FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`------------------------------------------------------------------------------X
`JOSEPH AMAURIS FIGUEREO MENDEZ,
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`-against-
`
`Index No: 802307/2024E
`
`VERIFIED ANSWER
`
`
`
`
`
`
`
`
`LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW
`YORK, INC. and ARACELI SANCHEZ REYES.,
`
` Defendants
`----------------------------------------------------------------------------X
`
` The defendants LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW YORK,
`INC. and ARACELI SANCHEZ REYES by his/hers/their attorneys, MORRIS DUFFY ALONSO
`FALEY & PITCOFF, upon information and belief, answer the plaintiff’s Complaint herein as
`follows:
`
`
`1.
`Deny any knowledge or information sufficient to form a belief as to the truth of the
`allegations contained in the paragraphs or subdivisions of the Complaint designated “1”, “31”,
`“32” and “33”.
`
`2.
`Deny each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “2”, “4”, “7”, “8”, “9”, “10”, “11”, “12”, “13” and “14” as alleged except
`admit that Lutheran Social Services of Metropolitan New York, Inc. was and is a domestic not-
`for-profit corporation duly organized and existing pursuant to the Laws of the State of New York.
`
`
`3.
`Deny any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated
`“3”, “5”, “6”, “15”, “16”, “17”, “18”, “20”, “21”, “22”, “23”, “24”, “27”, “29”, “30” and “40” and
`respectfully refer all questions of law to this honorable court.
`
`4.
`Admit each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “19”, “25”, “26” and “28”.
`
`5.
`Deny each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated “34”, ‘35”, “36”, “37”, “38”, “39” and “41”.
`
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`
`
`6.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of the plaintiff pursuant to Section 14-A, CPLR.
`
`
`
`1 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`
`
`7.
`Any damages which may have been sustained by the plaintiff were contributed to
`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
`
`8.
`Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
`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
`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
`
`
`
`9.
`If the plaintiff was not wearing seat belts at the time of the accident, answering
`defendants plead the failure to wear same, or to wear same properly, in mitigation of damages.
`
`
`
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`10.
`The injuries and damages alleged, all of which are denied by the answering
`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
`
`11.
`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`and provisions of Article 51 of the Insurance Law of the State of New York.
`
`
`
`
`
`
`
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`12.
`
`The plaintiff failed to mitigate his damages.
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`
`
`
`
`
`13.
`That the action against the answering defendants cannot be prosecuted due to the
`plaintiff’s failure to name and likewise prosecute an indispensable party to this litigation.
`
`
`2 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
`Answering defendants are entitled to limitation of liability pursuant to Article 16 of
`
`14.
`the CPLR.
`
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`
`15.
`
`The Complaint fails to state a cause of action upon which relief may be granted.
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`
`
`
`
`
`
`
`16.
`This action lacks merit and is contrary to established law and fact and answering
`defendants are entitled to costs in the sum of $10,000 for this frivolous action.
`
`
`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`
`
`
`17.
`Plaintiff is bound by the provisions of Workers Compensation Law of the State of
`New York and, by virtue of the statutes therein contained are restricted and limited to recovery
`under the provisions of said law.
`
`
`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`
`
`
`18.
`If the plaintiff sustained damages as alleged, such damages occurred while the
`plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of
`the activity and he assumed the risks incidental to and attending the activity.
`
`
`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
`
`
`
`19.
`The plaintiff’s claim is barred by reason of a previous accord, satisfaction and
`release as to the same claim.
`
`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
`
`20.
`Defendants assert Section 15-108 of the General Obligations Law and will ask the
`Court that the defendants be entitled to a set-off for any settlements, releases or discontinuances.
`
`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
`
`21.
`A liability determination has already been judicially determined and any further
`adjudication of these issues is barred by the doctrines of Res Judicata and collateral estoppel.
`
`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
`
`22.
`The defendants were not negligent because they were faced with an emergency
`situation, not of their own making, and acted as a reasonable prudent person would act in the same
`emergency.
`
`3 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`23.
`
`AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
`
`The defendant is immune from liability as it is a not-for-profit corporation.
`
`AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
`
`24.
`The defendants are not liable to the plaintiff as the plaintiff’s actions were the sole
`proximate cause of the alleged occurrence.
`
`AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
`
`The answering defendants were totally uninvolved in the accident alleged.
`
`WHEREFORE, answering defendants demand judgment dismissing the Complaint
`
`together with the costs, interest and disbursements of this action.
`
`Dated: New York, New York
`
`April 11, 2024
`
`
`25.
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: ___________________________
`
`ELIZABETH A. FILARDI
`Attorneys for Defendants
`LUTHERAN SOCIAL SERVICES OF
` METROPOLITAN NEW YORK, INC.
` and ARACELI SANCHEZ REYES
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PIC) 77123
`
`
`
`TO:
`ACCIDENT LAWYERS OF NEW YORK, PLLC
`Attorney for Plaintiff
`1400 Avenue Z, Suite 505
`Brooklyn, NY 11235
`718.676.9100
`andreyesq@gmail.com
`
`4 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`------------------------------------------------------------------------------X
`JOSEPH AMAURIS FIGUEREO MENDEZ,
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 802307/2024E
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`
`
`LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW
`YORK, INC. and ARACELI SANCHEZ REYES.,
`
` 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:
`
`
`The date and time of the occurrence alleged in the Complaint.
`
`1.
`
`
`
`The location of the occurrence alleged in the Complaint.
`
`2.
`
`3.
`A statement of all the acts or omissions constituting negligence which plaintiff will
`claim against the answering defendant.
`
`4.
`
`
`A statement of:
`
`(a) The injuries plaintiff suffered as a result of the alleged occurrence; and
`(b) A description of those claimed by plaintiff 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.
`
`6.
`
`The length of time plaintiff was/were confined to each of the following:
`
`5 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`7.
`
`
`(a) Bed;
`(b) House; and
`(c) Hospital.
`
`State the following:
`
`(a) The occupation of plaintiff;
`(b) The length of time plaintiff was/were incapacitated from employment; and
`(c) The name and address of plaintiff’ employer.
`
`8.
`I. State separately the total amounts or economic loss claimed by plaintiff 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
`
`
`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).
`
`III. Itemize which of the special damages or economic loss represent future
`
`
`damages and in what amount:
`
`
`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
`
`
`IV. Over what period of time does plaintiff claim each of future expenses or
`
`
`losses shall occur:
`
`
`
`
`
`
`PERIOD OF TIME
`
`
`
`SPECIAL DAMAGES
`
`
`
`6 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`(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.
`
`The residence address of plaintiff.
`
`The Social Security number of the plaintiff.
`
`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 vehicle was proceeding immediately before the
`occurrence; and
`(h) The direction in which defendant’ vehicle was proceeding immediately before
`the occurrence.
`
`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.
`
`9.
`
`10.
`
`11.
`
`12.
`
`
`13.
`
`
`14.
`
`
`
`
`7 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`15.
`State the full caption of each and every lawsuit brought on plaintiff’ 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 violated with reference to the
`occurrence alleged in the Complaint.
`
`Dated: New York, New York
`
`April 11, 2024
`
`
`Yours etc.,
`
`
`
`
`
`
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: ___________________________
`
`ELIZABETH A. FILARDI
`Attorneys for Defendants
`LUTHERAN SOCIAL SERVICES OF
` METROPOLITAN NEW YORK, INC.
` and ARACELI SANCHEZ REYES
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PIC) 77123
`
`
`
`
`TO:
`ACCIDENT LAWYERS OF NEW YORK, PLLC
`Attorney for Plaintiff
`1400 Avenue Z, Suite 505
`Brooklyn, NY 11235
`718.676.9100
`andreyesq@gmail.com
`
`8 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`CORPORATE VERIFICATION
`
`
`STATE OF NEW YORK )
`
`
`
`
` :ss.:
`COUNTY OF NEW YORK )
`
`
`
`
`___________________________________________, being duly sworn, deposes and
`
`says:
`
`
`
`I am a ___________________________________ (title) of (company), a defendant in the
`
`within action. I have read the foregoing ANSWER and know the contents thereof; and the same
`
`is true to my own knowledge, except as to the matters therein stated to be alleged upon information
`
`and belief, and as to those matters I believe it to be true. The grounds of my belief as to all matters
`
`not stated upon my own knowledge are based on investigation maintained by this office.
`
`
`
`
`
`
`
`
`
`
`
`____________________________
`
`
`
`
`
`Sworn to before me this
`
`______ day of _______________, 2024
`
`
`___________________________
`(Notary Public)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`9 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`------------------------------------------------------------------------------X
`JOSEPH AMAURIS FIGUEREO MENDEZ,
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 802307/2024E
`
`
`DEMAND FOR
`MEDICARE/MEDICAID
`INFORMATION
`
`
`LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW
`YORK, INC. and ARACELI SANCHEZ REYES.,
`
` Defendants
`----------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395y
`
`(b)(8)(A), the undersigned attorneys for the defendants, , hereby demand that plaintiff furnish
`within thirty (30) days of service of this notice the following:
`
`
`1.
`A statement as to whether the plaintiff has received benefits from either Medicare
`or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If
`so, please state and/or provide:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a. Plaintiff’s full name;
`b.
`Plaintiff’s gender;
`c.
`Plaintiff’s date of birth;
`d.
`Plaintiff’s Social Security number;
`e.
`Plaintiff’s residence telephone number;
`f.
`The Health Insurance Claim Number and/or
`
`Medicare/Medicaid file number;
`g.
`The address of the office handling the plaintiff’s Medicare and/or
`
`Medicaid file;
`h.
`A duly executed authorization bearing plaintiff’s date of birth and Social
`
`Security number permitting this firm and/or the representatives of
`
`defendant to obtain copies of plaintiff’s Medicare and/or Medicaid
`records.
`
`2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10 of 44
`
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`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`3. Provide copies of all documents, records, memoranda, notes, etc., in plaintiff’s
`
`possession pertaining to plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies
`of all documents provided to or received from the Medicare and/or Medicaid administrator.
`
`4. If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a
`
`copy of the claim summary from Medicare and/or Medicaid regarding those claims.
`
`5. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not
`
`receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive
`Medicare and/or Medicaid benefits.
`
`6. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased,
`
`please provide the following:
`
`
`a.
`
`b.
`c.
`
`d.
`e.
`
`
`Relationship of the administrator of
`plaintiff’s estate to plaintiff’s decedent;
` Name and address of plaintiff’s administrator;
`Telephone number and/or e-mail
`address of plaintiff’s
`administrator;
`Social Security number of plaintiff’s administrator;
`An authorization to examine and copy deceased’s
`Medicare and/or Medicaid records.
`
`A. Within thirty (30) days of the date of this demand;
`B. Within twenty (20) days of receiving the above-requested information;
`C. No later than thirty(30) days prior to the commencement of trial.
`
`
`7. Complete the Medicaid form and Medicare Authorization Disclose Personal Health
`
`Information, attached as Exhibit “A” and return it to this office.
`
`PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing
`
`demand and that you are required to serve the demanded information by the earliest of the
`following:
`
`
`
`
`
`If you do not possess the above-requested information, in addition to the form attached as
`
`Exhibit “A”, a letter or Affidavit to that effect should also be submitted.
`
`PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand for
`
`Medicare/Medicaid information may result in the necessity of a motion to compel discovery
`accompanied by a request for the appropriate costs.
`
`
`
`Dated: New York, New York
`
`April 11, 2024
`
`
`
`
`11 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: ___________________________
`
`ELIZABETH A. FILARDI
`Attorneys for Defendants
`LUTHERAN SOCIAL SERVICES OF
` METROPOLITAN NEW YORK, INC.
` and ARACELI SANCHEZ REYES
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PIC) 77123
`
`
`
`
`TO:
`ACCIDENT LAWYERS OF NEW YORK, PLLC
`Attorney for Plaintiff
`1400 Avenue Z, Suite 505
`Brooklyn, NY 11235
`718.676.9100
`andreyesq@gmail.com
`
`
`
`
`12 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`------------------------------------------------------------------------------X
`JOSEPH AMAURIS FIGUEREO MENDEZ,
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 802307/2024E
`
`NOTICE TO TAKE
`DEPOSITIONS
`
`
`
`
`
`LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW
`YORK, INC. and ARACELI SANCHEZ REYES.,
`
` 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 PLAINTIFF 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
`
`
`
`
`13 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: ___________________________
`
`ELIZABETH A. FILARDI
`Attorneys for Defendants
`LUTHERAN SOCIAL SERVICES OF
` METROPOLITAN NEW YORK, INC.
` and ARACELI SANCHEZ REYES
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PIC) 77123
`
`
`
`
`TO:
`ACCIDENT LAWYERS OF NEW YORK, PLLC
`Attorney for Plaintiff
`1400 Avenue Z, Suite 505
`Brooklyn, NY 11235
`718.676.9100
`andreyesq@gmail.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`14 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`------------------------------------------------------------------------------X
`JOSEPH AMAURIS FIGUEREO MENDEZ,
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW
`YORK, INC. and ARACELI SANCHEZ REYES.,
`
` Defendants
`----------------------------------------------------------------------------X
`
`
`Index No: 802307/2024E
`
`NOTICE REGARDING
`DEPOSITIONS
`
`
`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: ___________________________
`
`ELIZABETH A. FILARDI
`Attorneys for Defendants
`LUTHERAN SOCIAL SERVICES OF
` METROPOLITAN NEW YORK, INC.
`
`15 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
` and ARACELI SANCHEZ REYES
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PIC) 77123
`
`
`
`
`TO:
`ACCIDENT LAWYERS OF NEW YORK, PLLC
`Attorney for Plaintiff
`1400 Avenue Z, Suite 505
`Brooklyn, NY 11235
`718.676.9100
`andreyesq@gmail.com
`
`
`
`
`16 of 44
`
`

`

`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`------------------------------------------------------------------------------X
`JOSEPH AMAURIS FIGUEREO MENDEZ,
`
`
`
`
`
` Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No: 802307/2024E
`
`COMBINED DEMANDS
`FOR DISCOVERY
`
`
`
`LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW
`YORK, INC. and ARACELI SANCHEZ REYES.,
`
` Defendants
`----------------------------------------------------------------------------X
`
`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
`
`
`You are hereby required, pursuant to the Rules of this Court, to serve upon and deliver to
`
`the undersigned and all other parties to the action, the following:
`
`Copies of the medical reports of those physicians who have treated or examined the party
`(a)
`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.
`
`Duly executed and acknowledged written authorizations (containing full name & address
`(b)
`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.
`
`Duly executed authorizations(containing full name & address of doctor/hospital)and fully
`(c)
`compliant with HIPAA regulations permitting defendant 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,
`(d)
`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
`(e)
`the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services.
`
`
`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION
`
`17 of 44
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`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`
`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 or on behalf of plaintiff of any
`independent medical examination conducted on behalf of the defendant within thirty (30) days of
`the date 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 STATEMENTS
`
`
`
`Demand is hereby made for the following relative to the party or parties represented by the
`
`undersigned (herein “the party”):
`
`Copies of any and all written statements taken of or from the party, an agent, servant or
`1.
`employee.
`
`A statement indicating the substance of any oral statements concerning any issue in this
`2.
`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
`3.
`employee.
`
`Copies of any and all transcriptions of recorded statements taken of or from the party, an
`4.
`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
`agreements whereby plaintiff has received or in the future are reasonably likely to receive
`payments for special damages incurred or to be incurred, as alleged in the Complaint.
`
`
`
`All payments or indemnity received from collateral sources for past special
`a)
`
`damages or economic losses.
`
`
`This information is to include but not be limited to:
`
`18 of 44
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`

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`FILED: BRONX COUNTY CLERK 04/11/2024 12:22 PM
`NYSCEF DOC. NO. 5
`
`INDEX NO. 802307/2024E
`
`RECEIVED NYSCEF: 04/11/2024
`
`All reasonably certain payments or indemnity to be received from collateral sources
`b)
`
`for future special damages or economic losses.
`
`The identity of each insurer (except life insurer) which has or is reasonably certain
`c)
`
`to provide payments or indemnity by:
`
`names of insurer;
`1.
`
`
`address of i