FILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
`FILED: KINGS COUNTY CLERK 04/08/2024 09:05 A
`NYSCI EF DOC. NO. BY
`NYSCEF DOC. NO. 59
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`IND
`EX NO.
`525688/2023
`INDEX NO. 525688/2023
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`
` EIVE iD
` EE’:
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`04/08/2024
`RECEIVED NYSCEF: 04/08/2024
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` NYSCI
`
`"B"
`EXHIBIT
`EXHIBIT “B”
`
`

`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`INDEX NO.: 525688/2023
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`VERIFIED ANSWER
`WITH CROSS CLAIMS
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------X
`TIPORA LEONCE,
`
` Plaintiff,
`
` -against-
`
`THE CITY OF NEW YORK, BROOKLYN UNION
`GAS COMPANY D/B/A NATIONAL GRID,
`CABLEVISION SYSTEMS NEW YORK CITY
`CORPORATION, CROWN CASTLE NG EAST LLC,
`MULVIHILL ELECTRICAL ENTERPRISES INC.,
`TRIUMPH CONSTRUCTION CORP. and VERIZON
`NEW YORK INC.,
`
` Defendants.
`--------------------------------------------------------------------X
`
`
`
`Defendant, CROWN CASTLE NG EAST LLC, by its attorneys, LAW OFFICES OF
`
`FISHMAN AND CABRERA, answering the Complaint of the plaintiff herein, alleges upon
`
`information and belief:
`
`1.
`
`Denies knowledge or information sufficient to form a belief as to paragraphs
`
`designated “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “11”, “12”, “13”, “14”, “16”, “17”,
`
`“18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”,
`
`“34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”, “44”, “45”, “46”, “47”, “48”, “49”,
`
`“50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”,
`
`“66”, “67”, “68”, “69”, “70”, “71”, “72”, “73”, “74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”,
`
`“82”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”, “105”, “106”, “107”,
`
`“108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”, “118”, “119”, “120”,
`
`“121”, “122”, “123”, “124”, “125”, “126”, “127”, “128”, “129” and “130” of the Complaint.
`
`2.
`
`Admits as to paragraph “15” of the Complaint.
`
`1 of 37
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
`
`3.
`
`Denies as to paragraphs designated “83”, “84”, “85”, “86”, “87”, “88”, “89”,
`
`“90”, “91”, “92”, “93”, “94”, “131”, “132”, “133”, “134”, “135”, “136” and “138” of the
`
`Complaint.
`
`4.
`
`Denies as to paragraph designated “137” of the Complaint and states the statute
`
`speaks for itself.
`
`5.
`
`6.
`
`Any paragraph not specifically delineated herein is deemed denied.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`That if the plaintiff suffered any damages, said damages were caused in whole or
`
`in part by the plaintiff’s failure to take reasonable action in mitigation of the same.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`7.
`
`The damages allegedly sustained by plaintiff were caused wholly or in part by
`
`reason of the culpable conduct of said plaintiff and not by the conduct of the answering
`
`defendant, but should the answering defendant be found liable then said defendant is entitled to
`
`an apportionment of fault and an appropriate reduction in the amount of any judgment otherwise
`
`recoverable by plaintiff.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`8.
`
`That the Court does not have jurisdiction over the person of the defendant, due to
`
`improper service of process.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`9.
`
`Pursuant to CPLR Article 16, if this defendant is held responsible for plaintiff’s
`
`injuries, then the answering defendant will be liable only for its percentage/equitable share on the
`
`non-economic loss awarded to the plaintiff.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`10.
`
`Pursuant to CPLR §4545 (c), any award to the plaintiff for economic loss shall be
`
`reduced by the amount of economic loss reimbursed by collateral sources.
`
`2 of 37
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`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`11.
`
`All claims by plaintiff and/or third party plaintiff in this litigation are barred as
`
`against the answering defendant/third party defendant pursuant to the exclusive remedy
`
`provisions of the New York State Worker's Compensation Law, sections 11 and 29, and the New
`
`York State General Obligations Law Article 18-A, as amended and/or enacted on or about
`
`September 10, 1996.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`12.
`
`That if the plaintiff sustained any injuries and/or damages at the time and place
`
`alleged in the Complaint, same were wholly caused by the culpable conduct and/or negligence of
`
`some other party or persons over whom defendant had no control and for whose culpable
`
`conduct and/or negligence defendant was not and is not responsible or liable.
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`
`13.
`
`If the plaintiff sustained damages as alleged, such damages occurred while
`
`plaintiff was engaged in an activity into which she entered, knowing the hazard, risk and danger
`
`of the activity and she assumed the risks incidental to and attending the activity.
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
`14.
`
`That the Complaint of the plaintiff fails to state a cause of action against the
`
`answering defendant.
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`
`15.
`
`The answering defendant did not have exclusive custody or control of the location
`
`where the injuries and/or damage is alleged to have occurred.
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`
`16.
`
`The answering defendant did not have notice, actual or constructive, of the
`
`alleged condition.
`
`
`
`3 of 37
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`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
`
`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`
`The alleged condition was trivial.
`
`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`
`The alleged injuries and damages were not proximately caused by any act or
`
`17.
`
`18.
`
`omission of the answering defendant.
`
`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
`
`The condition was open and obvious.
`
`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
`
`The alleged injuries and damages, which are denied, were caused by interfering,
`
`19.
`
`20.
`
`interceding and superseding acts of the third parties not under the control of the answering
`
`defendant.
`
`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
`
`21.
`
`The answering defendant did not breach a duty of care.
`
`AS AND FOR A FIRST CROSS CLAIM
`AGAINST THE DEFENDANTS, THE CITY OF NEW YORK,
`BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID,
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION,
`MULVIHILL ELECTRICAL ENTERPRISES INC., TRIUMPH
`CONSTRUCTION CORP. and VERIZON NEW YORK INC.
`
`If plaintiff sustained the injuries and damages in the manner and at the time and
`
`22.
`
`place alleged, and if it is found that the answering defendant is liable to plaintiff, then the
`
`answering defendant, on the basis of apportionment of responsibility for the alleged occurrence,
`
`is entitled to indemnification and contribution from, and judgment over against, the above-named
`
`co-defendants for all or part of any judgment thus obtained by the plaintiff against the answering
`
`defendant.
`
`
`
`
`
`
`4 of 37
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`

`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
`
`AS AND FOR A SECOND CROSS CLAIM
`AGAINST THE DEFENDANTS, THE CITY OF NEW YORK,
`BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID,
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION,
`MULVIHILL ELECTRICAL ENTERPRISES INC., TRIUMPH
`CONSTRUCTION CORP. and VERIZON NEW YORK INC.
`
`Said co-defendants entered into an agreement with answering defendant which
`
`23.
`
`requires co-defendants to hold harmless, indemnify and otherwise fully reimburse answering
`
`defendant for all costs and expenses incurred as a result of this lawsuit, including but not limited
`
`to payment of any judgment, payment of attorneys' fees and payment of all other costs and
`
`expenses incurred by answering defendant, and/or which required the procurement of insurance
`
`coverage for the benefit of answering defendant, and answering defendant is entitled to judgment
`
`against co-defendants for all costs and expenses incurred herein.
`
`AS AND FOR A THIRD CROSS CLAIM
`AGAINST THE DEFENDANTS, THE CITY OF NEW YORK,
`BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID,
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION,
`MULVIHILL ELECTRICAL ENTERPRISES INC., TRIUMPH
`CONSTRUCTION CORP. and VERIZON NEW YORK INC.
`
`Said co-defendants entered into an agreement with answering defendant which
`
`24.
`
`requires co-defendants, among other things, to obtain and/or procure liability insurance covering
`
`and/or naming the answering defendant as an additional insured under such liability insurance;
`
`and further, to hold harmless, indemnify and otherwise fully reimburse answering defendant for
`
`all costs and expenses incurred as a result of this lawsuit; and/or requires co-defendants to obtain
`
`and keep in force, and in the name of the answering defendant as insured, a policy of insurance
`
`protecting the answering defendant against any liability, accident, casualty or disaster such as
`
`evidenced by the complaint of the plaintiff; and, further, the co-defendants either failed to obtain
`
`or procure such insurance or failed to honor said obligation for the benefit of the answering
`
`defendant and answering defendant is entitled to judgment against co-defendants for all costs and
`
`expenses incurred herein.
`
`5 of 37
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`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
`
`
`
`WHEREFORE, the answering defendant, CROWN CASTLE NG EAST LLC, demand
`
`judgment dismissing the complaint herein, and further demands that the answering defendant be
`
`entitled to indemnification from and judgment over and against the co-defendants, THE CITY
`
`OF NEW YORK, BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID,
`
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION, MULVIHILL
`
`ELECTRICAL ENTERPRISES INC., TRIUMPH CONSTRUCTION CORP. and VERIZON
`
`NEW YORK INC., for the full amount of any recovery by the plaintiff against the answering
`
`defendant, including all costs, disbursements and expenses incurred in the defense of this action
`
`and the conduct of this cross-claim; or alternatively contribution from the co-defendants, THE
`
`CITY OF NEW YORK, BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID,
`
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION, MULVIHILL
`
`ELECTRICAL ENTERPRISES INC., TRIUMPH CONSTRUCTION CORP. and VERIZON
`
`NEW YORK INC., of an equitable share of any such judgment recovered against the answering
`
`defendant by the plaintiff in this action, including all costs, disbursements and expenses incurred
`
`in the defense of this action and in the conduct of this cross-claim and further demands that the
`
`answering defendant be entitled to full indemnity from the co-defendants, THE CITY OF NEW
`
`YORK, BROOKLYN UNION GAS COMPANY D/B/A NATIONAL GRID, CABLEVISION
`
`SYSTEMS NEW YORK CITY CORPORATION, MULVIHILL ELECTRICAL
`
`ENTERPRISES INC., TRIUMPH CONSTRUCTION CORP. and VERIZON NEW YORK
`
`INC., based upon said agreement including all costs, disbursements and expenses incurred in the
`
`defense of this action and in the conduct of this cross-claim.
`
`Tarrytown, NY
`October 20, 2023
`
`DATED:
`
`
`
`
`
`
`
`
`6 of 37
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`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`Yours etc.,
`
`LAW OFFICES OF FISHMAN AND CABRERA
`
`By:_____________________________________
`
`Christine D. Hanlon
`Attorneys for Defendant
`CROWN CASTLE NG EAST LLC
`U.S. MAIL:
`P.O. Box 94743, Chicago, IL 60690-4743
`Law Firm Email: CNANewYork@cna.com
`120 White Plains Road, Suite 220
`Tarrytown, NY 10591
`914-524-5600
`Our File No: 1232203634
`
`
`
`
`TO:
`
`RAPHAELSON & LEVINE LAW FIRM, P.C.
`Attorneys for Plaintiff
`14 Penn Plaza, Suite 1718
`New York, NY 10122
`212-268-3222
`
`HON. SYLVIA O. HINDS-RADIX
`Attorneys for Defendant
`THE CITY OF NEW YORK
`Corporation Counsel
`100 Church Street
`New York, NY 10007
`718-725-5200
`
`NICHOLAS GOODMAN & ASSOCIATES, PLLC
`Attorneys for Defendant
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION
`333 Park Avenue South - Suite 3A
`New York, NY 10010
`212-227-9003
`
`
`
`
`
`
`7 of 37
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`

`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`AFFIRMATION OF VERIFICATION
`
`
`
`
`
`Christine D. Hanlon, Esq., hereby affirms under the penalty of perjury, pursuant to
`
`CPLR §2106, that she is an attorney admitted to practice in the courts of this state and that she is
`
`associated with LAW OFFICES OF FISHMAN AND CABRERA, the attorney for the
`
`defendant, CROWN CASTLE NG EAST LLC, in the within action; that the foregoing Answer
`
`is true to her own knowledge, except as to matter therein stated to be upon information and
`
`belief, and that as to those matters she believes it to be true.
`
`
`
`That this Answer is affirmed by your affirmant and not by the defendant because the
`
`defendant, upon information and belief, are not within the county where LAW OFFICES OF
`
`FISHMAN AND CABRERA has their office at the time this verification is executed, and the
`
`source of affirmant's information, and the grounds for her belief are the records and reports of
`
`investigation kept in the office of the said attorney for the defendant in connection with this
`
`action and the accident out of which said action arises. This verification is made pursuant to
`
`Tarrytown, NY
`October 20, 2023
`
`
`
`
`
`
`_________________________________________
`Christine D. Hanlon
`
`8 of 37
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`CPLR §3020(d)(3) and CPLR §2106.
`
`DATED:
`
`
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`
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`
`
`
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`

`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`
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`INDEX NO.: 525688/2023
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------X
`TIPORA LEONCE,
`
` Plaintiff,
`
` -against-
`
`THE CITY OF NEW YORK, BROOKLYN UNION
`GAS COMPANY D/B/A NATIONAL GRID,
`CABLEVISION SYSTEMS NEW YORK CITY
`CORPORATION, CROWN CASTLE NG EAST LLC,
`MULVIHILL ELECTRICAL ENTERPRISES INC.,
`TRIUMPH CONSTRUCTION CORP. and VERIZON
`NEW YORK INC.,
`
` Defendants.
`--------------------------------------------------------------------X
`COUNSELORS:
`
`
`
`PLEASE TAKE NOTICE that the defendant, CROWN CASTLE NG EAST LLC, by
`
`its attorneys, LAW OFFICES OF FISHMAN AND CABRERA, hereby demands that a Verified
`
`Bill of Particulars be served in response to the following:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`l.
`
`State the date and time of the alleged occurrence.
`
`2.
`
`3.
`
`4.
`
`State the place of the alleged occurrence, giving in detail: a) the number, street
`or avenue, city and county; b) the exact location of the scene of the alleged
`occurrence; c) the portion of any premises where the plaintiff alleges the
`occurrence took place, giving the exact location of both the occurrence and any
`defect which allegedly caused the occurrence.
`
`State the acts or omissions which it is claimed constitute negligence or fault on
`the part of defendant, CROWN CASTLE NG EAST LLC.
`
`State whether notice of any defective conditions was given to defendant,
`CROWN CASTLE NG EAST LLC, and whether such notice is claimed to be
`actual or constructive; if actual, state to whom and by whom such notice was
`given, the manner in which it was given and the date it was given; if
`constructive, state the condition which existed and the length of time it existed.
`
`5.
`
`State each and every personal injury sustained by plaintiff.
`
`6.
`
`State the injuries alleged to be permanent in nature.
`
`9 of 37
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7.
`
`8.
`
`9.
`
`State the length of time plaintiff was confined to a hospital, giving the dates of
`confinement.
`
`State the length of time plaintiff was confined to bed and home, giving the
`dates of such confinement.
`
`State the length of time plaintiff was prevented from performing usual and
`customary activities, giving the dates and specifying the activities which were
`curtailed.
`
`10. State the length of time plaintiff was out of work, giving the dates and
`specifying the name and address of the employer (if self-employed, so state).
`
`11. State the name and address of all doctors, hospitals, and other persons or
`entities which treated, examined or counseled plaintiff, and for each specify all
`dates on which any such treatment, examination or counseling took place.
`
`12. State the amount paid to each person or entity specified in paragraph 11,
`whether paid by plaintiff or some other person or entity.
`
`13.
`
`In regard to all payments specified in paragraph 11, state those amounts which
`were paid (either directly or by reimbursement to plaintiff) by other persons or
`entities, and state the name and address (and if an insurer the policy number
`and claim number) of every such person or entity, specifying also the amount
`paid on behalf of or reimbursed to the plaintiff.
`
`14. State the amount of lost income claimed, and specify the source of the income
`(setting forth the name of the payer), the reason why the income was lost, and
`the dates on which income was lost.
`
`15. State the nature of any lost services, which are claimed and state the length of
`time and dates for which loss of services is claimed.
`
`16. State each and every statute, law, ordinance, rule or regulation violation of
`which will be claimed at trial.
`
`17.
`
`If applicable, set forth a description of any damaged property, giving the year
`of manufacture, the make, the model, the size, the style, and the motive power.
`
`18.
`
`If applicable, set forth an itemized statement of every item of damage to said
`property.
`
`19.
`
`If applicable, set forth an itemized statement of the alleged cost to repair or
`replace each damaged item.
`
`20. State plaintiff’s birthday.
`
`21. State plaintiff’s address: a) at present; b) at the time suit was commenced; c) at
`the time of the accident.
`
`10 of 37
`
`

`

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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
`
`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
`
`
`
`INDEX NO. 525688/2023INDEX NO. 525688/2023
`
`
`
`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
`
`
`
`
`DATED:
`
`
`
`
`22. State the social security number of plaintiff.
`
`Tarrytown, NY
`October 20, 2023
`
`Yours etc.,
`
`LAW OFFICES OF FISHMAN AND CABRERA
`
`By:_____________________________________
`
`Christine D. Hanlon
`Attorneys for Defendant
`CROWN CASTLE NG EAST LLC
`U.S. MAIL:
`P.O. Box 94743, Chicago, IL 60690-4743
`Law Firm Email: CNANewYork@cna.com
`120 White Plains Road, Suite 220
`Tarrytown, NY 10591
`914-524-5600
`Our File No: 1232203634
`
`
`
`
`TO:
`
`RAPHAELSON & LEVINE LAW FIRM, P.C.
`Attorneys for Plaintiff
`14 Penn Plaza, Suite 1718
`New York, NY 10122
`212-268-3222
`
`HON. SYLVIA O. HINDS-RADIX
`Attorneys for Defendant
`THE CITY OF NEW YORK
`Corporation Counsel
`100 Church Street
`New York, NY 10007
`718-725-5200
`
`NICHOLAS GOODMAN & ASSOCIATES, PLLC
`Attorneys for Defendant
`CABLEVISION SYSTEMS NEW YORK CITY CORPORATION
`333 Park Avenue South - Suite 3A
`New York, NY 10010
`212-227-9003
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`11 of 37
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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`INDEX NO.: 525688/2023
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`COMBINED DEMANDS
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`--------------------------------------------------------------------X
`TIPORA LEONCE,
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` Plaintiff,
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` -against-
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`THE CITY OF NEW YORK, BROOKLYN UNION
`GAS COMPANY D/B/A NATIONAL GRID,
`CABLEVISION SYSTEMS NEW YORK CITY
`CORPORATION, CROWN CASTLE NG EAST LLC,
`MULVIHILL ELECTRICAL ENTERPRISES INC.,
`TRIUMPH CONSTRUCTION CORP. and VERIZON
`NEW YORK INC.,
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` Defendants.
`--------------------------------------------------------------------X
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`
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`Pursuant to the applicable sections of the CPLR, defendant, CROWN CASTLE NG
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`EAST LLC, hereby demands that you serve responses to the following demands upon LAW
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`OFFICES OF FISHMAN AND CABRERA, within twenty (20) days of the date of these
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`demands:
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`DEMAND FOR MEDICAL REPORTS & AUTHORIZATIONS
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`1. Copies of all medical records of those physicians and/or therapists concerning
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`treatment, diagnosis and prognosis of the plaintiff for the injuries allegedly suffered herein.
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`2. Duly executed, acknowledged and fully addressed HIPAA-compliant written
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`authorizations permitting defendant’s attorney to obtain and make copies of all office records of
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`physicians and/or therapists concerning treatment, diagnosis and prognosis of the plaintiff for the
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`injuries allegedly suffered herein including, but not limited to x-rays, MRIs, CT scans, laboratory
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`and technician reports as may be referred to the physicians’ and/or therapists’ office records.
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`3. Duly executed, acknowledged and fully addressed HIPAA-compliant written
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`authorizations permitting defendant’s attorney to obtain and make copies of all hospital and/or
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`clinic records of treatment plaintiff is alleged to have received as a result of the accident alleged
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`12 of 37
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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`in plaintiff’s Complaint, and such other records including, but not limited to x-rays, MRIs and
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`CT scans as may be referred to in the hospital and/or clinic records.
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`PLEASE TAKE FURTHER NOTICE, that the undersigned will object, upon the trial of
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`this action, to the receipt in evidence of any part of said records not made available pursuant to
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`this demand and to the introduction of any evidence of injuries or conditions not set forth or put
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`in issue in any medical reports heretofore received by the undersigned and to the testimony of
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`any physician whose medical reports have not been served as demanded.
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`DEMANDS FOR PRIOR OR SUBSEQUENT INJURY RECORDS,
`REPORTS AND/OR AUTHORIZATIONS
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`1. Duly executed, acknowledged and fully addressed HIPAA-compliant written
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`authorizations permitting defendant’s attorney to obtain all medical records, hospital records, x-
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`rays, MRI scans and technical and diagnostic reports directed to any hospital, clinic or other
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`health care facility in which the injured plaintiff consulted, is or was treated or confined.
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`2. The names and addresses of all physicians or other health care providers of
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`every description who has consulted, examiner or treated plaintiff for any prior injuries which
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`are similar to those injuries being alleged in the present action.
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`3. Duly executed, acknowledged and fully addressed HIPAA-compliant written
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`authorizations permitting defendant’s attorney to obtain all medical records of each physician o
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`other health care provider identified in response to 2 above, if such has not been provided.
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`4. Copies of all medical reports received from any and all health care provider(s)
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`identified in response to 1, 2 or 3 above.
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`5. Duly executed, acknowledged and fully addressed HIPAA-compliant written
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`authorizations permitting defendant’s attorney to obtain a complete pharmacy or drug store
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`record with respect to all drugs prescribed to plaintiff for prior injuries which are similar to those
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`injuries being alleged in the present action.
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`13 of 37
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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`6. Duly executed, acknowledged and fully addressed HIPAA-compliant written
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`authorizations permitting defendant’s attorney to obtain a complete (non-privileged) legal file
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`relating to any and all pre-existing conditions relating to injuries alleged in the present action.
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`7. Copies of all legal records and/or reports received from any entity identified in 6
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`above.
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`PLEASE TAKE NOTICE that this demand is a continuing demand and that upon your
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`failure to comply, the plaintiff will be precluded at the trial of this action from (1) offering any
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`evidence of the conditions described in the reports or records demanded, or (2) from offering in
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`evidence any part of the hospital records, medical records, x-ray reports or reports of other
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`technicians not made available in response hereto or (3) offering any testimony of any medical
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`provider whose medical reports have not been provided in response hereto.
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`DEMAND FOR NAMES & ADDRESSES OF WITNESSES
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`PLEASE TAKE NOTICE that pursuant to CPLR § 3120 and the authority of Zellman v.
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`Metropolitan Transit Authority, 40 A.D.2d 248 and Zayas, et al. v. Morales, et al., 45 A.D.2d
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`610, the undersigned demands that you serve upon him a list of the names and addresses of:
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`1. All eyewitnesses to the occurrence alleged in the plaintiff's Complaint.
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`2. All witnesses to any element that reflects on the liability or damage issue(s) in
`this action.
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`DEMAND FOR PARTY STATEMENTS
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`PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR
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`§3101(e), for a copy of all statements, abstracts, recordings, writings, tape recordings, electronic
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`recordings and/or electronic statements taken by plaintiff, co-defendants and/or their respective
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`attorneys or agents with respect to the within litigation which are presently in the possession,
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`custody or control of any recipient of this demand, their attorneys or agents.
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`14 of 37
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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`DEMAND FOR EXPERT INFORMATION
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`PLEASE TAKE NOTICE, that pursuant to CPLR § 3101(d), plaintiff is required to
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`disclose the following:
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`1.
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`2.
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`3.
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`4.
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`5.
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`The names of each person that the plaintiff expects to call as an expert witness
`at a trial of this matter with respect to the issues of liability and damages.
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`Set forth in reasonable detail the subject matter on which each expert is
`expected to testify at a trial of this matter;
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`Set forth in reasonable detail the substance of the facts and opinions on which
`each such expert is expected to testify at a trial of this matter;
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`Set forth the qualifications of each expert witness expected to testify at a trial of
`this matter; and
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`Set forth in reasonable detail a summary of the grounds for each expert's
`opinion that (s)he is expected to testify to at a trial of this matter.
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`PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to
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`comply with this demand, a motion to preclude the testimony of any witness called on behalf of
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`the plaintiff as an expert witness will be made by the defendant.
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`PLEASE TAKE NOTICE, that pursuant to Rule 3120 and 3101(g) of the CPLR, you
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`DEMAND FOR PHOTOGRAPHS
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`are hereby required to produce any and all original photographs, videotapes/CDs/DVDs or
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`facsimiles depicting the following:
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`1. The scene of the alleged incident which plaintiff will claim represent the
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`condition of the location of the incident (a) at the time it occurred; (b) within a reasonable time
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`before the alleged incident or events occurred which are the subject of this action; and (c) within
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`a reasonable time after the alleged incident or events occurred which are the subject of this
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`action.
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`2. The instrumentalities involved in said incident or occurrence.
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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`3. The physical condition of anyone making a claim of injury or death against the
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`defendant in this action.
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`PLEASE TAKE NOTICE that duplicate original photographs, videotapes/CDs/DVDs
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`or facsimiles may be supplied within the time set forth above in lieu of actual production of
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`same.
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`DEMAND FOR COLLATERAL SOURCE INFORMATION
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`PURSUANT TO CPLR § 4545, you are hereby required to produce the following:
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`1. Each and every collateral source of payment including but not limited to
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`insurance agreements, social security, workers’ compensation or employee benefit programs, no-
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`fault records and any other collateral source of payment for past and future costs or expenses
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`alleged to have been incurred by plaintiff and for which recovery is sought in the instant action.
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`2. A written statement setting forth any and all such collateral sources and their
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`amounts.
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`3. Duly executed and acknowledge written authorizations permitting defendant to
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`obtain and make copies of all records relating to collateral source information as set forth herein.
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`PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing
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`will serve as the basis of a motion for appropriate relief pursuant to CPLR.
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`DEMAND FOR SOCIAL NETWORKING INFORMATION
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`Pursuant to the CPLR, plaintiff is hereby required to produce duly executed and
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`acknowledged, fully addressed HIPAA-compliant original authorizations permitting defendant to
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`obtain full access to, and make copies of all records from the following:
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`1. All records relating to plaintiff’s social networking accounts, including but not
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`limited to Facebook, Instagram, Twitter, Myspace, Foursquare, Google, Buzz, Shutterfly, Flikr,
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`Snapfish, LinkedIn, Evite, Punchbowl, Classmates, Active, Bebo and Friendster and any other
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`16 of 37
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`FILED: KINGS COUNTY CLERK 10/20/2023 10:45 AMFILED: KINGS COUNTY CLERK 04/08/2024 09:05 AM
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`NYSCEF DOC. NO. 20NYSCEF DOC. NO. 59
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`INDEX NO. 525688/2023INDEX NO. 525688/2023
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`RECEIVED NYSCEF: 10/20/2023RECEIVED NYSCEF: 04/08/2024
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`social networking sites which plaintiff has been a member of from three years prior to and
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`including the date of incident alleged in the Complaint through the present date.
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`2. The authorizations must include the email address linked to each account, along
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`with other required identifying information, including but not limited to account or screen
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`names.
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`3. If plaintiff has never had, or does not currently have, any social networking
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`accounts, then an affidavit to the effect must be provided.
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`PLEASE TAKE NOTICE that plaintiff and plaintiff’s