FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
`
`
`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
`
`JAMES F. BUTLER & ASSOCIATES
`
`ATTORNEYS AT LAW
`
`Employees of The Law Department
`State Farm Mutual Automobile Insurance Company
`
`300 Jericho Quadrangle, Suite 260
`P.O. Box 9040
`Jericho, NY 11753-9040
`Telephone: (516) 229-6000
`
`
`James Karins
`Matthew C. Kelly
`Arthur T. Kontaxis
`Jenny Lazar
`Joseph Leathem Leahy
`Jared R. Levy
`Charles J. Marchello
`Rebecca L. Marks
`Linda Meisler
`Cristina Moreira
`Guy Moschetti
`John Morale
`Anna M. Pacca
`Nicole M. Paslow
`Anna Pereira
`Tashila A. Pierre-Peter
`Aditi Puri
`
`
`Thomas S. Quinn, Jr.
`Sudesh Rani
`Paul Robertson
`Russell Adam Rothbort
`Mohammad Rubbani
`Christina Santora
`Irene A. Schembri
`Anil Singh
`Bruce R. Smiley
`Kevin Smith
`Robert M. Smith
`Paul T. Spataro
`Craig M. Stabenau
`Sarah C. Varghese
`Anna Vaysberg
`Ryan Waxon
`Peter Withey
`Christopher Zanelotti
`
`Michael D. Abneri
`Seth T. Acker
`Daniel Brown
`Patrick Burns
`James F. Butler
`Lisa E. Callies
`Joseph Carola III
`Megan Lynch Caruso
`Abigail Champness
`Grace Cho
`Jasmine Cornett
`Richard Costiera
`Marcella Gerbasi Crewe
`Katerina Davydov
`Jonathan U. DePasquale
`Mitchell S. Feder
`Thomas Feehan
`
`
`
`Kathleen E. Fioretti
`Jared Fitzpatrick
`Melinda K. Flecker
`Faziah Gafur
`John Gahan
`Joseph G. Gallo
`Francesca Gaspari
`Jason Gines
`Mikel Gjoni
`Nancy S. Goodman
`Jordan W. Grossman
`James Gundlach
`Shlomo Gunsburg
`Naftali Halpern
`Richard Halpern
`Jeffrey J. Hollander
`Mathew V. John, Jr.
`
`
`March 28, 2023
`
`Haque v. Nunez Cristino (NYS)
`23NEWY10370
`500566/23
`32-20H6-41K
`May 23, 2021
`
`Tom J. Tobin
`P.O. Box 106171
`Atlanta, GA 30348-6171
`
`
`RE:
`File Number:
`Index Number:
`Claim Number:
`Date of Loss:
`
`
`Dear Mr. Tobin:
`
`
`Please find enclosed a copy of our Answer and the Demand for a Bill of Particulars
`served in response to the Complaint in the above captioned matter. Please be advised that in
`addition to the Answer and Demand for a Bill of Particulars, demands for discovery and
`inspection, notices to produce, and other required demands with respect to expert witnesses,
`nonuse of fax services, etc., have been sent to the plaintiff(s)’s attorney along with our Answer.
`We have diaried 30 days to follow-up for the Bill of Particulars.
`
`If you have any questions regarding the foregoing, please feel free to contact either
`Shlomo Gunsburg, the attorney assigned to this case at (516) 229-6071, or Charles J. Marchello,
`the Kings County Trial Team Leader, at (516) 229-6039 at any time. Alternatively, you may
`email us at NEAS LAW-GUNSBURG.
`
`
`
`Enclosures
`KEF:lm
`
`
`
`Sincerely,
`
`
`
`Kathleen E. Fioretti, Esq.
`
`1 of 9
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`

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`-against-
`
`
`JUAN F. NUNEZ CRISTINO,
`
`
`
`
`
`
`
`Defendant(s),
`
`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 500566/2023
`
`RECEIVED NYSCEF: 03/28/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`MD M. HAQUE,
`
`
`Plaintiff(s),
`
`
`VERIFIED ANSWER
`
`Index No: 500566/23
`
`The defendant(s), Juan F. Nunez Cristino, answering the Complaint herein:
`
`First:
`
`Admit(s) each and every allegation in the paragraph(s) of the Complaint
`
`designated as follows: 2.
`
`Second: Deny/denies each and every allegation in the paragraph(s) of the Complaint
`
`designated as follows: 4, 5, 6, 7 and 10.
`
`Third:
`
`Deny/denies any knowledge or information sufficient to form a belief as to the
`
`truth of any of the allegations contained in the paragraph(s) of the Complaint designated as
`
`follows: 1 and 3.
`
`Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the
`
`Complaint designated as follows, and refers all questions of law to the Court: 8.
`
`Fifth:
`
`Deny/denies any knowledge or information sufficient to form a belief as to the
`
`truth of any of the allegations contained in the paragraph(s) of the Complaint designated as
`
`follows, and refers all questions of law to the Court: 9.
`
`The Defendant(s), Juan F. Nunez Cristino, Set(s) Forth the
`Following Affirmative Defenses
`
`Sixth:
`
`That whatever damage, personal injury, injury to property or wrongful death
`
`the plaintiff(s) and/or the plaintiff(s)’s decedent may have sustained, if any, at the time and place
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`2 of 9
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`

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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
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`alleged in the Complaint herein, or any amendments thereto, was caused by the carelessness,
`
`negligence, recklessness, assumption of risk and culpable conduct and want of care on the part of
`
`the plaintiff(s) and/or the plaintiff(s)’s decedent; and if any carelessness, negligence,
`
`recklessness or culpable conduct upon the part of the answering defendant(s) caused or
`
`contributed to such injury or wrongful death and damages to the plaintiff(s) and/or the plaintiff’s
`
`decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight
`
`proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s)
`
`and/or the plaintiff’s decedent in causing the accident and any damages sustained.
`
`Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered.
`
`Eighth: Upon information and belief, some or all of the damages alleged in the
`
`plaintiff(s)’s Complaint is/are barred and/or subject to the qualification of the provision of §
`
`4545 of the CPLR.
`
`Ninth:
`
`If it is determined that the plaintiff(s) failed to use available seat belts, the
`
`defendant(s) plead(s) said fact in mitigation of damages.
`
`Wherefore, the defendant(s), Juan F. Nunez Cristino, demand(s) judgment as follows:
`
`a.
`
`dismissing the Complaint herein, together with the costs and disbursements of
`
`this action.
`
`Dated: Jericho, New York
`
`March 28, 2023
`
`HARMON, LINDER & ROGOWSKY,
`ESQS.
`Attorney(s) for Plaintiff(s)
`Md M. Haque
`3 Park Avenue
`23rd Floor, Suite 2300
`New York, NY 10016
`(212) 732-3665
`Harmon.Linder.Rogowsky@gmail.com
`
`
`
`Sincerely,
`JAMES F. BUTLER & ASSOCIATES
`Attorney(s) for Defendant(s)
`Juan F. Nunez Cristino
`P. O. Box 9040
`300 Jericho Quadrangle, Suite 260
`Jericho, NY 11753
`(516) 229-6000
`File Number: 23NEWY10370
`Claim Number: 32-20H6-41K
`
`2
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`3 of 9
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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
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`STATE OF NEW YORK, COUNTY OF NASSAU
`
`
`The undersigned, an attorney admitted to practice in the courts of New York State,
`
`shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of James F. Butler &
`
`Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the
`
`foregoing Answer and knows the contents thereof; the same is true to affirmant’s own
`
`knowledge, except as to the matters therein stated to be alleged on information and belief and
`
`that as to those matters affirmant believes it to be true. This verification is made by affirmant and
`
`not by the defendant(s), in that the defendant(s), is/are not within the county where undersigned
`
`has his/her office.
`
`The grounds of affirmant’s belief as to all matters not stated upon affirmant’s knowledge
`
`are as follows: investigations made relative to the subject matter, information and records in
`
`his/her file.
`
`The undersigned affirms that the foregoing statements are true, under the penalties of
`
`perjury.
`
`Dated: Jericho, NY
`
`March 28, 2023
`
`23NEWY10370
`
`
`
`
`
`_______________________________________
`KATHLEEN E. FIORETTI, ESQ.
`
`3
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`4 of 9
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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`MD M. HAQUE,
`
`
`Plaintiff(s),
`
`
`DEMAND FOR
`BILL OF PARTICULARS
`
`Index No: 500566/23
`
`-against-
`
`
`JUAN F. NUNEZ CRISTINO,
`
`
`
`
`
`
`
`Defendant(s),
`
`Please take notice that pursuant to the applicable rules of the CPLR, the defendant(s)
`
`demand(s) that you serve upon the undersigned within twenty days:
`
`1.
`
`2.
`
`3.
`
`State any name used by each plaintiff other than specifically stated above.
`
`The date, time of day of the claimed occurrence and its exact location.
`
`Statement of the acts or omissions constituting the negligence claimed as they
`
`allegedly relate to the defendant(s).
`
`4.
`
`State by section and title, statutes, regulations, rules, ordinances and any other
`
`laws it will be claimed were violated by the defendant(s).
`
`5.
`
`State the nature, location and extent of claimed injuries.
`
`a.
`
`State in detail which injuries are claimed to be permanent.
`
`6.
`
`Length of time confined to: (a) hospital(s) giving name and address of hospital(s),
`
`(b) bed, (c) house; (d) length of time totally disabled, (e) length of time partially disabled.
`
`7a.
`
`State the occupation, employment or trade of the plaintiff(s) setting forth: (i)
`
`name of employer(s); (ii) address of employer(s); (iii) name of the plaintiff direct supervisor(s)
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`(iv) the number of working days incapacitated; (v) rate of pay and (vi) total loss of earnings
`
`claimed.
`
`
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`4
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`5 of 9
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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
`
`7b.
`
`If the plaintiff(s) was a student/were students, state (i) the name and address of the
`
`school(s), (ii) the dates the plaintiff(s) claim(s) to have been unable to attend school.
`
`8.
`
`Separately, state the amounts claimed as special damages for each of the
`
`following, itemizing special damages for each provider: (a) physician’s services, (b) medical
`
`supplies, (c) hospital charges, (d) x-ray expenses, (e) nurse’s services, (f) loss of earnings, (g)
`
`other expenses (itemized).
`
`9.
`
`Provide the plaintiff(s)’s address, date of birth and social security and/or tax
`
`identification number if an alien, please provide alien registration card number.
`
`10.
`
`11.
`
`State the directions of travel of the parties at the time of the occurrence.
`
`If loss of services, society and consortium is claimed, set forth: (a) the length of
`
`time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party
`
`claiming the loss; (c) the particular services claimed for loss of services, consortium, medical
`
`expenses and other expenses.
`
`12.
`
`If it is claimed that a dangerous and/or defective condition caused and/or
`
`contributed to the occurrence alleged in the Complaint, set forth in detail each and every
`
`condition, claimed to have been dangerous and/or defective, and how and in what manner each is
`
`claimed to have been dangerous and/or defective and state how such condition(s) caused and/or
`
`contributed to the alleged occurrence.
`
`13.
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`If actual notice of any dangerous and/or defective condition is claimed to have
`
`been given and/or supplied to the defendant(s), set forth: (a) the names and addresses of any
`
`persons by whom notice was given/supplied; (b) the names and addresses of any persons to
`
`whom notice was given/supplied; (c) the time, date and place notice was given/supplied in each
`
`instance.
`
`
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`5
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`6 of 9
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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
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`14.
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`If constructive notice of any dangerous and/or defective condition is claimed was
`
`given and/or supplied to the defendant(s), set forth: (a) the conditions by which notice was
`
`supplied; (b) the time, date and place notice was had in each instance; (c) duration of condition
`
`with the date(s) of inception constructive notice will be claimed to have been given defendant(s).
`
`15.
`
`If medical payments or lost earning were obtained from any collateral source,
`
`including but not limited to worker’s compensation, no-fault, private health insurance, employee
`
`benefit programs, prepaid health plans or other liability or first party coverage, state and/or
`
`provide: (a) the name of each organization that made such payments; (b) the amounts of each
`
`such payment and copies of receipts and/or canceled checks; (c) the dates of each payment; (d)
`
`the policy(ies) or contract number pursuant to which such payments were made and a copy of
`
`such policy(ies); (e)the limits of coverage for such payments; (f) the premium amounts paid by
`
`the plaintiff for such coverage; (g) the length of time such coverage remained or will remain in
`
`effect for; and (h) the amounts to be owed plaintiff to continue such coverage.
`
`16.
`
`Set forth in what respect the plaintiff(s) sustained a serious injury, as defined in
`
`subdivision four of the Insurance Law, § 5102(d).
`
`17.
`
`Set forth in what respect the plaintiff(s) sustained an economic loss greater than
`
`basic economic loss, as defined subdivision one of the Insurance Law, Section 5102(a).
`
`18.
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`If personal or real property damage is claimed, set forth: (a) description of the
`
`property damaged, (b) date of purchase and price paid, (c) value of property at time of loss, (d)
`
`detailed list of repairs necessary and the cost thereof and (e) salvage value recovered, if any.
`
`19.
`
`State the amounts of any purported lien(s) or lawful lien(s) against the
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`plaintiff(s)’s recovery, and if any are known to the plaintiff(s), state the basis of said lien(s), the
`
`
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`6
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`7 of 9
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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 500566/2023
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`RECEIVED NYSCEF: 03/28/2023
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`date(s) said lien(s) were established, asserted, filed, and/or perfected and state the name(s) of any
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`lienholder(s) or purported lienholder(s).
`
`20.
`
`State the basis for the claim that the defendant(s) is/are jointly and severally
`
`liable.
`
`Dated: Jericho, New York
`
`March 28, 2023
`
`
`
`
`
`
`
`
`
`
`
`HARMON, LINDER & ROGOWSKY,
`ESQS.
`Attorney(s) for Plaintiff(s)
`Md M. Haque
`3 Park Avenue
`23rd Floor, Suite 2300
`New York, NY 10016
`(212) 732-3665
`Harmon.Linder.Rogowsky@gmail.com
`
`Sincerely,
`JAMES F. BUTLER & ASSOCIATES
`Attorney(s) for Defendant(s)
`Juan F. Nunez Cristino
`P. O. Box 9040
`300 Jericho Quadrangle, Suite 260
`Jericho, NY 11753
`(516) 229-6000
`File Number: 23NEWY10370
`Claim Number: 32-20H6-41K
`
`
`
`7
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`8 of 9
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`FILED: KINGS COUNTY CLERK 03/28/2023 11:24 AM
`NYSCEF DOC. NO. 4
`
`
`
`
`
`Index No: 500566/23
`
`MD M. HAQUE,
`
`
`
`
`INDEX NO. 500566/2023
`
`RECEIVED NYSCEF: 03/28/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF KINGS
`
`-against-
`
`Plaintiff(s),
`
`Defendant(s),
`
`
`JUAN F. NUNEZ CRISTINO,
`
`
`
`
`
`
`
`
`VERIFIED ANSWER, DEMAND FOR BILL OF PARTICULARS, NOTICE OF DISCOVERY AND
`INSPECTION, DEMAND FOR MEDICARE/MEDICAID LIEN INFORMATION, DEMAND FOR RELIEF
`REQUESTED, NOTICE OF DEPOSITION AND DEMAND PURSUANT TO CPLR 3101(d)
`
`JAMES F. BUTLER & ASSOCIATES
`Attorneys for Defendant(s)
`Juan F. Nunez Cristino
`P. O. Box 9040
`300 Jericho Quadrangle, Suite 260
`Jericho, NY 11753
`(516) 229-6000
`
`
`
`Attorney Certification:
`The undersigned, an attorney admitted to practice in the Courts of New York State, certifies that, upon
`information, belief and reasonable inquiry, the contentions contained in the above referenced document(s) are
`not frivolous.
`
`Dated: Jericho, New York
`
`March 28, 2023
`
`
`
`
`HARMON, LINDER & ROGOWSKY, ESQS.
`Attorney(s) for Plaintiff(s)
`Md M. Haque
`3 Park Avenue
`23rd Floor, Suite 2300
`New York, NY 10016
`(212) 732-3665
`Harmon.Linder.Rogowsky@gmail.com
`
`
`
`_____________________________________________
`KATHLEEN E. FIORETTI, ESQ.
`
`Sincerely,
`JAMES F. BUTLER & ASSOCIATES
`Attorney(s) for Defendant(s)
`Juan F. Nunez Cristino
`P. O. Box 9040
`300 Jericho Quadrangle, Suite 260
`Jericho, New York 11753
`(516) 229-6000
`
`
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`9 of 9
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