FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`---------------------------------------------------------------------X Index No. 801132/2024E
`JOSE SANCHEZ LOPEZ,
`
`
`Plaintiff,
`
`
`
`VERIFIED ANSWER
`
`
`
`
`-against-
`
`
`
`JOHN V. DARCO,
`
`
`Defendant
`
`--------------------------------------------------------------------X
`
`The defendants JOHN V. DARCO, 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
`1.
`
`the allegations contained in the paragraphs or subdivisions of the Complaint designated: “1”, “3”,
`and “11”.
`
`Deny each and every allegation contained in the paragraphs or subdivisions of the
`2.
`
`Complaint designated: “2”, “4”, “7” and “12” except admits JOHN V. DARCO was a resident of
`County of Westchester, State of New York, owned and operated vehicle bearing New York State
`registration number FPY3700, which came into contact with another vehicle on September 23,
`2023.
`
`Deny each and every allegation contained in the paragraphs or subdivisions of the
`3.
`
`Complaint designated: “5” “6”, “8”, “9”, “10”, “13”, “14”, “15”, “16”, “17”, “18” and “19”.
`
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`
`Any damages which may have been sustained by the plaintiffs were contributed to
`4.
`
`in whole or in part by the culpable conduct of the plaintiffs, pursuant to Section 14-A, CPLR.
`
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`
`Any damages which may have been sustained by the plaintiffs were contributed to
`5.
`
`in whole or in part by the culpable conduct of third parties not under the control of answering
`defendants.
`
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`
`Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
`6.
`
`received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
`
`1 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`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
`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
`
`
`If the plaintiff was not wearing seat belts at the time of the accident, answering
`7.
`
`defendants plead the failure to wear same, or to wear same properly, in mitigation of damages.
`
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`The injuries and damages alleged, all of which are denied by the answering
`8.
`
`defendants, were caused by the intervening, interceding and superseding acts of third parties not
`under the control of answering defendants.
`
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`
`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`9.
`
`and provisions of Article 51 of the Insurance Law of the State of New York.
`
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`
`
`
`
`10.
`
`The Court lacks personal jurisdiction over the answering defendants.
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`
`
`The lawsuit was not commenced by the plaintiff within the time prescribed by law,
`11.
`
`and the plaintiff, therefore, is barred from recovery, pursuant to Section 214, CPLR.
`
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
`
`Defendant asserts Section 15-108 of the General Obligations Law and will ask the
`12.
`
`Court that the defendant be entitled to a set-off for any settlements, releases or discontinuances.
`
`
`
`2 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`WHEREFORE, answering defendants demand judgment dismissing the Complaint as to
`
`the defendants, together with the costs, interest and disbursements of this action.
`
`DATED: New York, New York
`
` April 11, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` By: _____________________________
`
`RAKSHITA WEATHERS
`Attorney for Defendant
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77185
`
`TO: WILLIAM SCHWITZER & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`820 Second Avenue, 10th Floor
`New York, New York 10017
`(212) 683-3800
`
`
`
`
`
`3 of 46
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`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`---------------------------------------------------------------------X Index No. 801132/2024E
`JOSE SANCHEZ LOPEZ,
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
`
`-against-
`
`
`
`JOHN V. DARCO,
`
`
`Defendant
`
`--------------------------------------------------------------------X
`
` C
`
` O U N S E L O R S :
`
`
`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 the 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:
`
`
`
`
`
`
`1.
`
`The date and time of the occurrence alleged in the Complaint.
`
`2.
`
`The location of the occurrence alleged in the Complaint.
`
`A statement of all the acts or omissions constituting negligence which plaintiff will
`3.
`claim against the defendants.
`
`
`
`4.
`
`A statement of:
`
`(a)
`
`(b)
`
`The injuries plaintiff suffered as a result of the alleged occurrence, and
`
`
`
`
`
`A description of those claimed by plaintiff to be permanent.
`
`
`If this is an action designated in subsection (a) of Section 5104 of the Insurance
`5.
`
`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.
`
`
`
`
`The length of time plaintiff was confined to each of the following:
`
`6.
`
`4 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`
`
`
`(a)
`(b)
`
`Bed;
`House; and
`
`(c)
`
`Hospital.
`
`7.
`
`State the following:
`
`
`
`
`
`
`
`(a)
`
`The occupation of plaintiffs;
`
`(b)
`
`The length of time plaintiffs were incapacitated from employment; and
`
`(c)
`
`The name and address of plaintiff's employer.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`State separately the total amounts or economic loss claimed by plaintiff as
`I.
`8.
`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).
`
`Pursuant to Article 50-A or 50-B, CPLR,
`
`II.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Itemize which of the special damages or economic loss represent past
`
`(a)
`
`Physicians' services;
`
`(b)
`
`Nurses' services;
`
`(c) Medical supplies;
`
`(d)
`
`Hospital expenses;
`
`(e)
`
`Loss of earnings; and
`
`(f)
`
`Other (describe).
`
`III.
`
`Itemize which of the special damages or economic loss represent future
`damages and in what amount:
`
`5 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`Physicians' services;
`
`(b)
`
`Nurses' services;
`
`(c) Medical supplies;
`
`(d)
`
`Hospital expenses;
`
`(e)
`
`Prospective lost earnings; and
`
`(f)
`
`All other expenses (describe).
`
`IV. Over what period of time does plaintiff claim each item of future expenses
`or losses shall occur:
`
`SPECIAL DAMAGE
`
`
`
`
`
` PERIOD OF TIME
`
`Physicians' services,
`(a)
`Nurses' services,
`(b)
`(c) Medical supplies,
`(d)
`Hospital expenses,
`(e)
`Physicians' services, and
`(f) Other (describe).
`
`9.
`
`The date of birth of each plaintiff.
`
`10.
`
`The residence address of each plaintiff.
`
`11.
`
`The Social Security number of each plaintiff.
`
`12.
`
`If the plaintiff is an infant, state the following:
`
`(a)
`
`(b)
`
`The name and address of any school infant plaintiff attended at the time of
`this occurrence; and
`
`The date or dates each infant plaintiff was absent from school as the result
`of the alleged injuries sustained in this occurrence.
`
`
`13.
`
`If the Complaint alleges a cause of action for property damage, state:
`
`(a)
`
`(b)
`
`The make, year, type and mileage of plaintiff's vehicle;
`
`The date when plaintiff acquired title to this vehicle;
`
`6 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`(c)
`
`(d)
`
`(e)
`
`(f)
`
`(g)
`
`(h)
`
`
`
`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;
`
`The fair and reasonable market value of plaintiff's vehicle immediately prior
`to the occurrence;
`
`
`The salvage value of plaintiff's vehicle after the occurrence;
`
`The length of time required to perform the foregoing repairs;
`
`The direction in which plaintiff's vehicle was proceeding immediately
`before the occurrence; and
`
`The direction in which defendant's vehicle was proceeding immediately
`before the occurrence.
`
`
`14.
`
`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; and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to
`incurred
`(b) With regard to the monies expended and the obligations
`expend additional monies, set forth the amount of money involved and
`precisely to whom such monies were paid or are owed.
`
`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 preceding, 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.
`
`7 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Set forth by Chapter, Article, Section and Paragraph each statute, ordinance, rule
`16.
`or regulation, if any, which it is claimed defendants violated with reference to the occurrence
`alleged in the complaint.
`
`DATED: New York, New York
`
` April 11, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` By: _____________________________
`
`RAKSHITA WEATHERS
`Attorney for Defendant
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77185
`
`TO: WILLIAM SCHWITZER & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`820 Second Avenue, 10th Floor
`New York, New York 10017
`(212) 683-3800
`
`
`
`
`
`8 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`ATTORNEY VERIFICATION
`
`RAKSHITA WEATHERS an attorney admitted to practice in the courts of New York
`
`
`
`State.
`
`
`
`That I am an associate of the firm of MORRIS DUFFY ALONSO FALEY & PITCOFF,
`
`the attorneys of record for defendants. I have read the foregoing VERIFIED ANSWER and know
`
`the contents thereof; the same is true to my own knowledge, except as to the matters therein alleged
`
`to be on information and belief, and as to those matters I believe it to be true. The reason this
`
`verification is made by me and not by the defendant is that the defendant does not maintain an
`
`office within New York County.
`
`
`
`The grounds of my belief as to all matters not stated upon my own knowledge are based
`
`on a review of the contents of the file maintained by this office.
`
`
`
`
`
`
`_____________________________
`RAKSHITA WEATHERS
`
`Dated: New York, New York
`
`April 11, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`9 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`---------------------------------------------------------------------X Index No. 801132/2024E
`JOSE SANCHEZ LOPEZ,
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`NOTICE TO TAKE
`DEPOSITION
`
`-against-
`
`
`
`JOHN V. DARCO,
`
`
`Defendant
`
`--------------------------------------------------------------------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
`
` April 11, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
` By: _____________________________
`
`RAKSHITA WEATHERS
`Attorney for Defendant
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77185
`
`10 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`TO: WILLIAM SCHWITZER & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`820 Second Avenue, 10th Floor
`New York, New York 10017
`(212) 683-3800
`
`
`
`
`
`11 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`---------------------------------------------------------------------X Index No. 801132/2024E
`JOSE SANCHEZ LOPEZ,
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`NOTICE REGARDING
`DEPOSITION
`
`-against-
`
`
`
`JOHN V. DARCO,
`
`
`Defendant
`
`--------------------------------------------------------------------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
`
` April 11, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
` By: _____________________________
`
`RAKSHITA WEATHERS
`Attorney for Defendant
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888 F: (212) 766-3252
`Our File No.: (SP) 77185
`
`
`
`
`12 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`TO: WILLIAM SCHWITZER & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`820 Second Avenue, 10th Floor
`New York, New York 10017
`(212) 683-3800
`
`
`
`
`
`13 of 46
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 801132/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`---------------------------------------------------------------------X Index No. 801132/2024E
`JOSE SANCHEZ LOPEZ,
`
`
`Plaintiff,
`
`
`
`COMBINED DEMANDS
`
`
`
`
`-against-
`
`
`
`JOHN V. DARCO,
`
`
`Defendant
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`COUNSELLORS:
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`PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are
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`hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS
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`DUFFY ALONSO FALEY & PITCOFF, 22nd Floor, 101Greenwich Street, New York, New York
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`10006, within twenty (20) days after receipt of these Demands, the following documents heretofore
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`exchanged between any of the parties to this litigation:
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`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
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`Demand is hereby made, pursuant to the Rules of this Court, that plaintiff serve upon and
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`deliver to the undersigned and all other parties to the action, the following:
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`(a)
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`(b)
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`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.
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`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,
`including x-rays and technicians' reports as may be referred to and identified in the
`statement of the examined party's physicians.
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`(c)
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`Duly executed authorizations (containing full name & address of doctor/hospital)
`and fully compliant with HIPAA regulations permitting defendant(s) to discover,
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`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.
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`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.
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`Authorizations fully compliant with HIPAA regulations to obtain reports and
`records of the aforesaid physicians, institutions, medical personnel, hospitals and/or
`nursing services.
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`(d)
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`(e)
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`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION(S)
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`Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
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`rules governing the exchange of medical information, and permit us to discovery, inspect and copy
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`all video/audio records, regardless of format, taken by plaintiff(s) or on behalf of plaintiff(s) of
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`any independent medical examination conducted on behalf of the defendant within thirty (30) days
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`of the date(s) on which said recordings were taken and/or created or within thirty (30) days from
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`the date of this demand, whichever is sooner.
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`DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT
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`Demand is hereby made that you produce true and complete copies of any Notice of Claim
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`filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
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`Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in
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`relation to the alleged accident within thirty (30) days from the date of this demand.
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`DEMAND FOR STATEMENTS
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`Demand is hereby made for the following relative to the party or parties represented by the
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`undersigned (herein “the party”):
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`1.
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`Copies of any and all written statements taken of or from the party, an agent, servant
`or employee.
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`2.
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`3.
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`4.
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`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.
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`Copies of any and all recorded statements taken of or from the party, an agent,
`servant or employee.
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`Copies of any and all transcriptions of recorded statements taken of or from the
`party, an agent, servant or employee.
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`DEMAND FOR LEGAL REPRESENTATION
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`Demand is hereby made that each party serve upon the undersigned attorneys a list of the
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`names of all the parties that have appeared in this action, together with the names and addresses of
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`their respective attorneys, pursuant to Section 2103(e) of the CPLR.
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`DEMAND FOR COLLATERAL SOURCES
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`You are hereby required to furnish to the undersigned within thirty (30) days hereof,
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`pursuant to CPLR Sections 3101 and 4545, canceled checks, receipts, contracts or other
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`agreements whereby plaintiff has received or in the future are reasonably likely to receive
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`payments for special damages incurred or to be incurred, as alleged in the Complaint.
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`This information is to include but not be limited to:
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`a)
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`b)
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`c)
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`All payments or indemnity received from collateral sources for past
`special damages or economic losses.
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`All reasonably certain payments or indemnity to be received from
`collateral sources for future special damages or economic losses.
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`The identity of each insurer (except life insurer) which has or is
`reasonably certain to provide payments or indemnity by:
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`1.
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`3.
`4.
`5.
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`names of insurer;
`address of insurer;
`name of insured;
`policy or other identifying number;
`the amount paid or reasonably certain to be paid.
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`d)
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`If such collateral source payments have been furnished or are
`reasonably certain to be furnished by any employer, set forth the
`complete name and address of such employer;
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`1.
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`if benefits derive through a contract with employer, identify
`the contracting parties and date of contract.
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`e)
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`f)
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`If such collateral source payments or benefits have been furnished
`or are reasonably certain to be furnished by Social Security (except
`benefits under Title XVIII of the Social Security Act), identify the
`social security number and the holder of the social security number
`under which the benefits have been paid or are reasonably certain to
`be paid.
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`If available through workers' compensation, identify the insurer,
`employer and policy number; if available through an employee’s
`benefit program, identify the employer;
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`1.
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`set forth the amount paid or reasonably certain to be
`paid.
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`g)
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`If available through any other source, including any labor union,
`fully identify the source by complete name and address;
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`1.
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`set forth the amount paid or reasonably certain to be
`paid.
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`h)
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`If available through any other contract or enforcement agreement,
`identify, by name and address, all contracting parties and the date
`and location of the contract;
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`1.
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`set forth the amount paid or reasonably certain to be
`paid.
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`DEMAND FOR NAMES OF ALL WITNESSES
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`Demand is hereby made, pursuant to CPLR 3101(a) that each party set forth in writing and
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`under oath, within twenty (20) days of the service of this demand upon you, the name and address
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`of each person claimed by any party you represent, to be a witness to the occurrence alleged in the
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`Complaint; all notice witnesses, if notice is a requisite to a prima facie case; and any witness who
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`will testify to an admission against interest of defendant(s), on the issues of liability, or damages,
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`or regarding any other issue in this case.
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`If no such witnesses are known to you, so state in a sworn reply to this demand. The
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`undersigned will object upon trial to the testimony of any witnesses not so identified.
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`DEMAND FOR PHOTOGRAPHS, SLIDES, VIDEO TAPES
`AND MOTION PICTURES AND SURVEILLANCE TAPES
`IN ORIGINAL FORMAT BY ELECTRONIC SHARE FILE
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`PLEASE TAKE NOTICE that each represented defendant named below hereby demands
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`that each party produce at the office of the undersigned attorneys, within twenty (20) days from
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`your receipt of this notice, any photographs, images, slides, video tapes and motion pictures (which
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`should include but not be limited to photographs of vehicle, scene and injury and is to include any
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`photographs taken from a cell phone) received or obtained by plaintiff/defendant, or their
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`attorneys, agents or representatives, relating to any issue in this case in the native/original format
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`by electronic share file including any and all metadata associated therewith, including but not
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`limited to the date and time the photo was taken, the device on which it was taken, and whether
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`the image has been edited, and permit defendant, or the undersigned attorneys acting on behalf of
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`defendant, to inspect the native/original electronic files containing such photographs, slides, video
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`tapes, motion pictures, and surveillance materials including but not limited to films, slides,
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`photographs and videotapes, motion pictures, visual and/or audio and/or magnetic media
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`reproductions or descriptions depiction or alleging to depict plaintiff’s activities, action, speech,
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`etc. presently in your possession, custody or control, or in the possession of any party you represent
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`in this action.
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`18 of 46
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`PLEASE TAKE FURTHER NOTICE that the discovery materials enumerated above
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`require the production of all such materials, not merely the portions that you intend to and will
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`select to use at the trial of this action.
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`PLEASE TAKE FURTHER NOTICE that the aforesaid production may be complied with
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`by sending the electronic files of all photos in their original format by electronic share file which
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`will be provided upon request or other agreed upon means but not by email. Paper copies or pdf
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`copies are not a sufficient response to this demand.
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`DEMAND FOR POST OFFICE INFORMATION
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`Demand is hereby made for a verified statement setting forth the Post Office address and
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`residence address of plaintiff(s) and defendant(s) in sufficient detail to permit ready location,
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`pursuant to CPLR 3118.
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`REQUEST FOR DISCOVERY OF EXPERT
`WITNESS INFORMATION
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`Demand is hereby made that each party, within twenty (20) days of service hereof, furnish
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`the following information with respect to each person whom you expect to call as an expert witness
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`at trial.
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`For the purpose of this notice, “expert witness” includes experts of every kind, treating or
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`examining or otherwise, and regardless of whether such experts have been or will be compensated
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`for their services.
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`In the event that any item or sub-item of requested information is not presently available,
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`you are requested to so state and to state the date by which compliance with that portion of the
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`request will occur.
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`PART A - AS TO ALL EXPERTS
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`1.
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`State the name and address of each expert you expect to call as a witness at the trial.
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`2.
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`With respect to each such expert, state in reasonable detail:
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`(a)
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`(b)
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`The subject matter on which the expert is expected to
`testify;
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`The substance of the facts and opinions on which the
`expert is expected to testify;
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`(c)
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`A summary of the grounds for the expert's opinion;
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`(d)
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`The qualifications of the witness, including but not
`limited to:
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`i.
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`the expert's areas of specialty and
`sub-specialty, if any;
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`ii.
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`iii.
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`iv.
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`v.
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`vi.
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`the names and addresses of all companies and institutions, with
`which the expert is affiliated or employed and the nature and title of
`the affiliation or employment;
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`the names and addresses of all institutions of higher learning
`(college, professional, etc.) attended by the expert and the dates of
`attendance and degrees or credits earned;
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`the state or states in which the expert has been
`or is licensed to practice;
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`the professional, governmental and board certifications of the expert
`and the date on which each such certification was received by the
`expert;
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`the professional societies or associations of
`which the expert is a member or officer, the title of each office held,
`and the dates of membership or tenure in office.
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`[In the event that it includes a current and accurate statement of the information
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`requested in sub-paragraph “2(d)”, a copy of the expert's curriculum vitae may be
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`attached in lieu of a response to that sub-paragraph.]
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`PART B - AS TO EXPERTS ON ECONOMIC ISSUES
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`3.
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`With respect to each and every economist, actuary or other expert on economic
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`issues identified in response to Item 1, state in reasonable detail:
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`FILED: BRONX COUNTY CLERK 04/11/2024 10:00 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 801132/2024E
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`RECEIVED NYSCEF: 04/11/2024
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`(a)
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`(b)
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`The subject matter on which each expert is expected
`to testify, including but not limited to projected items
`of expense, lost earnings or other loss, and present
`value of projected items;
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`The substance of the facts and opinions on which the
`expert is expected to testify as to the matters set forth
`in response to sub-paragraph 3(a).
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`DEMAND FOR INSURANCE COVERAGE
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`D