FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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` Index No.: 536021/2023
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` VERIFIED ANSWER
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
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`Plaintiff(s),
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`-against-
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`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
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`Defendant(s).
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`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
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`Defendants, NIGEL A. BERTRAND and VISIONPRO INSTALLATIONS CORP., by their
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`attorneys, GALLO VITUCCI & KLAR LLP, as and for their answer to the Verified Complaint of the
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`plaintiff, respectfully set forth as follows:
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`1.
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`Deny knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in paragraphs “1”, “2”, “7”, “8”, “9”, “10”, “11”, “24” and “26” of the Verified
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`Complaint.
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`2.
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`Deny knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in paragraphs “3”, “4”, “5”, “6”, “17”, “18”, “19”, “20”, “21”, “22” and “25” of
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`the Verified Complaint and respectfully refer all questions of law to the Court at the time of trial.
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`3.
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`Deny the allegations contained in paragraphs “27”, “28”, “29”, “30”, “31”, “32”, 33”,
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`“34” and “35” of the Verified Complaint.
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`4.
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`Admit to the allegations contained in paragraphs “12”, “13”, “14”, “15”, “16” and “23”
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`of the Verified Complaint.
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`1 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`5.
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`Upon information and belief, any damage or damages sustained by the plaintiff herein
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`were not caused by the wrongdoing on the part of the answering defendants, their servants, agents or
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`employees, but were caused solely or in part by the wrongdoing of the plaintiff and that such conduct
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`requires diminution of any award, verdict or judgment that plaintiff may recover against said answering
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`defendants.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`6.
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`Upon information and belief, plaintiff’s economic loss, if any, as specified in §4545 of
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`the CPLR, was replaced or indemnified, in whole or in part, from collateral sources, and the answering
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`defendants are entitled to have the Court consider same in determining such special damages as provided
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`in §4545 of the CPLR.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`7.
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` Upon information and belief, this action must be dismissed for plaintiff’s failure to
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`state a cause of action.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`9.
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`Upon information and belief, the injuries sustained by plaintiff are such that they do not
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`fall within the requirements of Insurance Law Section 5101, et seq.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`10.
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`Upon information and belief, this Court lacks jurisdiction over the answering defendants
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`by reason of improper service of process.
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`2 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`11.
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`Upon information and belief, the injuries sustained were caused and/or increased by
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`reason of the failure of plaintiff to use a seat belt.
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`AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANT,
`SNAIDA ABDON
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`That although NIGEL A. BERTRAND and VISIONPRO INSTALLATIONS CORP.
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`10.
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`haves denied the allegations of plaintiff with respect to any wrongdoing on the part of said defendants,
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`nevertheless, in the event that there is a verdict of judgment in favor of the plaintiff against NIGEL A.
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`BERTRAND and VISIONPRO INSTALLATIONS CORP. then, and in that event, said defendants
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`demand judgment over and against co-defendant SNAIDA ABDON, by reason of his wrongful
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`conduct being primary and/or active while any wrongdoing of NIGEL A. BERTRAND and
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`VISIONPRO INSTALLATIONS CORP., if any, was secondary and/or passive and the indemnity is to
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`be full and complete.
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`AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANT,
`SNAIDA ABDON
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`11. Although NIGEL A. BERTRAND and VISIONPRO INSTALLATIONS CORP. have
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`
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`denied the allegations of plaintiff with respect to any alleged wrongdoing on the part of NIGEL A.
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`BERTRAND and VISIONPRO INSTALLATIONS CORP., nevertheless, if it is found that NIGEL A.
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`BERTRAND and VISIONPRO INSTALLATIONS CORP. are liable to the plaintiff herein, all of which
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`is denied, said defendants, on the basis of apportionment of responsibility for the alleged occurrence, are
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`entitled to contribution from and judgment over and against co-defendant, SNAIDA ABDON, for all or
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`part of any verdict or judgment plaintiff may recover against NIGEL A. BERTRAND and VISIONPRO
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`INSTALLATIONS CORP.
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`3 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`WHEREFORE, defendants, NIGEL A. BERTRAND and VISIONPRO INSTALLATIONS
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`CORP. demand:
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`1.
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`2.
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`Judgment dismissing the Verified Complaint;
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`In the event that the complaint is not dismissed, then common law indemnity
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`pursuant to the first cross-claim in accordance with degrees of wrongdoing;
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`3.
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`In the event that common law indemnity is not granted, then contribution pursuant
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`to the second cross-claim in accordance with degrees of wrongdoing; together with the costs and
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`disbursements of this action.
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`Dated: New York, New York
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`March 25, 2024
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`Yours, etc.,
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`GALLO VITUCCI & KLAL LLP
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`By: Grant M. Meisels
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` Grant M. Meisels
`
`
`Attorneys for Defendant
`NIGEL A. BERTRAND and VISIONPRO
`INSTALLATIONS CORP.
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBH.2024009
`gmeisels@gvlaw.com
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`TO: KORSUNSKIY LEGAL GROUP, P.C.
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`Attorneys for Plaintiff
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`WILGAINSON TOUSSAINT
`2626 East 14th Street, Suite 201
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`
`Brooklyn, New York 11235
`
`(718) 758-4755
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`
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`4 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`PEKNIC, PEKNIC & SCHAEFER, LLC
`Attorneys for Defendant
`SNAIDA ABDON
`1005 West Beech Street
`Long Beach, New York 11561
`(516) 432-9400
`File No.: PROG/056/24
`
`
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`5 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`VERIFICATION PURSUANT TO CPLR 3020(D)(2)
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`
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`STATE OF NEW YORK
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`COUNTY OF NEW YORK
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`
`)
`) ss.:
`)
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`The undersigned, an attorney admitted to practice law in the State of New York, affirms:
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`That the undersigned a partner of the firm of GALLO VITUCCI & KLAR LLP, attorneys of
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`record for defendants, NIGEL A. BERTRAND and VISIONPRO INSTALLATIONS CORP. , in the
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`within action; that the undersigned has read the foregoing Verified Answer and knows the contents
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`thereof; that the same are true to affirmant's own knowledge, except as to the matters therein stated to
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`be alleged on information and belief; and as to those matters affirmant believes them to be true.
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`The undersigned further states that the reason this affirmation is made by the undersigned and
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`not by defendants is because said party does not reside or have a place of business in the New York
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`County where your affirmant's office is located.
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`The grounds of affirmant's belief as to all matters not stated to be upon affirmant's own
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`knowledge, are investigative material contained in affirmant's file.
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`The undersigned affirms that the foregoing statements are true, under the penalty of perjury.
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`Dated: New York, New York
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`March 25, 2024
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` Grant M. Meisels
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` GRANT M. MEISELS
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`6 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
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` Index No.: 536021/2023
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`Plaintiff(s),
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`-against-
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`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
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`Defendant(s).
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`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -X
`S I R S:
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`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
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`PLEASE TAKE NOTICE that, pursuant to this Demand, you are required to serve a
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`verified Bill of Particulars with the following information with thirty (30) days:
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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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`Age of plaintiff(s), date of birth and place of birth.
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`Date of accident.
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`Time of accident.
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`Place of accident.
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`General description of the occurrence together with identification of the parts of
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`any motor vehicle or other instrumentality involved in said occurrence.
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`6.
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`7.
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`and, if so:
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`Acts of wrongdoing claimed separately, against each defendant.
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`Whether actual notice of a defective, deficient or unsafe condition is alleged,
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`(a)
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`The person or persons to whom given;
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`(b)
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`The place or places where given;
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`(c)
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`The date or dates when given;
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`(d)
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`The person or persons by whom given.
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`7 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`8.
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`Whether constructive notice of a defective, deficient or unsafe condition is
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`alleged, and, if so:
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`(a)
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`Nature of condition.
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`(b)
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`Location of condition.
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`(c)
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`Duration of condition with date of inception, to date constructive notice
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`will be claimed to be given defendant(s).
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`9.
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`All acts and omissions allegedly constituting negligence and carelessness on the part
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`of each of the other defendants.
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`10.
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`The exact location where the accident occurred, giving distances and exact
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`measurements and describing in detail the exact location as to lanes, streets, nearest intersections or
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`exits, city or village, town, county and state.
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`11.
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`Statement of all injuries claimed, including a detailed statement of those claimed to
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`be permanent.
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`12.
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`Loss of earnings claimed:
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`(a)
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`Name of employer and address;
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`(b)
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`Number of days incapacitated setting forth the dates;
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`(c)
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`Daily, weekly or monthly earnings;
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`(d)
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`Total amount of loss claimed.
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`13.
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`If plaintiff(s) was/were student(s) at the time of the accident:
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`(a)
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`Name and address of school;
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`(b)
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`Dates student(s) failed to attend school as a result of accident.
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`14.
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`If confined to or treated at a hospital:
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`(a)
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`Length of time confined giving dates;
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`8 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`(b)
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`Name and address of hospital.
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`15.
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`If confined to bed or home:
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`(a)
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`Length of time confined to bed, giving dates;
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`(b)
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`Length of time confined to home, giving dates.
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`16.
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`Statement of special damages incurred for:
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`(a)
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`Hospital and dates of visits;
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`(b)
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`Physicians and dates of visits;
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`(c)
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`Nurses and dates of visits;
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`(d) Medical equipment;
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`(e) Medicines and dates obtained;
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`(f)
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`Other (specify).
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`17.
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`A verified statement setting forth the residence and post office address of the
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`plaintiff(s).
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`18.
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`If loss of service is claimed, set forth the exact nature of the service stating what was
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`done or not done as a result of the alleged occurrence.
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`19.
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`If any statutes, laws or rules are claimed to have been violated by any of the
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`defendant(s) set forth the title of any such law and the section or sections and subsection or subsections
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`claimed to have been violated, and by which of the defendants.
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`20. With respect to property damage claimed, if any, set forth the following:
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`of;
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`(a)
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`Alleged value of the property immediately prior to the event complained of;
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`(b)
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`Alleged value of the property immediately following the event complained
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`(c)
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`Cost to repair the property allegedly damaged;
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`(d)
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`Cost to replace the property allegedly damaged;
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`9 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`incurred;
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`been incurred.
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`21.
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`(e)
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`Any claim with respect to loss of use or incidental expenses, and if so, how
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`(f)
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`Set forth copies of any paid invoices for such sums as are claimed to have
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`Set forth in writing any and all statements made by the defendant(s) with respect to
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`the occurrence.
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`22.
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`State whether any plaintiff is a covered person under Section 5102, Sub. J of the
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`Insurance Law of the State of New York.
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`23.
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`If any plaintiff is a covered person, state the name and address of any insurance
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`carrier providing first party benefits, the policy number under which provided, the name and address of
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`the policy holder and the claim number assigned.
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`24.
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`State how it will be claimed that any plaintiff sustained a serious injury or excess
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`economic loss within the meaning of Section 5102, Sub. d of the Insurance Law of the State of New
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`York.
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`25.
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`State whether any other action has been commenced against any person and/or entity
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`or entitles who may be jointly or jointly and severally liable with these defendants in connection with
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`the occurrence alleged in the complaint. If so, set forth against whom and in what court such action
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`has been commenced.
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` 26.
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` State whether any person and/or entity or entitles who may be jointly or jointly and
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`severally liable with these defendants has been released or discharged from liability and, if so, set forth
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`a true copy of said release.
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`Dated: New York, New York
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`March 25, 2024
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`Yours, etc.,
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`GALLO VITUCCI & KLAL LLP
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`10 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
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`By: Grant M. Meisels
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` Grant M. Meisels
`
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`Attorneys for Defendant
`NIGEL A. BERTRAND and VISIONPRO
`INSTALLATIONS CORP.
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBH.2024009
`gmeisels@gvlaw.com
`
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`
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`
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`TO: KORSUNSKIY LEGAL GROUP, P.C.
`
`Attorneys for Plaintiff
`
`WILGAINSON TOUSSAINT
`2626 East 14th Street, Suite 201
`
`
`Brooklyn, New York 11235
`
`(718) 758-4755
`
`
`PEKNIC, PEKNIC & SCHAEFER, LLC
`Attorneys for Defendant
`SNAIDA ABDON
`1005 West Beech Street
`Long Beach, New York 11561
`(516) 432-9400
`File No.: PROG/056/24
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`11 of 43
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
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`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
` Index No.: 536021/2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` DEMAND FOR EXPERT
` INFORMATION
`
`
`
`PLEASE TAKE NOTICE, that the undersigned defendant, by their attorneys, GALLO
`
`VITUCCI & KLAR LLP hereby demand pursuant to CPLR 3101(d)(1), you provide, within thirty (30)
`
`days, the following:
`
`
`
`
`
`Set forth separately the substance of the facts and opinions the expert is expected to
`3.
`
`
`give testimony concerning;
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`2.
`
`The name and address of each expert you intend to call to testify at trial;
`
`Set forth in detail the subject matter of which each expert is expected to testify;
`
`4.
`
`The qualifications of each expert; and
`
` 5.
`
` Set forth a summary for the grounds of each expert's opinion.
`
`Dated: New York, New York
`
`March 25, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`Attorneys for Defendant
`NIGEL A. BERTRAND and VISIONPRO
`INSTALLATIONS CORP.
`
`Office & P.O. Address:
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
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`
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`
`12 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBH.2024009
`gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: KORSUNSKIY LEGAL GROUP, P.C.
`
`Attorneys for Plaintiff
`
`WILGAINSON TOUSSAINT
`2626 East 14th Street, Suite 201
`
`
`Brooklyn, New York 11235
`
`(718) 758-4755
`
`
`PEKNIC, PEKNIC & SCHAEFER, LLC
`Attorneys for Defendant
`SNAIDA ABDON
`1005 West Beech Street
`Long Beach, New York 11561
`(516) 432-9400
`File No.: PROG/056/24
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`13 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`Index No.: 536021/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
` DEMAND FOR MEDICAL
` INFORMATION AND
` HOSPITAL AUTHORIZATIONS
`
`
`
`
`
`PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with
`
`provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff(s) provide,
`
`within thirty (30) days, the following:
`
`
`
`
`
`1. Medical reports of all of those treating physicians, osteopaths, chiropractors and/or other
`
`licensed medical professionals who have treated or consulted with plaintiff(s) upon whose testimony
`
`plaintiff(s) will rely upon a trial of this action.
`
`
`
`
`
`2.
`
`Duly executed authorizations with respect to any osteopaths, chiropractors and/or
`
`other licensed medical professionals who have treated plaintiff(s) with respect to any injuries, physical
`
`or mental, alleged to have resulted from the events complained of by plaintiff(s) in the within action.
`
`
`
`
`
`3.
`
`Duly executed authorizations with respect to any hospitals, clinics or other similar
`
`health care providers which have treated plaintiff(s) with respect to any injuries, physical or mental,
`
`alleged to have resulted from the events complained of by plaintiff(s) in the within action.
`
`
`
`
`
`4.
`
`Duly executed authorizations with respect to any osteopaths, chiropractors and/or
`
`other licensed medical professionals who have rendered treatment to plaintiff(s) with respect to any
`
`condition pre-existing or preceding the events complained of in the complaint involving disease,
`
`
`
`14 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is
`
`alleged to have been aggravated or exacerbated, or to have caused any increase in the sequela of those
`
`injuries or conditions allegedly resulting from the events complained of in the within action.
`
`
`
`
`
`5.
`
`Duly executed authorizations with respect to any hospitals, clinics or other similar
`
`health care providers which have rendered treatment to plaintiff(s) with respect to any condition pre-
`
`existing or preceding the events complained of in the complaint involving disease, disability or injury
`
`(or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have
`
`caused any increase in the sequela of those injuries or conditions allegedly resulting from the events
`
`complained of in the within action.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that with respect to Items numbered 3, 4 and 5, the
`
`authorizations to be provided shall state, as well, the approximate period or periods that such services
`
`were rendered or provided.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, the
`
`undersigned shall make such motions at or prior to trial as are required for the protection of the
`
`undersigned, which may include the seeking of the dismissal of this action or the precluding of the
`
`giving of any testimony with respect to any such conditions as are or have been treated but with respect
`
`to which response by plaintiff(s) has not been given.
`
`Dated: New York, New York
`
`March 25, 2024
`
`
`
`
`
`
`15 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`Attorneys for Defendant
`NIGEL A. BERTRAND and VISIONPRO
`INSTALLATIONS CORP.
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBH.2024009
`gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: KORSUNSKIY LEGAL GROUP, P.C.
`
`Attorneys for Plaintiff
`
`WILGAINSON TOUSSAINT
`2626 East 14th Street, Suite 201
`
`
`Brooklyn, New York 11235
`
`(718) 758-4755
`
`
`
`
`
`
`
`
`
`
`PEKNIC, PEKNIC & SCHAEFER, LLC
`Attorneys for Defendant
`SNAIDA ABDON
`1005 West Beech Street
`Long Beach, New York 11561
`(516) 432-9400
`File No.: PROG/056/24
`
`
`
`
`
`
`
`
`16 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
` Index No.: 536021/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
`
`
`
`
`
` DEMAND FOR NAMES AND
` ADDRESSES OF WITNESSES
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Civil Practice Law and Rules, Section 3101,
`
`demand is hereby made that you provide, within thirty (30) days, the names and addresses of all
`
`persons known to your client or to you, as attorneys for your client, with respect to the following:
`
`
`
`
`
`1.
`
`Any witnesses to the occurrence and/or events complained of in the complaint of
`
`plaintiff(s).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`action;
`
`
`
`
`
`2.
`
`Witnesses having knowledge of any alleged:
`
`
`
`
`
`
`
`
`
`
`
`(a) Wrongful act, error or omission allegedly committed or omitted by:
`
`
`
`
`
`
`
`(i)
`
`The party;
`
`(ii)
`
`Any other defendant or third party defendant in this action;
`
`(iii) Any person or party not a defendant or third party defendant in this
`
`(b)
`
`Any allegedly dangerous or defective condition with respect to any premises,
`
`instrumentality or device;
`
`
`
`
`
`action:
`
`
`
`
`
`
`
`
`
`
`
`
`
`(c)
`
`The condition of the premises, instrumentality or device complained of in this
`
`
`
`
`(i) Within thirty (30) days prior to the date of the occurrence or event;
`(ii)
`At any time subsequent to the occurrence or event.
`
`17 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`3.
`
`Any medical, dental, paramedical, hospital, clinic, or mental health facility which
`
`has treated plaintiff, or with whom plaintiff have consulted, with respect to any of the injuries allegedly
`
`sustained, exacerbated or aggravated by reason of the circumstances or events complained of in this
`
`action.
`
`
`
`
`
`4.
`
`Any persons having knowledge with respect to any conversations, communications
`
`or writings with respect to the circumstances or events referred to in the complaint or in any
`
`affirmative defense asserted by any party herein.
`
`
`
`
`
`5.
`
`Any persons having knowledge with respect to any items of special or general
`
`damages asserted by plaintiff in the within action or with respect to any setoff or counterclaim by any
`
`defendant or third party defendant.
`
`
`
`
`
`If you are unaware of any witnesses at this time, please provide a statement to that
`
`effect.
`
`Dated: New York, New York
`
`March 25, 2024
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`Attorneys for Defendant
`NIGEL A. BERTRAND and VISIONPRO
`INSTALLATIONS CORP.
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBH.2024009
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`18 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`gmeisels@gvlaw.com
`
`
`
`
`
`
`
`TO: KORSUNSKIY LEGAL GROUP, P.C.
`
`Attorneys for Plaintiff
`
`WILGAINSON TOUSSAINT
`2626 East 14th Street, Suite 201
`
`
`Brooklyn, New York 11235
`
`(718) 758-4755
`
`
`PEKNIC, PEKNIC & SCHAEFER, LLC
`Attorneys for Defendant
`SNAIDA ABDON
`1005 West Beech Street
`Long Beach, New York 11561
`(516) 432-9400
`File No.: PROG/056/24
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`19 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
` Index No.: 536021/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
`
`
` NOTICE FOR DISCOVERY
` AND INSPECTION
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, pursuant to CPLR 3120(a), you are hereby requested to
`
`produce at the offices of GALLO VITUCCI & KLAR LLP, 90 Broad Street, Suite 1202, New York,
`
`New York 10004, within thirty (30) days, the following for inspection by the defendants or their
`
`attorneys:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1. Photographs of the scene of the occurrence taken before or after the incident.
`
`2. Photographs of the plaintiff’s injuries.
`
`3. Photographs of the vehicle involved in the accident.
`
`4. Police Report prepared following the accident.
`
`5. Accident/incident report prepared following the accident.
`
`6. A duly executed authorization permitting the answering defendants and/or their attorneys
`
`to obtain the plaintiff's employment records for the years 2020 to present.
`
`
`
`
`
`7. A duly executed authorization permitting the answering defendants and/or their attorneys
`
`to obtain the plaintiff’s income tax records for the years 2020 – present.
`
`
`
`
`
`8. A copy of the ambulance call report and a duly executed authorization to secure all
`
`ambulance records.
`
`
`
`20 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE that mailing to the undersigned attorneys of the
`
`items requested for production at least seven (7) days prior to the aforementioned date will be deemed
`
`sufficient compliance.
`
`Dated: New York, New York
`
`March 25, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`Attorneys for Defendant
`NIGEL A. BERTRAND and VISIONPRO
`INSTALLATIONS CORP.
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBH.2024009
`gmeisels@gvlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO: KORSUNSKIY LEGAL GROUP, P.C.
`
`Attorneys for Plaintiff
`
`WILGAINSON TOUSSAINT
`2626 East 14th Street, Suite 201
`
`
`Brooklyn, New York 11235
`
`(718) 758-4755
`
`
`PEKNIC, PEKNIC & SCHAEFER, LLC
`Attorneys for Defendant
`SNAIDA ABDON
`1005 West Beech Street
`Long Beach, New York 11561
`(516) 432-9400
`File No.: PROG/056/24
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`21 of 43
`
`

`

`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
`
`INDEX NO. 536021/2023
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`
` Index No.: 536021/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`WILGAINSON TOUSSAINT,
`
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NIGEL A. BERTRAND, VISIONPRO
`INSTALLATIONS CORP. and SNAIDA ABDON,
`
`
`
`
`
`
`
`
`
`
`
`
`Defendant(s).
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
` DEMAND PURSUANT TO CPLR
` 4545 FOR COLLATERAL
` SOURCE PAYMENT
` INFORMATION
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Section 3101 and 4545, you are required to
`
`serve within thirty (30) days after receipt of this notice, the following information:
`
`
`
`
`
`1.
`
`The names, addresses and amounts received to date from all persons, firms, or
`
`organizations which have reimbursed plaintiff for the cost of medical care, custodial care,
`
`rehabilitation services, loss of earnings or other economic loss, and other costs including but not
`
`limited to:
`
`
`
`
`
`
`
`
`
`
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`(a)
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`Insurance;
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`(b)
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`Social Security Benefits;
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`(c) Worker's Compensation Benefits;
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`(d)
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`Disability Benefits;
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`(e)
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`Employee Benefits Program;
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`(f)
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`Any other source.
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`2.
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`Where reimbursement was or is pursuant to a policy of a type, state the name of the
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`policy holder, the policy number, and the name of the issuer of the policy; a list of claims submitted
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`pursuant to the policy, and the amount of money received pursuant to each claim.
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`FILED: KINGS COUNTY CLERK 03/28/2024 11:52 AM
`NYSCEF DOC. NO. 12
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`INDEX NO. 536021/2023
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`RECEIVED NYSCEF: 03/28/2024
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`3.
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`Duly executed and acknowledged written authorizations directed to all persons, firms
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`or organizations which have reimbursed plaintiff for costs of medical care, custodial care,
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`rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims
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`have been submitted to obtain copies of the policies under which said payments or claims were made,
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`copies of all checks and other indications of payment, and copies of any claims submitted for payment.
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`PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents and
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`policy produced in response to the demand herein shall be for the complete documents and policy
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`including but not limited to declaration sheets, riders, limitations, endorsements, amendments,
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`cancellations, face sheets and/or binders, etc.
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`PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such persons,
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`firms, or organizations have reim