FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`Defendant(s).
`
`
`
`
`
`---------------------------------------------------------------------------X
`
`
`
`Index No. 504135/2024
`
`
`
`
`
`VERIFIED ANSWER
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`
`
`
`
`
`
`The defendant, ALISA WALDMAN, by her attorneys, GALLO VITUCCI KLAR LLP,
`
`answering the Verified Complaint of the plaintiff herein states as follows:
`
`AS AND FOR AN ANSWER TO THE CAUSE OF ACTION
`
` 1.
`
`Denies knowledge or information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraphs ”1” and “4” of the Verified Complaint.
`
`
`
`2.
`
`Denies knowledge or information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph “6” of the Verified Complaint and respectfully refers all questions
`
`of law to the court at the time of trial.
`
`3.
`
`Denies the allegations contained in paragraphs “5”, “7”, “8”, “9”, “10, “11”, “12” and
`
`“13” of the Verified Complaint.
`
`
`
`4.
`
`Admits to the allegations contained in paragraphs “2” and “3” of the Verified
`
`Complaint.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`
`
`5.
`
`Upon information and belief, any damage or damages sustained by the plaintiff herein
`
`was not caused by the wrongdoing on the part of the answering defendant, her servants, agents or
`
`employees, but were caused solely or in part by the wrongdoing of the plaintiff and that such conduct
`
`
`
`1 of 37
`
`
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`Defendant(s).
`
`
`
`
`
`---------------------------------------------------------------------------X
`
`
`
`Index No. 504135/2024
`
`
`
`
`
`VERIFIED ANSWER
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`
`
`
`
`
`
`The defendant, ALISA WALDMAN, by her attorneys, GALLO VITUCCI KLAR LLP,
`
`answering the Verified Complaint of the plaintiff herein states as follows:
`
`AS AND FOR AN ANSWER TO THE CAUSE OF ACTION
`
` 1.
`
`Denies knowledge or information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraphs ”1” and “4” of the Verified Complaint.
`
`
`
`2.
`
`Denies knowledge or information sufficient to form a belief as to the truth of the
`
`allegations contained in paragraph “6” of the Verified Complaint and respectfully refers all questions
`
`of law to the court at the time of trial.
`
`3.
`
`Denies the allegations contained in paragraphs “5”, “7”, “8”, “9”, “10, “11”, “12” and
`
`“13” of the Verified Complaint.
`
`
`
`4.
`
`Admits to the allegations contained in paragraphs “2” and “3” of the Verified
`
`Complaint.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`
`
`5.
`
`Upon information and belief, any damage or damages sustained by the plaintiff herein
`
`was not caused by the wrongdoing on the part of the answering defendant, her servants, agents or
`
`employees, but were caused solely or in part by the wrongdoing of the plaintiff and that such conduct
`
`
`
`1 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`requires diminution of any award, verdict or judgment that plaintiff may recover against said
`
`answering defendant.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`
`
`6.
`
`Upon information and belief, plaintiff’s economic loss, if any, as specified in Section
`
`4545 of the CPLR, was replaced or indemnified, in whole or in part, from collateral sources, and
`
`these answering defendant is entitled to have the court consider the same in determining such special
`
`damages as provided in Section 4545 of the CPLR.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`
`
`7.
`
`Upon information and belief, the injuries sustained by plaintiff are such that they do
`
`not fall within the requirements of Insurance Law Section 5101, et seq.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`
`
`8.
`
`Upon information and belief, this Court lacks jurisdiction over the answering
`
`defendant by reason of improper service of process.
`
`
`
`
`
`
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`9.
`
`Upon information and belief, this action must be dismissed for plaintiff’s failure to
`
`state a cause of action.
`
`AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`10.
`
`Upon information and belief, defendant, LISA WALDMAN, denies striking the
`
`plaintiff and/or making contact with the plaintiff.
`
`
`
`
`
`WHEREFORE, defendant, ALISA WALDMAN, demands:
`
`1.
`
`Judgment dismissing the Verified Complaint; together with the costs and
`
`disbursements of this action.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`2 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`By: Grant M. Meisels
`
` Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`3 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`VERIFICATION PURSUANT TO CPLR 3020(D)(2)
`
`
`
`
`STATE OF NEW YORK
`
`
`
`
`
`COUNTY OF NEW YORK
`
`
`
`
`
`
`)
`) ss.:
`)
`
`The undersigned, an attorney admitted to practice law in the State of New York,
`
`affirms:
`
`
`
`
`
`That the undersigned a partner of the firm of GALLO VITUCCI KLAR LLP,
`
`attorneys of record for defendant(s) ALISA WALDMAN, in the within action; that the undersigned
`
`has read the foregoing Verified Answer and knows the contents thereof; that the same are true to
`
`affirmant's own knowledge, except as to the matters therein stated to be alleged on information and
`
`belief; and as to those matters affirmant believes them to be true.
`
`
`
`
`
`The undersigned further states that the reason this affirmation is made by the
`
`undersigned and not by defendant is because said parties do not have a place of business in the country
`
`where your affirmant maintains her office.
`
`
`
`
`
`The grounds of affirmant's belief as to all matters not stated to be upon affirmant's own
`
`knowledge, are investigative material contained in affirmant's file.
`
`
`
`
`
`The undersigned affirms that the foregoing statements are true, under the penalty of
`
`perjury.
`
`Dated:
`
`
`
`
`New York, New York
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Grant M. Meisels
` GRANT M. MEISELS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`Index No. 504135/2024
`
`
`
`
`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
`
`
`
`
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`
`Defendant(s).
`
`
`
`
`
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`PLEASE TAKE NOTICE that, pursuant to this Demand, you are required to serve a verified
`
`Bill of Particulars with the following information with thirty (30) days:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`Age of plaintiff(s), date of birth and place of birth.
`
`Date of accident.
`
`Time of accident.
`
`Place of accident.
`
`General description of the occurrence together with identification of the parts
`
`of any motor vehicle or other instrumentality involved in said occurrence.
`
`
`
`
`
`
`
`
`
`6.
`
`7.
`
`and, if so:
`
`Acts of wrongdoing claimed separately, against each defendant.
`
`Whether actual notice of a defective, deficient or unsafe condition is alleged,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`The person or persons to whom given;
`
`(b)
`
`The place or places where given;
`
`(c)
`
`The date or dates when given;
`
`(d)
`
`The person or persons by whom given.
`
`
`
`
`
`
`
`
`
`
`
`5 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`8.
`
`Whether constructive notice of a defective, deficient or unsafe condition is
`
`alleged, and, if so:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`Nature of condition.
`
`(b)
`
`Location of condition.
`
`(c)
`
`Duration of condition with date of inception, to date constructive notice
`
`will be claimed to be given defendant(s).
`
`
`
`
`
`9.
`
`All acts and omissions allegedly constituting negligence and carelessness on the
`
`part of each of the other defendants.
`
`
`
`
`
`10.
`
`The exact location where the accident occurred, giving distances and exact
`
`measurements and describing in detail the exact location as to lanes, streets, nearest intersections or
`
`exits, city or village, town, county and state.
`
`
`
`
`
`11.
`
`Statement of all injuries claimed, including a detailed statement of those claimed to
`
`be permanent.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12.
`
`Loss of earnings claimed:
`
`
`
`
`
`
`
`
`
`(a)
`
`Name of employer and address;
`
`(b)
`
`Number of days incapacitated setting forth the dates;
`
`(c)
`
`Daily, weekly or monthly earnings;
`
`(d)
`
`Total amount of loss claimed.
`
`13.
`
`If plaintiff(s) was/were student(s) at the time of the accident:
`
`
`
`
`
`(a)
`
`Name and address of school;
`
`(b)
`
`Dates student(s) failed to attend school as a result of accident.
`
`14.
`
`If confined to or treated at a hospital:
`
`(a)
`
`Length of time confined giving dates;
`
`
`
`
`6 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(b)
`
`Name and address of hospital.
`
`15.
`
`If confined to bed or home:
`
`
`
`
`
`(a)
`
`Length of time confined to bed, giving dates;
`
`(b)
`
`Length of time confined to home, giving dates.
`
`16.
`
`Statement of special damages incurred for:
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`Hospital and dates of visits;
`
`(b)
`
`Physicians and dates of visits;
`
`(c)
`
`Nurses and dates of visits;
`
`(d) Medical equipment;
`
`(e) Medicines and dates obtained;
`
`(f)
`
`Other (specify).
`
`17.
`
`A verified statement setting forth the residence and post office address of the
`
`plaintiff(s).
`
`
`
`
`
`18.
`
`If loss of service is claimed, set forth the exact nature of the service stating what
`
`was done or not done as a result of the alleged occurrence.
`
`
`
`
`
`19.
`
`If any statutes, laws or rules are claimed to have been violated by any of the
`
`defendant(s) set forth the title of any such law and the section or sections and subsection or
`
`subsections claimed to have been violated, and by which of the defendants.
`
`
`
`
`
`20. With respect to property damage claimed, if any, set forth the following:
`
`
`
`
`
`
`
`of;
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`Alleged value of the property immediately prior to the event complained of;
`
`(b)
`
`Alleged value of the property immediately following the event complained
`
`(c)
`
`Cost to repair the property allegedly damaged;
`
`(d)
`
`Cost to replace the property allegedly damaged;
`
`
`
`7 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`incurred;
`
`
`
`
`been incurred.
`
`
`
`
`
`21.
`
`(e)
`
`Any claim with respect to loss of use or incidental expenses, and if so, how
`
`(f)
`
`Set forth copies of any paid invoices for such sums as are claimed to have
`
`Set forth in writing any and all statements made by the defendant(s) with respect to
`
`the occurrence.
`
`
`
`
`
`22.
`
`State whether any plaintiff is a covered person under Section 5102, Sub. J of the
`
`Insurance Law of the State of New York.
`
`
`
`
`
`23.
`
`If any plaintiff is a covered person, state the name and address of any insurance
`
`carrier providing first party benefits, the policy number under which provided, the name and address
`
`of the policy holder and the claim number assigned.
`
`
`
`
`
`24.
`
`State how it will be claimed that any plaintiff sustained a serious injury or excess
`
`economic loss within the meaning of Section 5102, Sub. d of the Insurance Law of the State of New
`
`York.
`
`
`
`
`
`25.
`
`State whether any other action has been commenced against any person and/or
`
`entity or entitles who may be jointly or jointly and severally liable with this defendant in connection
`
`with the occurrence alleged in the complaint. If so, set forth against whom and in what court such
`
`action has been commenced.
`
`
`
` 26.
`
` State whether any person and/or entity or entitles who may be jointly or jointly and
`
`severally liable with this defendant has been released or discharged from liability and, if so, set forth
`
`a true copy of said release.
`
`
`
`
`
`
`
`8 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010 SFBF.2024012
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`9 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`Defendant(s).
`
`
`
`
`
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`Index No. 504135/2024
`
`
`
`
`NOTICE FOR DISCOVERY
`AND INSPECTION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, pursuant to CPLR 3120(a), you are hereby requested to
`
`produce at the offices of GALLO VITUCCI KLAR LLP, 90 Broadway, Suite 1202, New York, New
`
`York 10004, within thirty (30) days, the following for inspection by the defendant or her attorneys:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1. Photographs of the scene of the occurrence taken before or after the incident.
`
`2. Photographs of the plaintiff’s injuries.
`
`3. Photographs of the vehicle involved in the accident.
`
`4. Police Report prepared following the accident.
`
`5. Accident/incident report prepared following the accident.
`
`6. A duly executed authorization permitting the answering defendant and/or her attorneys
`
`to obtain the plaintiff's employment records for the years 2020 to present.
`
`
`
`
`
`7. A duly executed authorization permitting the answering defendant and/or her attorneys
`
`to obtain the plaintiff's income tax records for the years 2020 – present.
`
`
`
`
`
`8. A copy of the ambulance call report and a duly executed authorization to secure all
`
`ambulance records.
`
`
`
`
`
`10 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE that mailing to the undersigned attorneys of the
`
`items requested for production at least seven (7) days prior to the aforementioned date will be deemed
`
`sufficient compliance.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`11 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`
`
`Index No. 504135/2024
`
`
`
`
`DEMAND FOR EXPERT
`INFORMATION
`
`
`
`
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`Defendant(s).
`
`
`
`
`
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`
`
`PLEASE TAKE NOTICE, that the undersigned defendant, by her attorneys, GALLO
`
`VITUCCI KLAR LLP hereby demands pursuant to CPLR 3101(d)(1), you provide, within thirty (30)
`
`days, the following:
`
`
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`The name and address of each expert you intend to call to testify at trial;
`
`Set forth in detail the subject matter of which each expert is expected to testify;
`
`Set forth separately the substance of the facts and opinions the expert is expected to
`
`give testimony concerning;
`
`The qualifications of each expert; and
`
`Set forth a summary for the grounds of each expert's opinion.
`
`4.
`
`5.
`
`
`
`
`
`
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`12 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`
`13 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`Plaintiff(s),
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`
`
`
`
`
`
`
`
`Defendant(s).
`---------------------------------------------------------------------------X
`S I R S:
`
`
`Index No. 504135/2024
`
`
`
`
`NOTICE TO TAKE
`DEPOSITION UPON ORAL
`EXAMINATION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
`
`the testimony, upon oral examination, of the plaintiff, c/o HARMON, LINDER & ROGOWSKY,
`
`ESQS. whose address is 3 Park Avenue, 23rd Floor, Suite 2300, New York, New York 10016, will
`
`be taken before a notary public who is not an attorney, or employee of an attorney, for any party or
`
`prospective party herein and is not a person who would be disqualified to act as a juror because of
`
`interest or because of consanguinity or affinity to any party herein, at GALLO VITUCCI KLAR LLP,
`
`90 Broadway, Suite 1202, New York, New York 10004 on the 29th day of May, 2024 at 10:00
`
`o'clock in the forenoon on that day with respect to evidence material and necessary in the prosecution
`
`defense of this action:
`
`
`
`All of the relevant facts and circumstances in connection with the accident which occurred on
`
`the 24th day of October, 2022, including negligence, contributory negligence, liability and damages.
`
`
`
`That the said person to be examined is required to produce at such examination the following:
`
`All books, records and papers in their possession or accessible to them pertaining to the subject
`
`matter of this lawsuit.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`14 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`15 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`
`
`
`
`
`
`
`
`Defendant(s).
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No. 504135/2024
`
`
`
`
`DEMAND FOR AMOUNT OF
`DAMAGES PURSUANT TO
`CPLR 3017(c)
`
`
`PLEASE TAKEN NOTICE, that pursuant to Section 3017(c) of the Civil Practice Law and
`
`Rules, demand is hereby made that plaintiff serve upon the undersigned within thirty (30) days
`
`hereof, a demand setting forth those sums which plaintiff asserts as and for damages to each cause of
`
`action asserting negligence as against the undersigned parties.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`16 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`Defendant(s).
`
`
`
`
`
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`Index No. 504135/2024
`
`
`
`
`DEMAND FOR
`STATEMENT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, that demand is hereby made upon your, pursuant to
`
`CPLR 3101(3), for a copy of all statements of defendant(s), ALISA WALDMAN, or the agents and
`
`employees of said party(ies). If there be no statements please advise accordingly.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
`
`within thirty (30) days of the date hereof will serve as a basis for objection by the undersigned to the
`
`use of such statements upon the trial of this matter.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`17 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`
`
`
`18 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`Plaintiff(s),
`
`Index No. 504135/2024
`
`
`
`
`DEMAND PURSUANT TO
`CPLR 4545 FOR
`COLLATERAL SOURCE
`PAYMENT INFORMATION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Defendant(s).
` ---------------------------------------------------------------------------X
`S I R S:
`
`
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Section 3101 and 4545, you are required
`
`to serve within thirty (30) days after receipt of this notice, the following information:
`
`
`
`
`
`1.
`
`The names, addresses and amounts received to date from all persons, firms, or
`
`organizations which have reimbursed plaintiff for the cost of medical care, custodial care,
`
`rehabilitation services, loss of earnings or other economic loss, and other costs including but not
`
`limited to:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`Insurance;
`
`(b)
`
`Social Security Benefits;
`
`(c) Worker's Compensation Benefits;
`
`(d)
`
`Disability Benefits;
`
`(e)
`
`Employee Benefits Program;
`
`(f)
`
`Any other source.
`
`2.
`
`Where reimbursement was or is pursuant to a policy of a type, state the name
`
`of the policy holder, the policy number, and the name of the issuer of the policy; a list of claims
`
`submitted pursuant to the policy, and the amount of money received pursuant to each claim.
`
`
`
`19 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`3.
`
`Duly executed and acknowledged written authorizations directed to all persons,
`
`firms or organizations which have reimbursed plaintiff for costs of medical care, custodial care,
`
`rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims
`
`have been submitted to obtain copies of the policies under which said payments or claims were made,
`
`copies of all checks and other indications of payment, and copies of any claims submitted for
`
`payment.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents
`
`and policy produced in response to the demand herein shall be for the complete documents and policy
`
`including but not limited to declaration sheets, riders, limitations, endorsements, amendments,
`
`cancellations, face sheets and/or binders, etc.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such persons,
`
`firms, or organizations have reimbursed plaintiff for such costs, then demand is hereby made that the
`
`above-named party set forth, by affidavit such fact.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`20 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`21 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`Plaintiff(s),
`
`Index No. 504135/2024
`
`
`
`
`DEMAND FOR NAMES
`AND ADDRESSES OF
`WITNESSES
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`
`
`
` Defendant(s).
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Civil Practice Law and Rules, Section
`
`3101, demand is hereby made that you provide, within thirty (30) days, the names and addresses of
`
`all persons known to your client or to you, as attorneys for your client, with respect to the following:
`
`
`
`
`
`1.
`
`Any witnesses to the occurrence and/or events complained of in the complaint
`
`of plaintiff(s).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2.
`
`Witnesses having knowledge of any alleged:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a) Wrongful act, error or omission allegedly committed or omitted by:
`
`
`
`
`
`
`
`
`(i)
`
`The party;
`
`(ii)
`
`Any other defendant or third party defendant in this action;
`
`(iii) Any person or party not a defendant or third party defendant in
`
`this action;
`
`(b)
`
`Any allegedly dangerous or defective condition with respect to any
`
`
`
`premises, instrumentality or device;
`
`(c)
`
`The condition of the premises, instrumentality or device complained of
`
`
`
`in this action:
`
`
`
`
`
`
`
`(i) Within thirty (30) days prior to the date of the occurrence or event;
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`22 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`(ii)
`
`At any time subsequent to the occurrence or event.
`
`3.
`
`Any medical, dental, paramedical, hospital, clinic, or mental health facility which
`
`has treated plaintiff, or with whom plaintiff has consulted, with respect to any of the injuries allegedly
`
`sustained, exacerbated or aggravated by reason of the circumstances or events complained of in this
`
`action.
`
`
`
`
`
`4.
`
`Any persons having knowledge with respect to any conversations, communications
`
`or writings with respect to the circumstances or events referred to in the complaint or in any
`
`affirmative defense asserted by any party herein.
`
`
`
`
`
`5.
`
`Any persons having knowledge with respect to any items of special or general
`
`damages asserted by plaintiff in the within action or with respect to any setoff or counterclaim by any
`
`defendant or third party defendant.
`
`
`
`
`
`If you are unaware of any witnesses at this time, please provide a statement to that
`
`effect.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`Yours, truly,
`
`GALLO VITUCCI KLAR LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
`Grant M. Meisels, Esq.
` Attorneys for Defendant
`ALISA WALDMAN
`90 Broadway, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File: SFBH.2024010
`Email: gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`23 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`TO: HARMON, LINDER & ROGOWSKY, ESQS.
`
`Attorneys for Plaintiff
`
`JONATHAN ANTONIO
`
`3 Park Avenue, 23rd Floor, Suite 2300
`
`New York, New York 10016
`
`(212) 732-3665
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`24 of 37
`
`
`
`FILED: KINGS COUNTY CLERK 03/28/2024 09:43 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 504135/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`
`Index No. 504135/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------X
`JONATHAN ANTONIO,
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`ALISA WALDMAN and “JOHN DOE”,
`
`
`
`
`
`
`
`
`
`
`Defendant(s).
`---------------------------------------------------------------------------X
`S I R S:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` DEMAND FOR MEDICAL
`
`INFORMATION AND
` AUTHORIZATIONS
`
`
`
`
`
`PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with
`
`provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff(s) provide,
`
`within thirty (30) days, the following:
`
`
`
`
`
`1. Medical reports of all of those treating physicians, osteopaths, chiropractors and/or
`
`other licensed medical professionals who have treated or consulted with plaintiff(s) upon whose
`
`testimony plaintiff(s) will rely upon a trial of this action.
`
`
`
`
`
`2.
`
`Duly executed authorizations with respect to any osteopaths, chiropractors
`
`and/or other licensed medical professionals who have treated plaintiff(s) with respect to any injuries,
`
`physical or mental, alleged to have resulted from the events complained of by plaintiff(s) in the
`
`within action.
`
`
`
`
`
`3.
`
`Duly executed authorizations with respect to any hospitals, clinics or other
`
`similar health
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
