FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name
`as true name is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`C O U N S E L O R S :
`
`
`
`
`CERTIFICATION
`
`Index No: 817029/2023E
`
`
`Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the
`
`Courts of New York State certifies that, upon information and belief and reasonable inquiry, the
`
`contentions contained in the annexed document are not frivolous.
`
` Verified Answer
` Demand for Verified Bill of Particulars
` Notice for Discovery and Inspection
` Demand for Expert Witness Information
` Demand Pursuant to CPLR §4545
` Demand Pursuant to CPLR §3017
` Demand for Disclosure as to Medicare/Medicaid Lien
` Notice for Examination Before Trial
` Demand for Social-Media with Notice to Preserve
`
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`
`Alexa Rissoff
`LAW OFFICES OF SHAHAB KATIRACHI
`Attorneys for Defendant
`DAVID E. PYC
`One Pennsylvania Plaza
`50th Floor / Suite 5003
`New York, NY 10119
`Tel No.: (212) 553-8700/AR/ll
`File No: Y3RAL52886-001
`
`
`
`1 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`
`To: OFSHTEIN LAW FIRM, P.C.
`Attorney for Plaintiffs
`MICHELLE MARTINEZ and
`JOANNA MICHELLE MARTINEZ
`398 Kings Highway
`Brooklyn, NY 11223
`
`
`
`
`
`2 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`VERIFIED ANSWER
`
`Index No: 817029/2023E
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name
`as true name is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`
` C
`
` O U N S E L O R S :
`
`The Defendant DAVID E. PYC by his attorneys, Law Offices of Shahab Katirachi,
`
`answering the plaintiffs’ complaint herein, respectfully alleges, upon information and belief, as
`
`follows:
`
`1.
`
`The defendant denies knowledge or information thereof sufficient to form a belief
`
`as to the allegations contained in the paragraphs designated 1, 2 and 4 of the verified complaint.
`
`FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF
`MICHELLE MARTINEZ
`
`The defendant denies the allegations contained in the paragraphs designated 6, 7,
`
`2.
`
`10, 13, 14, 15, 16, 17, 18, 19 and 20 of the verified complaint.
`
`3.
`
`The defendant denies knowledge or information thereof sufficient to form a belief
`
`as to the allegations contained in the paragraphs designated 8, 9, 11 and 12 of the verified
`
`complaint.
`
`
`
`3 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`SECOND CAUSE OF ACTION ON BEHALF OF PLAINTIFF
`JOANNA MICHELLE MARTINEZ
`
`In response to the paragraph designated 21 the defendant repeats and reiterates
`
`4.
`
`each and every denial to the allegations in the paragraphs designated 1 through 20 of the verified
`
`complaint with the same force and effect as though fully set forth at length herein.
`
`5.
`
`The defendant denies the allegations contained in the paragraphs designated 23,
`
`24, 30, 31, 32, 33, 34, 35, 36 and 37 of the verified complaint.
`
`6.
`
`The defendant denies knowledge or information thereof sufficient to form a belief
`
`as to the allegations contained in the paragraphs designated 25, 26, 27, 28 and 29 of the verified
`
`complaint.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`Upon information and belief, that the actions of the plaintiffs had certain risks attendant
`
`thereto, which were obvious and well known to the plaintiffs at all times, and those risks were
`
`assumed by the plaintiffs, and whatever injuries and damages the plaintiffs received, and which
`
`are complained of by the plaintiffs herein, arose from and were caused by those risks thus
`
`assumed by the plaintiffs.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`Upon information and belief, any past or future costs or expenses incurred or to be
`
`incurred by the plaintiffs for medical care, dental care, custodial care or rehabilitative services,
`
`loss of earnings or other economic loss, have been or will with reasonable certainty be replaced
`
`or indemnified in whole or in part from a collateral source as defined in CPLR 4545(c) of the
`
`New York Civil Practice Law and Rules.
`
`If any damages are recoverable against the answering Defendant, the amount of such
`
`damages shall be diminished by the amount of the funds received by the plaintiffs from such
`
`collateral sources.
`
`
`
`4 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`Upon information and belief, any injuries or damages allegedly sustained by the plaintiffs
`
`were caused or contributed to in whole or in part by the plaintiffs’ own culpable conduct,
`
`carelessness, recklessness and negligence, and if any judgment is recovered against the
`
`Defendant, said judgment should be apportioned and reduced by the percentage of the plaintiffs’
`
`culpable conduct and negligence contributing thereto.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`
`
`Upon information and belief, any injuries or damages allegedly sustained by the plaintiffs
`
`were caused or contributed to in whole or in part by the actions carelessness, recklessness or
`
`negligence of non-parties, and if any judgment is recovered against the Defendant, said judgment
`
`should be apportioned and reduced by the percentage of the non-parties conduct and negligence
`
`contributing thereto.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`Upon information and belief, any injury which the plaintiffs may have sustained at the
`
`time and place set forth in the complaint therein was the result of the negligence of other persons
`
`not named as defendants herein.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`Upon information and belief, any injuries or damages allegedly sustained by the failure of
`
`the plaintiffs to mitigate said injuries or damages, and if any judgment is recovered against the
`
`Defendant, said judgment should be apportioned and reduced by the percentage of the failure by
`
`the plaintiffs to mitigate said injuries or damages.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`Upon information and belief, it will be alleged and is alleged that the vehicle in which the
`
`plaintiffs were riding was equipped with safety belts. The type, material and style are best
`
`
`
`5 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`known to the plaintiffs who were riding in the vehicle containing such safety belts. It will be
`
`alleged that said safety belts were in good and proper working order.
`
`
`
`It will be alleged that the plaintiffs were either, not wearing or were improperly wearing
`
`safety belts and/or restraining devices at the time of this occurrence.
`
`Any and/or all of the injuries and damages the plaintiffs allege(s) to have sustained as a
`
`result of the happening of the occurrence, were either, caused, precipitated or exacerbated by
`
`their failure to wear and/or improper wearing of available restraining devices. If not for the
`
`plaintiffs’ failure to use available safety belts in a proper, prudent, and reasonable manner, and/or
`
`the plaintiffs’ misuse of available safety belts, the alleged injuries of the plaintiffs would have
`
`been substantially reduced or would not have occurred.
`
`WHEREFORE, the Defendant DAVID E. PYC demands judgment dismissing the
`
`complaint against him together with the costs and disbursements of this action, and for any
`
`expenses incurred by him in the defense thereof, including attorneys fees.
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`
`To: OFSHTEIN LAW FIRM, P.C.
`Attorney for Plaintiffs
`MICHELLE MARTINEZ and
`JOANNA MICHELLE MARTINEZ
`398 Kings Highway
`Brooklyn, NY 11223
`
`
`
`Alexa Rissoff
`LAW OFFICES OF SHAHAB KATIRACHI
`Attorneys for Defendant
`DAVID E. PYC
`One Pennsylvania Plaza
`50th Floor / Suite 5003
`New York, NY 10119
`Tel No.: (212) 553-8700/AR/ll
`File No: Y3RAL52886-001
`
`
`
`6 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`ATTORNEY’S VERIFICATION
`
`
`)
`STATE OF NEW YORK
`) SS:
`
`
`
`
`COUNTY OF NEW YORK )
`
`
`
`ALEXA RISSOFF, ESQ., being duly sworn, deposes and says:
`
`
`
`I am an attorney associated with the firm of LAW OFFICES OF SHAHAB
`
`KATIRACHI, the attorneys of record for Defendant in the within action.
`
`
`
`
`
`I have read the foregoing ANSWER and know the contents thereof.
`
`The same is true to deponent’s own knowledge, except as to the matters therein stated to
`
`be alleged on information and belief, and that as to those matters deponent believes it to be true.
`
`
`
`This verification is made by deponent and not by Defendant as Defendant does not reside
`
`in New York County.
`
`
`
`The grounds of deponent’s belief as to all matters not stated upon deponent’s knowledge
`
`are as follows:
`
`
`
`
`
`
`
`Review of File Contents
`
`The undersigned affirms that the foregoing statements are true, under the penalties of
`
`perjury.
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`
`
`
`ALEXA RISOFF
`
`
`
`
`
`
`
`
`
`7 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
`
`Index No: 817029/2023E
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name as true name
`is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`
` C
`
` O U N S E L O R S:
`
`PLEASE TAKE NOTICE that pursuant to CPLR §§ 3041 and 3044, you are hereby
`
`required to serve upon the undersigned a Verified Bill of Particulars pursuant to the following
`
`demand:
`
`State the present residence of the plaintiffs and the plaintiffs’
`residence at the time of the accident.
`
`State any other name(s) the plaintiffs has ever been known by.
`
`State the date of birth and social security number of the plaintiffs.
`
`State the date of birth and social security number of co-plaintiff
`making a derivative claim.
`
`State the date and time of day of the occurrence.
`
`State the exact location of the occurrence with reference to the
`nearest intersection, and, if a pedestrian accident, the distance from
`the nearest adjacent curb.
`
`State the direction in which of each vehicle or pedestrian involved
`in the occurrence was proceeding immediately prior to the
`occurrence.
`
`State what parts of each vehicle, or pedestrian, came into contact
`with one another.
`
`1.
`
`
`2.
`
`3.
`
`4.
`
`
`5.
`
`6.
`
`
`7.
`
`
`8.
`
`
`
`
`
`8 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`9.
`
`
`10.
`
`
`11.
`
`
`12.
`
`
`13.
`
`14.
`
`15.
`
`
`16.
`
`
`17.
`
`
`18.
`
`State the vehicle registration, year, make, and model of each
`vehicle involved in the accident.
`
`State the traffic controls, if any, plaintiffs will claim existed at the
`scene of the accident, and any traffic controls it will be claimed
`Defendant violated.
`
`State with specificity all laws, rules, regulation, and ordinances
`that plaintiffs will claim were violated by Defendant, and upon
`which plaintiffs will rely at the time of trial.
`
`State in what respect plaintiffs has sustained a serious injury as
`defined in Insurance Law § 5102 (d), or economic loss greater than
`basic economic loss as defined in Insurance Law § 5102.
`
`State how it is claimed the accident occurred.
`
`State all the acts or omissions constituting the negligence claimed.
`
`State the nature of all injuries claimed, and specify those claimed
`to be permanent.
`
`State the name and address of each and every hospital or
`emergency room at which plaintiffs were examined or treated for
`the injuries claimed herein, together with dates of treatment.
`
`State the name and address of each and every physician,
`chiropractor, physical therapist, acupuncturist, or other medial
`provider who treated the plaintiffs with reference to the injuries
`claimed herein, together with dates of treatment.
`
`State the name of each and every facility physician or other
`medical provider (excluding the aforementioned hospitals) who
`took MRIs, CT scans, X-rays, or other diagnostic films or tests,
`such as EMGs, relating to plaintiffs’ alleged injuries, together with
`the dates said services were rendered.
`
`State the length of time plaintiffs was confined to bed and home.
`
`
`19.
`
`20. With reference to plaintiffs’ employment, state:
`
`a.
`
`name and address of plaintiffs’ employer at the time of the
`accident;
`name and address of plaintiffs’ present employer;
`nature of plaintiffs’ occupation;
`length of
`time
`it will be claimed plaintiffs were
`incapacitated from any employment after the accident;
`
`b.
`c.
`d.
`
`
`
`9 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`e.
`
`f.
`
`average weekly, monthly, and yearly salary at the time of
`the accident (earnings if self-employed);
`amount of lost earnings claimed.
`
`20.
`
`If plaintiffs were a student, state the name and address of each
`school attended, and
`the
`length of
`time plaintiffs were
`incapacitated from attending school.
`
`21.
`
`State the total amounts claimed as special damages for:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`22.
`
`
`
`
`
`23.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that if the above demands are not complied
`
`with within the next thirty (30) days, an application will be made to preclude the plaintiffs from
`
`giving any evidence thereof upon the trial of this action, pursuant to the aforementioned rules.
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`
`
`10 of 27
`
`a.
`b.
`c.
`d.
`e.
`
`hospital expenses;
`physician's expenses;
`chiropractor expenses;
`expenses for diagnostic tests;
`any other medical expenses, including physical therapy,
`home care, and nursing services.
`
`State whether any, or all, of the aforementioned expenses were
`reimbursed by a no-fault carrier, or other collateral source and, if
`so, state:
`
`a.
`b.
`
`the name and address of the carrier or collateral source;
`amount of reimbursement.
`
`If a claim for property damage is being alleged, state the following:
`
`a.
`
`b.
`
`c.
`d.
`e.
`
`f.
`
`a list of all parts of plaintiffs’ vehicle claimed to have been
`damaged as a result of the alleged accident;
`the sums claimed to have been expended or to be expended
`for the repair of said vehicle (attach itemized repair bill
`estimate);
`the market value of the vehicle on the date of the accident;
`the market value of the vehicle prior to any repair;
`the purchase price of the vehicle, and whether it was
`bought new or used;
`the length of time plaintiffs claims to have been deprived of
`the use of his vehicle, and any expenditures incurred by
`plaintiffs in renting or using a replacement vehicle.
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`Alexa Rissoff
`LAW OFFICES OF SHAHAB KATIRACHI
`Attorneys for Defendant
`DAVID E. PYC
`One Pennsylvania Plaza
`50th Floor / Suite 5003
`New York, NY 10119
`Tel No.: (212) 553-8700/AR/ll
`File No: Y3RAL52886-001
`
`
`To: OFSHTEIN LAW FIRM, P.C.
`Attorney for Plaintiffs
`MICHELLE MARTINEZ and
`JOANNA MICHELLE MARTINEZ
`398 Kings Highway
`Brooklyn, NY 11223
`
`
`
`11 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`NOTICE FOR DISCOVERY
`AND INSPECTION
`
`Index No: 817029/2023E
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name
`as true name is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`
` C
`
` O U N S E L O R S :
`
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101, 3120 and the Rules of the
`
`Appellate Division, demand is hereby made upon the plaintiffs or their attorney to serve upon
`
`and deliver to the undersigned attorney for the Defendant DAVID E. PYC within twenty (20)
`
`days of receipt of this notice:
`
`1.
`
`
`2.
`
`3.
`
`Provide the following:
`
`a.
`
`b.
`
`c.
`
`
`d.
`
`Any and all photographs of the scene of the occurrence.
`
`Any and all photographs of the plaintiffs’ injuries.
`
`Any and all photographs take of the automobiles involved
`in the accident, if applicable.
`
`Any and all photographs of the machine, product, or
`instrumentality herein.
`
`
`Names and addresses of all persons claimed by plaintiffs to have
`witnessed the accident. If no such persons are known to plaintiffs
`or his representatives, so state in reply to this demand. The
`Defendant will object at the time of the trial to the testimony of
`any persons not so identified.
`
`Names and addresses of all notice witnesses. If no such persons
`are known to the plaintiffs or his representatives, so state in reply
`to this demand. The Defendant will object at the time of the trial
`to the testimony of any persons not so identified.
`
`
`
`12 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`
`4.
`
`5.
`
`
`6.
`
`
`7.
`
`
`8.
`
`
`9.
`
`
`10.
`
`
`11.
`
`
`12.
`
`
`13.
`
`
`14.
`
`
`15.
`
`Statements of our client.
`
`Names of parties who have appeared, with names and addresses of
`their attorneys.
`
`Names and addresses of any parties in possession of any product,
`instrumentality or machine involved herein.
`
`Copies of any and all materials, warranties, booklets, manuals,
`pamphlets, advertisements and purchase receipts pertaining to any
`product, instrumentality, or machine involved herein.
`
`Copies of pleadings, papers and transcripts exchanged prior to the
`appearance of the Defendant.
`
`ambulance
`acknowledged written
`and
`executed
`Duly
`authorizations for all call reports prepared by Police Department
`and/or Fire Department and/or EMS workers.
`
`A copy of the medical reports of those physicians who have treated
`or examined the plaintiffs.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain and make copies of the entire hospital
`records of the plaintiffs, including all diagnostic films and test
`reports.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain and copy the office records, diagnostic
`films and test reports of any medical or other provider who has
`examined the plaintiffs with respect to the injuries and conditions
`claimed herein.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain actual copies of any MRI films, CT scans,
`X-rays and any other diagnostic test films taken of plaintiffs, as
`well as EMG/EEG test results and reports with respect to same.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain copies of records from pharmacy and
`surgical supply stores for all drugs, medications, medical supplies
`or devices, and for each and every prosthetic device worn by
`plaintiffs.
`
`Duly executed and acknowledged written authorizations permitting
`Defendant to obtain and make copies of plaintiffs’ No Fault file
`and the file of any collateral source provider that reimbursed
`
`
`
`13 of 27
`
`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
` Said
`injuries/conditions alleged herein.
`the
`plaintiffs for
`authorizations should contain the name, address and file number of
`the No-Fault or collateral source carrier.
`
`In case of death, duly executed and acknowledged written
`authorizations for complete medical examiner’s records, including
`pathology slides.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain actual copies of the entire medical file and
`all billing records of each treating chiropractor and/or physical
`therapist that plaintiffs has sought treatment from with respect to
`the injuries alleged herein.
`
`If any claim or suit brought with respect to a prior and/or
`subsequent injury to the same bodily parts alleged injured herein,
`duly executed and acknowledged written authorizations for any
`collateral source provider who indemnified plaintiffs; index
`number, venue and caption of said action; and authorization for
`plaintiffs’ attorney file relating to said action.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain copies of office records, diagnostic films
`and test reports of all medical providers who treated or examined
`plaintiffs for prior/subsequent injuries/conditions to the same
`bodily parts allegedly injured herein.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain the full Workers’ Compensation files
`regarding the accident alleged in the within action, from both the
`Workers’ Compensation Board and the Workers’ Compensation
`carrier.
`
`Copies of all training manuals provided to plaintiffs by his
`employer prior to the time of the alleged accident.
`
`Copies of accident reports completed by plaintiffs and/or copies of
`accident reports prepared in the ordinary course of business by
`others.
`
`Copies of all safety manuals and/or written directions with regard
`to safety procedures provided to plaintiffs prior to the time of the
`alleged accident.
`
`Duly executed and acknowledged written authorizations with two
`forms of photo ID permitting these defendants to obtain copies of
`all tax returns from 2 years prior to the accident and up to the
`present.
`
`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`
`
`14 of 27
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`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`25.
`
`26.
`
`27.
`
`28.
`
`29.
`
`30.
`
`31.
`
`32.
`
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain copies of all employment records for 2
`years prior to accident up to the present, such authorization to
`permit Defendant to obtain any and all employment physical
`examinations and medical records maintained by plaintiffs
`employer or agent.
`
`Duly executed and acknowledged written authorizations permitting
`the Defendant to obtain for school records, for (2) two years prior
`to accident, up to the present.
`
`Copies of any agreements, contracts or leases referred to directly
`or indirectly in the complaint or other pleadings in this action.
`
`Disclosure and provision, pursuant to CPLR 3101(i), of any and all
`audio tapes, including transcripts or memoranda thereof, involving
`a person referred to in CPLR 3101(a) (i).
`
`Duly executed and acknowledged written authorization(s)
`permitting Defendant to obtain and inspect any and all records
`reflecting any collateral source or payment.
`
`Duly executed and acknowledged written authorizations permitting
`Defendant to obtain and inspect any and all union records and
`benefits, for 2 years prior to and up to the present; such
`authorizations to permit Defendant to obtain any and all records
`pertaining
`to union physical examinations and medical
`examinations.
`
`Copies of any transcripts of testimony of any party taken in any:
`
`a.
`b.
`
`motor vehicle hearing;
`hearing, trial or other proceedings regarding the violation
`of any code, ordinance or statute;
`hearing pursuant to Section 50-H of the General Municipal
`Law; and
`trial, action or proceeding arising out of the facts or
`circumstances giving rise to this litigation.
`
`If any of the foregoing occurred, but no transcripts are available, so
`state.
`
`A copy of any notice of claim served upon any municipality,
`school district, governmental agency or quasi-governmental
`agency, which notice of claim refers to the facts giving rise to this
`litigation.
`
`
`c.
`
`d.
`
`
`
`15 of 27
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`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`33.
`
`Copy of plaintiffs’ marriage certificate(s).
`
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`Alexa Rissoff
`LAW OFFICES OF SHAHAB KATIRACHI
`Attorneys for Defendant
`DAVID E. PYC
`One Pennsylvania Plaza
`50th Floor / Suite 5003
`New York, NY 10119
`Tel No.: (212) 553-8700/AR/ll
`File No: Y3RAL52886-001
`
`
`To: OFSHTEIN LAW FIRM, P.C.
`Attorney for Plaintiffs
`MICHELLE MARTINEZ and
`JOANNA MICHELLE MARTINEZ
`398 Kings Highway
`Brooklyn, NY 11223
`
`
`
`
`
`16 of 27
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`

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`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name as true name
`is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`C O U N S E L O R S :
`
`DEMAND FOR EXPERT
`WITNESS INFORMATION
`
`Index No: 817029/2023E
`
`
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101, 3120 and the Rules of the
`
`Appellate Division, demand is hereby made upon the plaintiffs or his attorney to serve upon and
`
`deliver to the undersigned attorney for the Defendant DAVID E. PYC within twenty (20) days of
`
`receipt of this notice:
`
`1.
`
`
`2.
`
`
`3.
`
`
`4.
`
`State the name and address of each person plaintiffs expect
`to call to give expert testimony at the trial of this action.
`
`State the qualifications, including educational background
`and degrees, publication, memberships in professional
`organizations and societies, certifications and licenses,
`internships,
`residencies,
`fellowships, current hospital
`affiliations and employment history of each person
`plaintiffs expect to call to give expert testimony at the trial
`of this action.
`
`For each person plaintiffs expect to call to give expert
`testimony at this trial, state the subject matter “in
`reasonable detail” of the testimony, the opinions and
`conclusions to which the expert is expected to testify, a
`summary of the facts upon which the expert will rely in
`formulating his opinion.
`
`State the opinions and conclusions, and the source of
`sources of the expert’s knowledge concerning such facts,
`including, where applicable, the date, statistics, studies,
`surveys, reports, test results, analyses, and all other source
`material relied upon by the expert.
`
`
`
`17 of 27
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`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`
`To: OFSHTEIN LAW FIRM, P.C.
`Attorney for Plaintiffs
`MICHELLE MARTINEZ and
`JOANNA MICHELLE MARTINEZ
`398 Kings Highway
`Brooklyn, NY 11223
`
`Alexa Rissoff
`LAW OFFICES OF SHAHAB KATIRACHI
`Attorneys for Defendant
`DAVID E. PYC
`One Pennsylvania Plaza
`50th Floor / Suite 5003
`New York, NY 10119
`Tel No.: (212) 553-8700/AR/ll
`File No: Y3RAL52886-001
`
`
`
`18 of 27
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`

`

`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name as true name
`is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`
`DEMAND PURSUANT
`TO CPLR § 4545
`
`Index No: 817029/2023E
`
`
` C
`
` O U N S E L O R S:
`
`PLEASE TAKE NOTICE, that demand is hereby made upon the attorneys for the
`
`plaintiffs that they serve upon the undersigned, a statement in conformity with CPLR § 4545,
`
`stating whether any part of the cost of medical care, dental care, custodial care, rehabilitation
`
`services, loss of earnings, or other economic loss sought to be recovered herein was replaced or
`
`indemnified, in whole or in part, from any collateral source such as insurance, social security
`
`(except those benefits provided under Title 18 of the Social Security Act), Workers'
`
`Compensation, or employee benefit programs and, if so, the full name and address of each
`
`organization or program providing such replacement or indemnification, together with an
`
`itemized statement of the amount in which each such claimed item of economic loss was
`
`replaced or indemnified by each such organization or program.
`
`Demand is additionally made for duly executed and acknowledged original written
`
`authorizations permitting the undersigned to inspect and copy any records reflecting any
`
`collateral source or payment in response to the foregoing demand.
`
`
`
`19 of 27
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`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
`
`within twenty (20) days will serve as the basis of a motion for appropriate relief and/or sanctions
`
`pursuant to the CPLR.
`
`Dated: New York, New York
`
`February 19, 2024
`
`
`
`To: OFSHTEIN LAW FIRM, P.C.
`Attorney for Plaintiffs
`MICHELLE MARTINEZ and
`JOANNA MICHELLE MARTINEZ
`398 Kings Highway
`Brooklyn, NY 11223
`
`Alexa Rissoff
`LAW OFFICES OF SHAHAB KATIRACHI
`Attorneys for Defendant
`DAVID E. PYC
`One Pennsylvania Plaza
`50th Floor / Suite 5003
`New York, NY 10119
`Tel No.: (212) 553-8700/AR/ll
`File No: Y3RAL52886-001
`
`
`
`20 of 27
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`FILED: BRONX COUNTY CLERK 02/19/2024 01:14 PM
`NYSCEF DOC. NO. 5
`
`
`INDEX NO. 817029/2023E
`
`RECEIVED NYSCEF: 02/19/2024
`
`NOTICE OF EXAMINATION
`BEFORE TRIAL
`
`Index No: 817029/2023E
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-------------------------------------------------------------------
`MICHELLE MARTINEZ AND JOANNA MICHELLE
`MARTINEZ,
`
` Plaintiffs,
`
` - against -
`
`DAVID E. PYC AND JOHN DOE, fictious name
`as true name is unknown to the plaintiff at this time,
`
` Defendants.
`-------------------------------------------------------------------
`
` C
`
` O U N S E L O R S:
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of Civil Practice Law and Rules,
`
`the Defendant, DAVID E. PYC, will take the deposition of the plaintiffs as an adverse party or
`
`parties on the 20th day of August 2024 at 10:00 A.M., before a Notary Public of the State of New
`
`York at the Law Offices of Shahab Katirachi, PENN 1, New York, NY 10119, concerning the
`
`following matters:
`
`All the relevant facts and circumstances relating to the accident including negligence,
`
`contributory negligence, liability and damages.
`
`PLEASE TAKE FURTHER NOTICE, that said plaintiffs is to produce upon the
`
`examination any and all records pursuant to Article 31 of the Civil Practice Law and Rules.
`
`And you are further required to produce