FILED: KINGS COUNTY CLERK 04/01/2024 04:38 PM
`NYSCEF DOC. NO. 9
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-----------------------------------------------------------------------X
`TOUHID HODA,
`
` Plaintiff,
`
` -against-
`
`PARAGON MOTORS OF WOODSIDE, INC. and SONIA
`CRUZ,
`
` Defendants.
`-----------------------------------------------------------------------X
`
`
`
`
`Index No.:536183/2023
`
`VERIFIED AMENDED
`ANSWER WITH
`CROSS CLAIMS
`
`Defendant, Paragon Motors of Woodside, Inc. d/b/a Paragon Honda, by CARTAFALSA,
`
`
`
`
`
`TURPIN & LENOFF, its attorneys, answering the plaintiff's complaint herein, respectfully shows
`
`to the Court, upon information and belief, the following:
`
`AS AND FOR A FIRST CAUSE OF ACTION
`
`
`
`FIRST: Defendant denies any knowledge or information sufficient to form a belief as to
`
`any of the allegations contained in paragraphs of plaintiff’s complaint numbered and designated
`
`as 1, 2, 8, 9, 18, 19, 20, 21, 23 and 24.
`
`
`
`SECOND: Defendant denies any knowledge or information sufficient to form a belief as
`
`to each and every allegation contained in paragraphs of plaintiff’s complaint numbered and
`
`designated as 6, 7, 11, 12, 13, 14, 15, 22, 31 and respectfully refers all questions of law to this
`
`Honorable Court.
`
`
`
`THIRD: Defendant denies any knowledge or information sufficient to form a belief each
`
`and every allegation contained in paragraphs of plaintiff’s complaint numbered and designated as
`
`16 and respectfully refers all questions of law to this Honorable Court, except admits that at all
`
`times hereinafter mentioned, defendant, SONIA CRUZ, operated the motor vehicle bearing license
`
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`plate number KVV9044 with the permission and/or consent of defendant PARAGON MOTORS
`
`OF WOODSIDE, INC..
`
`
`
`FOURTH: Defendant denies upon information and belief, each and every allegation
`
`contained in paragraphs of plaintiff’s complaint numbered and designated as 17 and 27.
`
`
`
`FIFTH: Defendant denies upon information and belief, each and every allegation
`
`contained in paragraphs of plaintiff’s complaint numbered and designated as 25 and 26 as to
`
`defendant PARAGON MOTORS OF WOODSIDE, INC.
`
`SIXTH: Defendant admits each and every allegation contained in paragraphs of plaintiff’s
`
`complaint numbered and designated as 3, 4, 5 and 10.
`
`SEVENTH: Defendant denies each and every allegation contained in paragraphs of
`
`plaintiff’s complaint numbered and designated as 28, 29, 30 and 32 and respectfully refers all
`
`questions of law to this Honorable Court.
`
`
`
`
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
`
`EIGHTH: That if the plaintiff sustained injuries as alleged in the Complaint, said injuries
`
`would have been brought about and caused in whole or in part by the plaintiff's own negligent
`
`and/or culpable conduct.
`
`
`
`NINTH: That any damages to which plaintiff may become entitled should be diminished
`
`in the same proportion, as plaintiff's own negligent and/or culpable conduct bears to the total
`
`negligent and/or culpable conduct responsible for the injuries sustained.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
`
`
`
`TENTH: That this action is barred by the provisions of Insurance Law Section 5101 et
`
`seq., which constitute the "No-Fault" Law of the State of New York.
`
`
`
`
`
`2 of 35
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
`
`
`
`ELEVENTH: That at the time of the alleged accident, the plaintiff was engaged in
`
`activity which she knew to be hazardous of its very nature and the plaintiff assumed the risk
`
`inherent in said activity.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
`
`
`
`TWELVETH: The Complaint fails to state a cause of action and this defendant reserves
`
`the right to move to dismiss the same at or before trial.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
`
`
`
`THIRTEENTH: That the plaintiff was guilty of negligence and culpable conduct in
`
`plaintiff's failure to exercise ordinary care by using a helmet or other protective devices.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
`
`
`
`FOURTEENTH: If the answering defendant is found liable, such liability is less than or
`
`equal to 50% of the total liability of all persons who may be found liable and therefore these
`
`answering defendant's liability shall be limited to their equitable share, pursuant to CPLR Article
`
`16.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
`
`
`
`FIFTEENTH: Upon information and belief, any past or future costs or expenses incurred
`
`or to be incurred by the plaintiff for medical care, dental care, custodial care of rehabilitative
`
`services, loss of earnings or other economic loss, has been or will with reasonable certainty be
`
`replaced or indemnified in whole or in part from a collateral source as defined in Section 4545(c)
`
`of the New York Civil Practice Law and Rules.
`
`
`
`
`
`3 of 35
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE:
`
`
`
`SIXTEENTH: The plaintiff's action is barred by the operation of the Workers'
`
`Compensation Law of New York State.
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
`
`
`
` SEVENTEENTH: Plaintiff has failed to mitigate damages and thus should be barred
`
`from recovery.
`
`
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE:
`
`EIGHTEENTH: Pursuant to 49 USCS §30106, also known as The Graves Amendment,
`
`the answering defendant cannot be held liable under the law of any State or political subdivision
`
`thereof, by reason of being an owner of the vehicle (or an affiliate of the owner), for harm to
`
`persons or property that results or arises out of the use, operation, or possession of the vehicle used
`
`during the rental or lease period as the answering defendant is engaged in the trade or business of
`
`renting or leasing motor vehicles and therefore all claims and cross claims against the answering
`
`defendant must be dismissed.
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE:
`
`NINETEENTH: That plaintiff is subject to those codes, provisions, rules, regulations, of
`
`the City of New York including inter alia New York City Traffic Rules and Regulations, Title 34,
`
`Chapter 4, §4-01(b), §4-02(a), §4-12(o), §4-12(p); New York City Administrative Code provisions
`
`inter alia §10-157, §19-195.1; New York State Vehicle and Traffic Law §1231, and that Plaintiff
`
`violated such provisions as set forth herein.
`
`AS AND FOR A CROSS CLAIM AGAINST CO-DEFENDANT, SONIA
`CRUZ, THE ANSWERING DEFENDANT, PARAGON MOTORS OF
`WOODSIDE, INC. D/B/A PARAGON HONDA, ALLEGES UPON
`INFORMATION AND BELIEF:
`
`TWENTIETH: That if plaintiff was caused damages as alleged in the complaint through
`
`
`
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`any acts other than the plaintiff own negligence, carelessness and recklessness, said damages
`sustained due to the breach of lease/contract/warranty by the above-named co-defendant, their
`agents, servants and/or employees.
`
`If plaintiff should recover judgment against the defendant, then the above-named co-
`defendant shall be liable to the answering defendant because of this breach and for the alleged
`occurrence and the answering defendant is hereby entitled to indemnification from and judgment
`over and against the above-named co-defendant for all or part of any verdict or judgment which
`plaintiff may recover in such amounts as a Jury or Court may direct.
`
`That by reason of this action, said answering defendant has been and will be put to costs
`and expenses, including attorneys' fees.
`
`The answering defendant demands judgment dismissing the complaint herein as to the
`answering defendant and further demands judgment over and against the above-named co-
`defendant for the amount of any judgment which may be obtained herein by the plaintiff against
`the answering defendant or in such amount as the Court or Jury may direct together with the costs
`and disbursements of the action.
`
`
`AS AND FOR A CROSS CLAIM AGAINST CO-DEFENDANT, SONIA
`CRUZ, THE ANSWERING DEFENDANT, PARAGON MOTORS OF
`WOODSIDE, INC. D/B/A PARAGON HONDA, ALLEGES UPON
`INFORMATION AND BELIEF:
`
`
`
`TWENTY-FIRST: That if the plaintiff was caused to sustain damages at the time and place
`
`set forth in the plaintiff complaint through any carelessness, recklessness and/or negligence other
`than the plaintiff own, such damages were sustained solely and directly by reason of the
`carelessness, recklessness and negligence and/or negligent acts of omission or commission by the
`co-defendant named above, their agents, servants and/or employees.
`a
`into
`entered
`
`That
`the
`co-defendant
`and
`answering defendant herein
`contract/agreement/lease wherein the co-defendant agreed to hold harmless and indemnify and
`
`5 of 35
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`assume the defense of the answering defendant.
`
`That by reason of the foregoing, the co-defendant will be liable to indemnify and indemnify
`the answer defendant in whole for the amount of any recovery obtained herein by the plaintiff
`against the answering defendant as the Court or Jury may direct as well as any costs and
`disbursements.
`
`That by reason of this section, said answering defendant(s) has/have been and will be put
`to costs and expenses including attorneys' fees.
`
`
`AS AND FOR A CROSS CLAIM AGAINST CO-DEFENDANT, SONIA
`CRUZ, THE ANSWERING DEFENDANT, PARAGON MOTORS OF
`WOODSIDE, INC. D/B/A PARAGON HONDA, ALLEGES UPON
`INFORMATION AND BELIEF:
`
`TWENTY-SECOND: That if the plaintiff entitled to recover from the answering
`
`
`
`defendant, then the co-defendant will be obliged to indemnify the answering defendant pursuant
`
`to the terms of an agreement which provides that this defendant shall be an additional insured on
`
`the policy of liability insurance obtained by the co-defendant that in the event the co-defendant
`
`failed to procure such insurance coverage for this answering defendant; then pursuant to Kinney
`
`v. Lisk said co-defendant shall be liable for and will indemnify and hold harmless this defendant
`
`in where for any and all amounts awarded to said plaintiff as well as all costs and disbursements
`
`associated with this litigation.
`
`
`
`Further, if plaintiff or any other party should recover judgment against the answering
`
`defendant, then the co-defendant shall be liable to the answering defendant on the basis of
`
`apportionment of responsibility for the alleged occurrence and the answering defendant are entitled
`
`to contribution from and judgment over and against the answering co-defendant for all or part of
`
`any verdict or judgment which any party may recover in such amounts as a Jury or Court may
`
`direct.
`
`6 of 35
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`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`This answering defendant demands judgment dismissing the complaint herein as to the
`
`answering defendant and further demands judgment over and against the co-defendant named
`
`above for the amount of any judgment which may be obtained herein by the plaintiff against the
`
`answering defendant or in such amount as the Court or Jury may direct together with the costs and
`
`disbursements of the action.
`
`AS AND FOR A CROSS CLAIM AGAINST CO-DEFENDANT,
`SONIA CRUZ, THE ANSWERING DEFENDANT, PARAGON
`MOTORS OF WOODSIDE, INC. D/B/A PARAGON HONDA,
`ALLEGES UPON INFORMATION AND BELIEF:
`TWENTY-THIRD: That if the plaintiff was caused to sustain personal injuries and
`
`resulting damages at the time and place set forth in plaintiff's Complaint and in the manner alleged
`therein through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty
`and/or warranty and/or contract and/or strict tort liability other than of the plaintiff's, then the said
`injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions,
`negligence and/or breaches of duty and/or obligations, and/or Statute and/or warranty and/or
`contract in fact or implied in law, upon the part of the co-defendant of the pleading defendant, with
`indemnification and save harmless agreement and/or responsibility by them in fact and/or implied
`in law, and without any breaches or any negligence of the pleading defendant contributing thereto,
`and if the pleading defendant is found negligent as to the plaintiff for injuries and damages as set
`forth in the plaintiff's Complaint, then and in that event, the relative responsibilities of all said
`defendant(s) in fairness must be apportioned by a separate determination, in view of the existing
`factual disparity, and the said co-defendant(s) herein will be liable over jointly and severally to the
`pleading defendant(s) and bound to fully indemnify and hold the pleading defendant(s) harmless
`for the full amount of any verdict or judgment that the plaintiff(s) herein may recover against the
`pleading defendant(s) in this action, including all costs of investigation, disbursements, expenses
`and attorneys' fees incurred in the defense of this action and in the conduct of this cross complaint.
`
`PLEASE TAKE NOTICE that demand is hereby made, pursuant to CPLR § 3011, that
`
`7 of 35
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
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`the defendant serve an Answer to any and all cross-claims within twenty (20) days or judgment
`will be taken against said defendant by default for the relief demanded herein.
`
` WHEREFORE, Defendant, Paragon Motors of Woodside, Inc. d/b/a Paragon Honda
`
`demands judgment dismissing the plaintiff's Complaint herein, together with the costs and
`
`disbursements of this action.
`
`Dated: New York, New York
`
`April 1, 2024
` Yours etc.
`
`
`
` CARTAFALSA, TURPIN & LENOFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`GJONI LAW
`Plaintiff Attorney
`401 Broadway, Suite 1111
`New York, NY 10013
`212-625-8333
`
`Frank J. Pecorelli, Jr. Esq.
`AHMUTY, DEMERS & McMANUS, ESQS.
`Attorneys for SONIA CRUZ
`200 I.U. Willets Road
`Albertson, New York 11507
`(516) 294-5433
`
`
`
`
`
`
`
`
`
` By: ____________________________
`
`MARJORIE M. McATEER
`Attorneys for Defendant
`Paragon Motors of Woodside, Inc.
`d/b/a Paragon Honda
`4 World Trade Center
`150 Greenwich Street, 52nd Floor
`New York, New York 10007
`(212) 225-7700
`File No.: 503567
`
`
`
`
`
`
`
`
`
`
`
`
`8 of 35
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`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`VERIFICATION
`
`
`MARJORIE M. McATEER, an attorney duly licensed to practice law in the
`
`Courts of the State of New York, affirms the following under penalty of perjury:
`
`
`
`That she is an associate of the firm of CARTAFALSA, TURPIN & LENOFF
`
`Attorneys for defendant, Paragon Motors of Woodside, Inc. d/b/a Paragon Honda in this action;
`
`that she has read the foregoing Answer and knows the contents thereof, and that the same is true
`
`to the knowledge of affirmant except as to the matters therein stated to be alleged upon
`
`information and belief, and that as to those matters she believes it to be true:
`
`That the reason why this verification is made by affirmant and not by defendant is
`
`that the defendant is a domestic corporation, and none of its officers is now within the County of
`New York where affirmant has her office.
`
`That the sources of affirmant's information and the grounds of her belief as to all
`the matters in said Answer alleged upon information and belief are reports from and
`communications had with the defendant.
`I, MARJORIE M. McATEER, affirm this 1ST day of April, 2024, under the
`
`penalties of perjury under the laws of New York, which may include a fine or imprisonment, that
`the foregoing is true, and I understand that this document may be filed in an action or proceeding
`in a court of law.
`
`DATED:
`
`
`
`
`New York, New York
`April 1, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`MARJORIE M. McATEER
`
`
`
`
`
`9 of 35
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`
`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`
`Index No.:536183/23
`
`DEMAND FOR A
`VERIFIED BILL OF
`PARTICULARS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-----------------------------------------------------------------------X
`TOUHID HODA,
`
` Plaintiff,
`
` -against-
`
`PARAGON MOTORS OF WOODSIDE, INC. and SONIA
`CRUZ,
`
` Defendants.
`-----------------------------------------------------------------------X
`
`
`CO U N S E L O R S :
`
`
`
`PLEASE TAKE NOTICE that plaintiff is hereby required to serve upon this pleading
`
`defendant within twenty (20) days a verified bill of particulars, setting forth:
`
`
`
`
`
`
`
` 1.
`
` 2.
`
`3.
`
`The date and time of day of the occurrence.
`
`The exact location of the alleged accident.
`
`
`
`State direction plaintiff's vehicle heading just before accident; state the direction
`
`defendant's vehicle heading just before accident.
`
`
`
`
`
`
`
`
`
`4.
`
`5.
`
`6.
`
`7.
`
`General statement of the acts or omissions constituting the negligence claimed.
`
`Statement of the injuries and description of those claimed to be permanent.
`
` Length of time confined (a) to bed, (b) to house (c) to hospital.
`
`Length of time incapacitated from employment and nature of employment; whether
`
`plaintiff claims a loss of earnings, the total amount of lost earnings claimed and the method
`
`calculated, per week, per month; name and address of employer.
`
`
`
`8.
`
`Total amounts claimed as special damages for:
`
`(a) physicians' services and medical supplies.
`
`(b) Radiology expenses.
`
`10 of 35
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`(c) hospital expenses; names of hospitals.
`
`(d) nurses' services.
`
`(e) other items of special damages.
`
`Address of plaintiff.
`
`All names by which plaintiff has been known.
`
`If any claim is made for damage to property, give an itemized statement thereof; if
`
`
`
`
`
`
`
`9.
`
`10.
`
`11.
`
`damage is claimed to an automobile, state the make, year and model, date of purchase and
`
`whether purchased new or used; if loss of use is claimed, state the length of time and the amount
`
`claimed on account thereof.
`
`
`
`12. What statutes, ordinances, rules and regulations does plaintiff claim the answering
`
`defendant violated, setting forth same with sufficient particularity as to be identified.
`
`
`
`
`
`
`
`13.
`
`14.
`
`15.
`
`State plaintiff's date of birth.
`
`State plaintiff's Social Security number.
`
`State, in what respect plaintiff has sustained a serious injury, as defined in
`
`subdivision (d) of section 5102 of the insurance law, or economic loss greater than basic economic
`
`loss, as defined in subdivision (a) of 5102 of the insurance law.
`
`
`
`16.
`
`If aggravation of a pre-existing medical condition of plaintiff is claimed, state any
`
`and all such conditions and the portion of plaintiff's damages claimed for aggravation of such
`
`condition.
`
`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a
`
`bill of particulars within the said period, a motion will be made for an order precluding the plaintiff
`
`from giving any evidence at the trial of the above items of which particulars have not been
`
`delivered in accordance with the demand.
`
`
`
`11 of 35
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`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`Dated: New York, New York
`April 1, 2024
`
`
`
`
`
`
`
`
`
`
`
` Yours etc.
`
` CARTAFALSA, TURPIN & LENOFF
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`GJONI LAW
`Plaintiff Attorney
`401 Broadway, Suite 1111
`New York, NY 10013
`212-625-8333
`
`Frank J. Pecorelli, Jr. Esq.
`AHMUTY, DEMERS & McMANUS, ESQS.
`Attorneys for SONIA CRUZ
`200 I.U. Willets Road
`Albertson, New York 11507
`(516) 294-5433
`
`
`
`
`
`
`
` By: ____________________________
`
`MARJORIE M. McATEER
`Attorneys for Defendant
`Paragon Motors of Woodside, Inc.
`d/b/a Paragon Honda
`4 World Trade Center
`150 Greenwich Street, 52nd Floor
`New York, New York 10007
`(212) 225-7700
`File No.: 503567
`
`
`
`
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`INDEX NO. 536183/2023
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`RECEIVED NYSCEF: 04/01/2024
`
`
`
`
`
`
`Index No.:536183/23
`
`
`COMBINED
`DEMANDS WITH
`NOTICE TO TAKE
`DEPOSITION:
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`-----------------------------------------------------------------------X
`TOUHID HODA,
`
` Plaintiff,
`
` -against-
`
`PARAGON MOTORS OF WOODSIDE, INC. and SONIA
`CRUZ,
`
` Defendants.
`-----------------------------------------------------------------------X
`
` C
`
` O U N S E L O R S:
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the C.P.L.R. you are hereby
`
`required to produce and permit discovery by the below named defendant(s) of the items listed
`below.
`PLEASE TAKE FURTHER NOTICE, that you are hereby required to produce and
`
`permit discovery of the items listed below by serving same upon the attorneys for the defendant(s)
`herein, at their offices located at 4 World Trade Center – 52nd Floor, New York, New York 10007
`on or before the 27th day of April, 2024.
`DEMAND FOR MEDICAL INFORMATION AND REPORTS:
`PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3121, the plaintiff is required to
`
`serve within twenty (20) days after receipt of this notice upon the undersigned and upon all other
`parties to this action, the following:
`
`1.
`The names and addresses of all physicians or other health care providers of every
`description who have consulted, examined or treated the plaintiff's or plaintiff's decedent for each
`of the conditions allegedly caused by, or exacerbated by, the occurrence described in the complaint
`including the date of such treatment or examination.
`
`2.
`Duly executed and acknowledged, HIPPA compliant, written authorizations
`directed to any hospital, clinic or other health care facility in which the injured plaintiff's or
`plaintiff's decedent herein is or was treated or confined due to the occurrence set forth in the
`complaint so as to permit the securing of a copy of the entire hospital record or records including
`
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`FILED: KINGS COUNTY CLERK 04/01/2024 04:38 PM
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`
`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`x-rays and technicians' reports. Said authorizations should include the language that the
`authorization does not expire until the “end of this litigation”.
`
`3.
`Duly executed and acknowledged, HIPAA compliant, written authorizations to
`allow the defendant, to obtain the completed official medical records relating to plaintiff or
`plaintiff's decedent of each health care provider identified in (1) above. Said authorizations should
`include the language that the authorization does not expire until the “end of this litigation”.
`
`4.
`Copies of all medical reports received from health care providers identified in (1)
`above. These shall include a detailed recital of the injuries and conditions as to which testimony
`will be offered at the trial, referring to and identifying those x-rays and technicians' reports which
`will be offered at the trial.
`
`5.
`Duly executed and acknowledged written authorizations to allow defendant to
`obtain complete pharmacy or drug store records with respect to any drugs prescribed for plaintiff's
`or plaintiff's decedent from one (1) year prior to the occurrence described in the complaint to the
`present date.
`
`6. Duly executed and acknowledged written authorizations (containing full names &
`addresses of all doctors/hospitals) and fully compliant with HIPAA regulations permitting the
`attorneys for this defendant to obtain and make copies of any and all records from any video
`conference/telemedicine appointment/contacts for any treating physicians during the COVID-19
`lockdown or since the outbreak of the corona virus.
`
`7.
`Any records, including but not limited to electronic records, in the plaintiff’s
`possession from any video conference/telemedicine appointments/contacts for any treating
`physician during the COVID-19 lockdown or since the outbreak of the corona virus.
`PLEASE TAKE FURTHER NOTICE, that all authorizations should allow for this office
`
`to obtain the “entire medical records, including patient histories, in-take forms, office notes, test
`results, radiology studies, films, referrals, consults, billing records, insurance records and records
`from other health care providers”.
`
`Upon your failure to comply herewith, the plaintiff herein will be precluded at the trial of
`this action from offering any evidence of the conditions described in the reports or records
`demanded or offering in evidence any part of the hospital records, medical records, x-ray reports
`or reports of other technicians not made available pursuant to this Rule, nor will the Court hear the
`
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`FILED: KINGS COUNTY CLERK 04/01/2024 04:38 PM
`NYSCEF DOC. NO. 9
`
`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`testimony of any physicians whose medical reports have not been served pursuant to the aforesaid
`demand.
`
`
`DEMAND FOR PRODUCTION AS TO PRIOR & SUBSEQUENT
`RELATED INJURIES AND CONDITIONS:
`
`
`
`B.
`
`C.
`
`D.
`
`E.
`
`PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3121, the plaintiff is required to
`serve within twenty (20) days after receipt of this notice upon the undersigned and upon all other
`parties to this action, the following:
` (1)
`If plaintiff has suffered from any preexisting condition or prior injury to any
`portions of his/her body allegedly injured in this action, then with respect to any such preexisting
`condition or prior injury, state the portion of the body involved and provide the following:
`A.
`PRODUCE HIPAA-compliant authorizations to enable the undersigned to
`obtain the records of each hospital, institution, or clinic where plaintiff was
`confined or treated as a result of the preexisting or prior injury described above.
`PRODUCE HIPAA-compliant authorizations to enable the undersigned to
`obtain the complete office records, x-rays, CAT scans, MRI films, etc., of any
`and all doctors or therapists who treated, examined, or saw plaintiff herein for
`the preexisting or prior injury described above.
`PRODUCE HIPAA-compliant authorizations to enable the undersigned to
`obtain a complete copy of the no-fault file, workers’ compensation file, or other
`applicable insurance file for any claims made as a result of the preexisting or
`prior injury described above.
`PRODUCE copies of any police, accident, or occurrence reports regarding any
`incident that caused, gave rise to, precipitated, or otherwise led to the
`development of any and all preexisting or prior injuries as described above.
`STATE the captions, venues, and index numbers of any action brought as a
`result of sustaining the preexisting or prior injuries described above, and
`PRODUCE the following litigation documents:
`The summons and complaint and any amended or supplemental
`i.
`summons and complaint exchanged in the prior litigation.
`
`The bill of particulars and any amended or supplemental bill of
`particulars exchanged in the prior litigation.
`
`ii.
`
`
`
`
`
`
`
`(2)
`
`iii.
`
`iv.
`
`Copies of all medical reports exchanged in the prior litigation.
`
`Copies of all depositions or other recorded testimony of plaintiff
`herein from the prior litigation; and,
`
`Copies of any general releases or judgments in the litigation.
`v.
`If plaintiff has sustained any subsequent injuries to any portion of his/her body
`
`15 of 35
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`FILED: KINGS COUNTY CLERK 04/01/2024 04:38 PM
`NYSCEF DOC. NO. 9
`
`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`being claimed as injured in this action, state the portion of the body involved and provide the
`following:
`
`A.
`
`PRODUCE HIPAA-compliant authorizations to enable the undersigned to
`obtain the records of each hospital, institution, or clinic where plaintiff was
`confined or treated as a result of the subsequent injuries described above.
`PRODUCE HIPAA-compliant authorizations to enable the undersigned to
`obtain the complete office records, x-rays, CAT scans, MRI films, etc., of any
`and all doctors or therapists who treated, examined, or saw plaintiff herein for
`the subsequent injuries described above.
`PRODUCE HIPAA-compliant authorizations to enable the undersigned to
`obtain a complete copy of the no-fault file, workers’ compensation file, or other
`applicable insurance file for any claims made as a result of the subsequent
`injuries described above.
`PRODUCE copies of any police, accident, or occurrence reports regarding any
`incident that caused, gave rise to, precipitated, or otherwise led to the
`development of any and all subsequent injuries described above.
`STATE the captions, venues, and index numbers of any action brought as a
`result of sustaining the subsequent injuries described above, and PRODUCE
`the following litigation documents:
`The summons and complaint and any amended or supplemental
`i.
`summons and complaint exchanged.
`The bill of particulars and any amended or supplemental bill of
`particulars exchanged.
`Copies of all medical reports exchanged.
`Copies of all depositions or other recorded testimony of plaintiff
`herein; and,
`Copies of any general releases or judgments.
`v.
`HIPAA-compliant authorizations to enable the undersigned to obtain the complete
`(3)
`office records, x-rays, MRIs, CT scans, and diagnostic films of any all doctors who treated,
`examined, or saw the plaintiff herein for the condition, injury, or infirmity for which damages are
`sought in this action, whether or not the physician will testify at the time of trial.
`
`PLEASE TAKE FURTHER NOTICE, that the within demand is a continuing demand.
`
`B.
`
`C.
`
`D.
`
`E.
`
`ii.
`
`iii.
`iv.
`
`In the event any of the above items are obtained after service of this demand, they are to be
`
`furnished to this office.
`
`PLEASE TAKE FURTHER NOTICE, that in lieu of producing the items demanded
`
`herein, plaintiff may submit a true and conformed copy of the items demanded herein at any time
`
`prior to the aforesaid date.
`
`
`
`
`
`16 of 35
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`FILED: KINGS COUNTY CLERK 04/01/2024 04:38 PM
`NYSCEF DOC. NO. 9
`
`INDEX NO. 536183/2023
`
`RECEIVED NYSCEF: 04/01/2024
`
`PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid
`
`items at the time and place required in this notice, a motion will be made for the appropriate relief
`
`to this Court.
`
`NOTICE FOR DISCOVERY AND INSPECTION OF WITNESSES:
`PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Article 31 and the cases of
`
`
`
`ZELLMAN v. METROPOLITAN TRANSPORTATION AUTHORITY, 40 A.D. 2d 248 and
`
`ZAYAS v. MORALES, 45 A.D. 2d 610, you are hereby required to produce and permit discovery
`
`by the defendant(s) herein of the names and addresses of all eyewitnesses to the occurrence and
`
`all notice witnesses and the names and addresses of all those witnesses who may be called to testify
`
`at a trial of this matter to the event itself or towards the question of notice, such accident having
`
`allegedly occurred on the 29th day of August, 2022.
`
`NOTICE FOR DISCOVERY AND INSPECTION OF EXPERT WITNESSES:
`PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Sec. 3101, the defendant, by
`
`
`
` Paragon Motors of Woodside, Inc. d/b/a Paragon Honda attorneys, CARTAFALSA, TURPIN &
`
`LENOFF, demands that all parties and their attorneys, produce and permit discovery by the
`
`defendant, its attorneys or another acting on its behalf, the following documents and things for
`
`inspection, copying, photographing and testing:
`
`
`
`1.
`
`Set forth the names and addresses of each person you intend to call as an expert
`
`witness at the time of trial of this action, and
`
`
`
`2.
`
`Describe in reasonable detail th