FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`------------------------------------------------------------------------X Index No. 800162/2024E
`DIORKA SANTOS,
`ESTHEFANY VILLANUEVA,
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`
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`
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`-against-
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`
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`Plaintiffs,
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`
`
`VERIFIED ANSWER WITH
`CROSS CLAIMS
`
`
`JASON COLON,
`JAYWINNIE TRUCKING CORP.,
`ALEXANDER JOSE LUCIANO GUILLOTI,
`EAN HOLDINGS LLC,
`
`
`
`Defendants
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`
`
`
`
`
`------------------------------------------------------------------------X
`
`The defendants JASON COLON and JAYWINNIE TRUCKING CORP., by their
`
`attorneys, MORRIS DUFFY ALONSO FALEY & PITCOFF, upon information and belief, answer
`the plaintiff’s Complaint herein as follows:
`
`Deny any knowledge or information sufficient to form a belief as to the truth of the
`1.
`
`allegations contained in the paragraphs or subdivisions of the Complaint designated: “1”, “2”, “3”,
`“4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12” and “13” except admit JAYWINNIE TRUCKING
`CORP’s principal place of business is located at 3921 Blossom Dew Drive in the State of Florida
`and JASON COLON was the operator of a 2000 Peterbilt Tractor Trailer, registered in the State
`of Florida, bearing license place number AB41QV.
`
`
`AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
`
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`As to the paragraph of the Complaint designated “14”, answering defendants repeat,
`2.
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`reiterate and reallege each and every denial heretofore made with respect to paragraphs “1” through
`“13” inclusive, with the same force and effect as if fully set forth at length herein.
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`Deny each and every allegation contained in the paragraphs or subdivisions of the
`3.
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`Complaint designated: “15”, “16”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24” and “25”.
`
`
`AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
`
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`As to the paragraph of the Complaint designated “26”, answering defendants repeat,
`4.
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`reiterate and reallege each and every denial heretofore made with respect to paragraphs “1” through
`“25” inclusive, with the same force and effect as if fully set forth at length herein.
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`1 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
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`Deny any knowledge or information sufficient to form a belief as to the truth of the
`5.
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`allegations contained in the paragraphs or subdivisions of the Complaint designated: “27”, “28”,
`“29”, “30”, “31”, “32”, “33”, “34”, “35”, “36” and “37”.
`
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`AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
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`As to the paragraph of the Complaint designated “38”, answering defendants repeat,
`6.
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`reiterate and reallege each and every denial heretofore made with respect to paragraphs “1” through
`“37” inclusive, with the same force and effect as if fully set forth at length herein.
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`Deny any knowledge or information sufficient to form a belief as to the truth of the
`7.
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`allegations contained in the paragraphs or subdivisions of the Complaint designated: “39”, “40”
`“41”, “42”, “43”, “44”, “45’, “46”, “47”, “48” and “49”.
`
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`AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
`
`
`As to the paragraph of the Complaint designated “50”, answering defendants repeat,
`8.
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`reiterate and reallege each and every denial heretofore made with respect to paragraphs “1” through
`“49” inclusive, with the same force and effect as if fully set forth at length herein.
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`Deny any knowledge or information sufficient to form a belief as to the truth of the
`9.
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`allegations contained in the paragraphs or subdivisions of the Complaint designated: “51”, “52”,
`“53”, “54”, “55”, “56”, “57”, “58”, “59”, “60” and “61”.
`
`
`
`
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`
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`If plaintiff was caused to sustain injuries and damages at the time and place set forth
`10.
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`in plaintiff's Complaint through any carelessness, recklessness and negligence other than plaintiff's
`own, those damages arose in whole or in part from the acts of co-defendant, and if any judgment
`is recovered herein by plaintiff against answering defendant, then this defendant will be damaged
`thereby and will be entitled to apportionment or indemnification, in whole or in part, on the basis
`of proportionate responsibility or obligation to indemnify of co-defendant.
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`
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`If the plaintiff was caused to sustain injuries and damages at the time and in the
`11.
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`manner set forth in her Complaint through any carelessness, recklessness or negligence other than
`that of plaintiff's own, which is expressly denied, such injuries and damages will have been caused,
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`AS A BASIS FOR AFFIRMATIVE RELIEF AND
`AS AND FOR A FIRST CROSS CLAIM AGAINST
`CO-DEFENDANTS ALEXANDER JOSE LUCIANO
`
`GUILLOTI and EAN HOLDINGS LLC ANSWERING
`DEFENDANT ALLEGES:
`
`
`
`
`
`AS A BASIS FOR AFFIRMATIVE RELIEF AND
`AS AND FOR A FIRST CROSS CLAIM AGAINST
`CO-DEFENDANTS ALEXANDER JOSE LUCIANO
`
`GUILLOTI and EAN HOLDINGS LLC ANSWERING
`DEFENDANT ALLEGES:
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`2 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
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`brought about and sustained solely by reason of the active, primary and affirmative negligence,
`carelessness and wrongdoing of the co-defendant, by their agents, servants and/or employees,
`without any negligence on the part of the answering defendant contributing thereto, or if there be
`any negligence on the part of the answering defendant, the same was merely passive and secondary
`in nature.
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`That by reason of the foregoing, if the plaintiff recovers any judgment against the
`12.
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`answering defendant, then this defendant is entitled to be fully indemnified by the co-defendant in
`a like amount, together with the costs, disbursements, expenses and attorneys' fees of the defense
`of this action by reason of the active and primary negligence of the co-defendant.
`
`
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`
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`If plaintiff sustained damages as alleged in the Complaint through any fault other
`13.
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`than the plaintiff's own fault, then such damages were sustained due to the sole fault of the co-
`defendant, and if plaintiff should obtain and/or recover judgment against the answering defendant,
`then the co-defendant shall be liable pursuant to common law for the full indemnification of the
`answering defendant.
`
`In view of the foregoing, the answering defendant is entitled to complete common
`14.
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`law indemnification for all loss, damage, cost or expense, including, without limitation, judgments,
`attorneys' fees, Court costs and the cost of appellate proceedings from the co-defendant.
`
`
`AS A BASIS FOR AFFIRMATIVE RELIEF AND
`AS AND FOR A FIRST CROSS CLAIM AGAINST
`CO-DEFENDANTS ALEXANDER JOSE LUCIANO
`
`GUILLOTI and EAN HOLDINGS LLC ANSWERING
`DEFENDANT ALLEGES:
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
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`Any damages which may have been sustained by the plaintiffs were contributed to
`15.
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`in whole or in part by the culpable conduct of the plaintiffs, pursuant to Section 14-A, CPLR.
`
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
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`Any damages which may have been sustained by the plaintiffs were contributed to
`16.
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`in whole or in part by the culpable conduct of third parties not under the control of answering
`defendants.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
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`Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
`17.
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`received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
`care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
`replaced or indemnified, in whole or in part from any collateral source such as insurance (except
`for life insurance), social security (except for those benefits provided under title XVIII of the Social
`Security Act), workers' compensation or employee benefit programs (except such collateral source
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`3 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
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`entitled by law to liens against any recovery of the plaintiff), then and in that event answering
`defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a
`collateral source in reduction of the amount of the award by such replacement or indemnification,
`minus an amount equal to the premiums paid by the plaintiff for such benefits for the two year
`period immediately preceding the accrual of this action and minus an amount equal to the projected
`future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c).
`
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
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`If the plaintiff was not wearing seat belts at the time of the accident, answering
`18.
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`defendants plead the failure to wear same, or to wear same properly, in mitigation of damages.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
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`The injuries and damages alleged, all of which are denied by the answering
`19.
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`defendants, were caused by the intervening, interceding and superseding acts of third parties not
`under the control of answering defendants.
`
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`20.
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`and provisions of Article 51 of the Insurance Law of the State of New York.
`
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`
`
`
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`21.
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`The Court lacks personal jurisdiction over the answering defendants.
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`AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
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`22.
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`of process.
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`The Court lacks jurisdiction over the answering defendants due to improper service
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`23.
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`The plaintiff failed to mitigate his damages
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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`
`24.
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`the CPLR.
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`Answering defendant is entitled to limitation of liability pursuant to Article 16 of
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
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`Defendant asserts Section 15-108 of the General Obligations Law and will ask the
`25.
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`Court that the defendant be entitled to a set-off for any settlements, releases or discontinuances.
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`4 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`26.
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`and provisions of Article 51 of the Insurance Law of the State of New York.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`
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`The answering defendants have no liability or financial responsibility with respect
`27.
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`to the subject vehicle under recent federal legislation. See sec. 10208 to H.R. 3 (2005), which
`amends Subchapter I of title 49 of the U.S. Code by adding, in relevant part, as follows:
`
`
`Sec. 30106: (a) an owner of a motor vehicle that rents or leases the vehicle to a person...
`shall not be liable under the law of any state...by reason of being the owner of the
`vehicle...for harm to persons or property that results or arises out of the use, operation, or
`possession of the vehicle during the period of the rental or lease...
`
`
`WHEREFORE, answering Defendant demands judgment dismissing the Complaint with
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`costs and further demands that the ultimate rights of the answering Defendants and co-defendants,
`as between themselves, be determined in this action, and that answering Defendants have judgment
`over and against co-defendants for all or a part of any verdict or judgment which may be obtained
`by the plaintiff against answering defendants, together with the costs, interest and disbursements
`of this action.
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`DATED: New York, New York
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` March 26, 2024
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`Yours etc.,
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`
`
`
`By: _____________________________
`RAKSHITA WEATHERS
`
`Attorney for Defendants
`JASON COLON and
`JAYWINNIE TRUCKING CORP
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77106
`
`
`
`
`
`
`TO: DOMINICK W. LAVELLE
`Attorney(s) for Plaintiff
`152 Forest Ave
`Locust Valley, New York 11560
`DLAVELLELAWFIRM@yahoo.com
`
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`5 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`BRAND GLICK & BRAND
`Attorneys for defendant
`JOSE LUCIANO GUILLOTI i/s/h/a
`ALEXANDER JOSE LUCIANO GUILLOTI
`90 Merrick Avenue, Suite 203
`East Meadow, New York 11554
`dbrand@bgbfirm.com
`
`CARMEN, CALLAHAN & INGRAM
`Attorneys for Defendant
`EAN HOLDINGS, LLC
`266 Main Street
`Farmingdale, New York 11735
`sboden@carmanlawteam.com
`
`
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`6 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`------------------------------------------------------------------------X Index No. 800162/2024E
`DIORKA SANTOS,
`ESTHEFANY VILLANUEVA,
`
`
`
`
`
`
`
`
`
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`
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`
`
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`-against-
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`Plaintiffs,
`
`
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`
`
` DEMAND FOR A VERIFIED
` BILL OF PARTICULARS
`
`
`JASON COLON,
`JAYWINNIE TRUCKING CORP.,
`ALEXANDER JOSE LUCIANO GUILLOTI,
`EAN HOLDINGS LLC,
`
`
`
`Defendants
`
`
`
`
`
`
`------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section
`
`3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of
`Particulars upon the undersigned within twenty (20) days after receipt of this Demand.
`
`In the event of your failure to comply with this Demand for a Verified Bill of Particulars
`
`within that time, a motion will be made for an Order precluding you from offering any evidence
`on the causes of action alleged in the Complaint concerning the following items as they concern
`the answering defendant(s):
`
`
`The date and time of the occurrence alleged in the Complaint.
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`1.
`
`
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`The location of the occurrence alleged in the Complaint.
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`2.
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`3.
`A statement of all the acts or omissions constituting negligence which plaintiff(s)
`will claim against the answering defendant(s).
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`4.
`
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`A statement of:
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`(a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and
`(b) A description of those claimed by plaintiff(s) to be permanent.
`
`5.
`If this is an action designated in subsection (a) of Section 5104 of the Insurance
`Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state
`in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102
`of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection
`(a) of Section 5102 of the Insurance Law.
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`7 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`
`6.
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`7.
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`The length of time plaintiff(s) was/were confined to each of the following:
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`(a) Bed;
`(b) House; and
`(c) Hospital.
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`State the following:
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`(a) The occupation of plaintiff(s);
`(b) The length of time plaintiff(s) was/were incapacitated from employment; and
`(c) The name and address of plaintiff(s)’ employer.
`
`8.
`I. State separately the total amounts or economic loss claimed by plaintiff(s) as
`special damages for each of the following:
`
`
`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
`
`II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special
`
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`damages or economic loss represent past damages and in which amount:
`
`
`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`III. Itemize which of the special damages or economic loss represent future
`
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`damages and in what amount:
`
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`IV. Over what period of time does plaintiff(s) claim each of future expenses or
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`losses shall occur:
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`8 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`
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`SPECIAL DAMAGES
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`PERIOD OF TIME
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`9.
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`10.
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`11.
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`12.
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`13.
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`14.
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
`
`The date of birth of plaintiff(s).
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`The residence address of plaintiff(s).
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`The Social Security number of the plaintiff(s).
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`If the plaintiff is an infant, state the following:
`
`(a) The name and address of any school infant plaintiff attended at the time of this
`occurrence;
`(b) The date or dates infant plaintiff was absent from school as the result of the
`alleged injuries sustained in this occurrence.
`
`If the Complaint alleges a cause of action for property damage, state:
`
`(a) The make, year, type and mileage of plaintiff’s vehicle;
`(b) The date when plaintiff acquired title to this vehicle;
`(c) A statement setting forth in detail each and every item of damage claimed to
`have been sustained to plaintiff’s vehicle, setting forth, in detail, each part
`claimed to have been damaged or replaced and the cost of repair or replacement
`for each part so damaged or replaced;
`(d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to
`the occurrence;
`(e) The salvage value of plaintiff’s vehicle after the occurrence;
`(f) The length of time required to perform the foregoing repairs;
`(g) The direction in which plaintiff(s) vehicle was proceeding immediately before
`the occurrence; and
`(h) The direction in which defendant(s)’ vehicle was proceeding immediately
`before the occurrence.
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`If there is a cause of action for loss of services, state the following:
`
`(a) In what manner was the plaintiff deprived of services and state what the services
`were;
`(b) With regard to the monies expended and the obligations incurred to expend
`additional monies, set forth the amount of money involved and precisely to who
`such monies were paid or are owed.
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`9 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`
`
`15.
`State the full caption of each and every lawsuit brought on plaintiff(s)’ behalf to
`recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
`of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including:
`
`
`(a) court;
`(b) index number;
`(c) calendar number;
`(d) names and addresses of all litigants;
`(e) names and addresses of all attorneys appearing for litigants;
`(f) status of lawsuit.
`
`
`
`16.
`Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule
`or regulation, if any, which it is claimed answering defendant(s) violated with reference to the
`occurrence alleged in the Complaint.
`
`DATED: New York, New York
`
` March 26, 2024
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`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`
`
`
`
`
`
`
`By: _____________________________
`RAKSHITA WEATHERS
`
`Attorney for Defendants
`JASON COLON and
`JAYWINNIE TRUCKING CORP
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77106
`
`
`
`
`
`
`TO: DOMINICK W. LAVELLE
`Attorney(s) for Plaintiff
`152 Forest Ave
`Locust Valley, New York 11560
`DLAVELLELAWFIRM@yahoo.com
`
`BRAND GLICK & BRAND
`Attorneys for defendant
`JOSE LUCIANO GUILLOTI i/s/h/a
`ALEXANDER JOSE LUCIANO GUILLOTI
`90 Merrick Avenue, Suite 203
`East Meadow, New York 11554
`dbrand@bgbfirm.com
`
`
`
`10 of 54
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`

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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`CARMEN, CALLAHAN & INGRAM
`Attorneys for Defendant
`EAN HOLDINGS, LLC
`266 Main Street
`Farmingdale, New York 11735
`sboden@carmanlawteam.com
`
`
`
`
`11 of 54
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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 800162/2024E
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`RECEIVED NYSCEF: 03/26/2024
`
`ATTORNEY VERIFICATION
`
`RAKSHITA WEATHERS an attorney admitted to practice in the courts of New York
`
`
`
`State.
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`
`
`That I am an associate of the firm of MORRIS DUFFY ALONSO FALEY & PITCOFF,
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`the attorneys of record for defendants. I have read the foregoing ANSWER and know the contents
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`thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on
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`information and belief, and as to those matters I believe it to be true. The reason this verification
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`is made by me and not by the defendant is that the defendant does not maintain an office within
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`New York County.
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`
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`The grounds of my belief as to all matters not stated upon my own knowledge are based
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`on a review of the contents of the file maintained by this office.
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`Dated: New York, New York
`
`March 26, 2024
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`_____________________________
`RAKSHITA WEATHERS
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`12 of 54
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`

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`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`------------------------------------------------------------------------X Index No. 800162/2024E
`DIORKA SANTOS,
`ESTHEFANY VILLANUEVA,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`NOTICE TO TAKE
`DEPOSITION
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`JASON COLON,
`JAYWINNIE TRUCKING CORP.,
`ALEXANDER JOSE LUCIANO GUILLOTI,
`EAN HOLDINGS LLC,
`
`
`
`Defendants
`
`
`
`
`
`
`------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will take the deposition and/or virtual deposition
`of the following parties or persons, before a stenographic reporter and notary public not affiliated
`with any of the parties or their attorneys, on all relevant and material issues, as authorized by
`Article 31 of the CPLR of ALL ADVERSE PARTIES at a date, time and place to be agreed upon
`among counsel or set by the Court.
`
`PLEASE TAKE FURTHER NOTICE that the persons to be examined are required to
`
`produce all books, records and papers in their custody and possession that may be relevant to the
`issues.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`recording of any deposition by the use of audio or video recording of these proceedings by any
`person. Only a traditional stenographic reporter present at the deposition in the same manner as
`the participants resulting in a traditional written transcript will be accepted. Should an audio or
`video reporter appear to record these proceedings, we will postpone any deposition until the
`presence of a traditional stenographic reporter can be coordinated.
`
`DATED: New York, New York
`
` March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`By: _____________________________
`RAKSHITA WEATHERS
`
`Attorney for Defendants
`
`
`
`
`
`
`
`13 of 54
`
`

`

`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JASON COLON and
`JAYWINNIE TRUCKING CORP
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77106
`
`
`
`
`TO: DOMINICK W. LAVELLE
`Attorney(s) for Plaintiff
`152 Forest Ave
`Locust Valley, New York 11560
`DLAVELLELAWFIRM@yahoo.com
`
`BRAND GLICK & BRAND
`Attorneys for defendant
`JOSE LUCIANO GUILLOTI i/s/h/a
`ALEXANDER JOSE LUCIANO GUILLOTI
`90 Merrick Avenue, Suite 203
`East Meadow, New York 11554
`dbrand@bgbfirm.com
`
`CARMEN, CALLAHAN & INGRAM
`Attorneys for Defendant
`EAN HOLDINGS, LLC
`266 Main Street
`Farmingdale, New York 11735
`sboden@carmanlawteam.com
`
`
`
`
`14 of 54
`
`

`

`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`------------------------------------------------------------------------X Index No. 800162/2024E
`DIORKA SANTOS,
`ESTHEFANY VILLANUEVA,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`NOTICE REGARDING
`DEPOSITION
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`JASON COLON,
`JAYWINNIE TRUCKING CORP.,
`ALEXANDER JOSE LUCIANO GUILLOTI,
`EAN HOLDINGS LLC,
`
`
`
`Defendants
`
`
`
`
`
`
`------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will only take the deposition and/or virtual
`depositions of any party or witness before a stenographic reporter and notary public present at the
`deposition in the same manner as the participants and not affiliated with any of the parties or their
`attorneys.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`
`recording of any deposition by the use of an audio recording with later transcription by a
`stenographic reporter that was not present at the deposition or other means. Only a traditional
`stenographic reporter who is present during the testimony either in person or virtually resulting
`in a traditional written transcript will be accepted. Should an audio reporter appear to record any
`deposition, we will postpone the deposition until the presence of a traditional stenographic
`reporter can be coordinated
`
`DATED: New York, New York
`
` March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
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`
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`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`By: _____________________________
`RAKSHITA WEATHERS
`
`Attorney for Defendants
`JASON COLON and
`JAYWINNIE TRUCKING CORP
`101 Greenwich Street, 22nd Floor
`
`
`
`
`
`
`
`
`
`
`15 of 54
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`

`

`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77106
`
`
`
`
`TO: DOMINICK W. LAVELLE
`Attorney(s) for Plaintiff
`152 Forest Ave
`Locust Valley, New York 11560
`DLAVELLELAWFIRM@yahoo.com
`
`BRAND GLICK & BRAND
`Attorneys for defendant
`JOSE LUCIANO GUILLOTI i/s/h/a
`ALEXANDER JOSE LUCIANO GUILLOTI
`90 Merrick Avenue, Suite 203
`East Meadow, New York 11554
`dbrand@bgbfirm.com
`
`CARMEN, CALLAHAN & INGRAM
`Attorneys for Defendant
`EAN HOLDINGS, LLC
`266 Main Street
`Farmingdale, New York 11735
`sboden@carmanlawteam.com
`
`
`
`
`16 of 54
`
`

`

`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`------------------------------------------------------------------------X Index No. 800162/2024E
`DIORKA SANTOS,
`ESTHEFANY VILLANUEVA,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`COMBINED DEMANDS
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`JASON COLON,
`JAYWINNIE TRUCKING CORP.,
`ALEXANDER JOSE LUCIANO GUILLOTI,
`EAN HOLDINGS LLC,
`
`
`
`Defendants
`
`
`
`
`
`
`------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are
`
`hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS
`
`DUFFY ALONSO FALEY & PITCOFF, 22nd Floor, 101Greenwich Street, New York, New York
`
`10006, within twenty (20) days after receipt of these Demands, the following documents heretofore
`
`exchanged between any of the parties to this litigation:
`
`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
`
`
`
`
`Demand is hereby made, pursuant to the Rules of this Court, that plaintiff serve upon and
`
`deliver to the undersigned and all other parties to the action, the following:
`
`(a)
`
`Copies of the medical reports of those physicians who have treated or examined the
`party seeking recovery, and who will testify on his/her behalf. The same shall
`include a detailed statement of the injuries and conditions as to which testimony
`will be offered at the trial, and shall identify those x-rays and technicians' reports
`which will be offered at trial.
`
`
`
`(b)
`
`Duly executed and acknowledged written authorizations (containing full name &
`address of doctor/hospital) and fully compliant with HIPAA regulations permitting
`all parties to obtain and make copies of all hospital records, and such other records,
`
`17 of 54
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`

`

`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`including x-rays and technicians' reports as may be referred to and identified in the
`statement of the examined party's physicians.
`
`Duly executed authorizations (containing full name & address of doctor/hospital)
`and fully compliant with HIPAA regulations permitting defendant(s) to discover,
`inspect and copy the records of all physicians and laboratories in which or by whom
`plaintiff was examined or received treatment or tests for the same or similar injuries
`and complaints as those at issue in this lawsuit.
`
`The names and addresses of any physicians, medical institutions, medical
`personnel, nursing services or hospitals whom the plaintiff saw, consulted with,
`received advice from or prior to the alleged negligence suffered by the plaintiff.
`
`Authorizations fully compliant with HIPAA regulations to obtain reports and
`records of the aforesaid physicians, institutions, medical personnel, hospitals and/or
`nursing services.
`
`(c)
`
`(d)
`
`
`(e)
`
`
`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION(S)
`
`Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
`
`
`
`
`
`
`
`
`rules governing the exchange of medical information, and permit us to discovery, inspect and copy
`
`all video/audio records, regardless of format, taken by plaintiff(s) or on behalf of plaintiff(s) of
`
`any independent medical examination conducted on behalf of the defendant within thirty (30) days
`
`of the date(s) on which said recordings were taken and/or created or within thirty (30) days from
`
`the date of this demand, whichever is sooner.
`
`DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT
`
`
`
`Demand is hereby made that you produce true and complete copies of any Notice of Claim
`
`filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
`
`Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in
`
`relation to the alleged accident within thirty (30) days from the date of this demand.
`
`DEMAND FOR STATEMENTS
`
`18 of 54
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`

`

`FILED: BRONX COUNTY CLERK 03/26/2024 03:08 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 800162/2024E
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`
`Demand is hereby made for the following relative to the party or parties represented by the
`
`undersigned (herein “the party”):
`
`1.
`
`2.
`
`3.
`
`4.
`
`Copies of any and all written statements taken of or from the party, an agent, servant
`or employee.
`
`A statement indicating the substance of any oral statements concerning any issue
`in this case, including claimed admissions against interest, taken of or from the
`party, an agent, servant or employee indicating the date the oral statement was
`made, the name and description of the person who made the oral statement and the
`name and address of the person who heard the oral statement.
`
`Copies of any and all recorded statements taken of or from the party, an agent,
`servant or employee.
`
`Copies of any and all transcriptions of recorded statements taken of or from the
`party, an agent, servant or employee.
`
`DEMAND FOR LEGAL REPRESENTATION
`
`Demand is hereby made that each party serve upon the undersigned attorneys a list of the
`
`
`
`
`
`
`
`
`
`
`
`names of all the parties that have appeared in this action, together with the names and addresses of
`
`their respective attorneys, pursuant to Section 2103(e) of the CPLR.
`
`DEMAND FOR COLLATERAL SOURCES
`
`
`
`You are hereby required to furnish to the undersigned within thirty (30) days hereof,
`
`pursuant to CPLR Sections 3101 and 4545, canceled checks, receipts, contracts or other
`
`agreement