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`DMD/am 33-160
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs
`-agamst-
`ANAM SARFARAZ, M. D., MUSTAFA
`AL-ROUBAIE, M. D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`-X
`Index No. 605042/2023
`VERIFIED ANSWER
`-X
`Defendant, MUSTAFA AL-ROUBAIE, M. D., by his attorneys, WAGNER, DOMAN,
`LETO & DI LEO, P. C., answering the complaint of the Plaintiffs herein, upon infonnation and
`belief:
`1.
`Denies each and every allegation contained in paragraphs designated "10",
`"II", "12", "13" "25", "26", "27", "28", "33", "34", "35", "36", "41", "42", "43", "46", "47",
`"48", "49", "50" and "51".
`2.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`allegations contained in paragraphs designated "I", "2", "3", "4", "5", "6", "7", "8", "17",
`"18", "19". "20". "21". "22". "23". "24" and "45".
`3.
`Demes any knowledge or information thereof sufficient to form a belief as to the
`allegations contained in paragraphs designated "14", "15", "16", "30", "31", "32", "38", "39"
`and "40" in the form alleged.
`4.
`Answering paragraph "44", defendant repeats, reiterates, and realleges above
`denials for paragraphs designated "1" through "43".
`

`

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`5.
`Defendant, MUSTAFA AL-ROUBAIE, M.D., demands that the liability, if any,
`be apportioned.
`AS AND FOR A FIRST, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`6.
`The alleged cause of action sounding in medical malpractice is barred by the
`statute of limitations in that the plaintiff failed to bring this action within two and one-half (2-
`1/2) years as set forth in Section 214-a of the CPLR.
`AS AND FOR A SECOND, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAD^T, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`7.
`The alleged cause of action asserted by the plaintiff(s) in paragraphs " 1" through
`"51" fails to state a cause of action in that they do not contain any allegations of injury to the
`plaintiff(s) for which the answering defendant(s) can be held liable.
`AS AND FOR A THIRD, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`8.
`Upon information and belief, any damages sustained by the plaintiffs was/were
`caused in whole or in part by the culpable conduct of the plaintiff and/or damages were
`aggravated by the culpable conduct of the plaintiff(s),
`AS AND FOR A FOURTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`9.
`Defendant will rely upon the provision of Article 16 of the CPLR with regard to
`the limitation of joint and several liability.
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
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`AS AND FOR A FIFTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`10. Any award to plaintiff for the cost of medical care, custodial care or
`rehabilitation services, loss of earnings or other economic loss should be reduced by the
`amount such expense has been or will be replaced or indemnified in whole or in part from any
`collateral source in accordance with the provisions and limitations set forth in CPLR § 4545.
`AS AND FOR A SIXTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`11. Answering defendant will rely upon the New York General Obligations Law §
`15-108, and is thereby entitled to a set-off of damages based on any prior settlements regarding
`the injuries alleged in this lawsuit.
`AS AND FOR A SEVENTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAWT, ANSWERD^G DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`12.
`That pursuant to the "Coronavims Aid Relief and Economic Security Act"
`signed into law on March 27, 2020, MUSTAFA AL-ROUBAIE, M.D., is immune from any
`cause of action arising under the Federal or State law for any harm caused by an act or
`omission of the professional in the provision of health care services during the COVID-19
`public health emergency.
`AS AND FOR AN EIGHTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERWG DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`13.
`That this matter is barred pursuant to the applicable provision of New York
`Emergency or Disaster Treatment Act, Art 30-D, N. Y. Public Health Law §§3080-82, as
`

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`enacted on April 3, 2020 New York Executive Order 202. 10, and any and all related Executive
`Orders issued by the Governor of the State of New York.
`AS AND FOR A NINTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAINT, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`14.
`That this matter is barred pursuant to the applicable provisions of the Public
`Readiness and Emergency Preparedness Act.
`AS AND FOR A TENTH, SEPARATE AND COMPLETE
`AFFIRMATIVE DEFENSE TO THE CAUSES OF ACTION IN THE
`COMPLAD^T, ANSWERING DEFENDANT ALLEGES UPON
`INFORMATION AND BELIEF:
`15.
`That at all times, MUSTAFA AL-ROUBAIE, M. D., acted within the scope of
`the crisis standards of care, as well as the standards of care in place in the location in question
`at the time of the COVID-19 emergency.
`WHEREFORE, defendant, MUSTAFA AL-ROUBAIE, M. D., demands judgment
`dismissing the complaint herein together with interest, costs, disbursements, or judgment over,
`as may be required by law.
`Dated: May 19, 2023
`Mineola, New York
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`'%^
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M.D
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 605042/2023
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`5 of 32
`
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516) 569-3300
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`6 of 32
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`--X
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`Index No. 605042/2023
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`-against-
`ANAM SARFARAZ, M.D., MUSTAFA
`AL-ROUBAIE, M. D, ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`-X
`COUNSELORS:
`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 the receipt of this
`demand.
`In the event of your failure to comply with this demand for a verified bill of
`particulars within that time, 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:
`1. The dates and times of day of the alleged negligent acts and/or omissions
`which will be alleged and claimed against the answering defendant herein.
`2. The exact location of the alleged negligent acts and/or omissions charged
`against the answering defendant herein.
`3. A statement of each and every act of negligence or omission, which
`constituted the alleged malpractice complained of with the date of each if different from the
`dates in Paragraph 1.
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
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`4. State the names of each and every person who performed such acts or failed
`to act; if the names are not known, describe the physical appearances with sufficient clarity for
`ready identification.
`5. State the occupation of each such person.
`6. A statement of the accepted medical practices, customs and medical
`standards, which it is claimed were violated in each of the above acts or omissions.
`7. State whether or not any claim is made as to improper, unavailable or
`defective equipment, and if so, identify the equipment and state the defective conditions.
`8. State what laws of the State of New York were allegedly violated by the
`answering defendant herein as to:
`(a) The performance of the operation;
`(b) The parts of the body operated upon; and
`(c) Any other procedure or treatinent performed by the answering
`Defendants/ Respondent herein.
`9. List any operation, procedure or therapy which is claimed to be improper.
`10. Describe the manner of the alleged mipropriety referred to in Item 9
`11. State:
`(a) The injuries the Plaintiff suffered as the result of the alleged negligence
`and/or malpractice of each defendant responsible. State which injuries are claimed to be
`permanent.
`12. State the dates the Plaintiff was confined to each of the following:
`(a) bed;
`(b) house;
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`(c) hospital, with names and addresses.
`13. State separately the total amounts claimed by the Plaintiff as special
`damages for each of the following:
`(a) physicians' services;
`(b) nurses' services,
`(c) medical expenses;
`(d) hospital expenses, with the names and address of all hospitals;
`(e) loss of earnings;
`(f) any other expenses.
`14. State the
`(a) occupation of the plaintiff
`(b) name and address of plaintiff s employer; if self-employed, state the
`address of plaintiff s place of employment and the type of business or occupation in which
`Plaintiff was engaged immediately prior to the occurrence;
`(c) The length of time Plaintiff was unable to attend to plaintiffs
`employment, with dates;
`(d) The amount of money Plaintiff was alleged to have earned during the year
`prior to the occurrence;
`(e) The amount of earnings the Plaintiff was alleged to have lost as a result of
`the occurrence.;
`15. State the date of plaintiff s birth.
`16. State residence address of plaintiff.
`17. A. If wrongful death is claimed:
`8
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
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`(a) State the date of birth and date of death of the decedent.
`(b) State the decedent's domicile at death;
`(c) State cause of death of the decedent;
`B. If wrongful death is claimed with respect to pecuniary loss sustained by
`the next of kin as a result of the death of decedent, state:
`(a) The names and addresses of the next of kin who received financial
`support from the deceased at the time of plaintiff s death.
`(b) The specific amount received by each of the next of kin from the
`deceased during the five-year period immediately prior to plaintiffs death.
`18. If a claim is made regarding lack of information or disclosure, set forth:
`(a) A summary of the information given to the plaintiff;
`(b) A summary of the infonnation which should have been given to the
`plaintiff;
`(c) A summary of all the information in possession of Plaintiff from whatever
`source obtained;
`(d) A description of any alternative treatment which Plaintiffwould have
`chosen, with the basis therefor;
`(e) Whether Plaintiff consented to any treatment whatsoever and describe
`extent of consent and any restrictions or limitations.
`19. List the names and addresses of all hospitals and physicians that treated
`Plaintiff during plaintiffs entire life.
`20. Set forth any statutory violations that will be claimed, with proper citations
`thereof.
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
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`10 of 32
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`21. Set forth all amounts which have been received from collateral sources and
`identify the source thereof.
`Dated: May 19, 2023
`Mineola, New York
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516) 569-3300
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`'%4^
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M. D,
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`10
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 605042/2023
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`RECEIVED NYSCEF: 05/22/2023
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`11 of 32
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-against-
`ANAM SARFARAZ, M. D., MUSTAFA
`AL-ROUBAIE, M. D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`Index No. 605042/2023
`NOTICE TO
`TAKE DEPOSITION
`UPON ORAL
`EXAMINATION
`-X
`COUNSELORS:
`PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law
`and Rules that the testimony upon oral examination of plaintiff, as an adverse party, will be
`taken before a notary public who is not an attorney, or employee of an attorney for any party or
`prospective party herein and is not a person who would be disqualified to act as a juror because
`of interest or because of consanguinity or affinity to any party herein, at the office of the
`undersigned on the 19 day of July, 2023 at 10:00 in the forenoon of that day with respect to
`evidence material and necessary in the prosecution/defense of this action.
`Said person to be examined is required to produce at such examination any and
`all books, papers, records, photographs, documents, etc., relating to the within action.
`Dated: May 19, 2023
`Mineola, New York
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`- (f'ttju^
`11
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 605042/2023
`
`RECEIVED NYSCEF: 05/22/2023
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`12 of 32
`
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M. D.,
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516) 569-3300
`12
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`RECEIVED NYSCEF: 05/22/2023
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`13 of 32
`
`Index No. 605042/2023
`NOTICE TO PRODUCE
`EXPERT WITNESS
`INFORMATION
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-X
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-against-
`ANAM SARFARAZ, M. D., MUSTAFA
`AL-ROUBAIE, M. D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`-X
`COUNSELORS:
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101 (d), the Plaintiff is
`hereby required to produce the following at the office of the undersigned:
`1.
`State the name and address of every expert retamed or employed by you
`in anticipation of this litigation or preparation for trial whom you expect to call as a witness at
`the trial.
`2.
`Disclose in reasonable detail the qualifications of each expert witness. In
`a medical malpractice case include the following:
`a.
`in the case of a board-certified expert, the name of the certiiying
`board and the year of certification;
`b.
`the states in which the expert is licensed;
`c.
`the title of any text authored, contributed to, or edited by, the
`expert, together with an appropriate citation (by name of publication, volume number, date, or
`other appropriate identifying matter);
`d.
`the undergraduate school attended by such expert, with year of
`graduation;
`graduation; and
`e.
`the medical school attended by such expert, with the year of
`13
`

`

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`NYSCEF DOC. NO. 6
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`14 of 32
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`f.
`the institutions attended by the expert in connection with any
`internship, residency, fellowship, or other specialized training, and the dates of such attendance.
`3.
`Disclose in reasonable detail the subject matter on which each expert is
`expected to testify.
`4.
`Disclose in reasonable detail the substance of the facts and opinions on
`which each expert is expected to testify.
`5.
`Disclose in reasonable detail a summary of the grounds for each expert's
`opimon.
`PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand
`for information regarding experts retained by you for trial. Failure to comply with this notice
`in a timely manner shall be grounds for an order precluding you from offering the testimony at
`trial of any expert witness whose name and expected testimony is not disclosed, striking the
`complaint, dismissing the action and/or such other and further relief as the Court deems just
`under the circumstances.
`Dated: May 19, 2023
`Mineola, New York
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`^. }^^
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M. D.,
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`14
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`RECEIVED NYSCEF: 05/22/2023
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`15 of 32
`
`566 Sunset Drive
`Woodmere, NY11598
`(516)569-3300
`15
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
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`16 of 32
`
`-X
`Index No. 605042/2023
`DEMAND FOR SOCIAL
`MEDIA INFORMATION
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-against-
`ANAM SARFARAZ, M. D., MUSTAFA
`AL-ROUBAIE, M.D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`-X
`COUNSELORS:
`PLEASE TAKE NOTICE, that pursuant to CPLR Section 3120, you are hereby
`required to forward to WAGNER, DOMAN, LETO & DI LEO, P. C, 227 Mineola Boulevard,
`Mineola, New York 11501, attorneys for defendant, MUSTAFA AL-ROUBAIE, M. D., within
`twenty (20) days, duly executed and acknowledged written authorizations to obtain full access
`to and copies of all of plaintiff s current and historical Facebook, Twitter, My Space, Instagram
`and Linkedin accounts for the period of one (1) year prior to the day of loss, in this matter to
`the present. (See Romano v. Steelcase, Inc., 30 Misc. Sd 426 [Sup. Ct Suffolk County 2010];
`Servilliv. Westchester, Index No. 19051/2007, Decision 12/21/2010 [Sup. Ct. Westchester
`County 2010]).
`1.
`Authorizations shall pennit the release and complete copies of said accounts
`including but not limited to: all records, information, photographs, videos, comments,
`messages and posting on Facebook, Twitter, MySpace, Instagram and Linkedin accounts.
`16
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`17 of 32
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`2.
`Authorizations shall include the name, username, screen name and e-mail
`account used in creating each and every Facebook, Twitter, MySpace, Instagram and Linkedin
`accounts.
`3.
`The authorizations shall allow access to the requested records and shall be
`directed to the following:
`Linkedin Corporation, Attention: Legal Department, 2029 Stierlin Court,
`Mountain View, CA 94040;
`Facebook, Attention: Security Department, 1601 South California Avenue, Palo
`Alto, CA 94304;
`Twitter, Inc. c/o Trust & Safety, 795 Folsom Street, Suite 600, San Francisco,
`CA 94107;
`MySpace, 2021 Avenue of the Start, Suite 700, Los Angeles, CA 90067;
`Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025.
`(Authorizations must specify the user ID for the account, the password associated with the
`account, the user's zip code, and the date of birth.)
`In lieu of producing said items at the office of the undersigned, said
`authorizations may be submitted by mail to the undersigned before the return date of the within
`Notice.
`If Plaintiff was not a registered user ofFacebook, Twitter, MySpace, Instagram
`and Linkedin during the requested time period. Defendants/ Respondent demand a statement
`from plaintiff(s), under oath, to that effect.
`PLEASE TAKE FURTHER NOTICE, that your failure to comply with this demand
`within a reasonable amount of time or to move on a timely basis for a protective order will
`result in a motion being made to compel your compliance.
`Dated: May 19, 2023
`Mineola, New York
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`17
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 605042/2023
`
`RECEIVED NYSCEF: 05/22/2023
`
`18 of 32
`
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M. D.,
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516)569-3300
`18
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 605042/2023
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`RECEIVED NYSCEF: 05/22/2023
`
`19 of 32
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-agamst-
`ANAM SARFARAZ, M.D., MUSTAFA
`AL-ROUBAIE, M.D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`Index No. 605042/2023
`DEMAND FOR
`COLLATERAL SOURCE
`^FORMATION
`PURSUANT TO
`CPLR 4545(a)
`-X
`COUNSELORS:
`PLEASE TAKE NOTICE, that pursuant to CPLR 4545(a) the defendant
`demands within twenty (20) days from the date hereof Plaintiff serve a verified statement
`setting forth:
`1. Whether Plaintiff has been reimbursed or indemnified for economic loss
`claimed in this action from any collateral source:
`a. If the answer to the foregoing is in the affirmative, state for which of such
`claims Plaintiff has received payment, the amount thereof, and the name and address of the
`person, firm, or organization who made such payment;
`b. If such payment was made by an insurance company, state the niimber of the
`policy under which it was paid.
`2. Whether Plaintiff has made a claim for payment for economic loss which has
`not as yet been paid:
`

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`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`a. If the answer to the foregoing is in the affirmative, state the name of the
`person, firm or organization to whom such claim was presented, or the date of presentation, and
`the amount claimed.
`b. If such claim was presented to an insurance company, state the number of the
`policy under which same was made.
`FAILURE TO COMPLY with the within demand will be the basis for a motion
`seeking appropriate relief.
`Dated: May 19, 2023
`Mineola, New York
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516)569-3300
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`^. ^^^
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M. D.,
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`20
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`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 605042/2023
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`21 of 32
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`Index No. 605042/2023
`NOTICE FOR DISCOVERY
`AND INSPECTION OF
`DOCUMENTS
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`-X
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-against-
`ANAM SARFARAZ, M. D., MUSTAFA
`AL-ROUBAIE, M. D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`-X
`COUNSELORS:
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e), you are required to
`produce at the office of the undersigned attorneys within twenty (20) days from the date hereof
`the following documents for discovery and inspection:
`1. All writings and/or documents made by this defendant, including but not
`limited to bills, records, reports, correspondence, notes, insurance forms, prescriptions, and any
`other memoranda in possession or control of Plaintiff or plaintiffs representative and/or
`attorney.
`2. Any and all written statements made by this defendant, and any and all
`transcripts, notes or other recordings of any and all oral statements made by this defendant.
`PLEASE TAKE FURTHER NOTICE that this defendant will object to the
`introduction of any mentioned documents in evidence at trial if the Plaintiff fails to comply
`with this notice.
`Dated: May 19, 2023
`Mineola, New York
`Yours, etc.,
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 605042/2023
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`RECEIVED NYSCEF: 05/22/2023
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`22 of 32
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`WAGNER, DOMAN, LETO & DI LEO, P. C.
`H-^Ku^
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFA AL-ROUBAIE, M. D.,
`227 Mineola Boiilevard
`Mineola, NY 11501
`(516) 742-1444
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516)569-3300
`22
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 605042/2023
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`RECEIVED NYSCEF: 05/22/2023
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`23 of 32
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-against-
`ANAM SARFARAZ, M.D., MUSTAFA
`AL-ROUBAIE, M. D., ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`Index No. 605042/2023
`NOTICE FOR
`AND INSPECTION
`DISCOVERY
`COUNSELORS:
`PLEASE TAKE NOTICE, that the undersigned attorneys demand that you
`furnish the following items within twenty (20) days of the service of this demand:
`1. Pursuant to CPLR 3120 and the rules of this court governing the exchange of
`medical reports, you are required to serve upon and deliver to the undersigned, copies of all
`medical reports of those physicians who have treated or examined the party seeking recovery,
`including a detailed recital of the injuries and conditions complained of.
`Further, you are to include duly executed and acknowledged written
`authorizations pennitting the undersigned to obtain and make copies of all hospital and
`physician's records for those institutions and physicians that have treated the plaintiff. The
`authorizations must include:
`a. Full name and address of physician and/or hospital;
`b. Specialty of said physician;
`c. Dates of treatment;
`d. Plaintiffs full name and address;
`e. Identifying information necessary to acquire records;
`i. hospital identification number;
`Security number;
`ii. Blue Cross/Blue Shield identifying number if different from Social
`5
`iii. Social Security number;
`iv. date of birth;
`f. Full name and address of employer;
`g. Dates of employment;
`23
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`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
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`24 of 32
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`h. Full name and address of pharmacy;
`i. Prescription numbers.
`j. PLEASE NOTE: If authorizations for both records and radiographic studies
`are demanded, se arate authorizations are re nested.
`2. Pursuant to Rule 2103(e) of the CPLR, the names and addresses of each party
`appearing in this action for the purpose of service of papers.
`3. Pursuant to Section 3101 (e) of the CPLR, a copy of any statement given by
`or on behalf of any answering defendant serving this demand.
`4. Name and address of any witness known to the plaintiffs attorney, including
`witnesses to admissions, notice, conversations or alleged daaiages. Specify the name and
`address of any witness to each of the following, including but not limited thereto:
`a. The occurrence alleged in the complaint;
`b. Any acts, omissions or conditions which allegedly caused the occurrence
`alleged in the complaint;
`c. Any actual notice allegedly given to the Defendants/ Respondent answering
`herein of any condition which allegedly caused the occurrence alleged in the complaint;
`d. The nature and duration of any alleged condition which allegedly caused the
`occurrence alleged in the complaint;
`e. Any statement or admission made by defendant or defendant's agents,
`servants, or employees.
`f. The nature and duration of any alleged damage which allegedly arose from
`the occurrence alleged in the complaint.
`5. The full caption of each and every lawsuit brought on plaintiffs behalf to
`recover damages for any connected or aggravated injuries allegedly caused and sustained by
`reason of the acts of one or more preceding joint, concurrent and/or succeeding tort feasors,
`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 the litigants;
`f.
`Status of lawsuit-
`i.
`if noticed for trial, please specify the date;
`ii.
`if settled, annex a copy of each release delivered indicatmg the amounts
`contributed by each defendant;
`iii.
`if discontinued without payment, annex a copy of each stipulation so
`delivered to each defendant;
`iv.
`if tried, annex a copy of the judgment with notice of entry;
`24
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`RECEIVED NYSCEF: 05/22/2023
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`25 of 32
`
`v.
`if judgment was satisfied, set forth date and amount of payment and
`annex a copy of satisfaction and judgment.
`6.
`Photographic prints of photographs, slides, moving pictures, videotapes
`or any other visual statements under the control of plaintiff, its agents or attorneys, still or
`moving which depict:
`a.
`the scene of the occurrence alleged in plaintiffs complaint;
`b.
`the scene of the occurrence alleged in plaintiffs complaint
`immediately prior thereto;
`c.
`d.
`immediately thereafter.
`the occurrence alleged in plaintiffs complaint;
`the scene of the occurrence alleged in the plaintiffs complaint
`e.
`any condition which allegedly caused or contributed to the
`occurrence alleged in plaintiffs complaint which Plaintiff intends to use and introduce into
`evidence at the ti-ial of this action.
`7.
`Copies of any photographs, slides or other still picture of the Plaintiff or
`plaintiffs physical condition that were taken and which Plaintiff intends to introduce into
`evidence at the trial of this action. If photographs to be exchanged were taken by a regular
`camera or by digital means, then identify who took the photographs the Plaintiff is relying on;
`where the photographs are digitally saved; when the photographs were taken; and whether all
`photographs were exchanged that were taken for the purpose of disclosure, if any photographs
`were deleted, re-cut, re-sized, enhanced, cropped, edited, filtered or digitally revised in any
`manner.
`8.
`Copies of any films or videotapes taken which show plaintiffs condition
`which Plaintiff intends to produce and enter into evidence at ta-ial of this action. All films or
`videotapes taken or made shall be produced without any editing in addition to any edited
`version thereof.
`9.
`The defendant demands to be notified at least 20 days in advance of any
`filming or videotaping or photographing of the Plaintiff or plaintiffs condition taken by
`Plaintiffor at plaintiffs direction or for Plaintiff by others which is done to provide the jury in
`this action with a "Day in the Life" of the Plaintiff or similar production depicting plaintiffs
`abilities. The defendant will object under the niles of this Coiirt to any offer of such films,
`videotapes or photographs at the trial for the action if this demand is not met within the time
`period provided.
`10.
`Copies of any scripts, including drafts thereof, and complete copies of
`only "voice-overs" without editing, for the inclusion in the above as audio enhancement.
`25
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
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`INDEX NO. 605042/2023
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`RECEIVED NYSCEF: 05/22/2023
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`26 of 32
`
`11.
`The defendant demands to be present during any pre-production meeting,
`editing session, fikning, videotaping or photographing, or post-production meeting or session
`involved in the preparation of any films, videotapes or still photographs taken in this matter.
`12.
`The defendant demands the right to film, photograph or videotape the
`actual occurrences cited in numbers "7" and "11" above.
`PLEASE TAKE FURTHER NOTICE that the within demand is a continuing
`demand. In the event any of the above items are obtained after service of this demand, they are
`to be furnished to this office.
`FAILURE TO COMPLY with this demand will be the basis of a motion seeking
`appropriate relief.
`Dated: May 19, 2023
`Mineola, New York
`TO:
`SHELDON E. GREEN
`Attorneys for Plaintiff
`566 Sunset Drive
`Woodmere, NY11598
`(516) 569-3300
`Yours, etc.,
`WAGNER, DOMAN, LETO & DI LEO, P. C.
`hl.
`^isi
`i^
`By:
`Diana M. D'Alessio Di Leo
`Attorneys for Defendants
`MUSTAFAAL-ROUBAIE, M. D.,
`227 Mineola Boulevard
`Mineola, NY 11501
`(516)742-1444
`26
`

`

`FILED: NASSAU COUNTY CLERK 05/22/2023 04:18 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. 605042/2023
`
`RECEIVED NYSCEF: 05/22/2023
`
`27 of 32
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`GORDON N. ROSALES AND NEIDE M. ROSALES,
`Plaintiffs,
`-agamst-
`ANAM SARFARAZ, M. D, MUSTAFA
`AL-ROUBAIE, M.D, ADVANTAGECARE
`PHYSICIANS, LIJ VALLEY STREAM and
`NORTHWELL HEALTH,
`Defendants.
`-X
`Index No. 605042/2023
`NOTICE PURSUANT
`TOCPLR§2103
`COUNSELORS:
`PLEASE TAKE NOTICE that pursuant to CPLR §2103 the defendant herein
`