FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------X
`FOSTER SEKYERE and DEBORAH EMMANUEL,
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`Plaintiffs,
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`- against -
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`GFO TRANSPORT CORP, FREDY OCHOA,
`JOSE XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA,
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`Index No: 536715/2023
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`
`VERIFIED ANSWER
`
`
`
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`
`
`
`
`Defendants.
`----------------------------------------------------------------------X
`
`The defendants, GFP TRANSPORT CORP. S/H/AGFO TRANSPORT CORP FREDY
`OCHOA, JOSE XAVIER VILLACRES CEDENO and JONATHAN TEJADA by their attorneys,
`MORRIS DUFFY ALONSO FALEY & PITCOFF, upon information and belief, answers the
`plaintiffs’ Complaint herein as follows:
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`ANSWERING THE FIRST CAUSE OF ACTION
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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,” “2,”
`and “24.”
`
`2.
`Admits each and every allegation contained in the paragraphs or subdivisions of
`the Complaint designated: “3,” “4,” “5,” “13,” “14,” “17,” “19,” and “21.”
`
`3.
`Denies each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “6,” “7,” “8,” “9,” “10,” “11,” “12,” “15,” “16,” “18,” “20,” “22,” “25,”
`“26,” “27,” “28,” and “29.”
`
`4.
`Denies each and every allegation contained in the paragraphs or subdivisions of the
`Complaint designated: “23,” and respectfully refers all questions of law to this honorable court.
`
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`
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`ANSWERING THE SECOND CAUSE OF ACTION
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`5.
`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: “30” and
`“31.”
`
`
`As to the paragraph of the Complaint designated “32”, answering defendant repeats,
`6.
`reiterates and realleges each and every denial heretofore made with respect to paragraphs “1”
`through “31” inclusive, with the same force and effect as if fully set forth at length herein.
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`1 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
`
`7.
`Denies each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “33,” “34,” “35,” and “36.”
`
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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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`8.
`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.
`
`
`
`9.
`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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`
`
`10.
`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).
`
`
`
`11.
`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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`
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`12.
`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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`
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`13.
`and provisions of Article 51 of the Insurance Law of the State of New York.
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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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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
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`2 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`
`
`14.
`of process.
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`The Court lacks jurisdiction over the answering defendants due to improper service
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`AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
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`15.
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`The plaintiff failed to mitigate his damages.
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`16.
`the CPLR.
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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 TENTH AFFIRMATIVE DEFENSE
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`17.
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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 ELEVENTH AFFIRMATIVE DEFENSE
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`18.
`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 TWELFTH AFFIRMATIVE DEFENSE
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`
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`19.
`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 THIRTEENTH AFFIRMATIVE DEFENSE
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`The defendants are not liable to the plaintiff as the plaintiff’s actions were the sole
`20.
`proximate cause of the alleged occurrence.
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`21.
`and provisions of Article 51 of the Insurance Law of the State of New York.
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
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`
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`Some or all of the plaintiff’s claims are barred, in whole or in part, by the limits of
`22.
`liability, endorsements and other terms, conditions, limitations and exclusions in the alleged
`policies.
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`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
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`3 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`23.
`Upon information and belief, any damages sustained by plaintiff was caused, in
`whole or in part, by the culpable conduct of plaintiff and/or were aggravated by the culpable
`conduct of plaintiff.
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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
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`
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`Plaintiff’s claims are barred in whole or in part by the doctrines of waiver,
`24.
`estoppels, laches and/or unclean hands.
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`WHEREFORE, answering defendant demands judgment dismissing the Complaint as to
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`the defendant, together with the costs, interest and disbursements of this action.
`
`Dated: New York, New York
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`April 2, 2024
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`
` Yours etc.,
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Vincent Finnegan
`
`By: _____________________________
`
`Vincent Finnegan
`Attorneys for Defendant
`GFP TRANSPORT CORP. S/H/AGFO
`TRANSPORT CORP, FREDY OCHOA, JOSE
`XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77146
`
`
`TO: KAPLAN & KAPLAN, ESQ.
`Attorneys for Plaintiff
`44 Court St- Suite 812
`Brooklyn, New York 11201
`718.596.8800
`
`
`
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`4 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 536715/2023
`
`RECEIVED NYSCEF: 04/17/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------X
`FOSTER SEKYERE and DEBORAH EMMANUEL,
`
`
`
`
`
`
`
`
`Plaintiffs,
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`
`
`
`
`
`
`- against -
`
`
`
`
`
`
`
`GFO TRANSPORT CORP, FREDY OCHOA,
`JOSE XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA,
`
`
`
`
`
`
`
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`Index No: 536715/2023
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`
`DEMAND FOR A
`VERIFIED BILL OF
`PARTICULARS
`
`
`
`
`
`
`Defendants.
`----------------------------------------------------------------------X
`COUNSELLORS:
`
`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.
`
`In the event of your failure to comply with this Demand for a Verified Bill of Particulars
`
`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):
`
`
`1.
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`The date and time of the occurrence alleged in the Complaint.
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`
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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.
`
`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.
`
`6.
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`The length of time plaintiff(s) was/were confined to each of the following:
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`(a) Bed;
`(b) House; and
`(c) Hospital.
`
`State the following:
`
`7.
`
`
`(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.
`
`8.
`I. State separately the total amounts or economic loss claimed by plaintiff(s) as
`special damages for each of the following:
`
`
`(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
`
`
`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;
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`6 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
`
`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.
`
`If the Complaint alleges a cause of action for property damage, state:
`
`(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:
`
`(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.
`
`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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`7 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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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:
`
`
`(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.
`
`
`
`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: New York, New York
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`April 2, 2024
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` Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Vincent Finnegan
`
`By: _____________________________
`
`Vincent Finnegan
`Attorneys for Defendant
`GFP TRANSPORT CORP. S/H/AGFO
`TRANSPORT CORP, FREDY OCHOA, JOSE
`XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77146
`
`
`TO: KAPLAN & KAPLAN, ESQ.
`Attorneys for Plaintiff
`44 Court St- Suite 812
`Brooklyn, New York 11201
`718.596.8800
`
`8 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
`
`ATTORNEY VERIFICATION
`
`Vincent Finnegan an attorney admitted to practice in the courts of New York State.
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`That I am an associate of the firm of MORRIS DUFFY ALONSO FALEY & PITCOFF,
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`
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`the attorneys of record for defendant. I have read the foregoing ANSWER and know the contents
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`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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`
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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.
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`Dated: New York, New York
`
`April 2, 2024
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`Vincent Finnegan
`_____________________________
`Vincent Finnegan
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`9 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
`
`RECEIVED NYSCEF: 04/17/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------X
`FOSTER SEKYERE and DEBORAH EMMANUEL,
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`- against -
`
`
`
`
`
`
`
`GFO TRANSPORT CORP, FREDY OCHOA,
`JOSE XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No: 536715/2023
`
`
`NOTICE TO TAKE
`DEPOSITION
`
`
`
`
`
`
`
`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
`
`April 2, 2024
`
`
` Yours etc.,
`
`
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`
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Vincent Finnegan
`
`By: _____________________________
`
`Vincent Finnegan
`Attorneys for Defendant
`GFP TRANSPORT CORP. S/H/AGFO
`TRANSPORT CORP, FREDY OCHOA, JOSE
`
`10 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 536715/2023
`
`RECEIVED NYSCEF: 04/17/2024
`
`XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77146
`
`
`TO: KAPLAN & KAPLAN, ESQ.
`Attorneys for Plaintiff
`44 Court St- Suite 812
`Brooklyn, New York 11201
`718.596.8800
`
`
`
`
`
`11 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 536715/2023
`
`RECEIVED NYSCEF: 04/17/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------X
`FOSTER SEKYERE and DEBORAH EMMANUEL,
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`- against -
`
`
`
`
`
`
`
`GFO TRANSPORT CORP, FREDY OCHOA,
`JOSE XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No: 536715/2023
`
`
`NOTICE REGARDING
`DEPOSITION
`
`
`
`
`
`
`
`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.
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`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
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`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.
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`Dated: New York, New York
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`April 2, 2024
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` Yours etc.,
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
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`Vincent Finnegan
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`By: _____________________________
`
`Vincent Finnegan
`Attorneys for Defendant
`GFP TRANSPORT CORP. S/H/AGFO
`TRANSPORT CORP, FREDY OCHOA, JOSE
`XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA
`101 Greenwich Street, 22nd Floor
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (PRG) 77146
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`TO: KAPLAN & KAPLAN, ESQ.
`Attorneys for Plaintiff
`44 Court St- Suite 812
`Brooklyn, New York 11201
`718.596.8800
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`------------------------------------------------------------------------X
`FOSTER SEKYERE and DEBORAH EMMANUEL,
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`Plaintiffs,
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`- against -
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`GFO TRANSPORT CORP, FREDY OCHOA,
`JOSE XAVIER VILLACRES CEDENO and
`JONATHAN TEJADA,
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`Index No: 536715/2023
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`COMBINED DEMANDS
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`Defendants.
`----------------------------------------------------------------------X
`COUNSELLORS:
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`PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are
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`hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS
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`DUFFY ALONSO FALEY & PITCOFF, 22nd Floor, 101Greenwich Street, New York, New York
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`10006, within twenty (20) days after receipt of these Demands, the following documents heretofore
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`exchanged between any of the parties to this litigation:
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`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
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`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:
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`(a)
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`(b)
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`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.
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`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.
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`(c)
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`(d)
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`(e)
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`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
`plaintiff was examined or received treatment or tests for the same or similar injuries
`and complaints as those at issue in this lawsuit.
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`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.
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`Authorizations fully compliant with HIPAA regulations to obtain reports and
`records of the aforesaid physicians, institutions, medical personnel, hospitals and/or
`nursing services.
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`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION(S)
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`Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
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`rules governing the exchange of medical information, and permit us to discovery, inspect and copy
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`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
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`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
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`Demand is hereby made that you produce true and complete copies of any Notice of Claim
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`filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
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`Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in
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`relation to the alleged accident within thirty (30) days from the date of this demand.
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`DEMAND FOR STATEMENTS
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`Demand is hereby made for the following relative to the party or parties represented by the
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`undersigned (herein “the party”):
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`1.
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`2.
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`3.
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`4.
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`Copies of any and all written statements taken of or from the party, an agent, servant
`or employee.
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`A statement indicating the substance of any oral statements concerning any issue
`in this case, including claimed admissions against interest, taken of or from the
`party, an agent, servant or employee indicating the date the oral statement was
`made, the name and description of the person who made the oral statement and the
`name and address of the person who heard the oral statement.
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`Copies of any and all recorded statements taken of or from the party, an agent,
`servant or employee.
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`Copies of any and all transcriptions of recorded statements taken of or from the
`party, an agent, servant or employee.
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`DEMAND FOR LEGAL REPRESENTATION
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`Demand is hereby made that each party serve upon the undersigned attorneys a list of the
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`names of all the parties that have appeared in this action, together with the names and addresses of
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`their respective attorneys, pursuant to Section 2103(e) of the CPLR.
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`DEMAND FOR COLLATERAL SOURCES
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`You are hereby required to furnish to the undersigned within thirty (30) days hereof,
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`pursuant to CPLR Sections 3101 and 4545, canceled checks, receipts, contracts or other
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`agreements whereby plaintiff has received or in the future are reasonably likely to receive
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`payments for special damages incurred or to be incurred, as alleged in the Complaint.
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`This information is to include but not be limited to:
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`a)
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`b)
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`c)
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`All payments or indemnity received from collateral sources for past
`special damages or economic losses.
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`All reasonably certain payments or indemnity to be received from
`collateral sources for future special damages or economic losses.
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`The identity of each insurer (except life insurer) which has or is
`reasonably certain to provide payments or indemnity by:
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`1.
`2.
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`names of insurer;
`address of insurer;
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`16 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`d)
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`name of insured;
`policy or other identifying number;
`the amount paid or reasonably certain to be paid.
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`3.
`4.
`5.
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`If such collateral source payments have been furnished or are
`reasonably certain to be furnished by any employer, set forth the
`complete name and address of such employer;
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`1.
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`if benefits derive through a contract with employer, identify
`the contracting parties and date of contract.
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`e)
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`f)
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`If such collateral source payments or benefits have been furnished
`or are reasonably certain to be furnished by Social Security (except
`benefits under Title XVIII of the Social Security Act), identify the
`social security number and the holder of the social security number
`under which the benefits have been paid or are reasonably certain to
`be paid.
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`If available through workers' compensation, identify the insurer,
`employer and policy number; if available through an employee’s
`benefit program, identify the employer;
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`1.
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`set forth the amount paid or reasonably certain to be
`paid.
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`g)
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`If available through any other source, including any labor union,
`fully identify the source by complete name and address;
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`1.
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`set forth the amount paid or reasonably certain to be
`paid.
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`h)
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`If available through any other contract or enforcement agreement,
`identify, by name and address, all contracting parties and the date
`and location of the contract;
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`1.
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`set forth the amount paid or reasonably certain to be
`paid.
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`DEMAND FOR NAMES OF ALL WITNESSES
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`Demand is hereby made, pursuant to CPLR 3101(a) that each party set forth in writing and
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`under oath, within twenty (20) days of the service of this demand upon you, the name and address
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`of each person claimed by any party you represent, to be a witness to the occurrence alleged in the
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`Complaint; all notice witnesses, if notice is a requisite to a prima facie case; and any witness who
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`will testify to an admission against interest of defendant(s), on the issues of liability, or damages,
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`or regarding any other issue in this case.
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`If no such witnesses are known to you, so state in a sworn reply to this demand. The
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`undersigned will object upon trial to the testimony of any witnesses not so identified.
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`DEMAND FOR PHOTOGRAPHS, SLIDES, VIDEO TAPES
`AND MOTION PICTURES AND SURVEILLANCE TAPES IN ORIGINAL FORMAT
`BY ELECTRONIC SHARE FILE
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`PLEASE TAKE NOTICE that each represented defendant named below hereby demands
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`that each party produce at the office of the undersigned attorneys, within twenty (20) days from
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`your receipt of this notice, any photographs, images, slides, video tapes and motion pictures (which
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`should include but not be limited to photographs of vehicle, scene and injury and is to include any
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`photographs taken from a cell phone) received or obtained by plaintiff/defendant, or their
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`attorneys, agents or representatives, relating to any issue in this case in the native/original format
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`by electronic share file including any and all metadata associated therewith, including but not
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`limited to the date and time the photo was taken, the device on which it was taken, and whether
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`the image has been edited, and permit defendant, or the undersigned attorneys acting on behalf of
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`defendant, to inspect the native/original electronic files containing such photographs, slides, video
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`tapes, motion pictures, and surveillance materials including but not limited to films, slides,
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`photographs and videotapes, motion pictures, visual and/or audio and/or magnetic media
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`reproductions or descriptions depiction or alleging to depict plaintiff’s activities, action, speech,
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`etc. presently in your possession, custody or control, or in the possession of any party you represent
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`in this action.
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`18 of 47
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`FILED: KINGS COUNTY CLERK 04/17/2024 01:17 PM
`NYSCEF DOC. NO. 7
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`INDEX NO. 536715/2023
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`RECEIVED NYSCEF: 04/17/2024
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`PLEASE TAKE FURTHER NOTICE that the discovery materials enumerated above
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`require the production of all such materials, not merely the portions that you intend to and will
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`select to use at the trial of this action.
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`PLEASE TAKE FURTHER NOTICE that the aforesaid production may be complied with
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`by sending the electronic files of all photos in their original format by electronic share file which
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`will be provided upon request or other agreed upon means but not by email. Paper copies or pdf
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`copies are not a sufficient response to this demand.
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`DEMAND FOR POST OFFICE INFORMATION
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`Demand is hereby made for a verified statement setting forth the Post Office address and
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`residence address of plaintiff(s) and defendant(s) in sufficient detail to permit ready location,
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`pursuant to C