FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`NYSCI
`NYSCEF DOC. NO. 6
`EF DOC. NO.
`6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
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`24-SAH-224 DTF-A
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`
`wannanieeeeeeenx
`RICHARD E. SZOSTAK and SHEILA SZOSTAK,
`
`Index No.: 537877/2023
`
`Plaintiff,
`
`VERIFIED ANSWER
`-against-
`withCROSS-CLAIMS
`KEVIN STOCKSJR., and SOHEIR E. HABIB,
`
`Defendants.
`sateen peeennnn innoeeeex
`
`Defendant, SOHEIR E. HABIB, by his attorneys, McCABE, COLLINS, McGEOUGH,
`
`FOWLER, LEVINE & NOGAN,LLP, answering the Verified Complaint herein, upon information
`
`and belief, alleges:
`
`ANSWER TO FIRST CAUSE OF ACTION
`
`FIRST: Defendant denies having knowledge or information sufficient to form a beliefas to
`
`the allegations set forth in paragraphs “1, 2, 3, 4, 9 and 11" and each and every part thereof.
`
`SECOND: Defendantdenies the allegations set forth in paragraphs “10 and 12" and each and
`
`every part thereof.
`
`ANSWER TO SECOND CAUSE OF ACTION
`
`THIRD: Defendants repeat and reiterate each and every denial in answer to paragraphs
`
`numbered “1” through “12” of the Complaintas if more particularly hereinafter set forth in answer
`
`to paragraph numbered “13” and each and every part thereof.
`
`FOURTH: Defendant denies the allegations set forth in paragraphs “14, 15, 16, 17, 19 and
`
`20" and respectfully refer all questions of law to the determination ofthe trial court.
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
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`NYSCEF DOC. NO. 6
`NYSCEF DOC. NO.
`6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF:_04/18/2024
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`FIFTH: Defendant denies having knowledge or information sufficient to form a belief set
`
`forth in paragraphs “18” and respectfully refer all questions of law to the determination of the trial
`
`court.
`
`ANSWER TO THIRD CAUSE OF ACTION
`
`SIXTH: Defendants repeat and reiterate each and every denial in answer to paragraphs
`
`numbered “13” through “20” of the Complaint as ifmore particularly hereinafter set forth in answer
`
`to paragraph numbered “21” and each and every part thereof.
`
`SEVENTH: Defendant denies the allegations set forth in paragraphs 24” and each and every
`
`part thereof.
`
`EIGHTH: Defendant denies having knowledge or information sufficient to form a belief as
`
`to the allegations set forth in paragraphs “22, and 23” and respectfully refer all questions of law to
`
`the determination of the trial court.
`
`NINTH: Defendant denies the allegations set forth in paragraphs “25" and respectfully refer
`
`all questions of law to the determination ofthe trial court.
`
`ANSWER TO FOURTH CAUSE OF ACTION
`
`TENTH: Defendants repeat and reiterate each and every denial in answer to paragraphs
`
`numbered “21” through “25” of the Complaint as if more particularly hereinafter set forth in answer
`
`to paragraph numbered “26” and each and every part thereof.
`
`ELEVENTH: Defendant deniesthe allegations set forth in paragraphs “28" and respectfully
`
`refer all questions oflaw to the determination of the trial court.
`
`TWELFTH: Defendant denies having knowledgeor information sufficient to form a belief
`
`as to the allegations set forth in paragraphs “27” and respectfully refer all questions of law to the
`
`determination of the trial court.
`
`THIRTEENTH: Defendant denies the allegations set forth in paragraphs “29" and
`
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`NYSCI
`EF DOC. NO.
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`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
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`respectfully refer all questions of law to the determination of the trial court.
`
`ANSWER TO FIFTH CAUSE OF ACTION
`
`FOURTEENTH: Defendants repeat and reiterate each and every denial in answer to
`
`paragraphs numbered “26”through “29” ofthe Complaintas ifmore particularly hereinafterset forth
`
`in answer to paragraph numbered “30” and each and every part thereof.
`
`FIFTEENTH: Defendantdeniesthe allegations set forth in paragraphs “33" and respectfully
`
`refer all questions of law to the determination ofthetrial court.
`
`SIXTEENTH: Defendant denies having knowledge or information sufficient to form a belief
`
`as to the allegations set forth in paragraphs “31 and 32” and respectfully refer ali questions of law
`
`to the determination of the trial court.
`
`SEVENTEENTH: Defendant denies the allegations set forth in paragraphs “34" and
`
`respectfully refer all questions of law to the determination of the trial court.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`EIGHTEENTH:Theplaintiff did not sustain serious injuries as defined by Section 5102 of
`
`the Insurance Law of the State of New York andplaintiff's exclusive remedy, therefore, is confined
`
`and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New
`
`York.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`NINETEENTH:Theplaintiff’s sole and exclusive remedy is confined and limited to benefits
`
`and provisions of Article 51 of the Insurance Law of the State of New York.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`TWENTIETH:Theplaintiffs causes of action are barred by Article 51, Section 5104 of the
`Insurance Law of the State ofNew York.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
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`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
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`TWENTY-FIRST: The plaintiff was guilty of culpable conduct, including contributory
`
`negligence and/or assumption ofrisk, and should an award be madeto the plaintiff, same should be
`
`diminished in the proportion which the culpable conduct and/or contributory negligence and/or
`
`assumption ofrisk attributable to the plaintiffbears to the culpable conduct and/or negligence which
`
`caused the damages.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`TWENTY-SECOND:Thatif the plaintiff sustained injuries at the time and place as alleged
`
`in the complaint, said injuries, ifany, were caused and/or exacerbated by the plaintiff's failure to use
`
`the seat belts installed in the motor vehicle in which they were riding, and by otherwise failing to
`
`comply with the Vehicle and Traffic Law Section 1229-C and defendants will seek exemption from
`
`and/or mitigation of damagesat the time oftrial.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`TWENTY-THIRD:
`
`In the event that plaintiff recovers judgment against this answering
`
`defendant and it is determined that plaintiff's damages were caused in whole or in part by two or
`
`more joint tortfeasors, then defendant’s liability herein for non-economic loss may not exceedits
`
`equitable share of said damages in accordance withits relative culpability, as provided by Section
`
`1601 of the CPLR.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`TWENTY-FOURTH: This Court lacks jurisdiction of the person of the defendant due to
`
`failure to properly serve her.
`
`AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
`
`TWENTY-FIFTH: Plaintiff's recovery, if any, shall be reduced by the amount of any
`
`collateral payments received, in accordance with CPLR Section 4545.
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
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`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
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`TWENTY-SIXTH: Plaintifffailedto take allreasonablemeasuresto reduce, mitigate and/or
`
`minimize the damagesalleged.
`
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`
`TWENTY-SEVENTH: Plaintiffdid assumethe risk ofany and all injuries/damageshealleges
`
`to have incurred.
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`
`TWENTY-EIGHTH:The undersigned defendant(s) action(s) in connection with the matters
`
`alleged in the Complaint were atall times reasonable under the circumstances and/orthe product of
`
`an emergency situation that was due to environmental, mechanical, human or animal causes to which
`
`the emergency doctrine applies.
`
`AS A FOR A TWELFTH AFFIRMATIVE DEFENSE
`
`TWENTY-NINTH: These defendants are entitled to a set-off if any tortfeasor has or will
`
`settle with plaintiff pursuant to General Obligations Law §15-108.
`
`AS AND FOR A CROSS-CLAIM AGAINST
`CO-DEFENDANT, KEVIN STOCKS, JR
`DEFENDANT, SOHEIR E, HABIB,
`RESPECTFULLY SHOWS TO THIS COURT AND ALLEGES:
`
`THIRTIETH: That if plaintiff was caused damages, as alleged in the Complaint through
`
`negligence otherthan plaintiff's own negligence, carelessness and recklessness, said damages were
`
`sustained due to the primary and active, negligent, careless and reckless acts of omission or
`
`commission ofthe co-defendant,KEVIN STOCKSJR., with the negligence,ifany, ofthis answering
`
`defendant, SOHEIR E. HABIB, being secondary and/or derivative only.
`
`THIRTY-FIRST: Further, if plaintiff would recover judgment against this defendant,
`
`SOHEIR E. HABIB,then co-defendant, KEVIN STOCKSJR., shall be liable to defendant, SOHEIR
`
`E. HABIB, for the full amount of said judgment or on the basis of any apportionment of
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
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`responsibility for the alleged occurrence and defendant, SOHEIR E. HABIB,is entitledto
`
`indemnification from and over and against the co-defendant, KEVIN STOCKSJR., forall or part of
`
`any verdict or judgment whichplaintiff may recover in such amounts as a jury or Court may direct.
`
`THIRTY-SECOND: That by reason of this action, said answering defendant, SOHEIR E.
`
`HABIB, has been and will be put to costs and expenses, including attorneys fees.
`
`WHEREFORE,defendant, SOHEIR E. HABIB, demands judgment dismissing the Complaint
`
`herein, together with the costs, disbursements and expenses of this action orin the alternative,
`
`judgment on the cross-claim against the defendants,KEVIN STOCKSJR., in whole or in part ofany
`
`verdict proportionate share of culpability apportioned to the aforesaid defendants attrial, together
`
`with attorney fees, costs and disbursements of the action.
`
`Dated: Jericho, New York
`April 17, 2024
`
`Yours, etc.
`
`McCABE, COLLINS, McGEOQUGH, FOWLER,
`LEVINE &NOGAN, LLP
`
`ae
`
`By:
`
`KO Af Pte
`David T. Fowler
`Attorneys for Defendant SOHEIR E. HABIB
`30 Jericho Executive Plaza - Suite 400 C
`Jericho, New York 11753
`516-741-6266
`
`File No.: 24-SAH-224 DTF-A
`
`TO:
`
`RANERI, LIGHT & O’DELL, PLLC
`Attorney for Plaintiff
`150 Grand Street, Suite 502
`White Plains, New York 10601
`914-948-5525
`sjablonski@rlslawoffice.com
`
`LAW OFFICES OF JOHN TROP
`Attorney for Co-defendant
`Kevin Stocks, Jr.
`1055 Franklin Avenue, Suite 204
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`NYSCI EF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`IND
`EX NO.
`537877/2023
`INDEX NO. 537877/2023
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`
` EIVE iD
` EF’:
`
`04/18/2024
`RECEIVED NYSCEF: 04/18/2024
`
` NYSCI
`
`Garden City, New York 11530-2903
`516-445-4709
`File No. N186117855.2
`
`7 of 64
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
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`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`37877/2023
`INDEX NO. 537877/2023
`INDEX NO.
`5
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`
`
`
`
`RECEIVED NYSCEF:
`04/18/2024
`RECEIVED NYSCEF: 04/18/2024
`
`
`
`24-SAH-224 DTF-A
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`onnnerenerXK
`RICHARD E, SZOSTAK and SHEILA SZOSTAK,
`
`Plaintiff,
`
`-against-
`
`KEVIN STOCKSJR., and SOHEIR E. HABIB,
`
`Index No.: 5337877/2023
`
`DEMAND FORA
`VERIFIED BILL
`OF PARTICULARS
`
`Defendants.
`esauunaanenencecreererweeweeenneeeneeeneeeeeen enex
`
`PLEASE TAKE NOTICEthat in accordance with Section 3041, Rules 3042, 3043 and 3044
`
`of the CPLR you are hereby required to serve upon the undersigned a Verified Bill of Particulars
`
`pursuantto the following demand within thirty (30) days:
`
`1. State the date and approximatetime of day ofthe accident.
`
`2. Set forth the place of occurrence, giving in full detail the exact location ofthe scene ofthe
`
`accident.
`
`3. State the address of the plaintiffs) at the time of the alleged occurrence.
`
`4. State the present address ofthe plaintiff(s).
`
`5. State the plaintiff(s) gender, date of birth, social security number and Medicare health
`
`insurance claim number, if applicable.
`
`6.
`
`Is actual notice claimed? Ifso, the name ofthe person to whom notice is claimed to have
`
`been given, and whether written or oral and the date thereof.
`
`7.
`
`Is constructive notice claimed? If so, the length of time it will be claimed the alleged
`
`condition existed.
`
`8. Provide a statement of each and every personal injury alleged to have been sustained by
`
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`NYSCI
`EF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
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`condition existed.
`
`8. Provide a statement of each and every personal injury alleged to have been sustained by
`
`plaintiffs), including the nature, location, extent of duration andthe effects of same.
`
`9. State which personal injuries plaintiff(s) will claim are permanent.
`
`10. Separately state the length of time confined(a) to hospital, (b) to bed, and © to house.
`
`11. State the length oftime the plaintiff(s) was (a) totally disabled, and (b) partially disabled.
`
`12. State the following (a) vocationsofplaintiff(s) at the time of the alleged occurrence,(b)
`
`names and addresses of employers, © average weekly earnings, and (d) state separately period of
`
`total and/or partial disability, (e) if self-employed, a detailed statement of how alleged loss of
`
`earnings or incomearearrivedat.
`
`13. Give a detailed statement of amounts claimed as special damages, if any, for (a)
`
`physician's services, (b) hospital expenses, © nurse's services, (d) medical
`
`supplies, (e) loss of earnings, (f} maid's services, (g} any additional or other special damages.
`
`14. Set forth the names and addresses of any and all witnesses to this occurrence.
`
`15. Set forth a general statementofthe acts ofomissions constituting the negligence claimed.
`
`16. State in what respect the plaintiff(s) have sustained a serious injury as defined in Section
`
`5102(d) of the Insurance Law, or economic loss defined in Section 5102(a) of the Insurance Law.
`
`17. Designate byarticle, section, division and subdivision,the statutes, ordinances, rules and
`
`regulations alleged to have been violated by defendant.
`
`18. A statement of the amount to whichthe plaintiff claims to be entitled.
`
`PLEASE TAKE FURTHER NOTICEthatin the event of yourfailure to furnish such a Bill
`
`of Particulars within the said period of thirty (30) days, a motion will be made for an Order
`
`precluding you from giving any evidenceatthe trial of the above items, of which particulars have
`
`not been delivered in accordance with this demand.
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
`
`EX NO.
`537877/2023
`INDEX NO. 537877/2023
`IND
`
`
`
` EF’:
`
`RECEIVED
`04/18/2024
`RECEIVED NYSCEF: 04/18/2024
`
` NYSCI
`
`Dated: Jericho, New York
`April 17, 2024
`
`Yours, etc.
`
`McCABE, COLLINS, McGEOQUGH, FOWLER,
`LEVINE & NOGAN, LLP
`
`By:
`
`Lop
`fn.
`© & 02 Bee ne
`Ste ge
`
`David T, Fowler
`Attorneys for Defendant SOHEIR E. HABIB
`30 Jericho Executive Plaza - Suite 400 C
`Jericho, New York 11753
`516-741-6266
`File No.: 24-SAH-19 DTF-A
`
`TO:
`
`RANERI, LIGHT & O’DELL, PLLC
`Attorney for Plaintuif
`150 GrandStreet, Suite 502
`White Plains, New York 10601
`914-948-5525
`sjablonski@rlslawoffice.com
`
`LAW OFFICES OF JOHN TROP
`Attorney for Co-defendant
`Kevin Stocks, Jr.
`1055 Franklin Avenue, Suite 204
`Garden City, New York 11530-2903
`516-445-4709
`File No. N186117855.2
`
`10 of 64
`10 of 64
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`

`

`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`
`
`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
`
`24-SAH-19 DTF-A
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`eecteeeggencee4
`RICHARD E. SZOSTAK. and SHEILA SZOSTAK,
`
`Index No.: 537877/2023
`
`Plaintiff,
`
`COMBINED DEMANDS
`-against-
`OFDEFENDANTS
`KEVIN STOCKSJR., and SOHEIR E. HABIB,
`
`Defendants.
`tennX
`
`PLEASE TAKE NOTICEthat you are hereby required to produce and permit discovery by
`
`the undersigned of the documents and things hereinafter enumerated for inspection at the office of
`
`McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN,LLP on April 23, 2024, at
`
`10:00 o'clock in the forenoon of that day, at which time they will be physically inspected, tested,
`
`copied or mechanically reproduced.
`
`PLEASE TAKE FURTHER NOTICEthat production of documents and other items may be
`
`accomplished by forwarding true copies of sameto the offices of the undersigned on or before the
`
`aforesaid date, in which case a personal appearance on that date will not be necessary.
`
`If these
`
`demands will be complied with by way of a personal appearance, we ask that you confirm your
`
`appearanceat least twenty-four (24) hours prior thereto.
`
`1.
`
`DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES:
`
`PLEASE TAKE NOTICEthat demandis hereby made upon you to furnish the undersigned
`
`with a verified statement concerning the names and addresses of any and all persons known to your
`
`client, or to you, as attorney for your client, claimed to have either been an actual witness to or to
`
`have firsthand knowledge with respect to the following:
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`
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`
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
`
`a)
`
`the occurrence alleged in the complaint and/or the occurrencewhichis thesubject
`
`matter of the instant litigation; or
`
`b)
`
`any acts, omissions or conditions which allegedly caused the occurrence alleged in
`
`the complaint or caused the occurrence which is the subject matter of the instant
`
`litigation; or
`
`c)
`
`any actual notice allegedly given to the defendant answering herein of any condition
`
`which allegedly caused the occurrence alleged in the complaint or the oecurrence
`
`which is the subject matter of the instantlitigation; or
`
`d)
`
`the nature and duration of any alleged condition which allegedly caused the
`
`occurrence alleged in the complaint or the occurrence whichis the subject matterof
`
`the instant litigation; or
`
`e)
`
`conversations, communications or writings with respect tot he circumstances or
`
`events referred to in the complaint orin any affirmative defense asserted by any party
`
`herein; or
`
`f)
`
`items of special or general damagesasserted by plaintiff in the within action or with
`
`respect to any set off or counterclaim by an defendant or third-party defendant.
`
`g)
`
`names and addresses of witnesses who posses vital information which bears on the
`
`liability issues. Hughes v. Elias, 120 A.D,2d 703, 502 N.Y.8.2d 772 (2d, Dept. 1986).
`
`This demand is made upon you pursuant to the authority of Zellman v. Metropolitan
`
`Transportation Authority, 40 A.D.2d 248, 339 N-Y.S.2d 255, (1973); Zavas v. Morales, 45 A.D.2d
`
`610, 350 N.Y.S.2d (1974): Hoffman v. Ro-San Manor, 73 A.D.2d 207, 425 N.Y.S.2d 619.
`
`In the event that no such namesor addresses are currently known, then a verified statement
`
`to this effect shall be provided within the abovestated time.
`
`Please be further advised that this demand is a continuing one and that should such
`
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`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 PM
`FILED: KINGS COUNTY CLERK 04/18/2024 12:59 P
`
`NYSCEF DOC. NO.
`6
`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`
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`
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`RECEIVED NYSCEF: 04/18/2024
`RECEIVED NYSCEF: 04/18/2024
`
`information become known in the future, then said names and/or addresses should be furnished
`
`within a reasonable time after acquiring same.
`
`Please be further advised that any attempt to introduce testimony at the time of trial of any
`
`witnesses not disclosed will be objected to or in the alternative, the undersigned will movethis court
`
`for an order compelling production of said names and/or addresses.
`
`2,
`
`
`DEMAND FOR DISCOVERY & INSPECTION OF ANY STATEMENT OF A
`
`PARTY REPRESENTED BY THE UNDERSIGNED:
`PLEASE TAKE FURTHER NOTICEthat the undersigned hereby demands that you
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`produce, pursuant to CPLR 3101(e), full, true legible and complete copies of any andall statements
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`madebyor taken from any ofthe parties represented by the undersigned, their servants, agents and/or
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`employees, whether written, oral or recorded (including, full, true legible and complete copies of
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`transcripts of same) in your possession, custody or control or presently in the possession or under
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`the control of a party you represent, or your agent, servant, employee and/orprincipal.
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`3.
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`DEMAND FOR ACCIDENT REPORTS:
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`PLEASE TAKE FURTHER NOTICE that the undersigned demands that you produce,
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`pursuant to CPLR 3101(g), full, true, legible and complete copies of any report concerning the
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`accident or occurrence which is the subject matter of this lawsuit prepared in the regular course of
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`business operations or practices of any person, firm, corporation, association or other public or
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`private entity. This demand includesall accident reports, whether or not prepared exclusively in
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`preparation forlitigation. Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 694 (1981).
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`4,
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`DEMAND FOR PHOTOGRAPHS
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`PLEASE TAKE FURTHER NOTICEthat the undersigned demands, pursuant to Article
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`31 of the CPLR,that you produce and provide copies of any and all photographs,slides, videotapes
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`or motionpictures in plaintiff's custody or control depicting:
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`NYSCEF DOC. NO.
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`NYSCEF DOC. NO. 6
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`a)
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`b)
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`c)
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`d)
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`e)
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`f)
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`the scene of the accident or occurrence;
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`the motor vehicle involved (if an auto accident),
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`the defective condition involved;
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`the injuries to the plaintiff
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`property damage;
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`any defect, condition or substance alleged in the complaint.
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`PLEASE TAKE FURTHER NOTICEthat your failure to comply with this notice will
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`result in an appropriate application to the court.
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`PLEASE TAKE FURTHER NOTICEthat in the event photographs of the scene ofthe
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`accident or occurrence are attempted to be introducedat the time of trial without compliance with
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`this notice, there will be objections to the introduction of same,
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`If no such photographsare in the possession, custody or control of any parties you represent
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`in this action, so state in sworn reply to this demand.
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`5.
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`DEMAND FOR NAMES & ADDRESSES OF PARTIES & ATTORNEYS:
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`PLEASE TAKE FURTHER NOTICEthat the undersigned demands, pursuant to CPLR
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`3102(a), 2103(e) and 3118, that you providea list ofthose attorneys who have appearedin this action
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`together with their addresses and the name and address of the party for whom suchattorneys have
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`appeared.
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`6.
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`DEMAND FOR EXPERT WITNESS DISCLOSURE:
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`PLEASE TAKE FURTHER NOTICEthat the undersigned demands, pursuant to CPLR
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`3101(d), that you set forth the following:
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`a)
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`State whether there is any person you expectto call as an expert witness at the time
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`oftrial of this action.
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`NYSCEF DOC. NO.
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`NYSCEF DOC. NO. 6
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`b)
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`Ifthe answerto the precedingis in the affirmative, please state in detail as to each
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`and every such expert person:
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`(i)
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`(ii)
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`(iii)
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`(iv)
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`(v)
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`His identity.
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`His address.
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`His field of expertise.
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`Any sub-specialties of the witness within his field of expertise.
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`In reasonable detail, the subject matter on which each and every expert is
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`expectedto testify.
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`(vi)
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` Inreasonable detail, the substance ofthe facts and opinions to which each and
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`every expert is expectedto testify.
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`(vii)
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`In reasonable detail, the qualifications of each and every expert witness.
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`(viii)
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`In reasonable detail, a summary ofthe grounds for each and every expert's
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`opinion,
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`(ix)|Names, dates and publishers of anytreatises, books, articles, or essays or
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`other writings published or unpublished by the expertrelating in any wayto
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`the subject matter on which said expert is expected to testify. For each
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`published article and essay, state the title ofthe book, journal or other work
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`in whichit can be found and the name and address of the publisher and date
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`of publication.
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`c)
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`State whether any expert, including but not limited to the person or persons identified
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`in the preceding demands, at any time made an examination analysis, inspection or
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`test of:
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`(a)
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`(ii)
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`The premises of the area involved in the occurrence.
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`Any other item of real evidence which may be relevant to determining the
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`NYSCEF DOC. NO.
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`cause of the occurrence of the damages alleged in the Complaint.
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`d)
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`If the answer to any preceding demandsis in the affirmative, for each such person
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`State:
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`(i)
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`The determination, if any, as to whether or not the product or item inspected
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`was manufactured and/orinstalled consistent with specifications.
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`Has the object, product or item identified in the preceding demands been destroyed
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`or altered in the course of the examination, analysis, inspection or test performed
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`upon it?
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`Did anyoneassist the personsidentified in the preceding demandsin the performance
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`of the examination, inspection and analysis of tests?
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`g)
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`If the answerto any of the preceding demandsis in the affirmative:
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`(i)
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`(ii)
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`Identify each person who gave such assistance.
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`Describe the type and amountof assistance given.
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`(iii)|State the dates on which such assistance as given.
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`h)
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`Did any ofthe personsidentified in any ofthe preceding demands submit any reports
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`based uponthe test examinations conducted?
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`i)
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`If the answer to any of the preceding demandsis in the affirmative, state:
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`(i)
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`A description of each report that was made.
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`i) The date that each report was made.
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`(iii)
`(iv)
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`Identify the person to whom cach report was submitted.
`Identify the persons who have present custody of each report.
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`j)
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`Attach a copy of any reports identified in response to any ofthe preceding demands.
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`PLEASE TAKE FURTHER NOTICEthat upon your failure to respond to this demand
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`within thirty (30 )days, a motion will be made pursuant to CPLR 3101(d) for sanctions and/or to
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`NYSCEF DOC. NO.
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`compel compliance with same.
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`7.
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`DEMAND FOR MEDICALS
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`PLEASE TAKE FURTHER NOTICEthat pursuant to CPLR 3101 and the Appellate
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`Division and/or Trial Term Rules and the Uniform Rules for the New York State Trial Courts,
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`demand is hereby made uponthe plaintiff(s) or his/her attorneys to provide:
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`a)
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`the names and addresses of all physicians, osteopaths, chiropractors, physical
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`therapists and other licenses medical professionals and otherhealth care providers of
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`every description who have consulted, examinedortreated the plaintiff for each of
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`the conditions, physical or mental, allegedly caused by, or exacerbated by the
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`occurrence described in the complaint, including the date of such treatment or
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`examination.
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`b)
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`duly executed and acknowledged written authorizations directed to any hospital,
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`clinic or health care facility in which the injured plaintiff(s) herein is or was treated
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`or confined due to the occurrence set forth in the complaint so as to permit the
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`securing of a copy of the entire hospital record or records including x-rays and
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`technicians’ reports.
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`c)
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`duly executed and acknowledged written authorizations to allow defendant(s) to
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`obtain the complete office medical recordsrelating to the plaintiffofeach health care
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`provider identified in (a) above.
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`d)
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`copies of all medical reports received from health care providers identified in (a)
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`above. Theseshall include a detailed recital ofthe injuries and conditions as to which
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`testimony will be offered at the trial, referring to and identifying those x-rays and
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`technician’s reports which will be offered.
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`NYSCEF DOC. NO.
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`e)
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`duly executed and acknowledged written authorizations specifying prescription
`number(s) which will allow the defendant(s) to obtain the complete records of all
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`drugs prescribedforplaintifffor one (1) year prior to the occurrence described in the
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`complaint to the presentdate.
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`f)
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`duly executed and acknowledged written authorizations specifying prescription
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`number(s) which will allow defendant(s) to obtain the complete records of all drugs
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`prescribed for plaintiff for injuries allegedly sustained in the occurrence complained
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`of in the complaint.
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`g)
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`duly executed and acknowledged written authorizations with respect
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`to any
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`osteopaths, chiropractors and/or other licensed medical professionals who have
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`rendered treatment to plaintiff{s) with respect to any condition pre-existing or
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`preceding the events complainedofin the complaint involving disease, disability or
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`injury (or, if applicable, prior psychiatric or psychological disorders) which in any
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`wayis alleged to have been aggravated orexacerbated,or to have caused any increase
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`in the sequella of those injuries or conditions allegedly resulting from the events
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`complained of in the within action.
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`h)
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`duly executed authorizations with respect to any hospitals, clinics or other similar
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`health care providers which have renderedtreatmentto plaintiff(s) with respect to any
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`condition pre-existing or preceding the events complained of in the complaint
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`involving disease, disability or injury (or,
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`if applicable, prior psychiatric or
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`psychological disorders which in any wayis alleged to have caused any increase in
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`the sequella of those injuries or conditions allegedly resulting from the events
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`complained of in the within action.
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`PLEASE TAKE FURTHER NOTICEthat with respect to Items (a), (b), (c), (d), (©), CD,
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`NYSCEF DOC. NO.
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`NYSCEF DOC. NO. 6
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`INDEX NO. 537877/2023
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`INDEX NO. 537877/2023
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`RECEIVED NYSCEF: 04/18/2024
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`(g) and(h),the authorizations to be provided shall state the approximate period orperiodsthat such
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`services were rendered, as well as the complete name and address of the provider.
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`PLEASE TAKE FURTHERNOTICEthat upon your failure to comply with this demand,
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`an appropriate motion will be made seeking an order compelling the production ofthe aforesaid and
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`in addition, a motion will be made to preclude plaintiff(s) upon the trial of the within action from
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`offering evidence or testifying as to any of the conditions which are referred to in said reports,
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`records or examinations demandedherein.
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`8.
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`DEMAND FOR COLLATERAL SOURCES:
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`PLEASE TAKE FURTHER NOTICEthat the undersigned hereby demands that you
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`produce:
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`A verified statement setting forth the amounts claimed by the plaintiff(s) for the cost: a)
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`medical care; b) dental care; c) custodial care; d) rehabilitation services; e) loss of earnings;
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`and f) any other economicloss.
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`FURTHER,it is demandedthat the plaintiff(s) list and identify in a verified statement and
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`provide duly executed and acknowledged authorizations directed to each and every collateral source
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`including, but not limited to, insurance, no-fault, social security,disability, Workers’ Compensation
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`or employee benefit programs, Medicare health insura