FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
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`DESTINE LOUNY,
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`Plaintiff,
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`-against-
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`UMAR MAHWISH, ANGEL DIAZ ORTIZ, and
`WALMART TRANSPORTATION, LLC,
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`Defendants.
`------------------------------------------------------------------------------x
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`The defendant, UMAR MAHWISH, by his attorneys, MORRIS DUFFY ALONSO
`FALEY & PITCOFF, upon information and belief, answers the plaintiff’s Complaint herein as
`follows:
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`Index No. 534389/2023
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`VERIFIED ANSWER
`WITH CROSSCLAIMS
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`THE PARTIES
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`1.
`Denies any knowledge or information sufficient to form a belief as to the truth of
`the allegations contained in the paragraphs or subdivisions of the Complaint designated: “1,” “7,”
`“8,” “9,” “10,” “11,” “12,” “13,” “15,” “16,” “17,” “18,” “19,” and “20.”
`
`2.
`Admits each and every allegation contained in the paragraphs or subdivisions of
`the Complaint designated: “2,” and “3.”
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`3.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated: “4,” “5,” and “6,” and respectfully refers all questions of law to this
`honorable court.
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`4.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated:
`“14,” and respectfully refers all questions of law to this honorable court.
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`THE ACCIDENT
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`5.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated:
`“21,” “22,” “23,” “24,” “25,” “26,” “27,” “29,” “30,” “31,” and “32,” and respectfully refers all
`questions of law to this honorable court.
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`6.
`Denies each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “28,” and respectfully refers all questions of law to this honorable court.
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`COUNT ONE: NEGLIGENCE AS TO DEFENDANT UMAR MAHWISH
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`1 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`As to the paragraph of the Complaint designated “33”, answering defendant repeats,
`7.
`reiterates and realleges each and every denial heretofore made with respect to paragraphs “1”
`through “32” inclusive, with the same force and effect as if fully set forth at length herein.
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`8.
`Denies each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “34,” “35,” “36,” “37,” “38,” “39,” “40,” “41,” “42,” “43,” and “44.”
`
`9.
`Denies each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “45,” “46,” “47,” and “48,” and respectfully refers all questions of law to
`this honorable court.
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`COUNT TWO: NEGLIGENCE AS TO DEFENDANT ANGEL DIAZ ORITZ
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`As to the paragraph of the Complaint designated “49”, answering defendant repeats,
`10.
`reiterates and realleges each and every denial heretofore made with respect to paragraphs “1”
`through “48” inclusive, with the same force and effect as if fully set forth at length herein.
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`11.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated:
`“50,” “51,” “52,” and “53,” and respectfully refers all questions of law to this honorable court.
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`COUNT THREE: VICARIOUS LIABILITY AS TO DEFENDANT
`WALMART TRANSPORTATION, LLC
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`As to the paragraph of the Complaint designated “54”, answering defendant repeats,
`12.
`reiterates and realleges each and every denial heretofore made with respect to paragraphs “1”
`through “53” inclusive, with the same force and effect as if fully set forth at length herein.
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`13.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated:
`“55,” “56,” “57,” “58,” “59,” and “60,” and respectfully refers all questions of law to this honorable
`court.
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`COUNT FOUR: NEGLIGENT HIRING, TRAINING, RETENTION
`AND SUPERVISION AS TO DEFENDANT
`WALMART TRANSPORTATION, LLC
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`As to the paragraph of the Complaint designated “61”, answering defendant repeats,
`14.
`reiterates and realleges each and every denial heretofore made with respect to paragraphs “1”
`through “60” inclusive, with the same force and effect as if fully set forth at length herein.
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`15.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated:
`“62,” “63,” “64,” “65,” “66,” and “67,” and respectfully refers all questions of law to this honorable
`court.
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`2 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`DEMAND FOR RELIEF
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`16.
`Denies each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “68,” and “69,” and respectfully refers all questions of law to this
`honorable court.
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`17.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of the plaintiff, pursuant to Section 14-A, CPLR.
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`18.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of third parties not under the control of answering
`defendant.
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`19.
`Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
`received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
`care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
`replaced or indemnified, in whole or in part from any collateral source such as insurance (except
`for life insurance), social security (except for those benefits provided under title XVIII of the Social
`Security Act), workers' compensation or employee benefit programs (except such collateral source
`entitled by law to liens against any recovery of the plaintiff), then and in that event answering
`defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a
`collateral source in reduction of the amount of the award by such replacement or indemnification,
`minus an amount equal to the premiums paid by the plaintiff for such benefits for the two year
`period immediately preceding the accrual of this action and minus an amount equal to the projected
`future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c).
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`20.
`If the plaintiff was not wearing seat belts at the time of the accident, answering
`defendants plead the failure to wear same, or to wear same properly, in mitigation of damages.
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`21.
`The injuries and damages alleged, all of which are denied by the answering
`defendants, were caused by the intervening, interceding and superseding acts of third parties not
`under the control of answering defendants.
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`22.
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
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`3 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`and provisions of Article 51 of the Insurance Law of the State of New York.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
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`23.
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`24.
`of process.
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`25.
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`The Court lacks personal jurisdiction over the answering defendants.
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`AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
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`The Court lacks jurisdiction over the answering defendants due to improper service
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`The plaintiff failed to mitigate his damages.
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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`26.
`That the action against the answering defendant cannot be prosecuted due to the
`plaintiffs’ failure to name and likewise prosecute an indispensable party to this litigation.
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`AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
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`27.
`the CPLR.
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`28.
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`Answering defendant is entitled to limitation of liability pursuant to Article 16 of
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
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`The Complaint fails to state a cause of action upon which relief may be granted.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
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`29.
`If the plaintiff sustained damages as alleged, such damages occurred while the
`plaintiff was engaged in an activity into which he (or she) entered, knowing the hazard, risk and
`danger of the activity and he (or she) assumed the risks incidental to and attending the activity.
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
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`30.
`Defendant asserts Section 15-108 of the General Obligations Law and will ask the
`Court that the defendant be entitled to a set-off for any settlements, releases or discontinuances.
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
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`31.
`The defendant was not negligent because they were faced with an emergency
`situation, not of their own making, and acted as a reasonable prudent person would act in the same
`emergency.
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`4 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
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`32.
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`Plaintiff was involved in an activity inherently dangerous.
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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
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`The defendants are not liable to the plaintiff as the plaintiff’s actions were the sole
`33.
`proximate cause of the alleged occurrence.
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`AS AND FOR A EIGHTEENTH AFFIRMATIVE DEFENSE
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`34.
`and provisions of Article 51 of the Insurance Law of the State of New York.
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`AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
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`35.
`The occurrence alleged herein was an emergency situation and could not have been
`prevented by the answering defendants herein.
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`AS A BASIS FOR AFFIRMATIVE RELIEF AND AS AND
`FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANT(S),
`ANGEL DIAZ ORTIZ, and WALMART TRANSPORTATION, LLC
`ANSWERING DEFENDANT(S) ALLEGES:
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`36.
`If plaintiff(s) sustained injuries and damages as alleged in the Complaint through
`any fault other than the plaintiff(s)’ own fault, then such damages were sustained due to the sole
`fault of the co-defendant(s), and if plaintiff(s) should obtain and/or recover judgment against the
`answering defendant(s), then the co-defendant(s) shall be liable pursuant to common law for the
`full indemnification of the answering defendant(s).
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`In view of the foregoing, the answering defendant(s) is/are entitled to complete
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`common law indemnification for all loss, damage, cost or expense, including, without limitation,
`judgments, attorneys’ fees, court costs and the cost of appellate proceedings from the co-
`defendants.
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`AS A BASIS FOR AFFIRMATIVE RELIEF AND AS AND
`FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANT(S),
`ANGEL DIAZ ORTIZ, and WALMART TRANSPORTATION, LLC
`ANSWERING DEFENDANT(S) ALLEGES:
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`37.
`If plaintiff(s) was/were caused to sustain injuries and damages at the time and place
`set forth in plaintiff(s)’ Complaint through any carelessness, recklessness and negligence other
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`5 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`AS A BASIS FOR AFFIRMATIVE RELIEF AND AS AND
`FOR A THIRD CROSS-CLAIM AGAINST CO-DEFENDANT(S),
`ANGEL DIAZ ORTIZ, and WALMART TRANSPORTATION, LLC
`ANSWERING DEFENDANT(S) ALLEGES:
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`than plaintiff(s)’ own, those damages arose in whole or in part from the acts of co-defendant(s),
`and if any judgment is recovered herein by plaintiff against answering defendant(s), then the
`answering defendant(s) will be damaged thereby and will be entitled to apportionment or
`indemnification, in whole or in part, on the basis of proportionate responsibility or obligation to
`indemnify co-defendant(s).
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`38.
`If the plaintiff(s) was/were caused to sustain injuries and damages at the time and
`in the manner set forth in the Complaint through any carelessness, recklessness or negligence other
`than that of plaintiff(s)’ own, which is expressly denied, such injuries and damages will have been
`caused, brought about and sustained solely by reason of the active, primary and affirmative
`negligence, carelessness and wrongdoing of the co-defendant(s), by their agents, servants and/or
`employees, without any negligence on the part of the answering defendant contributing thereto, or
`if there be any negligence on the part of this defendant, the same was merely passive and secondary
`in nature.
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`39.
`That by reason of the foregoing, if the plaintiff(s) recover(s) any judgment against
`the answering defendant(s), then answering defendant(s) is/are entitled to be fully indemnified by
`the co-defendant(s), in a like amount, together with the costs and disbursements, expenses and
`attorneys’ fees of the defense of this action by reason of the active and primary negligence of the
`co-defendant(s).
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`WHEREFORE, answering defendant(s) demand(s) judgment dismissing the Complaint as
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`to the defendant(s), with costs and further demand(s) that the ultimate rights of the answering
`defendant(s) and co-defendant(s), as between themselves, be determined in this action, and that
`answering defendant(s) has/have judgment over and against co-defendant(s) for all or a part of any
`verdict or judgment which may be obtained by the plaintiff against answering defendant(s),
`together with the costs, interest and disbursements of this action.
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`Dated:
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`New York, New York
`March 21, 2024
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`Yours etc.,
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
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`Davinderpal Singh
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`By: _____________________________
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`Davinderpal Singh
`Attorneys for Defendants
`UMAR MAHWISH
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`6 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77112
`
`TO:
`ROSENBAUM & ROSENBAUM P.C.
`Attorney for Plaintiff
`100 Wall Street, 25th Floor
`New York, NY 10005
`212.514.5007
`
`SALMON RICCHEZZA SINGER & TURCHI, LLP
`Attorney for Co-Defendants
`Angel Diaz Ortiz & Walmart Transportation, LLC
`110 East 59th Street 22nd Floor
`New York, NY 10022
`646.432.5508
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`7 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`Index No. 734389/2023
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`DEMAND FOR A
`VERIFIED BILL OF
`PARTICULARS
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------------x
`DESTINE LOUNY,
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`Plaintiff,
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`-against-
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`UMAR MAHWISH, ANGEL DIAZ ORTIZ, and
`WALMART TRANSPORTATION, LLC,
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`Defendants.
`------------------------------------------------------------------------------x
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`COUNSELLORS:
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`PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section
`
`3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of
`Particulars upon the undersigned within twenty (20) days after receipt of this Demand.
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`In the event of your failure to comply with this Demand for a Verified Bill of Particulars
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`within that time, a motion will be made for an Order precluding you from offering any evidence
`on the causes of action alleged in the Complaint concerning the following items as they concern
`the answering defendant(s):
`
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`1.
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`The date and time of the occurrence alleged in the Complaint.
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`The location of the occurrence alleged in the Complaint.
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`2.
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`3.
`A statement of all the acts or omissions constituting negligence which plaintiff(s)
`will claim against the answering defendant(s).
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`4.
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`A statement of:
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`(a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and
`(b) A description of those claimed by plaintiff(s) to be permanent.
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`5.
`If this is an action designated in subsection (a) of Section 5104 of the Insurance
`Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state
`in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102
`of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection
`(a) of Section 5102 of the Insurance Law.
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`6.
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`The length of time plaintiff(s) was/were confined to each of the following:
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`(a) Bed;
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`8 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`(b) House; and
`(c) Hospital.
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`State the following:
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`7.
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`(a) The occupation of plaintiff(s);
`(b) The length of time plaintiff(s) was/were incapacitated from employment; and
`(c) The name and address of plaintiff(s)’ employer.
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`8.
`I. State separately the total amounts or economic loss claimed by plaintiff(s) as
`special damages for each of the following:
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special
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`damages or economic loss represent past damages and in which amount:
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`III. Itemize which of the special damages or economic loss represent future
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`damages and in what amount:
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`IV. Over what period of time does plaintiff(s) claim each of future expenses or
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`losses shall occur:
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`SPECIAL DAMAGES
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`PERIOD OF TIME
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`(a) Physicians’ services;
`(b) Nurses’ services;
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`9 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`9.
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`10.
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`11.
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`12.
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`13.
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`14.
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`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`The date of birth of plaintiff(s).
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`The residence address of plaintiff(s).
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`The Social Security number of the plaintiff(s).
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`If the plaintiff is an infant, state the following:
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`(a) The name and address of any school infant plaintiff attended at the time of this
`occurrence;
`(b) The date or dates infant plaintiff was absent from school as the result of the
`alleged injuries sustained in this occurrence.
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`If the Complaint alleges a cause of action for property damage, state:
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`(a) The make, year, type and mileage of plaintiff’s vehicle;
`(b) The date when plaintiff acquired title to this vehicle;
`(c) A statement setting forth in detail each and every item of damage claimed to
`have been sustained to plaintiff’s vehicle, setting forth, in detail, each part
`claimed to have been damaged or replaced and the cost of repair or replacement
`for each part so damaged or replaced;
`(d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to
`the occurrence;
`(e) The salvage value of plaintiff’s vehicle after the occurrence;
`(f) The length of time required to perform the foregoing repairs;
`(g) The direction in which plaintiff(s) vehicle was proceeding immediately before
`the occurrence; and
`(h) The direction in which defendant(s)’ vehicle was proceeding immediately
`before the occurrence.
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`If there is a cause of action for loss of services, state the following:
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`(a) In what manner was the plaintiff deprived of services and state what the services
`were;
`(b) With regard to the monies expended and the obligations incurred to expend
`additional monies, set forth the amount of money involved and precisely to who
`such monies were paid or are owed.
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`
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`State the full caption of each and every lawsuit brought on plaintiff(s)’ behalf to
`15.
`recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
`of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including:
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`10 of 50
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`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
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`INDEX NO. 534389/2023
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`RECEIVED NYSCEF: 03/21/2024
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`(a) court;
`(b) index number;
`(c) calendar number;
`(d) names and addresses of all litigants;
`(e) names and addresses of all attorneys appearing for litigants;
`(f) status of lawsuit.
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`16.
`Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule
`or regulation, if any, which it is claimed answering defendant(s) violated with reference to the
`occurrence alleged in the Complaint.
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`Dated:
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`New York, New York
`March 21, 2024
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`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Davinderpal Singh
`
`By: _____________________________
`
`Davinderpal Singh
`Attorneys for Defendants
`UMAR MAHWISH
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77112
`
`TO:
`ROSENBAUM & ROSENBAUM P.C.
`Attorney for Plaintiff
`100 Wall Street, 25th Floor
`New York, NY 10005
`212.514.5007
`
`SALMON RICCHEZZA SINGER & TURCHI, LLP
`Attorney for Co-Defendants
`Angel Diaz Ortiz & Walmart Transportation, LLC
`110 East 59th Street 22nd Floor
`New York, NY 10022
`646.432.5508
`
`11 of 50
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`ATTORNEY VERIFICATION
`
`Davinderpal Singh an attorney admitted to practice in the courts of New York State.
`
`That I am an associate of the firm of MORRIS DUFFY ALONSO FALEY & PITCOFF,
`
`
`
`
`
`the attorneys of record for defendant. I have read the foregoing ANSWER and know the contents
`
`thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on
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`information and belief, and as to those matters I believe it to be true. The reason this verification
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`is made by me and not by the defendant is that the defendant does not maintain an office within
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`New York County.
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`
`
`The grounds of my belief as to all matters not stated upon my own knowledge are based
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`on a review of the contents of the file maintained by this office.
`
`Dated: New York, New York
`
`March 21, 2024
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`
`
`
`
`
`
`
`
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`
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`
`Davinderpal Singh
`
`
`
`
`_____________________________
`Davinderpal Singh
`
`12 of 50
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`
`
`
`
`Index No. 734389/2023
`
`NOTICE TO TAKE
`DEPOSITION
`
`
`
`
`
`
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`
`
`
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`
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`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------------x
`DESTINE LOUNY,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`UMAR MAHWISH, ANGEL DIAZ ORTIZ, and
`WALMART TRANSPORTATION, LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`------------------------------------------------------------------------------x
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will take the deposition and/or virtual
`deposition of the following parties or persons, before a stenographic reporter and notary public
`not affiliated with any of the parties or their attorneys, on all relevant and material issues, as
`authorized by Article 31 of the CPLR of ALL ADVERSE PARTIES at a date, time and place to
`be agreed upon among counsel or set by the Court.
`
`PLEASE TAKE FURTHER NOTICE that the persons to be examined are required to
`
`produce all books, records and papers in their custody and possession that may be relevant to the
`issues.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`recording of any deposition by the use of audio or video recording of these proceedings by any
`person. Only a traditional stenographic reporter present at the deposition in the same manner as
`the participants resulting in a traditional written transcript will be accepted. Should an audio or
`video reporter appear to record these proceedings, we will postpone any deposition until the
`presence of a traditional stenographic reporter can be coordinated.
`
`Dated:
`
`
`
`New York, New York
`March 21, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Davinderpal Singh
`
`By: _____________________________
`
`Davinderpal Singh
`Attorneys for Defendants
`UMAR MAHWISH
`
`13 of 50
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77112
`
`TO:
`ROSENBAUM & ROSENBAUM P.C.
`Attorney for Plaintiff
`100 Wall Street, 25th Floor
`New York, NY 10005
`212.514.5007
`
`SALMON RICCHEZZA SINGER & TURCHI, LLP
`Attorney for Co-Defendants
`Angel Diaz Ortiz & Walmart Transportation, LLC
`110 East 59th Street 22nd Floor
`New York, NY 10022
`646.432.5508
`
`
`
`
`
`
`14 of 50
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`
`
`Index No. 734389/2023
`
`
`NOTICE REGARDING
`DEPOSITION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------------x
`DESTINE LOUNY,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`UMAR MAHWISH, ANGEL DIAZ ORTIZ, and
`WALMART TRANSPORTATION, LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`------------------------------------------------------------------------------x
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will only take the deposition and/or virtual
`depositions of any party or witness before a stenographic reporter and notary public present at
`the deposition in the same manner as the participants and not affiliated with any of the parties or
`their attorneys.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`
`recording of any deposition by the use of an audio recording with later transcription by a
`stenographic reporter that was not present at the deposition or other means. Only a traditional
`stenographic reporter who is present during the testimony either in person or virtually resulting
`in a traditional written transcript will be accepted. Should an audio reporter appear to record any
`deposition, we will postpone the deposition until the presence of a traditional stenographic
`reporter can be coordinated.
`
`Dated:
`
`
`
`New York, New York
`March 21, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Davinderpal Singh
`
`By: _____________________________
`
`Davinderpal Singh
`Attorneys for Defendants
`UMAR MAHWISH
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77112
`
`15 of 50
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`TO:
`ROSENBAUM & ROSENBAUM P.C.
`Attorney for Plaintiff
`100 Wall Street, 25th Floor
`New York, NY 10005
`212.514.5007
`
`SALMON RICCHEZZA SINGER & TURCHI, LLP
`Attorney for Co-Defendants
`Angel Diaz Ortiz & Walmart Transportation, LLC
`110 East 59th Street 22nd Floor
`New York, NY 10022
`646.432.5508
`
`
`
`
`
`
`16 of 50
`
`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`
`
`Index No. 734389/2023
`
`
`COMBINED DEMANDS
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`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------------x
`DESTINE LOUNY,
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`UMAR MAHWISH, ANGEL DIAZ ORTIZ, and
`WALMART TRANSPORTATION, LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`------------------------------------------------------------------------------x
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are
`
`hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS
`
`DUFFY ALONSO FALEY & PITCOFF, 22nd Floor, 101Greenwich Street, New York, New York
`
`10006, within twenty (20) days after receipt of these Demands, the following documents heretofore
`
`exchanged between any of the parties to this litigation:
`
`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
`
`
`
`Demand is hereby made, pursuant to the Rules of this Court, that plaintiff serve upon and
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`deliver to the undersigned and all other parties to the action, the following:
`
`(a)
`
`(b)
`
`Copies of the medical reports of those physicians who have treated or examined the
`party seeking recovery, and who will testify on his/her behalf. The same shall
`include a detailed statement of the injuries and conditions as to which testimony
`will be offered at the trial, and shall identify those x-rays and technicians' reports
`which will be offered at trial.
`
`Duly executed and acknowledged written authorizations (containing full name &
`address of doctor/hospital) and fully compliant with HIPAA regulations permitting
`all parties to obtain and make copies of all hospital records, and such other records,
`including x-rays and technicians' reports as may be referred to and identified in the
`statement of the examined party's physicians.
`
`(c)
`
`Duly executed authorizations (containing full name & address of doctor/hospital)
`and fully compliant with HIPAA regulations permitting defendant(s) to discover,
`inspect and copy the records of all physicians and laboratories in which or by whom
`
`
`
`
`
`17 of 50
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`

`

`FILED: KINGS COUNTY CLERK 03/21/2024 11:01 AM
`NYSCEF DOC. NO. 15
`
`INDEX NO. 534389/2023
`
`RECEIVED NYSCEF: 03/21/2024
`
`
`
`(d)
`
`
`(e)
`
`plaintiff was examined or received treatment or tests for the same or similar injuries
`and complaints as those at issue in this lawsuit.
`
`The names and addresses of any physicians, medical institutions, medical
`personnel, nursing services or hospitals whom the plaintiff saw, consulted with,
`received advice from or prior to the alleged negligence suffered by the plaintiff.
`
`Authorizations fully compliant with HIPAA regulations to obtain reports and
`records of the aforesaid physicians, institutions, medical personnel, hospitals and/or
`nursing services.
`
`
`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION(S)
`
`
`
`Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
`
`rules governing the exchange of medical information, and permit us to discovery, inspect and copy
`
`all video/audio records, regardless of format, taken by plaintiff(s) or on behalf of plaintiff(s) of
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`any independent medical examination conducted on behalf of the defendant within thirty (30) days
`
`of the date(s) on which said recordings were taken and/or created or within thirty (30) days from
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`the date of this demand, whichever is sooner.
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`DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT
`
`
`
`Demand is hereby made that you produce true and complete copies of any Notice of Claim
`
`filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
`
`Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in
`
`relation to the alleged accident within thirty (30) days from the date of th