FILED: KINGS COUNTY CLERK 01/24/2017 05:32 PM
`FILED: KINGS COUNTY CLERK 01 E2017 05:32 PM
`
`NYSCEF DOC. NO.
`8
`NYSCEF DOC. NO. 8
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`———————————————————————————————————————————————————————————————————————————— x
`
`INDEX NO.: 517505/2016
`
`INDEX NO. 517505/2016
`INDEX NO~ 517505/2016
`
`
`
`
`
`RaCaIVaD VYSCEF: 01/24/2017
`RECEIVED NYSCEF: 01/24/2017
`
`
`
`JUNIOR ISRAEL LUNA,
`
`Plaintiff(s),
`
`-against -
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`VERIFIED ANSWER WITH
`DEMAND FOR BILL OF PARTICULARS
`
`CASE ID: 83813
`
`OUR FILE NO.: 787926
`
`Defendant(s).
`
`____________________________________________________________________________ X
`
`Sirs/Madams:
`
`The Defendant(s), S.T.V. TRANSPORTATION CORP AND JOSE AUGUSTIN ALMONTE RAMOS,
`by attorneys, BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. answering the Complaint of the
`Plaintiff(s) herein, respectfully allege(s) upon information and belief, as follows:
`
`ANSWERING THE ALLEGED VERIFIED COMPLAINT
`
`Upon information and belief, denies each and every allegation in the paragraphs of the Complaint
`designated as follows: 4, 19, 20, 21, 22, 23, 25.
`
`Denies any knowledge or information thereof, sufficient to form a belief as to the truth of the allegations
`contained in the paragraphs of the Complaint designated as follows: 1, 2, 5, 6, 9, 10, 13, 14, 15, 24.
`
`FIRST AFFIRMATIVE DEFENSE
`
`That by reason of all ofthe 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 Plaintiff(s) is expressly prohibited by the above mentioned law from maintaining this action.
`
`SECOND AFFIRMATIVE DEFENSE
`
`Pursuant to the C.P.L.R. Sections 1411 and 1412, any damages sustained by the Plaintiff(s) were caused by
`the culpable conduct of the Plaintiff(s), including comparative negligence or assumption of the risk, and not by the
`culpable conduct or negligence ofthe answering Defendant(s).
`
`THIRD AFFIRMATIVE DEFENSE
`
`Pursuant to C.P.L.R. 4545, Plaintiffs recovery should be reduced by any amounts received or to be received
`by Plaintiff(s) from collateral sources of payment.
`
`10f 20
`1 of 20
`
`

`

`FOURTH AFFIRMATIVE DEFENSE
`
`That if the Plaintiff(s) suffered injury and damage in the manner and at the time and place alleged in the
`complaint, which these Defendant(s) deny and if it be determined that said injury and damage were caused and
`contributed to by reason of the Plaintiffs failure to use or properly use seat belts, shoulder harness (es) or other
`restraining devices, pursuant to the authority of SPIER V. BARKER, 35 NY 2d 444, 363 NYS 2d 916,
`Defendant(s) hereby pleads said failure in mitigation of damages.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`That if it be determined hereafter that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration
`with respect to any issue relevant to this action which results in an adverse ruling to said Plaintiff(s) or party, then
`and in that event, the answering Defendant(s) hereby pleads said adverse ruling or award on the theory of collateral
`estoppel under the authority of MATTER OF AMERICAN INSURANCE CO. MESSENGER—AETNA CAS. &
`
`SUR. C0.g, 43 NY 2d 184, 401 NYS 2d 36; ALTMAN v. UEENS TR. CORR, 94 Misc. 2d 549, 405 NYS 2d
`
`212; DERMATOSSIAN v. NEW YORK CITY TRANSITAUTH'ORITY, 67 NY 2d 219, 501 NYS 2d 784; c.f.
`BALDWIN v. BROOKS, 83 AD. 2d 85, 443 NYS 2d 906; CLEMMENS v. APPLE, 65 NY 2d 746 and
`SCHULTZ v. BOYSCOUTS OFAMERICA, 65 NY 2d 189.
`
`W H E R E F O R E, the answering Defendant(s) demand(s) judgment dismissing the Complaint of the
`Plaintiff(s) herein, together with the costs and disbursement ofthis action.
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`.
`
`KOVITS,
`
`813-787926
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`
`BROOKLYN, NY 11201
`
`TEL: (212) 857-8230/FAX:(212) 857—8238
`
`TO:
`
`SEE RIDER.
`
`FILE NO. 787926
`
`20f 20
`2 of 20
`
`

`

`AFFIRMATION
`
`STATE OF NEW YORK, COUNTY OF KINGS ss.:
`
`RONIT Z. MOSKOVITS, an attorney at law, hereby affirms pursuant to the C.P.L.R. and subscribing as
`true under the penalties of perjury, as follows:
`
`That the Affirmant is associated with firm of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.,
`
`attorneys of record for the Defendant(s) in the above entitled action.
`
`That the Affirmant has read the foregoing VERIFIED ANSWER WITH DEMAND FOR BILL OF
`PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION ARTICLE 31 C.P.LR., NOTICE
`PURSUANT TO C.P.L.R. 2103 (e), DEMAND FOR AUTHORIZATIONS TO OBTAIN MEDICAL
`INFORMATION AND DEMAND FOR PHYSICAL EXAMINATION, DEMAND FOR PHYSICAL
`EXAMINATION AND MEDICAL REPORTS, COMBINED DEMANDS, NOTICE DECLINING SERVICE
`BY FAX TRANSMITTALS, NOTICE FOR INSURANCE INFORMATION, and DEMAND FOR
`MEDICARE/MEDICAID INFORMATION and knows the contents thereof; that same is true to her own
`
`knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those
`matters, she believes them to be true.
`
`This Verification is made by Affirmant and not by the Defendant(s) because said Defendant(s) were not
`within the County in which the firm of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. maintain their
`offices for the practice of law when this VERIFIED ANSWER WITH DEMAND FOR BILL OF
`PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION ARTICLE 31 C.P.LR., NOTICE
`
`PURSUANT TO C.P.L.R. 2103 (e), DEMAND FOR AUTHORIZATIONS TO OBTAIN MEDICAL
`INFORMATION AND DEMAND FOR PHYSICAL EXAMINATION, DEMAND FOR PHYSICAL
`EXAMINATION AND MEDICAL REPORTS, COMBINED DEMANDS, NOTICE DECLINING SERVICE
`BY FAX TRANSMITTALS, NOTICE FOR INSURANCE INFORMATION, and DEMAND FOR
`MEDICARE/MEDICAID INFORMATION was drafted.
`
`The grounds of Affirmant's belief as to all matters not stated upon her knowledge are as follows:
`
`BOOKS AND RECORDS MAINTAINED BY THE FIRM OF
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`AND INFORMATION SUPPLIED BY
`AMERICAN TRANSIT INSURANCE COMPANY.
`
`DATE AFFIRMED: BROOKLYN, NY
`
`January 23, 2017
`
`TO: WILLIAM SCHWITZER & ASSOCIATES P.C.
`
`Attorney(s) for the Plaintijfls)
`JUNIOR ISRAEL LUNA
`
`820 SECOND AVENUE, 10TH FLOOR
`NEW YORK, NY 10017
`
`TELEPHONE: (212) 685-7800
`
`FILE NO. 787926
`
`30f 20
`3 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------- x
`
`JUNIOR ISRAEL LUNA,
`
`Plaintiff(s),
`
`-against -
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`Defendant(s).
`
`____________________________________________________________________________ X
`
`Sirs/Madams:
`
`INDEX NO.: 517505/2016
`
`DEMAND FOR BILL OF
`PARTICULARS
`
`CASE ID: 83813
`OUR FILE NO.: 787926
`
`PLEASE TAKE NOTICE THAT PURSUANT TO ARTICLE 30 OF THE C.P.L.R., you are hereby
`required to file and serve upon the undersigned the following Verified Bill of Particulars of Plaintiffs alleged cause
`of action herein within twenty (20) days from the date of service hereof.
`
`l.
`
`2.
`
`3.
`
`4.
`
`The name and address of the Plaintiff(s).
`
`The age and date of birth of the Plaintiff(s).
`
`The social security numbers of Plaintiff(s).
`
`The date and time ofthe day ofthe occurrence.
`
`State the location of the accident/occurrence in sufficient detail to permit Identification of the accident,
`5.
`giving direction in which each car was proceeding immediately before and at the time of the accident.
`
`Separate statements setting forth all of the acts or omissions constituting the negligence of each
`6.
`Defendant(s).
`
`State what part(s) of each of the respective vehicles came in contact with each other, including contacts
`7.
`with each pedestrian, fixed object(s) or parked vehicle(s).
`
`8.
`
`State those statutes, rules, laws and/or ordinances that the Defendant(s) has/have violated.
`
`IF PROPERTY DAMAGES ARE BEING CLAIMED, SET FORTH:
`
`9.
`item.
`
`Itemized statement of the alleged damages to Plaintiff‘s vehicle, together with the cost of repairs of each
`
`State the make, model and the year of manufacture of Plaintiff‘s vehicle and the reasonable market value of
`10.
`same immediately prior to and immediately after the alleged accident.
`
`4of20
`4 of 20
`
`

`

`IF PERSONAL INJURIES ARE BEING CLAIMED, SET FORTH:
`
`The nature, extent, location and duration of each and every injury alleged to have been sustained by the
`1 1.
`Plaintiff(s) and which, if any, are claimed to be permanent.
`12.
`If Plaintiff(s) admitted to any hospital or emergency room resulting from this accident/occurrence,
`state name and address of same, treating physicians & date of admission and discharge there from.
`
`The length of time, giving specific dates, Plaintiff(s) was/were confined to bed at home, and to home as a
`13.
`result ofthe alleged injuries.
`
`The length of time during which Plaintiff(s) was incapacitated from employment and/or household duties as
`14.
`a result of the alleged injuries, giving specific dates. Set forth the amount of earnings or wages claimed to have
`been lost and the rate of wages or basis of remuneration received by the Plaintiff(s).
`
`15.
`
`Total amounts claimed as special damages for:
`
`a)
`b)
`c)
`d)
`6)
`f)
`g)
`h)
`i)
`j)
`
`Physicians' services,
`Medical supplies,
`Nurses' services,
`Hospital expenses,
`X-ray expenses,
`Chiropractors,
`Physiotherapists
`Drugs and medications,
`Loss of earnings.
`Any other items of special damages claimed.
`
`State Plaintiff‘s occupation; name & address of Plaintiff’s employer at the time of the accident. If
`16.
`Plaintiff(s) is/are self-employed, please state nature of business, business name and address, and Federal ID.
`number.
`
`If claim is made for loss of earnings, please provide either W-2 forms or certified copies of tax returns for
`17.
`the year of occurrence and the year prior and subsequent to the occurrence.
`
`If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and address of the
`18.
`school attended at time of accident and designated class or grade, and the length of time Plaintiff(s) was unable to
`attend classes.
`
`Set forth all collateral sources under CPLR § 4545(c), specifying date paid, amount of collateral source
`19.
`payment, by whom paid, specifying name, address, file or claim number and all particulars identifying the payer.
`
`State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in subdivision ((1) of
`20.
`Section 5102 of the Insurance Law or economic loss greater than basic economic loss, as defined in subdivision (a)
`of Section 5102 of the Insurance Law.
`
`If Plaintiff(s) claims aggravation or precipitation of pre-existing injury or condition, state the nature and
`21.
`extent of such. Provide the name and address of each hospital, clinic, institution, physician, and other health care
`provider who treated or examined Plaintiff(s) for such pre-existing injury.
`
`If loss of service is claimed, state or describe the nature of such service, the length of time each Plaintiff(s)
`22.
`was deprived of such service, and the value of such service.
`
`50f 20
`5 of 20
`
`

`

`IF WRONGFUL DEATH AND/OR CONSCIOUS PAIN AND SUFFERING IS/ARE CLAIMED:
`
`Set forth the place and date of the marriage of the decedent, if married, and to whom at the time of death. If
`23.
`the Plaintiff was not married to decedent, set forth the relationship at the time of death.
`
`Set forth the name(s) and address(es) of the decedent's next of kin and heirs at law and distributees,
`24.
`specifying as to each:
`
`(i)
`(ii)
`(iii)
`
`Their date of birth,
`Their occupations, if any,
`Their marital status.
`
`State the manner in which the damages allegedly sustained by decedent’s next of kin and heirs at law and
`25.
`distributees were computed.
`
`26.
`
`Set forth copy of Letters, Testamentary or Limited Letters of Administration.
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`TO:
`
`SEE RIDER.
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`60f 20
`6 of 20
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`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`............................................................................ x
`
`JUNIOR ISRAEL LUNA,
`
`INDEX NO.: 517505/2016
`
`Plaintiff(s),
`
`-against -
`
`NOTICE FOR DISCOVERY
`AND INSPECTION
`
`ARTICLE 31 C.P.L.R.
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`Defendant(s).
`
`............................................................................ X
`
`Sirs/Madams:
`
`CASE ID: 83813
`OUR FILE NO.: 787926
`
`PLEASE TAKE NOTICE, that the Plaintiff herein, pursuant to Section 3101 et seq. and Rule 3120 of the
`CPLR is required to produce and allow discovery, inspection and copying to be made by the Defendant(s) herein,
`and the Defendant(s)' attorney(s) of the following items, writings and objects maintained, controlled or supervised
`by the Plaintiff(s) or his/her/its'/their attorney(s), agents, servants and/or employees:
`
`(See page 2 paragraphs 1
`
`- 14)
`
`In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly
`legible photocopies ofthe said items, if received by the undersigned at least five (5) days prior to the return date
`hereof, together with a letter from the Plaintiff’s attorneys advising as to the completeness of the items provided.
`
`PLACE OF DISCOVERY:
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND
`JOSE AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TEL: (212) 857-8230/FAX: (212) 857-8238
`
`
`DATE & TIME OF DISCOVERY:
`
`FEBRUARY 22, 2017, 10:00 O’CLOCK AM
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`TO:
`
`SEE RIDER.
`
`70f 20
`7 of 20
`
`

`

`Sirs/Madams:
`
`1.
`
`True copy of any statement of Defendant(s) herein, pursuant to CPLR § 3101(e).
`
`Photographs of any vehicle involved in the accident or the accident scene or of any of the parties herein following
`2.
`the accident.
`
`Records of inspection, maintenance, and reports of ALL vehicles involved in this occurrence for a period of one year
`3.
`prior to the accident date herein.
`
`True copy of any accident report concerning this occurrence in the custody and control of Plaintiff(s) made in the
`4.
`ordinary course of business, pursuant to CPLR §3101(g).
`
`5.
`
`True copy of any MV 104 and police report filed by the operators of any motor vehicles involved in this accident.
`
`The names and last known addresses of any witness to the occurrence herein, pursuant to
`6
`ZA YAS v. MORALES 45 A. 1). 2d 610, 360 NYS 2d 279
`
`The name and last known address of any person who has information concerning the condition of the vehicle owned
`7.
`by the Plaintiff(s) and involved in the subject occurrence herein, as it was on the date of accident or at the time it was last in
`the custody and control of the Plaintiff(s).
`
`Authorization to obtain no fault file, and/or worker’s compensation file. All authorizations must be HIPAA
`8.
`compliant pursuant to section 164.508 of the Federal Mandated Final Privacy Rule.
`
`Authorization to obtain employment record(s) and workers compensation record(s). All Authorizations must be
`9.
`HIPAA compliant pursuant to section 164 508 of the Federal Mandated Final Privacy Rule
`
`10.
`action.
`
`Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident, which is the subject of this
`
`Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical reports, pathology reports,
`11.
`toxicology reports, autopsy reports and bills of any medical condition(s) claimed to have been activated, precipitated or
`aggravated by the accident which is the subject ofthis action. Authorizations must be HIPAA compliant pursuant to Section
`164.508 ofthe Federal Mandated Final Privacy Rule.
`
`12.
`
`Copy of primary and/or excess insurance policy limits of Co-Defendant(s).
`
`Produce authorization(s) to obtain any and all prior medical treatment records, reports and diagnostic films,
`13.
`pertaining to any medical treatment for a prior injury to the same body parts or systems, which Plaintiff(s) will allege were
`injured in the accident in issue.
`
`Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like pleading) and any and all
`14.
`Medical Record(s) and Report(s) exchanged in all prior personal injury lawsuits brought by Plaintiff(s).
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`TO:
`
`SEE RIDER.
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`80f 20
`8 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`———————————————————————————————————————————————————————————————————————————————— x
`
`JUNIOR ISRAEL LUNA,
`
`P1aintiff(s),
`
`INDEX NO.: 517505/2016
`
`NOTICE PURSUANT TO
`
`C.P.L.R. 2103 1e)
`
`-against -
`
`CASE ID: 83813
`OUR FILE NO.: 787926
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`________________________________________________________________________________X
`
`Defendant(s).
`
`Sirs/Madams:
`
`PLEASE TAKE NOTICE, that pursuant to CPLR § 2103(e), demand hereby is made upon you to supply
`the undersigned, in writing, with a list of those parties who have appeared in the action and the names and
`addresses of their attorneys.
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`TO:
`
`SEE RIDER.
`
`90f 20
`9 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF KINGS
`
`--------------------------------------------------------------------X Index No.: 517505/2016
`
`JUNIOR ISRAEL LUNA,
`
`Plaintiff(s),
`
`—against-
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`Defendant(s).
`
`DEMAND FOR AUTHORIZATIONS
`TO OBTAIN MEDICAL INFORMATION
`DEMAND FOR A PHYSICAL
`
`EXAMINATION
`
`Case ID: 83813
`
`Our File No.: 787926
`
`.....................................................................X
`
`DEMAND FOR AUTHORIZATIONS TO OBTAIN MEDICAL INFORMATION
`
`PLEASE TAKE NOTICE that pursuant to CPLR ss. 3101(a) and 3121, Defendant(s) hereby demand that
`Plaintiff serve upon and deliver to the defendant(s) a response to the following demands, within 20 days as
`required per CPLR 3122(a)(1):
`
`1)
`
`2)
`
`3)
`
`4)
`
`5)
`
`The name of all medical treatment providers, and the name and address of ALL medical treatment
`facilities, from whom and where plaintiff received treatment for any injury alleged.
`
`Duly executed HIPAA compliant written authorization to each medical provider or facility disclosed in
`response to #1 above, permitting defendants’ attorneys to Obtain full and complete copies of all reports,
`records, Operative admission and nursing/anesthesia notes, photos, diagnostic images, and pathology
`reports, from any treatment provider(s). All such authorizations must be HIPAA compliant, and must
`specify the name of this firm, as defendants’ attorneys, to Obtain the copies Of the authorized information.
`All authorizations for facilities at which surgery was performed, are demanded to overtly state and
`specify that the “ENTIRE OPERATIVE ADMISSION RECORDS, INCLUDING ALL NURSING,
`ANESTHESIA, AND PATHOLOGY RECORDS” be authorized to be furnished. Authorizations for
`Emergency Medical Service (Ambulance) records and reports maintained by the NYFD (New York Fire
`Dept.), MUST be furnished in the form required by that agency. (please see annexed rider)
`
`The name and business address Of Plaintiff’s PRIMARY CARE PHYSICIAN(s), during the three years
`prior to the date Of accident, and all times following the accident.
`
`Duly executed written authorizations, permitting defendants’ attorneys to obtain copies of all medical
`records Of the plaintiff’s PRIMARY CARE PHYSICIAN, for any and all consult, diagnosis, or treatment
`of any complaints relative to the plaintiffs physical condition, for a period of three years prior to the
`accident, and all times following the accident.
`
`The name, address, and policy number(s) of each plaintiff s PRIMARY MEDICAL INSURANCE
`POLICY ADMINISTRATOR(S), for the three years immediately preceding the date Of accident, and all
`times following the accident.
`
`10 of 20
`10 of 20
`
`

`

`6) Duly executed written authorization(s), permitting defendants’ attorneys to obtain copies of all medical
`records of each plaintiff’s PRIMARY MEDICAL INSURANCE ADMINISTRATOR(S), for all medical,
`billing and payment for consultation or treatment of plaintiff, during the three years immediately
`preceding the date of accident, and all times following the accident.
`
`All demands are continuing demands, and all responses, including specific objections are due within 20 days
`of the date of service, pursuant to CPLR § 3122. Furthermore, pursuant to CPLR § 3101(h) amendments and
`supplements are owed upon a party’s obtaining information that the response made was incorrect or
`incomplete, no longer is correct and complete, and circumstances are such that a failure to amend or
`supplement the initial response would be materially misleading. Any failure to timely amend or supplement
`responses may result in a motion to preclude.
`
`Dated: January 23, 2017
`Brooklyn, NY
`
`TO:
`
`SEE RIDER.
`
`BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneysfor Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE AUGUSTIN
`ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8th FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`ll of 20
`11 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------X
`
`Index N0.:
`
`517505/2016
`
`JUNIOR ISRAEL LUNA,
`
`Plaintiff(s),
`
`-against-
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`DEMAND FOR PHYSICAL
`EXAMINATION(S) & MEDICAL REPORTS
`
`Defendant(s).
`
`Case ID: 83813
`Our File N0.: 787926
`
`_____________________________________________________________________________x
`
`PLEASE TAKE NOTICE that pursuant to and CPLR 3121 and NYCRR 202.17 Defendants hereby demand that
`plaintiff(s) submit to physical examination(s) to be conducted by physician(s) designated by the defendants, at time(s) and
`place(s) to be specified by defendants. The physical examination(s) will be designated at a place within reasonable distance
`of the Courthouse, and/or plaintiff s attorney’s office(s).
`PLEASE TAKE NOTICE that is hereby demanded that plaintiff serve copies of the medical reports and records of
`all those physicians and/or hospitals which have previously treated or examined the plaintiff(s) for any injuries alleged;
`Failure to exchange copies of treating physicians reports/records, within the time set forth under the rule, will prevent the
`exam from going forward, and plaintiff will be responsible for any costs incurred due to a cancellation on such grounds.
`PLEASE TAKE NOTICE that it is hereby demanded that plaintiff notify defense counsel IN WRITING, at least 10
`days prior to the examination, if the plaintiff(s) will require the use of an interpreter to translate into a language other than
`English, in order for the examining physician to communicate with the plaintiff during the exam. An interpreter will be
`provided for conduct of the exam.
`PLEASE TAKE NOTICE that no person other than an attorney representing the plaintiff will be permitted to attend
`any plaintiff 5 physical examination for purposes of observing the exam, nor MAY any recording of any part of the
`examination - in any media format - be made during the exam, unless permission for a specific designated observer to attend,
`or the making of an audio or video recording of any part of the exam, unless prior application to the Court has resulted in a
`written decision/order of the Court authorizing such action. Parsons v. Hflech Tool & Die, Inc., 661 N.Y.S.2d 362, (4 Dept.
`1997); A.W. v. Counfl of Oneida, 827 N.Y.S.2d 790 (4 Dept. 2006); Jakubowski v. Lengen, 86 A.D.2d 398, 450 N.Y.S.2d
`612 (4 Dept. 1982) ; Lamendola v. Slocum, 148 A.D.2d 781, 538 N.Y.S.2d 116 (AD 3 1989); Mertz v. Bradford, 152
`A.D.2d 962, 543 N.Y.S.2d 786 (AD 4 1989). Additionally, in the event any such recording is improperly or secretly made
`in contravention of this demand and the case law, and with or without the knowledge of plaintiff s counsel, such recording
`must be disclosed and exchanged, pursuant to CPLR and 3101(i) and 3101(a)(3).
`PLEASE TAKE NOTICE, that any objection to the designated physician to conduct a physical examination, or the
`designated date and/or time of the examination, made pursuant to this notice, must be served in the manner, and within the
`time, set forth in CPLR 3121 and NYCRR 202.17. Failure to do so will be deemed a waiver of any objection, and plaintiff
`will be responsible for costs resulting from improper or untimely objection.
`
`Dated: January 23, 2017
`Brooklyn, NY
`
`BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE AUGUSTIN
`ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8th FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`TO:
`
`SEE RIDER.
`
`12 of 20
`12 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`————————————————————————————————————————————————————————————————————————————x
`
`INDEX NO.: 517505/2016
`
`JUNIOR ISRAEL LUNA,
`
`COMBINED DEMANDS
`
`P1aintiff(s),
`
`.
`-aga1nst -
`
`S.T.V. TRANSPORTATION CORP AND
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`Defendant(s).
`
`____________________________________________________________________________ X
`
`Sirs/Madams:
`
`1.
`
`2.
`
`3.
`
`FOR NAMES AND ADDRESSES OF
`ALL WITNESSES;
`
`FOR EXPERT DISCLOSURE;
`
`PRODUCTION OF COPIES OF
`STATEMENTS TAKEN OF
`THIS/THESE ANSWERING
`DEFENDANT(S)
`
`CASE ID: 83813
`OUR FILE NO.: 787926
`
`PLEASE TAKE NOTICE, that the Defendant(s) demand(s) that you set forth in writing, under oath, and
`serve upon us within Twenty (20) days of this date, the names and addresses of each person known or claimed by
`you to be witness to the occurrence and as to notice of the condition, if any, alleged in the complaint in this action.
`The demand is an on-going demand.
`
`PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. 3101 (d)(1), you are hereby required to set forth
`the following:
`
`(a)
`
`(b)
`(c)
`(d)
`(e)
`
`The name and address of each and every person you expect to call as an expert
`witness at the trial ofthis action;
`In reasonable detail, the subject matter on which each expert is expected to testify;
`The substance of the facts and opinions on which each expert is expected to testify;
`The qualifications of each expert, and;
`A summary ofthe grounds for each expert's opinion.
`
`PLEASE TAKE FURTHER NOTICE, that the answering Defendant(s) demand(s) that each and every
`party to this action produce legible copies of any and all statements, written or electronically recorded, taken of the
`answering Defendant(s) by any other party to this action within 20 days of the date.
`
`The above are on-going demands.
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`TO:
`
`SEE RIDER.
`
`13 of 20
`13 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`———————————————————————————————————————————————————————————————————————————— x
`
`JUNIOR ISRAEL LUNA,
`
`INDEX NO.: 517505/2016
`
`Plaintiff(s),
`
`BY FAX TRANSMITTALS
`
`NOTICE DECLINING SERVICE
`
`-against -
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`CASE ID: 83813
`OUR FILE NO.: 787926
`
`____________________________________________________________________________x
`
`Defendant(s).
`
`Sirs/Madams:
`
`PLEASE TAKE NOTICE, that pursuant to CPLR 5.the office of BAKER, McEVOY, MORRISSEY &
`MOSKOVITS, P.C. will not accept service of papers, notices motions, etc. by facsimile (FAX) transmittal or
`similar means.
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`TO:
`
`SEE RIDER.
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`14 of 20
`14 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`————————————————————————————————————————————————————————————————————————————x
`
`JUNIOR ISRAEL LUNA,
`
`INDEX NO.: 517505/2016
`
`NOTICE FOR INSURANCE
`
`Plaintiff(s),
`
`INFORMATION
`
`-against -
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`CASE ID: 83813
`OUR FILE NO.: 787926
`
`Defendant(s).
`
`____________________________________________________________________________ x
`
`Sirs/Madams:
`
`PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3101(f), demand is hereby made upon you for your
`policy limits including all excess insurance. Failure to disclose same will necessitate the undersigned to procure a
`Court order and sanctions.
`
`Dated: BROOKLYN, NY.
`
`January 23, 2017
`
`TO:
`
`SEE RIDER.
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 857-8230/Fax: (212) 857-8238
`
`15 of 20
`15 of 20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`---------------------------------------------------------------------------- X
`
`JUNIOR ISRAEL LUNA,
`
`Plaintiff(s),
`
`-against -
`
`S.T.V. TRANSPORTATION CORP AND
`
`JOSE AUGUSTIN ALMONTE RAMOS,
`
`Defendant(s).
`
`............................................................................ x
`
`COUNSELORS:
`
`INDEX NO.: 517505/2016
`
`DEMAND FOR
`
`MEDICARE/MEDICAID
`INFORMATION
`
`CASE ID: 83813
`
`OUR FILE NO.: 787926
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §l395y (b) (8) (A), the
`undersigned attorneys for Defendant(s), S.T.V. TRANSPORTATION CORP AND JOSE AUGUSTIN ALMONTE
`RAMOS, hereby demand that Plaintiff (s) furnish within thirty (30) days of service of this notice the following:
`
`A statement as to whether the Plaintiff has received benefits from either Medicare or Medicaid at any time, for any
`1.
`reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide:
`
`a.
`
`b.
`c.
`
`d.
`e.
`f.
`
`Plaintiffs full name;
`
`Plaintiffs gender;
`Plaintiffs date of birth;
`
`Plaintiffs Social Security number;
`Plaintiffs residence telephone number;
`The Health Insurance Claim Number and/or Medicare/Medicaid file number;
`
`The address of the office handling the Plaintiffs Medicare and/or Medicaid file;
`g.
`A duly executed authorization bearing Plaintiffs date of birth and Social Security number permitting this
`h.
`firm and/or the representatives of defendant (5) to obtain copies of Plaintiffs Medicare and/or Medicaid records.
`
`2.
`
`State whether Medicare and/or Medicaid has a lien and the amount of any such lien.
`
`Provide copies of all documents, records, memoranda, notes, etc., in Plaintiffs possession pertaining to Plaintiffs
`3.
`receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare
`and/or Medicaid administrator.
`
`If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a copy of the claim summary
`4.
`from Medicare and/or Medicaid regarding those claims.
`
`If Plaintiff has not received Medicare and/or Medicaid benefits in the past or is not receiving Medicare and/or
`5.
`Medicaid benefits now, state whether Plaintiff is eligible to receive Medicare and/or Medicaid benefits.
`
`6.
`
`If Plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased, please provide the following:
`
`{DP-99‘?”
`
`Relationship of the administrator of Plaintiffs estate to plaintiffs decedent;
`Name and address of Plaintiffs administrator;
`
`Telephone number and/or e-mail address of Plaintiffs administrator;
`Social Security number of Plaintiffs administrator;
`An authorization to examine and copy deceased’s Medicare and/or Medicaid records.
`16 of 20
`16 of 20
`
`

`

`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 may
`result in the necessity of a Motion to Compel Discovery accompanied by a request for the appropriate costs.
`
`Dated: BROOKLYN, NY
`
`January 23, 2017
`
`Yours, etc.
`
`BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
`Attorneys for Defendant(s)
`S.T.V. TRANSPORTATION CORP AND JOSE
`AUGUSTIN ALMONTE RAMOS
`
`ONE METROTECH CENTER, 8TH FL.
`BROOKLYN, NY 11201
`
`TELEPHONE: (212) 85