FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO. 17
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`
`
`
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 05/15/2023
`
`Exhibit “B”
`
`

`

`
`
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`
`
`RECEENEEX WGC3595/ 28938 23
`NY
`S835,
`BOG.
`702/2022 03:38 PM
`RECEIVED NYSCEF: 05/15/2023
`NYSCEF DOC. NO. 17
`RECEIVED NYSCEF: 11/02/2022
`NYSCEF DOC. NO.
`8
`
`SUPREME COURTOF THE STATE OF NEW YORK
`COUNTY OF BRONX
`eeexX
`ISAIAS FLORES MARTINEZ,
`
`Index No.: 81353 1/2022E
`
`Plaintiff,
`
`VERIFIED ANSWER
`
`-against-
`
`DENNIS ALGARIN AND QLR FIVE LLC,
`
`Defendants.
`Sibeaecat rs atone erecnsececsanenennstess x
`
`Defendants, DENNIS ALGARIN and QLR FIVE LLC,by their attorneys, MILLER,
`LEIBY & ASSOCIATES,P.C., answer the Verified Complaint, dated September 13, 2022, of
`
`the plaintiff herein, and allege as follows:
`
`1. Deny knowledge or information sufficient to forma beliefas to the allegations as
`contained in Paragraph "1" of plaintiff's Verified Complaint.
`
`2. Deny knowledgeor informationsufficient to form a belief as to the allegations as
`contained in Paragraph "2" ofplaintiff's Verified Complaint.
`
`3. Deny the allegations as contained in Paragraph "3"ofplaintiff's Verified Complaint.
`
`4. Admit the allegations as contained in Paragraph "4"of plaintiff's Verified Complaint.
`
`5. Admit the allegations as contained in Paragraph "5"ofplaintiffs Verified Complaint.
`
`6. Admit the allegations as contained in Paragraph "6"ofplaintiffs Verified Complaint.
`
`7. Admit the allegations as contained in Paragraph "7" ofplaintiff's Verified Complaint.
`
`8. Deny in the form alleged the allegations as contained in Paragraph "8"ofplaintiff's
`Verified Complaint.
`
`9. Deny the allegations as contained in Paragraph "9"ofplaintiff's Verified Complaint.
`
`10. Denyin the form alleged the allegations as contained in Paragraph "10"ofplaintiff's
`Verified Complaint.
`
`11. Admit the allegations as contained in Paragraph "11" of plaintiff's Verified Complaint.
`
`1 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NY
`
`eTLEDG BRONK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`8
`NYSCEF DOC. NO.
`
`
`
`INDEX NO. 813531/2022E
`TNDEX NO- 849931 (20228
`
`
`
`RECETAY WscBt2°65/437%23
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 11/02/2022
`
`12.
`
`Admitthe allegations as contained in Paragraph "12" of plaintiff's Verified Complaint.
`
`13.
`
`Denyinthe form alleged the allegations as contained in Paragraph "13"ofplaintiff's
`Verified Complaint.
`
`14.
`
`Deny in the form alleged the allegations as contained in Paragraph "14"ofplaintiff's
`Verified Complaint.
`
`15.
`
`Denythe allegations as contained in Paragraph "15"ofplaintiff's Verified Complaint.
`
`16.
`
`Denythe allegations as contained in Paragraph "16"of plaintiff's Verified Complaint.
`
`17.
`
`Deny knowledge or information sufficient to form a beliefas to the allegations as
`contained in Paragraph "17"of plaintiff's Verified Complaint.
`
`18.
`
`Denythe allegations as contained in Paragraph "18" of plaintiff's Verified Complaint.
`
`19.
`
`Deny the allegations as contained in Paragraph "19"ofplaintiff's Verified Complaint.
`
`20.
`
`Deny theallegations as contained in Paragraph "20"ofplaintiff's Verified Complaint.
`
`21.
`
`Denythe allegations as contained in Paragraph "21"ofplaintiff's Verified Complaint.
`
`22.
`
`Denythe allegations as contained in Paragraph "22"ofplaintiff's Verified Complaint.
`
`23.
`
`Deny the allegations as contained in Paragraph "23"ofplaintiff's Verified Complaint and
`respectfully refer all matters of law to the Court.
`
`24.
`
`Denythe allegations as contained in Paragraph "24"ofplaintiff's Verified Complaint and
`respectfully refer all matters of law to the Court.
`
`25.
`
`Deny the allegations as contained in Paragraph "25"ofplaintiff's Verified Complaint.
`
`26.
`
`Denythe allegations as contained in Paragraph "26"ofplaintiff's Verified Complaint and
`respectfully refer all matters of law to the Court.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`27.
`
`That to the extent the defendants may be foundliable to the plaintiff, upon information
`and belief, the conduct of the plaintiff, includingplaintiff's contributory negligence, as a
`matter of fact and law, and including plaintiff's assumption ofthe risks inherent in the
`activities engaged in, were such so that the amount of damages otherwise recoverable
`must be diminishedin that proportion which the culpable conductattributable to plaintiff
`bears to the culpable conductalleged to have caused damages.
`
`28.
`
`Defendants assert that this case falls within the limited liability provisions of Section
`1601 of the Civil Practice Law and Rules, and that said defendants’ liability, if any, shall
`be limited to the equitable share of the total liability.
`
`2 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NY§*ET,Bpc- BRONWK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`mh
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/20225
`
`
`RECEANBEX WPSc#H3565/2892%23
`
`
`RECEIVED NYSCEF: 05/15/2023
`11/02/2022
`RECEIVED NYSCEF:
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`. That if it should be found aftertrial that the defendants are liable to the plaintiff in the
`amount of fifty percent (50%) or less of the total liability assigned to all persons liable,
`the liability of the defendants to the plaintiff for non-economic loss shall not exceed the
`defendants’ equitable share determined in accordancewith the relative culpability of each
`person causingor contributing to the total liability for non-economic loss in accordance
`with Article 16 of the CPLR.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`. If any damages are recoverable against defendants, the amount of such damagesshall be
`diminished by the amount ofthe funds whichplaintiffs have or shall receive from such
`collateral source.
`
`. Upon information andbelief, any past costs or expenses incurred or to be incurred by the
`plaintiffs for medical care, loss of earnings or other economic loss, has been or will with
`reasonable certainty be replaced or indemnified in whole or in part from a collateral
`source as definedin Section 4545(c) of the New York Civil Practice Law and Rules.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`. That the plaintiffs damages, if any, were caused, in whole orin part, by the culpable
`conduct of a plaintiff, third-party or parties over whom the defendants exercised no
`control and for whom the answering defendant is not legally responsible.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`. That by reason of all of the provisions of Article 51 of the New York Comprehensive
`Motor Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks
`jurisdiction over the subject matter of this action and plaintiffs are expressly prohibited
`by the above mentioned law from maintaining this action.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`34.
`
`That if it be determined hereafter that plaintiffs or any party to this lawsuit have
`proceededto arbitration with respect to any issue relevant to this action which results in
`an adverse ruling to said plaintiffs or parties, then and in that event,
`the answering
`defendant hereby pleads said. adverse ruling or award on the theory of collateral estoppel
`under the authority of MATTER OF AMERICAN INSURANCE CO. (MESSENGER-
`AETNACAS. & SUR. CO.), 43 N.Y.2d 184, 401 N.Y.S. 2d 36,ALTMAN v. QUEENS
`TR. CORP.. 94 Misc. 2d 184, 549, 405 N.Y.S. 212; DERMATOSSIAN v. NEW YORK
`CITY TRANSIT AUTHORITY,
`67 N-Y.2d 219, 501 N.Y-S. 2d 784; c.f. BALDWIN v.
`
`
`BROOKS,
`83 A.D. 2d 85, 443 N.Y.S.2d 906; CLEMMENS v. APPLE, 65 N.Y.2d 746
`
`and SCHULTZ v. BOYSCOUTS OF AMERICA, 65 N.Y.2d 189.
`
`3 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`NYSCEF DOC. NO. 17
`SET PD: KRONK
`COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO.
`
`8
`
` ry
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/20225
`
`
`
`
`RECE ENPBXWc3565/2872 23
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 11/02/2022
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`35.
`
`Plaintiff's alleged injuries, if any, were caused in whole or in part by pre-existing
`conditions. Plaintiff failed to mitigate and/or are exaggerating claims madein the instant
`occurrence.
`
`AS AND FOR AN EIGHTHAFFIRMATIVE DEFENSE
`
`36.
`
`Thatthe plaintiff's damages, if any, were caused, in whole or in part, by superseding and
`intervening acts over which the defendants exercised no control and for whom the
`defendants are not legally responsible.
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
`37.
`
`Plaintiff fails to assert a viable cause of action.
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`
`38.
`
`Defendants invokethe affirmative defense of the emergency doctrine
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`
`39.
`
`Thatif the plaintiff suffered injury and damages in the manner and at the time and place
`alleged in the Complaint, which the defendants denies and it be determined that said
`injury and damages were caused and contributed to by reason ofthe plaintiffs failure to
`use or properly use seatbelts or restraining devices, pursuant to the authority of SPIER
`
`V. BARKER, 35 N.Y.2d 444, 363 N.Y.S.2d 916, defendant hereby pleadssaid failure in
`mitigation of damages.
`
`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`
`40.
`
`QLR FIVE LLC cannotbe held liable as an “owner” of a motor vehicle under Vehicle
`& Traffic Law §388 based upon the application of federal statute known as 49 U.S.C.A
`§30106.
`
`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`
`41.
`
`That the Defendants has/have not been served in any mannerin accordance with the laws
`of the State of New York and therefore, there is no jurisdiction over the person of
`this/these defendants.
`
`4 of 35
`
`

`

`
`
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`
`
`
`NY(ELBDG.BRONKCOUNTYCLERK11/02/2022 03:38 PM RECETUBES Wiser3585/2872% 23
`NYSCEF DOC. NO. 17
`RECEIVED NYSCEF: 05/15/2023
`NYSCEF DOC. NO.
`8
`RECEIVED NYSCEF: 11/02/2022
`
`WHEREFORE,it is respectfully requested that the Verified Complaint be dismissed in
`
`its entirety,
`
`together with costs and disbursements being awarded to these Answering
`
`Defendants, along with such other, further and different relief as to this Court may seemjust and
`
`proper.
`
`Dated: New York, New York
`November 2, 2022
`
`Yours, étc.,
`
`6 Cana Biebenel
`By: Oana Brebenel, Esq.
`MILLER, LEIBY & ASSOCIATES,P.C.
`Attorneysfor Defendants
`DENNIS ALGARINand QLR FIVE LLC
`32 Broadway, 13Floor
`New York, NY 10004
`(212) 227-4200
`
`TO:
`
`Subin Associates LLP
`Attorneysfor Plaintiff
`ISAIAS FLORES MARTINEZ
`150 Broadway, 23" Floor
`New York, New York 10038
`(212) 285-3800
`
`5 of 35
`
`

`

`
`
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`
`
`
`NY(FELBDG.BRONKCOUNTYCLERK11/02/2022 03:38 PM RECETYRES Wsce#?568/4872623
`RECEIVED NYSCEF: 05/15/2023
`NYSCEF DOC. NO. 17
`RECEIVED NYSCEF: 11/02/2022
`NYSCEF DOC. NO.
`8
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`SESena eTtates concencecmcccncenx
`ISAIAS FLORES MARTINEZ,
`
`Plaintiff,
`
`-against-
`
`DENNIS ALGARIN AND QLR FIVE LLC,
`
`Defendants.
`carne psncetegenecnnenc eaten parecer atatsreperaraencanecercesetgummypaemermepsssnnsnszsg neg eeeeX
`
`Index No.: 81353 1/2022E
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`PLEASE TAKE NOTICE,that demandis hereby madethat you serve a verified bill of
`particulars as to the following matters with respect to the cause of action of each plaintiff herein
`within twenty (20) daysafter the service of this demand:
`
`1.
`
`2.
`
`3.
`
`4.
`
`bh
`
`Set forth the social security numberofthe plaintiff(s).
`
`Set forth the date of birth and place of birth of each plaintiff.
`
`Set forth the residence address for each plaintiff:
`
`a)
`b)
`
`At present; and,
`Attime of the occurrence complained of in the Complaint.
`
`The date and time of the occurrence complainedof.
`
`The place of occurrence, indicating:
`
`(a)
`
`(b)
`
`(c)
`
`the address thereof and if there is no address, a
`If upon premises,
`description ofthe location thereof;
`
`If upon a stairway, the location thereof and the specific step involved;
`
`If upon a sidewalk or roadway, in front of what numbered premises, the
`distance from the nearest
`intersecting street, and the nearest curb or
`building line and;
`
`(d)
`
`If at someother location, a description of same.
`
`6.
`
`The acts or omissions constituting the negligence claimed.
`
`6 of 35
`
`

`

`ry
`
`
`INDEX NO.
`813531/2022E
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`
`RECETVER Wace3 964/28938 23
`
`NY{PET.BOG.BRONKCOUNTYCLERK11/02/2022 03:38 PM
`RECEIVED NYSCEF: 05/15/2023
`NYSCEF DOC. NO. 17
`RECEIVED NYSCEF:
`11/02/2022
`NYSCEF DOC. NO.
`8
`
`The manner in which the accident occurred.
`
`Thespecific statutes, ordinances, rules, regulations and laws claimed to have been
`
`violated by defendant(s).
`
`Whether plaintiff(s) will claim some other person, condition, or things caused or
`contributed to the alleged negligence or nuisance complained of, and if plaintiff
`will so claim,state the particulars of the claimed negligence and nuisance.
`
`thing, obstruction or defect and nature thereof which
`The specific article,
`plaintiff(s) will claim contributed to or caused the accident.
`
`The length of timethe plaintiff(s) will claim the alleged defect existed priorto the
`
`accident.
`
`State whether actual or constructive notice is claimed:
`
`(a)
`
`(b)
`
`If actual notice is claimed, set forth the date when the said notice was
`given; the name and address of the person who allegedly gave the notice
`to the defendant(s), and the name and address of the person(s) who
`allegedly received said notice;
`if oral, state the substance thereof; if written, set forth a copy thereof.
`
`If constructive notice is claimed, set forth the length of tirne it will be
`claimed that the alleged conditions complained of had existed prior to the
`said occurrence.
`
`13.
`
`If actual notice is claimed, a statement of when and to whom same wasgiven.
`
`the injuries and
`The injuries sustained and conditions resulting therefrom;
`conditions claimed to be permanent and the duration of those claimed not to be
`
`permanent.
`
`Set forth the length of time plaintiff(s) was/were confined to the following,
`
`indicating the approximate dates:
`
`a)
`b)
`c)
`
`Hospital;
`Bed; and,
`Home.
`
`7 of 35
`
`

`

`
`
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`
`
`
`NY(@EE.HOG.BRONKCOUNTYCLERK11/02/2022 03:38 PM RECEIVERS WWScett? 903/2873623
`
`
`
`RECEIVED NYSCEF: 05/15/2023
`NYSCEF DOC. NO. 17
`8
`NYSCEF DOC. NO.
`RECEIVED NYSCEF: 11/02/2022
`
`Set forth all hospitals, clinics or medical institutions where plaintiff(s) received
`treatment for injuries allegedly sustained as a result of defendant’s alleged
`
`negligence, indicating dates of treatment.
`
`Set forth the names and addresses of all doctors and other medical care providers
`
`who treated, examined or madea diagnosis or provided therapy to plaintiff(s) for
`the injuries sustained as a result of defendant’s alleged negligence, indicating the
`
`dates of services rendered.
`
`If plaintiff(s) claim aggravation of a pre-existing condition, set forth:
`
`a)
`b)
`
`c)
`
`d)
`
`The nature of the pre-existing condition;
`For how long a period oftime said condition existed prior to the
`alleged negligence;
`The names and addresses ofall medical care providers who
`renderedservices to plaintiff(s) for said pre-existing condition
`prior to the occurrence alleged in the complaint;
`The names and addressesofall medical care providers who
`rendered servicesto plaintiff(s) for any aggravation ofsaid pre-
`existing condition subsequent to the occurrencealleged in the
`Complaint, indicating date of treatment.
`
`The vocation of injured or deceased plaintiff(s) at
`occurrence.
`
`the time of the alleged
`
`Ifplaintiff(s) was/were employed,set forth:
`
`a)
`b)
`
`The names and address of the employer; and
`The dates and length of time incapacitated from employment,if
`applicable.
`
`If plaintiff(s) was/were enrolled in school, set forth:
`
`a)
`b)
`
`The name and addressof the school; and
`The length of time incapacitated from attending school, indicating
`the dates absent.
`
`The average weekly income at the time of occurrence and the total income
`
`claimed lost by reason of the occurrence.
`
`If loss of earningsis claimed, set forth whether any portion, in wholeor in part,
`was reimbursed by disability insurance, worker’s compensation or some other
`collateral source.
`
`8 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NYfCERmDe. BRONX COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`8
`NYSCEF DOC. NO.
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECEDES WscBt 2234749728 23
`
`RECEIVED NYSCEF: 05/15/2023
`
`RECEIVED NYSCEF: 11/02/2022
`
`24.
`
`Set forth the total amounts claimed as special damages foreach of the following:
`
`Physician’s services, indicating the amount for each physician and
`the nameof the physician;
`Hospitals and clinics, indicating the amount for each and the name
`of each;
`Medical supplies, indicating whether the supplies were ordered by
`a medical care provider and by whom;
`Therapists, indicating the names ofsaid therapists;
`Nurses (visiting and private duty) indicating the names and
`addresses of the nursing agency used;
`Loss of earnings; and,
`Other.
`
`d)
`e)
`
`f)
`g)
`
`If any of the special damages set forth in question 24 above were reimbursed by
`insurance, worker’s compensation, medicaid or social services or other collateral
`
`source, set forth:
`
`a)
`b)
`c)
`
`The amounts reimbursed;
`The reimbursing agency; and
`Whether any said reimbursing agency has filed a lien in connection
`therewith.
`
`Set forth whether plaintiff(s) has ever sustained injuries, prior to the incident
`alleged in the Complaint, to the same portion(s) of the body as were allegedly:
`injured as a result of defendant(s) alleged negligence.
`
`If the answer to question 26 is in the affirmative, set forth:
`
`a)
`b)
`
`c)
`
`Thedate of said injury;
`The physicians and hospitals or clinics who rendered services in
`connection therewith; and
`Whetherany action in any Court was broughtas a result of said
`injuries.
`
`Set forth whether any legal actions have been brought or claims made for the
`injuries complained of herein other than in the present proceedings.
`
`Set forth with specificity any andall allegations as to how each and every plaintiff
`will meet
`the No-Fault threshold pursuant to the relevant provisions of the
`
`Insurance Law.
`
`9 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NYGSEF,MOG. BRONK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECESNAAY WescPh3585/4892 23
`
`RECEIVED NYSCEF: 05/15/2023
`
`RECEIVED NYSCEF: 11/02/2022
`
`PLEASE TAKE FURTHER NOTICE,that if the above demandis not complied with within the
`next twenty days, an application will be made to preclude the plaintiff(s) from giving any
`evidence thereof upon thetrial of this action, pursuant to Sections 3041 and 3044 of the CPLR.
`
`Dated: New York, New York
`November 2, 2022
`
`Yours,etc.,
`
`_lo Cana Buekenel
`By: Oana Brebenel, Esq.
`MILLER, LEIBY & ASSOCIATES,P.C.
`Attorneysfor Defendants
`DENNIS ALGARINand QLR FIVE LLC
`32 Broadway, 13" Floor
`New York, NY 10004
`(212) 227-4200
`
`TO:
`
`Subin Associates LLP
`Attorneysfor Plaintiff
`ISAIAS FLORES MARTINEZ
`150 Broadway, 23"Floor
`New York, New York 10038
`(212) 285-3800
`
`10 of 35
`
`

`

`
`
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`
`
`RECEEVERX WScHl3 595./28736 23
`N
`BoC.
`702/2022 03:38 PM
`RECEIVED NYSCEF: 05/15/2023
`NYSCEF DOC. NO. 17
`RECEIVED NYSCEF: 11/02/2022
`NYSCEF DOC. NO.
`8
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`secoseeeeepromreerSah a aaascatx
`ISAIAS FLORES MARTINEZ,
`
`Plaintiff,
`
`-against-
`
`DENNIS ALGARIN AND QLR FIVE LLC,
`
`Defendants.
`scar cirecaatinsiciscrirtecnspecrniaimici sto aera ce amaanoarnanaemesceeesx
`
`Index No.: 813531/2022E
`
`COMBINED DISCOVERY
`DEMANDS
`
`PLEASE TAKE NOTICE,thatall parties are hereby requested to produce to and permit
`copying the defendants, DENNIS ALGARIN AND QLR FIVE LLC, by their attorneys,
`MILLER, LEIBY & ASSOCIATES,P.C., the following specified information and documents in
`
`yourpossession, control and /or custody:
`
`DOCUMENTS
`
`1. All documents, photographs, videotapes, films, surveillance notes, medical records/
`reports, and other exhibits which any party intends to introduce into evidence, and/or rely
`upon at the time oftrial.
`2. All x-rays, MRIs, CAT scans and other radiographic photographs/films taken of the
`
`plaintiff.
`3. Duly executed authorizations for the release of all hospital records, medical reports,
`medical
`charts/entries,
`x-rays, MRIs, CAT
`scans
`and
`other
`radiographic
`photographs/films, sign-in sheets, medical forms, diagnostic tests, maintained by all
`healthcare providers who afforded treatment
`to the plaintiff for injuries allegedly
`
`4.
`
`sustained in the subject accident.
`If any injuries alleged herein are pre-existing, duly executed authorizationsforthe release
`ofall hospital records, medical reports, medical charts/entries, x-rays, MRIs, CAT scans
`and other radiographic photographs/films, sign-in sheets, medical forms, diagnostictests,
`maintained by all healthcare providers who afforded treatment to the plaintiff for those
`
`injuries.
`
`11 of 35
`
`

`

` mh
`
`INDEX NO. 813531/2022E
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`INDEX NO. 813531/2022:
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`
`
`702/202203:38PMRECEINBAX WocBR 2564/2892] 23
`
`
`
`NYSCEF DOC. NO. 17
`RECEIVED NYSCEF: 05/15/2023
`8
`RECEIVED NYSCEF: 11/02/2022
`NYSCEF DOC. NO.
`
`All contracts, leases or other agreements between and/or among any of the parties to this
`
`action or anyone ontheir behalf.
`Eachand every bill, statement, document, report,memorandareceived by the plaintiff or
`anyoneonplaintiff's behalf from any of the defendants.
`Each and every bill, statement or accountor itemized charge received by the plaintiff or
`anyoneon their behalf pertaining to any item ofspecial damagesalleged.
`Copies of proof of purchase of the Index number and Affidavits of Service of process
`
`upon the defendant.
`
`STATEMENTS
`
`10.
`
`The original of each andevery statement and other writing taken or received by any party
`or their respective attorneys, agents or representatives, from any said defendant and
`permitting said defendant, or the undersigned attorney acting on behalf of said defendant
`to inspect and copy suchstatement and writing.
`The name(s) and residence(s) of each and every individual who spoke, discussed or
`otherwise communicated with the defendant about the occurrenceofthe alleged injuries
`herein or the alleged instrumentality for said alleged injuries, together with the business
`andresidence address of each individual, together with any notes or memoranda made by
`such individuals, or by anyone on behalf of the attorneys for any adverse party with
`respect to each such conversation, discussion or review.
`
`INCOME TAX AND EMPLOYMENT RECORDS
`
`11.
`
`2,
`
`13.
`
`The names and addressesofall institutions, firms, corporations, partnerships, persons or
`others by whom theplaintiff was employed by or from whomtheplaintiff received salary
`and/or benefits for five (5) years prior to plaintiff's alleged accident as claimed herein,
`through to the present, along with duly executed authorizations for the release of the
`plaintiff's employment records.
`Copies of plaintiff's State, Local and Federal tax return for the five (5) years prior to
`plaintiff's accident as claimed herein through to the present, along with duly executed
`authorizations for the release of plaintiff's tax records.
`In the eventthatthe plaintiff was self-employed, an independent contractor, employed by
`relatives, it is demandedthat the plaintiff provide duly executed authorizations to permit
`the defendant to obtain copies of any and all Federal, State and City incometax returns
`
`12 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NY§CER,BDG. BRONK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`ry
`
`
`INDEX NO.
`813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECE LVRS Wace3568/2873%23
`
`
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF:
`11/02/2022
`
`for the years specified in item “1”, and it is further demanded that the plaintiff produce
`for copying and inspection all W-2 forms for the years specified hereinabove.
`COLLATERAL SOURCE/LIEN
`
`14.
`
`Any andall books, records, bills, insurance applications, insurance receipts, cancelled
`checks, copies of checks and any andall other records pertaining to collateral source
`reimbursement received byplaintiff on behalf of plaintiffs special damages alleged in
`the instant lawsuit, and duly executed authorizations for release of copies ofall collateral
`source reimbursementrecords maintained on the plaintiffs for the subject accident.
`. Namesand addressesofall agencies, individuals or institutions with a lien or a potential
`
`lien on any recovery in this matter.
`
`WITNESSES
`
`. The names, residence address and business address of the following persons claimed by
`
`the plaintiff to be witnesses herein:
`(a)
`All persons claimed by the plaintiffs to have witnessed the occurrence of, the
`cause of, the alleged accident, damages, and/or the inception of the injuries
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`alleged herein;
`All persons claimedbytheplaintiffs to have witnessed any ofthe alleged defects
`complained ofprior to the occurrence complained ofherein;
`All persons claimed by the plaintiffs to have knowledge of the alleged defect
`complained ofprior to the occurrence complained of herein; and,
`All persons who will
`testify as to the plaintiffs’ physical conditions and
`limitations following the alleged occurrence.
`All persons claimed bytheplaintiffs to have witnessed the treatment which was
`allegedly rendered,
`including witnesses to any physical examination,
`test,
`consultation, prescription or advice, performed by, at the request of, on behalf of
`or rendered by any healthcare providers for injuries allegedly sustained in the
`
`subject accident.
`17. Name, badge numberandprecinct of any police officer who rendered assistance or was
`
`otherwise involved in this action.
`
`18.
`
`Nameand badge number of any Emergency Medical personnel who rendered assistance
`
`or was otherwise involved in this action.
`
`13 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NY PETPDS. BRONK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECEINEEX NSH3563/2873823
`
`
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 11/02/2022
`
`19. Name of any private or hospital ambulance that rendered assistance or was otherwise
`
`involvedin this action.
`
`20. The names and addresses ofall parties, and their attorneys, who have appeared in this
`
`action.
`
`PHOTOGRAPHS
`
`21. All photographs and/or videotape footage of any injuries allegedly sustained by the
`
`plaintiff.
`22. All photographs and/or videotape footage of the scene ofthe alleged occurrence.
`
`Dated: New York, New York
`November 2, 2022
`
`Yours, etc.,
`
`_[sCanaBuebeneh
`By: Oana Brebenel, Esq.
`MILLER, LEIBY & ASSOCIATES,P.C.
`Attorneysfor Defendants
`DENNIS ALGARIN and QLR FIVE LLC
`32 Broadway, 13™ Floor
`New York, NY 10004
`(212) 227-4200
`
`TO:
`
` Subin Associates LLP
`Attorneysfor Plaintiff
`ISAIAS FLORES MARTINEZ
`150 Broadway, 23" Floor
`New York, New York 10038
`(212) 285-3800
`
`14 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NYGCERHOG. BRONX COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECENAEX Ws ct 35357499% 23
`
`RECEIVED NYSCEF: 05/15/2023
`
`RECEIVED NYSCEF: 11/02/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`<iSSEASA EIIREHES x
`ISAIAS FLORES MARTINEZ,
`
`Plaintiff,
`
`-against-
`
`DENNIS ALGARIN AND QLR FIVE LLC,
`
`Defendants.
`essesceeeaeseneneeneseteteeetnrornneestene orn ecenaepeteensetmeeemm enemyermmrerseet STExX
`
`Index No.: 813531/2022E
`
`DEMAND FOR
`MEDICARE/MEDICAID
`INFORMATION
`
`PLEASE TAKE NOTICE,that the defendants, DENNIS ALGARIN AND QLR FIVE
`
`LLC, by their attorneys, MILLER, LEIBY & ASSOCIATES, P.C., hereby demands that
`
`pursuant to Article 31 of the CPLR and 42 USC §1395y (b) (8) (A), hereby demandthat 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:
`
`monose
`
`Plaintiff's full name;
`Plaintiffs gender;
`Plaintiff's date of birth;
`Plaintiff's Social Security number;
`Plaintiff's residence telephone number;
`The Health Insurance Claim Number and/or Medicare/Medicaidfile
`Number;
`g. The addressofthe office handling the plaintiff's Medicare and\or
`Medicaid file;
`h. A duly executed authorization bearing plaintiff's date ofbirth and Social
`Security numberpermitting this firm and/or the representatives of
`defendant(s) to obtain copies ofplaintiff's Medicare and/or
`Medicaid records.
`
`2. State whether Medicare and/or Medicaid has a lien and the amount of any such
`lien.
`
`3. Provide copies ofall documents, records, memoranda, notes, etc., in
`
`15 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NYfCER,.EDG. BRONX COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECEDES Weoc#t 3534/4999 23
`
`
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCHF: 11/02/2022
`
`plaintiffs 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.
`
`5,
`
`lf 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.
`
`Ifplaintiffhas not received Medicare and/or Medicaid benefits in the past oris not
`receiving Medicare and/or Medicaid benefits now, state whether plaintiff is
`eligible to receive Medicare and/or Medicaid benefits
`
`PLEASE TAKE FURTHER NOTICE,that pursuant to CPLR,this is a continuing
`
`demand and that you are required to serve the demanded information within (30) days of
`
`the date of this demand.
`
`PLEASE TAKE FURTHER NOTICE,that failure to comply with this Demand for
`
`Medicare/Medicaid information mayresult in the necessity of a Motion to Compeldiscovery
`
`accompanied by a request for the appropriate costs.
`
`Dated: New York, New York
`November2, 2022
`
`Yours, etc.,
`
`_|sOanaBrobenee
`By: Oana Brebenel, Esq.
`MILLER, LEIBY & ASSOCIATES,P.C.
`Attorneysfor Defendants
`DENNIS ALGARINand QLR FIVE LLC
`32 Broadway, 13Floor
`NewYork, NY 10004
`(212) 227-4200
`
`TO:
`
` Subin Associates LLP
`Attorneysfor Plaintiff
`ISAIAS FLORES MARTINEZ
`150 Broadway, 23" Floor
`New York, New York 10038
`
`16 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NY$SE,HDG. BRONK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/2022E
`
`
`RECE PVBESWc3 Gd/2973823
`
`
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 11/02/2022
`
`(212) 285-3800
`
`17 of 35
`
`

`

`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 PM
`FILED: BRONX COUNTY CLERK 05/15/2023 02:15 P
`NY€ET, DG. BROMK COUNTY CLERK 11/02/2022 03:38 PM
`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO.
`8
`
`
`
`INDEX NO. 813531/2022E
`INDEX NO. 813531/20225
`
`
`RECEDES Wcr#3563/238738 23
`
`
`RECEIVED NYSCEF: 05/15/2023
`RECEIVED NYSCEF: 11/02/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`eee eee sneer aegeiac Haye esrreccen nates ps siaiotetouaintmanaatmecancninienios x
`ISAIAS FLORES MARTINEZ,
`
`Plaintiff,
`
`-against-
`
`DENNIS ALGARIN AND QLR FIVE LLC,
`
`Defendants.
`ene exX
`
`Index No.: 813531/2022E
`
`DEMAND PURSUANT TO
`CPLR§ 306(b)
`
`IT IS HEREBY DEMANDEDthat youserve upon the undersigned, either a copy ofthe
`
`receipt for the index numberpurchased or the date the index numberwas purchasedas persaid
`
`receipt.
`
`Dated: New York, New York
`November 2, 2022
`
`Yours, etc.,
`
`_|oOanaBuebenel
`By: Oana Brebenel, Esq.
`MILLER, LEIBY & ASSOCIATES,P.C.
`Attorn