessed the
occurrence referred to in plaintiff's complaint or to have firsthand knowledge of the
occurrence, whether obtained by his attorney or representative. If no such persons
are known to plaintiff or his representatives, so state in reply to this demand.
PLEASE TAKE FURTHERNOTICE that, ifthe plaintiff or his representatives obtain names
and addresses of persons who witnessed the occurrence or have firsthand knowledge of the
occurrence subsequent to the service of this demand, such information must be furnished to the
undersigned. Ifthis demand is ignored, this defendant will object at thetime oftrial to the testimony
of any persons not so identified.
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By
Philomena Basuk
O'CONNOR McGUINNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
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TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway, FlOOr
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------------------------------------------------------------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR
-against- EXPERT WITNESS
INFORMATION
EDWARD CAPELLAN ROJAS,
Defendant.
---------------------..----.---------------------------X
S I R S:
PLEASE TAKE NOTICE that defendant, GARY LEE MORRISON, II,by his attorneys
O'CONNOR McGU1NNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP, hereby
demands pursuant to CPLR 3101(d), that you disclose the following:
1. Set forth the name and address of each person whom the plaintiff expects to call as
an expert witness at trial;
2. the professional qualifications of each of the plaintiff's experts, commencing with
college and/or medical or specialty school and continuing up to the present time;
3. the subject matter upon which each expert is expected to testify;
4. the substance of the facts and opinions upon which expert is expected to testify;
5. the opinion or opinions each expert will render at the time of trial;
6. a summary of the grounds for each expert's opinion; and
7. copies of all video tapes, edited and unedited, photographs, negatives, charts and/or
diagrams and other demonstrative evidence including models which the expert
witness will utilize at the time of trial.
PLEASE TAKE FURTHERNOTICE that a response to this Demand must be served within
thirty (30) days after receipt hereof. In the event that you are unable to respond within the 30 day
period of time, please provide a response so indicating.
PLEASE TAKE FURTHER NOTICE that this is a continuing Demand and plaintiff is
required to provide the information demanded above when and ifadditional experts are retained by
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the plaintiff or the plaintiff's attorneys or additional reports are submitted by plaintiff's experts to
plaintiff or plaintiff's counsel.
PLEASE TAKE FURTHER NOTICE that failure to comply will result in an application to
the Court for appropriate sanctions.
Dated: White Plains, New York
September 17, 2018
Yours, etc.
By
Philomena Basuk
O'CONNOR McGUlNNESS CONTE
DOYLE OLESON WATSON &
LOFTUS, LLP
Attorneys for Defendant
EDWARD CAPELLANROJAS
s/h/a EDWARD CAPELLAN ROJAS
One Barker Avenue, Suite 675
White Plains, New York 10601
(914) 948-4500
TO: MARK E. SEITELMAN LAW OFFICES, P.C.
Attorneys for Plaintiff
9th
111 Broadway, FlOOr
New York, New York 10006-1901
(212) 962-2626
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
----------------- ----- ¬---------------------------X
HECTOR J. BATISTA,
Index No.: EF008485/2018
Plaintiff,
DEMAND FOR
-against- INSURANCE
INFORMATION
EDWARD CAPELLAN ROJAS,
Defendant.
---------------------------------------------------------------------X
SIRS:
Pursuant to Section 3101(f) of the CPLR, the undersigned demands that the following
insurance information be furnished within the (10) days by the party:
1. State whether you have insurance agreements under which any insurance company
may be liable to satisfy part or all of a judgment which may be entered in the action
or to indemnify or reimburse for payments made to sa
Preview
FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE _____---____..------ -------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR A -against- VERIFIED BILL OF PARTICULARS EDWARD CAPELLAN ROJAS, Defendant. ---------------------------- -----------------------------X S I R S : PLEASE TAKE NOTICE that the undersigned demands that within ten (10) days of service hereof, you serve a verified billof particulars as to the plaintiff, as follows: 1. State the date and hour of the accident. 2. State the exact place of the occurrence of the accident. 3. State the name of the street upon which and the direction in which itwill be claimed each motor vehicle was proceeding at the time of the accident. 4. State the part or portion of each of the motor vehicles involved which came into contact with each other or with plaintiff's. 5. State each and every act of negligence, either of omission or commission which itwill be claimed was committed by defendant, EDWARD CAPELLANROJAS, together with any specific ordinance or statute that will be claimed to have been violated. 6. State the nature, location, duration and extent of each and every injury claimed to have been sustained by the plaintiff, HECTOR J. BATISTA. 7. State particularly each injury claimed to be permanent, and in what respect itis claimed to be permanent. 8. State the length of time itis claimed the plaintiff, HECTOR J. BATISTA, was confined to each of the following: (a) hospital; (b) bed; (c) at home. 1 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 9. State the amount of expenses which plaintiff, HECTOR J. BATISTA, claims to have incurred for: (a) hospitals; (b) physicians; (c) nurses; (d) all other. 10. State the length of time plaintiff, HECTOR J. BATISTA, was unable to attend to his usual business and the amount of wages or earnings claimed to have gone unpaid by his employer by reason of the occurrence; state the name and address of the employer, the nature of his employment and the amount of weekly or monthly earnings. 11. State the plaintiff's age, address and social security number. defendants' 12. State each item of damage claimed to plaintiff's and motor vehicles, if any, together with an itemized statement of the cost of repair thereof; itsdescription as to year, make and model; itsclaimed market value immediately prior to the accident and immediately thereafter; and the amount claimed, ifany, for loss of use thereof. Dated: White Plains, New York September 17, 2018 Yours, etc. By Philomena Basuk O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9"' 111 Broadway, Floor New York, New York 10006-1901 (212) 962-2626 2 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------------------------------------------------------------------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, NOTICE PURSUANT TO -against- CPLR §2103(b)(5) EDWARD CAPELLAN ROJAS, Defendant. --------------- ¬----------------------------------------X S I R S : PLEASE TAKE NOTICE that the defendant, EDWARD CAPELLANROJAS, by his attorneys, O'CONNOR McGUlNNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP, rescinds any implied consent to accept the service of documents by electronic means pursuant to CPLR §2103(b)(5). Dated: White Plains, New York September 17, 2018 Yours, etc. By Philomena Basuk O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, FlOOr New York, New York 10006-1901 (212) 962-2626 3 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ________.....------------ ¬---------------------------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR -against- STATEMENTS EDWARD CAPELLAN ROJAS, Defendant. --- ¬-------------------------------------X S I R S: PLEASE TAKE NOTICE, that the defendant, EDWARD CAPELLANROJASby his attorneys, O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP, hereby demands that a copy of any statements whether oral, written, visual, photographic or electronically recorded taken from the plaintiff, HECTOR J. BATISTA, his servants, agents and/or employees, by or on behalf of the plaintiff and defendants concerning the occurrence set forth in plaintiff's complaint herein be furnished to the aforesaid attorneys pursuant to CPLR 3101(e). PLEASE TAKE FURTHER NOTICE that we demand that within ten (10) days of the service of this notice upon you, that we receive copies of said statements or a notice stating that you have no such statements. Dated: White Plains, New York September 17, 2018 Yours, etc. By Philomena Basuk O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 4 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, Floor New York, New York 10006-1901 (212) 962-2626 5 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------. ¬------------------------------------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR -against- PHOTOGRAPHS EDWARD CAPELLAN ROJAS, Defendant. ---------------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE that pursuant to Section 3120 ofthe Civil Practice Law and Rules, the defendant, EDWARD CAPELLANROJAS, demands that plaintiff produces and permits discovery by the defendant, his attorneys, or others acting on his behalf, within twenty (20) days after the receipt of this notice, of the following articles, documents and things for inspection, copying, testing and photographing: 1. Duplicate originals of photographs and/or video tapes in the possession of plaintiff or plaintiff's representatives and/or the defendant or defendant's representatives, allegedly depicting the scene of the occurrence and condition of the scene of the occurrence at or about the time of the alleged incident. 2. Duplicate originals of photographs and/or video tapes and/or other electronic recordings in the possession of plaintiff or plaintiff's representatives and/or the defendant or defendant's representatives, which depict any of the injuries alleged in the plaintiff s complaint. 3. Duplicate originals of photographs and/or videotapes and/or other electronic recordings in the possession of plaintiff or plaintiff s representatives and/or the defendant or defendant's representatives, which depict the defendant's features and/or physical conditions at the time prior to the occurrence which is the subject of this lawsuit and which the defendant or defendant's representatives intend to offer into evidence at the time of trial. Dated: White Plains, New York September 17, 2018 6 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 Yours, etc. By Philomena Basuk O'CONNOR McGUlNNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, New York, New York 10006-1901 (212) 962-2626 7 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE -------------------------------------------- ------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR -against- COLLATERAL SOURCE INFORMATION EDWARD CAPELLAN ROJAS, Defendant. ------------------------------------------------ X S I R S: PLEASE TAKE NOTICE, that the defendant, EDWARD CAPELLANROJAS, pursuant to CPLR Sections 3101 and 4545(a), hereby demands that the plaintiff provides the said defendant with a verified statement with respect to the following questions: physicians' 1. If the plaintiff claims monetary damage by reason of expenses, state the name and address of each physician who rendered medical care and treatment to plaintiff, HECTOR J. BATISTA, the amount of each such physician's expense, and the amount received or the amount which plaintiff is entitled to receive under any collateral source, including Blue Cross/Blue Shield or major medical insurance coverage, or other disability insurance plan, for each such physician's expense. State the name and address of the collateral source applicable for each of the physicians listed in response to the above. 2. Ifthe plaintiff claims monetary damage by reason ofhospital expenses, state the name and address of each hospital in which care and treatment was rendered to the plaintiff, HECTOR J. BATISTA, the amount of each such hospital expenses and the amount received or the amount which plaintiffis entitled to receive under any collateral source, including Blue Cross/Blue Shield or major medical insurance coverage, or other disability insurance plan for each such hospital expense. State the name and address of the collateral source applicable for each of the hospitals listed in response to the above. 8 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 3. If the plaintiff claims monetary damages by reason of any other medical costs, including nursing service, home care, medication or medical apparatus, state the amount of each of these expenses, the name and address of each payee, and the amount received or the amount which plaintiff is entitled to receive under any collateral source including Blue Cross/Blue Shield or major medical insurance coverage, or other disability insurance plan, for each of these expenses. State the name and address of the collateral source applicable for each of the payees listed in response to the above. 4. Ifthe plaintiff claims monetary damages in the nature of lost earnings, state the alleged amount of the lost earnings; the alleged gross wage immediately prior to the accident; the name and address of the employer; the amount of remuneration received for wages and the source Workers' of said remuneration after the accident, including Compensation, union benefits, employees' benefit plans, or other collateral source. 5. State the monetary amount of any other alleged special damage, and the amounts received from any collateral source, including insurance, Social Security (except those benefits Workers' employees' provided under Title XVIII of the Social Security Act), Compensation, or benefits programs, except such collateral sources entitled by law to liens against any recovery of the plaintiff. Dated: White Plains, New York September 17, 2018 Yours, etc. By / Philomena Basuk O'CONNOR McGUlNNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 9 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, FlOOr New York, New York 10006-1901 (212) 962-2626 10 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ____________----------------------------..----- ¬----X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR -against- AUTHORIZATIONS AND REPORTS EDWARD CAPELLAN ROJAS, Defendant. --------------------------------- --------X S I R S: PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, demand is hereby made upon you to furnish the undersigned, within twenty (20) days after the receipt of this notice, duly executed authorizations permitting the undersigned to secure copies of any and all hospital records referable to hospitals at which the plaintiff, HECTOR J.BATISTA, was confined, received treatment or advice concerning the injuries referred to in the complaint. Demand is additionally made pursuant to CPLR Section 3120 for authorizations to secure copies of the office records of all treating physicians concerning their care and treatment of this patient. Pursuant to the Rules of the Appellate Division, demand is hereby made for copies of the medical reports of those physicians who have treated or examined the plaintiff, HECTOR J. BATISTA, and who will testify on the plaintiff's behalf. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying technicians' those x-rays and reports which will be offered at the trial. The defendant demands that the authorizations provided be issued in conformity with the Health Information Portability and Accountability Act (HIPAA) and be completed in itsentirety by the patient or person legally empowered to act on behalf of this patient. Any authorization which 11 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 does not comply with this request will be considered a nullity and in violation of the Rules of the CPLR. Failure to comply with this request will make the plaintiff subject to the applicable provisions of the Civil Practice Law and Rules, including, but not limited to, the preclusion of the introduction of medical testimony. Dated: White Plains, New York September 17, 2018 Yours, etc. By Philo ena Basuk O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, FlOOr New York, New York 10006-1901 (212) 962-2626 12 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------------------------------------- ----X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR NAMES -against- AND ADDRESSES FOR EYEWITNESSES EDWARD CAPELLAN ROJAS, Defendant. ---------------------------------------- ¬-------- ¬--X S I R S : PLEASE TAKE NOTICE that, pursuant to CPLR Section 3101(a) and Rule 3120(a), the undersigned demands that you produce for the following within twenty (20) days of receipt hereof: 1. Names and addresses of all persons claimed by plaintiff to have either witnessed the occurrence referred to in plaintiff's complaint or to have firsthand knowledge of the occurrence, whether obtained by his attorney or representative. If no such persons are known to plaintiff or his representatives, so state in reply to this demand. PLEASE TAKE FURTHERNOTICE that, ifthe plaintiff or his representatives obtain names and addresses of persons who witnessed the occurrence or have firsthand knowledge of the occurrence subsequent to the service of this demand, such information must be furnished to the undersigned. Ifthis demand is ignored, this defendant will object at thetime oftrial to the testimony of any persons not so identified. Dated: White Plains, New York September 17, 2018 Yours, etc. By Philomena Basuk O'CONNOR McGUINNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 13 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, FlOOr New York, New York 10006-1901 (212) 962-2626 14 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------------------------------------------------------------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR -against- EXPERT WITNESS INFORMATION EDWARD CAPELLAN ROJAS, Defendant. ---------------------..----.---------------------------X S I R S: PLEASE TAKE NOTICE that defendant, GARY LEE MORRISON, II,by his attorneys O'CONNOR McGU1NNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP, hereby demands pursuant to CPLR 3101(d), that you disclose the following: 1. Set forth the name and address of each person whom the plaintiff expects to call as an expert witness at trial; 2. the professional qualifications of each of the plaintiff's experts, commencing with college and/or medical or specialty school and continuing up to the present time; 3. the subject matter upon which each expert is expected to testify; 4. the substance of the facts and opinions upon which expert is expected to testify; 5. the opinion or opinions each expert will render at the time of trial; 6. a summary of the grounds for each expert's opinion; and 7. copies of all video tapes, edited and unedited, photographs, negatives, charts and/or diagrams and other demonstrative evidence including models which the expert witness will utilize at the time of trial. PLEASE TAKE FURTHERNOTICE that a response to this Demand must be served within thirty (30) days after receipt hereof. In the event that you are unable to respond within the 30 day period of time, please provide a response so indicating. PLEASE TAKE FURTHER NOTICE that this is a continuing Demand and plaintiff is required to provide the information demanded above when and ifadditional experts are retained by 15 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 the plaintiff or the plaintiff's attorneys or additional reports are submitted by plaintiff's experts to plaintiff or plaintiff's counsel. PLEASE TAKE FURTHER NOTICE that failure to comply will result in an application to the Court for appropriate sanctions. Dated: White Plains, New York September 17, 2018 Yours, etc. By Philomena Basuk O'CONNOR McGUlNNESS CONTE DOYLE OLESON WATSON & LOFTUS, LLP Attorneys for Defendant EDWARD CAPELLANROJAS s/h/a EDWARD CAPELLAN ROJAS One Barker Avenue, Suite 675 White Plains, New York 10601 (914) 948-4500 TO: MARK E. SEITELMAN LAW OFFICES, P.C. Attorneys for Plaintiff 9th 111 Broadway, FlOOr New York, New York 10006-1901 (212) 962-2626 16 of 44 FILED: ORANGE COUNTY CLERK 11/12/2018 03:57 PM INDEX NO. EF008485-2018 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ----------------- ----- ¬---------------------------X HECTOR J. BATISTA, Index No.: EF008485/2018 Plaintiff, DEMAND FOR -against- INSURANCE INFORMATION EDWARD CAPELLAN ROJAS, Defendant. ---------------------------------------------------------------------X SIRS: Pursuant to Section 3101(f) of the CPLR, the undersigned demands that the following insurance information be furnished within the (10) days by the party: 1. State whether you have insurance agreements under which any insurance company may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to sa