FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
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`Plaintiff,
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`Index No.: 602202/2024
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`VERIFIED ANSWER
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`-against-
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`SCOTT BUTLER,
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`Defendant.
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`------------------------------------------------------------------X
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`The defendant, SCOTT BUTLER, answering the Verified Complaint of plaintiff, alleges upon
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`information and belief, the following:
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`1.
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`Denies any knowledge or information sufficient to form a belief as to the truth or falsity
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`of the allegations contained in paragraphs of the Verified Complaint designated 1, 5, 6, 8 and 9.
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`2.
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`Denies each and every allegation contained in the paragraphs of the Verified Complaint
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`designated 10, except admits that on July 6, 2021 at approximately 5:25 p.m., the defendant’s motor
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`vehicle came into contact with plaintiff’s motor vehicle.
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`3.
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`Denies each and every allegation contained in the paragraphs of the Verified Complaint
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`designated 11, 12, 13, 14, 15, 16, 17 and 18.
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`That the plaintiff's alleged damages representing the cost of medical care, dental care, custodial
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`care or rehabilitation services, loss of earnings or other economic loss were or will, with reasonable
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`certainty, be replaced or indemnified, in whole or in part, by or from a collateral source and this Court
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`shall, pursuant to CPLR Section 4545, reduce the amount of such alleged damages by the amount such
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`damages were or will be replaced or indemnified by such collateral source.
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`1 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
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`INDEX NO. 602202/2024
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`RECEIVED NYSCEF: 04/19/2024
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`
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`Answering defendant(s) responsibility for non-economic loss, if any, which is expressly denied
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`herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a party hereto,
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`who is or may be responsible for the happening of plaintiff's alleged accident and, thus, such party is
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`entitled to a limitation of damages as set forth in CPLR Article 16.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`The injuries and damages allegedly sustained by plaintiff were caused in whole or in part by the
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`culpable conduct of plaintiff, including negligence and assumption of risk, as a result of which the claim
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`of plaintiff is therefore barred or diminished in the proportion that such culpable conduct of plaintiff
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`bears to the total culpable conduct causing the alleged injuries and damages.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`Upon information and belief plaintiff(s) failed to mitigate damages.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`That if it is determined that plaintiff failed to use available seatbelts, defendant hereby pleads
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`such fact in mitigation of damages.
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`That this action is barred by reason of the fact that plaintiff did not sustained a “serious injury”
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`as defined in Section 5102 of the Insurance Law and, thus, has no right of recovery under Sec. 5104 of
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`the Insurance Law.
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`WHEREFORE, this party demands judgment dismissing the action herein, together with costs
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`and disbursements.
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`Dated: April 19, 2024
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`Melville, New York
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`2 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
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`RECEIVED NYSCEF: 04/19/2024
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
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`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:1
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
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`TO:
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`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`
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`1 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`3 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`ATTORNEY VERIFICATION
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`JOHN J. KEARNEY, affirms as follows:
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`I am an attorney at law admitted to practice in the Courts of the State of New York, and am
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`associated with the LAW OFFICE OF ERIC D.FELDMAN, attorneys for defendant, SCOTT
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`BUTLER, in the within action, and as such, I am fully familiar with all the facts and circumstances
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`therein.
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`That the foregoing Answer is true to the knowledge of affirmant, except as to those matters
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`therein stated to be alleged upon information and belief, and that as to those matters affirmant believes
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`it to be true.
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`Affirmant further states that the reason that this verification is made by affirmant and not by
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`defendant(s) is that the defendant(s) is/are not within this County of Suffolk where affirmant maintains
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`his/her office.
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`Affirmant further states that the sources of her knowledge and information are reports of
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`investigations, conversations, writings, memoranda, and other data concerning the subject matter of the
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`litigation.
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`The undersigned attorney affirms that the foregoing statements are true, under the penalties of
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`perjury pursuant to Rule 2106 of the CPLR.
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`Dated: April 19, 2024
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`Melville, New York
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` ______________________________
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`JOHN J. KEARNEY
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`4 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
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`
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`
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`
`
`
`-against-
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`
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`SCOTT BUTLER,
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`Defendant.
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`
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`------------------------------------------------------------------X
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`Plaintiff,
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`Index No.: 602202/2024
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`EXCHANGE OF INSURANCE
`INFORMATION PURSUANT
`TO CPLR §3101(f) and §3122(b)
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`Defendant, SCOTT BUTLER, by his attorney the Law Office of ERIC D. FELDMAN, as
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`and for its Exchange of Insurance Information Pursuant to CPLR §3101(f) and §3122(b) sets forth the
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`following:
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`1.
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`Annexed hereto as Exhibit A is a copy of the Declaration Sheet for the policy in force
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`on the alleged date of loss.
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`2.
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`The Claim Professional assigned to the handling of this action is C. Sheldon Bassarath
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`and his email address is: cbassara@travelers.com
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`Should you require additional documentation or certification pursuant to the CPLR, please
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`advise and we shall further supplement this response accordingly. Otherwise, we will assume this
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`disclosure is sufficient compliance.
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`Dated: April 19, 2024
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`Melville, New York
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`5 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:2
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
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`TO:
`
`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`
`
`2 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`6 of 46
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`

`

`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`
`
`-against-
`
`Plaintiff,
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
`
`
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`
`
`SCOTT BUTLER,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`COUNSELORS:
` Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this request, you
`
`Index No.: 602202/2024
`
` DEMAND PURSUANT TO
` CPLR 3017 (c)
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`are hereby required to set forth the total damages to which plaintiff(s) deems himself/herself entitled
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`and list same separately for each cause of action.
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`Dated: April 19, 2024
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`Melville, New York
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:3
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
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`TO:
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`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`3 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`7 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`
`
`-against-
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
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`
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`
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`SCOTT BUTLER,
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`Defendant.
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`
`
`------------------------------------------------------------------X
`TO PLAINTIFF:
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`
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`Plaintiff,
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`
`
`Index No.: 602202/2024
`
` NOTICE FOR DISCOVERY AND
` INSPECTION AS TO
` LITIGATION FUNDING
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`PLEASE TAKE NOTICE, that the undersigned hereby demands on behalf of the party it
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`represents in this action, that within thirty (30) days of this demand, plaintiff state in response to this
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`notice whether plaintiff, plaintiff’s attorney or anyone on behalf of plaintiff or plaintiff’s attorney has
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`entered into an agreement, contract, contingency or loan with a lender, litigation funding company,
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`litigation lending company, medical funding company or other similar entity, company, corporation,
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`partnership or person that is engaged in loaning money, advancing money or financially assisting you
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`or your attorney in any aspect of this case, whether it be for payment of medical bills, litigation expenses,
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`witness expenses, lost wages or an advancement against a portion or all of any potential recovery you
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`may receive.
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`IF THE ANSWER IS IN THE AFFIRMATIVE, demand is hereby made that you provide the
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`following within thirty (30) days of this demand:
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`(a) The complete name and address of the lender, litigation funding company, litigation lending
`company, medical funding company or similar entity as described above.
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`(b) The date on which agreement, advance or loan was made.
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`(c) The amount of such agreement, advance or loan.
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`8 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`(d) All information, including documents of any kind provided to the lender, litigation funding
`company, litigation lending company, either pursuant to the request of the litigation funding
`company, litigation lending company, or voluntarily.
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`(e) Attach a copy of said agreement(s) to the response to this demand.
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`(f) Attach copies of all brochures, applications, contracts, agreements, liens, correspondence or
`other similar documents received by you, completed by you, anyone on your behalf and your
`attorney(s) as part of the process of entering into all agreements, negotiations and contracts with
`a lender, litigation funding company, litigation lending company, medical funding company, or
`similar entity.
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`(g) A duly executed HIPAA compliant authorization for the entire contents of the litigation funding
`company’s file including, but not limited to, any and all advertising materials, applications,
`estimates, medical information, brochures, contracts, agreements, liens and correspondence.
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`PLEASE TAKE FURTHER NOTICE, that in the event any of the requested documents and/or
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`items do not exist, a verified statement to that effect is to be served on the undersigned on or before the
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`aforesaid return date.
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`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and if there is any
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`change to the initial response to this demand during the course of the litigation a further response is
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`required within thirty (30) days of the change.
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`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested documents
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`and/or items on the date and at the time and place demanded, a Motion will be made for the appropriate
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`relief.
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`Dated: April 19, 2024
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`Melville, New York
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`9 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
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`
`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:4
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
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`TO:
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`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`
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`4 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`10 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`
`
`-against-
`
`Plaintiff,
`
`
`
`
`
`Index No.: 602202/2024
`
` DEMAND FOR CELL PHONE
` RECORDS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
`
`
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`
`
`SCOTT BUTLER,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`
`
`
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. and the applicable case law, you
`are hereby required to produce for discovery and supply to the undersigned attorneys for defendant within
`twenty (20) days from the date of service of this demand, the following information, documents and items
`requested for the purpose of inspection and/or copying:
`PLEASE TAKE FURTHER NOTICE, that submission to the undersigned of true and
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`conformed certified copies of the documents and/or items demanded herein on or before the aforesaid
`return date will be deemed compliance with this demand notice.
`
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`1. A copy of the plaintiff’s detailed cellular telephone records for the date of the incident
`including calls made and calls received. The records should also include the time that the call
`was made or received, the duration of the call and the telephone number that was called or
`from where the call originated.
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`
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`2. A copy of the detailed text records for the plaintiff’s cellular telephone number for the date of
`the incident including texts that were made and texts that were received. The records should
`also include the time that the text was made or received and the time the text was made or
`received.
`PLEASE TAKE FURTHER NOTICE that in the event any of the requested documents and/or
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`items do not exist, a verified statement to that effect is to be served on the undersigned on or before the
`aforesaid return date.
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`11 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and in the event
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`any of the requested documents and/or items are obtained after the aforesaid return date, same are to be
`furnished to the undersigned within thirty (30) days after receipt.
`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested
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`documents and/or items on the date and at the time and place demanded, a Motion will be made for the
`appropriate relief.
`
`Dated: April 19, 2024
`
`Melville, New York
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:5
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
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`TO:
`
`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`
`
`
`
`5 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`12 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
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`
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`
`
`Index No.: 602202/2024
`
`DEMAND FOR ELECTRONIC
`TRACKING DATA
`
`Plaintiff,
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`
`-against-
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`
`SCOTT BUTLER,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`PLEASE TAKE NOTICE, that you are hereby required to supply the undersigned, at the below
`
`listed address, for discovery, inspection and copying, within thirty (30) days of the date hereof, the
`following:
`
`
`ELECTRONIC TRACKING DATA DEMANDS
`
`PLEASE TAKE FURTHER NOTICE that the undersigned demands pursuant to CPLR
`
`Article 31, et seq., the following:
`
`1. That any tracking device (FitBits; Apple Tracking Watch; or other Mobile Tracking Devices)
`that was in place and/or installed.
`
`2. Production of any and all raw data from the any electronic tracking device in place and/or
`installed be produced in both original electronic form as well as any and all downloads and/or print-outs
`of said raw data - for a period of 24 hours prior to the occurrence which is the subject of the above
`captioned litigation and 24 hours following the same.
`
`3. The username and password for any World Wide Web access to the data from said device -
`for a period of 24 hours prior to the occurrence which is the subject of the above captioned litigation
`and 24 hours following the same. Any and all text messages, e-mails and/or other reports and/or alerts
`from said tracking device - for a period of 24 hours prior to the occurrence which is the subject of the
`above captioned litigation and 24 hours following the same. A statement of the parameters of geo-
`fencing and/or perimeter reports - for a period of 24 hours prior to the occurrence which is the subject
`of the above captioned litigation and 24 hours following the same. A sworn statement identifying the
`manufacturer and model of said tracking device as well as the firmware and/or software version running
`on said device at the time of the loss which is the subject of the above captioned action.
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`PLEASE TAKE FURTHER NOTICE, that if there is any claim that the any of the above
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`demanded record(s) and/or information cannot be located, have been destroyed or mislaid or for some
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`13 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`other reason no longer exists, an affidavit, from the plaintiffs personally, is hereby demanded pursuant
`
`to Cromwell v. Ward, 183 A.D.2d 459, 584 N.Y.S.2d 295 (1st Dep’t., 1992); Wilenskv v. JRB
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`Marketing & Opinion Research, Inc.. 161 A.D.2d 761, 556 N.Y.S.2d 356 (2nd Dep’t., 1990); and
`
`Jackson v. City of New York, 185 A.D.2d 768, (N.Y.A.D.,1992). Said affidavit is to set forth, in detail,
`
`the following:
`
`• where the subject records were likely to be kept;
`• what efforts, if any, were made to preserve them;
`• whether such records were routinely destroyed;
`• or, whether a search had been conducted in every location where the records were likely to be
`found;
`
`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and in the event
`
`any of the requested documents and/or items are obtained after the aforesaid return date, same are to be
`furnished to the undersigned within thirty (30) days after receipt.
`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested
`
`documents and/or items on the date and at the time and place demanded, a Motion will be made for the
`appropriate relief.
`
`Dated: April 19, 2024
`
`Melville, New York
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`Yours, etc.
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:6
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
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`6 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`14 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`TO:
`
`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`
`
`
`15 of 46
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`

`

`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
`
`
`
`
`
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`
`
`
`
`
`
`Plaintiff,
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`
`Index No.: 602202/2024
`
`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
`
`
`
`
`
`-against-
`
`
`SCOTT BUTLER,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`C O U N S E L :
`
`
`PLEASE TAKE NOTICE that this answering party, represented by the LAW OFFICE OF ERIC
`
`D. FELDMAN, the undersigned attorneys, requires that you serve upon said attorneys within thirty (30)
`
`days after service upon you of a copy of this demand, a Verified Bill of Particulars, setting forth the
`
`following:
`
`
`State the date, time of day, and weather and road conditions of the occurrence alleged in
`1.
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`the Complaint.
`
`The location of the alleged occurrence in sufficient detail to permit ready identification,
`2.
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`including but not limited to:
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`
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`
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`3.
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`occurrence.
`
`Set forth the year, make, model and license plate number (indicating state and year) of
`4.
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`each vehicle allegedly involved in the occurrence.
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`
`
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`
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`(a) The name of the street or road upon which the
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`alleged accident occurred;
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`(b)
`
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`(c)
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`
`
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`Indicate the nearest intersecting road and the
`distance therefrom; and
`
`Specifying the exact place of the occurrence
`with respect to the center of the road, the
`center of the intersection, or other clear
`reference point.
`
`Set forth the name and address of the owner and operator of each vehicle involved in the
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`16 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`
`State the direction each vehicle allegedly involved in this occurrence was heading just
`5.
`
`before the occurrence; state the location where each vehicle allegedly involved in this occurrence came
`to rest immediately after the occurrence.
`
`State all traffic controls plaintiff will claim existed at the scene of the occurrence; state
`6.
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`what traffic controls it will be claimed defendant violated.
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`Set forth factually and specifically in what way it is claimed this party was negligent,
`7.
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`indicating each and every particular act or omission constituting this party's alleged negligence.
`
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`Set forth each and every injury and/or condition allegedly sustained by each plaintiff as
`8.
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`a result of the said occurrence indicating:
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`
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`
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` 9. Give the length of time and specific dates it is claimed that each plaintiff was confined,
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`by reason of the alleged injuries:
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`(a)
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`its nature, extent, location and duration;
`
`(b)
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`
`
`(c)
`
`
`
`
`
`a complete description of any injury
`and/or condition claimed to be residual or
`permanent; and
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`the name and address of each physician
`or other medical practitioner treating or
`examining plaintiff; the date of each visit;
`and whether treatment has ceased or is
`continuing.
`
`
`
`
`
`
`(a) to bed; (b) to house; and (c) if treated at
`or confined to a hospital or other medical
`facility, state the name and address thereof,
`and the dates of admission and discharge.
`
`10. State with respect to each plaintiff:
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`
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`(a) Plaintiff's place and date of birth, all other
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`names by which each plaintiff has ever been
`
`known, and social security number. If plaintiff
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`is a married woman, state maiden name.
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`(b) Plaintiff's occupation at the time of the
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`occurrence, with a description of
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`plaintiff's duties;
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`(c) The name and address of plaintiff's
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`17 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
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`employer at the time of the alleged
`occurrence.
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`(d) The daily or weekly earnings (gross and
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`net) at the time of the occurrence.
`
`(e)
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`
`
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`If plaintiff was self-employed, set forth
`the business name and address of plaintiff and
`the annual income (gross and net) of plaintiff
`from said business.
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`(f) Whether plaintiff was incapacitated from said
`
`employment; if so, the length of time including
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`the specific dates that plaintiff was allegedly
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`incapacitated from attending to said employment.
`
`(g)
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`
`
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`If plaintiff was a student, the name
`and address of the school attended and the
`dates, if any when plaintiff was absent
`from school.
`
`(a)
`
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`hospital, clinic or other medical
`institutions expenses;
`
`(b)
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`x-rays;
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`11. Set forth the total amounts claimed to have been spent or incurred by or on behalf of each
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`plaintiff (setting forth the name of each provider of services along with the amount of the bill and dates
`of treatment or consultation) for:
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`12. State in what respect each plaintiff has sustained a serious injury as defined in Article 51
`
`of the Insurance Law of the State of New York and/or economic loss greater than basic economic loss
`as defined in Section 5102 of the Insurance Law of the State of New York.
`
`
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`
`
`
`(c)
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`physician and other health provider services;
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`(d)
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`nurses' services;
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`(e) medical supplies;
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`(f)
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`(g)
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`loss of earnings and the basis of
`computation thereof; and
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`amount and nature (describing in detail of
`any other special damages claimed).
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`18 of 46
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`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`13. Pursuant to CPLR 3118 demand is hereby made that you furnish the undersigned with a
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`verified statement setting forth the office address and residence of each plaintiff indicating the street and
`number, City and State.
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`14. Set forth the title, chapter and section of every statute, ordinance, regulation and rule
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`which plaintiff claims to be either applicable to the occurrence or to have been violated by defendant.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that in the event you have no knowledge of any or all of
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`the above, same shall be so stated.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that these are continuing demands and supplemental
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`responses up to the time the case is placed on the trial calendar are required.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a Bill of
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`Particulars within the said period of thirty (30) days, a motion will be made for an order precluding you
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`from giving any evidence at the trial of the above items for which particulars have not been delivered in
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`accordance with said demand.
`
`Dated: April 19, 2024
`
`Melville, New York
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`Yours, etc.
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`By: ____________________________
` JOHN J. KEARNEY
`Attorneys for Defendant
`SCOTT BUTLER
`Mailing Address:7
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024042645
`
`
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`7 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`
`19 of 46
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`

`

`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`TO:
`
`OREMLAND LAW GROUP, P.C.
`Attorney for Plaintiff
`DEANGELIS ACOSTA TORRES
`1700 Grand Concourse, Suite 3K
`Bronx, New York 10457
`(718) 367-1700
`
`
`20 of 46
`
`

`

`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`DEANGELIS ACOSTA TORRES,
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No.: 602202/2024
`
`COMBINED DEMANDS
`
`
`
`
`
`-against-
`
`
`SCOTT BUTLER,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`C O U N S E L :
`
`
`
`PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands upon you,
`
`returnable at the office of the undersigned on the 22nd day of May, 2024.
`
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`
`Demand for the Names and Addresses of all Witnesses;
`
`Demand for Expert Information;
`
`Demand for the Discovery and Inspection of any Statement by or on
`behalf of a Party Represented by the Undersigned;
`
`4.
`
`
`5.
`
`6.
`
`7.
`
`8.
`
`Notice of Discovery and Inspection for Medical Information and
`Authorizations;
`
`
`
`
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`Notice of Discovery and Inspection of Photographs;
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`Demand for Income Tax Returns.
`
`Demand for Collateral Source.
`
`Demand for Employment Records.
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`
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`
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`That, in lieu of the foregoing, you may submit readable photocopies of the aforesaid documents
`
`by mailing them to the LAW OFFICE OF ERIC D. FELDMAN, P.O. Box 2903, Hartford, CT 06104-
`2903, on or before the date the documents are to be produced.
`
`
`21 of 46
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`

`

`FILED: NASSAU COUNTY CLERK 04/19/2024 08:00 AM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 602202/2024
`
`RECEIVED NYSCEF: 04/19/2024
`
`DEMAND FOR THE NAMES AND ADDRESS OF WITNESSES
`
`(a)
`
`(b)
`
`
`The occurrence alleged in the Complaint; or
`
`Any acts, omissions or conditions which allegedly caused the occurrence
`alleged in the Complaint; or
`
`(d)
`
`
`The nature and duration of any alleged condition which allegedly caused
`the occurrence alleged in the Complaint.
`
`
`PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR
`
`3101(a), that you set forth in writing and under oath, the name and address of each person claimed by
`any party you represent, to be a witness to any of the following;
`
`
`
`
`
`
`Any actual notice all
`(c)
`
`egedly given to defendant or
`
`
`any servant, agent or employee of defendant of any
`
`
`condition which allegedly caused the occurrence
`
`
`alleged in the Complaint; or
`
`
`
`
`If no such witnesses are known to you, so state in the sworn reply to this Demand. The
`
`undersigned will object upon trial to the testimony of any witnesses not so identified.
`
`
`DEMAND FOR EXPERT INFORMATION
`
`
`PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant to CPLR
`
`Section 3101(d), that you set forth, in writing and under oath, the following information for each party
`you represent, after each expert is retained and prior to filing a Note of Issue:
`
`
`
`
`
`
`
`
`
`
`
`
`
`If no such witnesses are known to you, so state in the sworn reply to this Demand. The undersigned
`will object upon trial to the testimony of any witness not so identified.
`
`
`
`(a)
`
`
`
`