FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
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`RECEIVED NYSCEF: 04/08/2024
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`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS
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`
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`Plaintiff,
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`
`
`-against-
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`
`
`NORTH SHORE FARMS TWO, LTD,
`
`
`Defendants.
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`
`
`
`
`------------------------------------------------------------------X
`
`
`
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`
`
`Index No.: 617232/2023
`
`VERIFIED ANSWER
`
`The defendant(s), NORTH SHORE FARMS TWO, LTD, answering the Verified
`
`Complaint of plaintiff, allege(s) upon information and belief, the following:
`
`FIRST: Denies any knowledge or information sufficient to form a belief as to the truth
`
`or falsity of the allegations contained in paragraphs of the Verified Complaint designated “1”
`
`and “2”.
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`SECOND: Denies each and every allegation contained in the paragraph of the Verified
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`Complaint designated “3”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”,
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`“33” and “35”, and respectfully refers all questions of law and fact contained therein to the Trial
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`Court.
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` THIRD: Denies each and every allegation contained in the paragraphs of the Verified
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`Complaint designated “5” except admits that Defendant NORTH SHORE FARMS TWO, LTD.
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`is a corporation duly organized under the laws of the State of New York.
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` FOURTH: Denies each and every allegation contained in the paragraphs of the Verified
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`Complaint designated “6” except admits that Defendant NORTH SHORE FARMS TWO, LTD.
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`is a corporation duly organized and authorized under the laws of the State of New York.
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`1 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
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`INDEX NO. 617232/2023
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`RECEIVED NYSCEF: 04/08/2024
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` FIFTH: Denies each and every allegation contained in the paragraphs of the Verified
`
`Complaint designated “7”, “8”, and “9”.
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` SIXTH: Denies any knowledge or information sufficient to form a belief as to the truth
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`or falsity of the allegations contained in paragraphs of the Verified Complaint designated “13,
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`“14”, “15”, “16”, “17”,”18”, “19”, “20”, “21” and “34” and respectfully refers all questions of
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`law to the Trial Court.
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`AS AND FOR A FIRST SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
` That by entering into the activity in which plaintiff was engaged at the time of the
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`occurrence set forth in the Complaint, said plaintiff knew the hazards thereof, the risks inherent
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`thereto and had full knowledge of the dangers thereof; that whatever injuries and damages were
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`sustained by plaintiff as alleged in the Complaint arose from and were caused by reason of such
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`inherent risks voluntarily undertaken by the plaintiff in his/her activities and such risks were
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`assumed and accepted by him/her in performing and engaging in said activities.
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`
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`AS AND FOR A SECOND SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
`That all the dangers and risks incident to the situation referred to in plaintiff’s Verified
`
`
`
`Complaint were open, obvious and apparent, and were known and assumed by plaintiff.
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`AS AND FOR A THIRD SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
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`That the plaintiff's alleged damages representing the cost of medical care, dental care,
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`custodial care or rehabilitation services, loss of earnings or other economic loss were or will,
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`with reasonable certainty, be replaced or indemnified, in whole or in part, by or from a collateral
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`source and this Court shall, pursuant to CPLR Section 4545, reduce the amount of such alleged
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`damages by the amount such damages were or will be replaced or indemnified by such collateral
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`source.
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`2 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`AS AND FOR A FOURTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
`Answering defendant(s) responsibility for non-economic loss, if any, which is expressly
`
`denied herein, is less than 50% of any responsibility attributed to any tortfeasor, whether or not a
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`party hereto, who is or may be responsible for the happening of plaintiff's alleged accident and,
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`thus, such party is entitled to a limitation of damages as set forth in CPLR Article 16.
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`AS AND FOR A FIFTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
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`The injuries and damages allegedly sustained by plaintiff were caused in whole or in part
`
`by the culpable conduct of plaintiff, including negligence and assumption of risk, as a result of
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`which the claim of plaintiff is therefore barred or diminished in the proportion that such culpable
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`conduct of plaintiff bears to the total culpable conduct causing the alleged injuries and damages.
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`AS AND FOR A SIXTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
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`The Verified Complaint fails to state a cause of action upon which relief can be granted
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`as to this party.
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`AS AND FOR A SEVENTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
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`Upon information and belief plaintiff(s) failed to mitigate damages.
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`AS AND FOR AN EIGHTH SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE
`That plaintiff’s own actions were the sole proximate cause of any claimed injuries
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`
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`sustained by plaintiff.
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`
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`WHEREFORE, this party demands judgment dismissing the action herein, together with
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`costs and disbursements.
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`Dated: April 8, 2024
`
`Melville, New York
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`3 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`Yours, etc.
`LAW OFFICE OF ERIC D. FELDMAN
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`
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`By: ____________________________
` JENNIFER M. BELK
`Attorneys for Defendants
`NORTH SHORE FARMS TWO, LTD
`Mailing Address:1
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024036941JMB
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`TO:
`CHERNYY & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`ELAINE M. PAPPAS
`1901 Emmons Avenue, Suite 201
`Brooklyn, New York 11235
`(718) 682-3939
`
`
`
`1 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`4 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
`STATE OF NEW YORK
`
`
`
`
`COUNTY OF SUFFOLK
`
`
`
`)
`)ss:
`)
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`
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`
`
`ATTORNEY’S VERIFICATION
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`
`
`The undersigned, an attorney duly admitted to practice law in the Courts of the State of
`
`New York, states as follows:
`
`
`
`Affirmant is associated with the LAW OFFICE OF ERIC D. FELDMAN, the attorneys
`
`for the defendant(s), NORTH SHORE FARMS TWO, LTD, and has read the foregoing Answer,
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`and knows the contents thereof and that the same is true to the best of affirmant’s knowledge,
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`except as to those matters therein stated to be alleged upon information and belief and as to those
`
`matters affirmant believes to be true.
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`
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`That the reason this verification is made by affirmant and not by the defendant(s) is
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`because the defendant(s) is/are not within Suffolk County where the attorney maintains his/her
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`office; and that the source of affirmant’s knowledge and the grounds of belief as to those matters
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`therein stated to be alleged upon information and belief are correspondence and investigations
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`which have been made concerning the subject matter in this action and which are in the
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`possession of the said attorneys.
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`
`
`The undersigned affirms that the foregoing statements are true, under the penalties of
`
`perjury.
`
`DATED: April 8, 2024
`
` Melville, NY
`
`
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`____________________________________
`
`JENNIFER M. BELK
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`5 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS ,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
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`
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`
`
`
`
`
`
`
`
`
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`
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`NORTH SHORE FARMS TWO, LTD,
`
`
`Defendants.
`
`
`
`
`
`------------------------------------------------------------------X
`
`
`
`
`
`
`Index No.: 617232/2023
`
`EXCHANGE OF INSURANCE
`INFORMATION
`PURSUANT
`TO CPLR §3101(f) and
`§3122(b)
`
`
`Defendants, by their attorney the Law Office of ERIC D. FELDMAN, as and for its
`
`Exchange of Insurance Information Pursuant to CPLR §3101(f) and §3122(b) sets forth the
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`following:
`
`
`
`1.
`
`Annexed hereto as Exhibit A is a copy of the Declaration Sheet for the policy in
`
`force on the alleged date of loss.
`
`
`
`2.
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`The Claim Professional assigned to the handling of this action is Kevin Cronin and
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`their email address is: KMCRONIN@travelers.com
`
`
`
`Should you require additional documentation or certification pursuant to the CPLR, please
`
`advise and we shall further supplement this response accordingly. Otherwise, we will assume this
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`disclosure is sufficient compliance.
`
`Dated: April 8, 2024
`
`Melville, New York
`
`
`
`
`
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`6 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
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`Yours, etc.
`LAW OFFICE OF ERIC D. FELDMAN
`
`By: ____________________________
` JENNIFER M. BELK
`Attorneys for Defendants
`NORTH SHORE FARMS TWO, LTD
`Mailing Address:2
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024036941JMB
`
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`TO:
`CHERNYY & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`ELAINE M. PAPPAS
`1901 Emmons Avenue, Suite 201
`Brooklyn, New York 11235
`(718) 682-3939
`
`
`
`
`
`2 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 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS,
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`Index No.: 617232/2023
`
`
`
`
`
`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`NORTH SHORE FARMS TWO, LTD,
`
`
`Defendants.
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`
`
`
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`------------------------------------------------------------------X
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`
`
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`COUNSELORS:
`
`
`
`PLEASE TAKE NOTICE that this answering party, represented by the LAW OFFICE
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`OF ERIC D. FELDMAN, the undersigned attorneys, requires that you serve upon said attorneys
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`within thirty (30) days after service upon you of a copy of this demand, a Verified Bill of
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`Particulars, setting forth the following:
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`Give the day, date and exact time of the occurrence alleged in the Complaint.
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`1.
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`2. With respect to the location where it is alleged the occurrence took place, state:
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`(a)
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`the address of the premises in, at or near where the occurrence took
`place;
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`(b)
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`the location where the occurrence took place as nearly as may be
`stated so as to permit ready identification and location;
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`(c) with regard to any stairway involved, specify the location of the
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`stairway and of the step from which plaintiff claims to have fallen
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`(street or ground floor to be counted as the first floor);
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`(d) with regard to any sidewalk involved, the location of the condition
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`of the sidewalk, setting forth the distance from the nearest curb or
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`intersecting street or from the building line or from another
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`described fixed object;
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`(e) with regard to any other floor or other surface, the location thereof
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`in sufficient detail to permit ready identification and location and
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`by distance from at least three described fixed objects;
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`8 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
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`(f)
`
`
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`the location within the premises of any involved equipment, party
`or appurtenance (describe in adequate detail to permit ready
`identification and location);
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`(g) with regard to any elevator involved the specific elevator involved
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`(if there were more than one) and on what floor (or between what
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`floors) was the elevator at the time of the occurrence.
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`4.
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`If any dangerous or defective condition is alleged:
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`(a)
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`State the nature of the alleged dangerous or defective condition;
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`(b)
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`set forth the exact location of the defect;
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`(c)
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`state whether it will be claimed that the answering defendant had
`actual or constructive notice of the said condition;
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`(d)
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`if actual notice is claimed, a statement of when and to whom same
`was given, stating the names and dates;
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`(e)
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`
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`if it is alleged that the answering defendant or the agent, servant,
`and/or employee of the answering defendant caused of created the
`condition, state the name of the person who caused or created the
`condition and the date when said condition was caused or created;
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`(f)
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`if constructive notice is claimed, state:
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`
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`(i)
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`nature of condition;
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`(ii)
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`location of condition;
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`Statement of the acts or omissions constituting the negligence claimed, if any, of
`3.
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`the answering defendant.
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`If it is claimed that the answering defendant breached any agreement, bailment,
`5.
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`contract, lease, permit or warranty, or is liable pursuant to the terms of any agreement, bailment,
`contract, lease permit or warranty:
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`(iii) duration of condition with date of inception to date
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`constructive notice will be claimed to be given the
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`answering defendant.
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`(a)
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`state whether such agreement, bailment, contract, lease, permit or
`warranty was oral or in writing;
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`9 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
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`(b)
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`If oral:
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`(i)
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`On what date was said agreement, bailment, contract, lease,
`permit or warranty entered into?
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`(ii) Who acted on behalf of each party to it?
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`(iii)
`
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`Set forth all of the terms and conditions of the agreement,
`bailment, contract, lease permit or warranty.
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`(c)
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`If in writing, set forth a full, true and complete copy of the
`agreement, bailment, contract, lease, permit or warranty.
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`7.
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`If strict liability is claimed against the answering defendant, state:
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`
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`(a)
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`the nature and basis of same; and
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`8.
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`the manner in which the answering defendant is strictly liable;
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`(b)
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`If a nuisance and/or trespass is claimed,
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`(a)
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`conditions allegedly constituting same;
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`(b)
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`nature of said condition; and
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`(c)
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`length of time it was in existence prior to the date of the
`occurrence.
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`State the manner in which it will be claimed that the answering defendant
`6.
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`breached its agreement, bailment, contract, lease, permit or warranty.
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`If res ipsa loquitor is claimed against the answering defendant, state the nature
`9.
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`and basis of same.
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`If it is claimed that the answering defendant violated any law, ordinance,
`10.
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`regulation, rule or statute, specify the title, chapter and section of the law, ordinance, regulation,
`rule or statute which it is alleged that the answering defendant violated.
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`11. State with respect to each plaintiff:
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`(a)
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`Plaintiff's place and date of birth, all other names by which each
`plaintiff has ever been known, and social security number. If
`plaintiff is a married woman, state maiden name.
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`(b) Plaintiff's occupation at the time of the occurrence, with a
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`description of plaintiff's duties;
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`10 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
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`INDEX NO. 617232/2023
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`RECEIVED NYSCEF: 04/08/2024
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`(c) The name and address of plaintiff's employer at the time of the
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`alleged occurrence.
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`(d)
`
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`(e)
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`
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`The daily or weekly earnings (gross and net) at the time of the
`occurrence.
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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,
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`the length of time including the specific dates that plaintiff was
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`allegedly incapacitated from attending to said employment.
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`(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.
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`(a)
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`hospital, clinic or other medical institutions expenses;
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`(b)
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`x-rays;
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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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`12. Set forth the total amounts claimed to have been spent or incurred by or on behalf
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`of each 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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`13. Set forth each and every injury and/or condition allegedly sustained by each
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`plaintiff as a result of the said occurrence indicating:
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`(f)
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`loss of earnings and the basis of computation thereof; and
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`(g)
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`amount and nature (describing in detail of any other special
`damages claimed).
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`(a)
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`its nature, extent, location and duration;
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`(b)
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`a complete description of any injury and/or condition claimed to be
`residual or permanent; and
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`11 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
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`(c)
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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.
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`(a)
`(b)
`(c)
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`
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`to bed;
`to house; and
`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.
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`14. Give the length of time and specific dates it is claimed that each plaintiff was
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`confined, by reason of the alleged injuries:
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`15. Pursuant to CPLR 3118 demand is hereby made that you furnish the undersigned
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`with a verified statement setting forth the office address and residence of each plaintiff indicating
`the street and number, City and State.
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`PLEASE TAKE FURTHER NOTICE, that in the event you have no knowledge of any
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`or all of the above, same shall be so stated.
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`PLEASE TAKE FURTHER NOTICE, that these are continuing demands and
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`supplemental responses up to the time the case is placed on the trial calendar are required.
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`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a
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`Bill of Particulars within the said period of thirty (30) days, a motion will be made for an order
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`precluding you from giving any evidence at the trial of the above items for which particulars
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`have not been delivered in accordance with said demand.
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`Dated: April 8, 2024
`Melville, New York
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`12 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`Yours, etc.
`LAW OFFICE OF ERIC D. FELDMAN
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`By: ____________________________
` JENNIFER M. BELK
`Attorneys for Defendants
`NORTH SHORE FARMS TWO, LTD
`Mailing Address:3
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024036941JMB
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`TO:
`CHERNYY & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`ELAINE M. PAPPAS
`1901 Emmons Avenue, Suite 201
`Brooklyn, New York 11235
`(718) 682-3939
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`3 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`13 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS,
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`
`
`
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`
`
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`
`
`
`-against-
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`
`NORTH SHORE FARMS TWO, LTD,
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`
`Defendants.
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`
`
`
`
`------------------------------------------------------------------X
`COUNSELORS:
`
` Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this
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`Index No.: 617232/2023
`
` DEMAND PURSUANT TO
` CPLR 3017 (c)
`
`Plaintiff,
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`
`
`
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`request, you are hereby required to set forth the total damages to which plaintiff(s) deems
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`himself/herself entitled and list same separately for each cause of action.
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`Dated: April 8, 2024
`Melville, New York
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`
`Yours, etc.
`LAW OFFICE OF ERIC D. FELDMAN
`
`By: ____________________________
` JENNIFER M. BELK
`Attorneys for Defendants
`NORTH SHORE FARMS TWO, LTD
`Mailing Address:4
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024036941JMB
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`TO:
`CHERNYY & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`ELAINE M. PAPPAS
`1901 Emmons Avenue, Suite 201
`Brooklyn, New York 11235
`(718) 682-3939
`
`
`4 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 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS,
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`
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`
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`
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`
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`Plaintiff,
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`
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`Index No.: 617232/2023
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` NOTICE FOR DISCOVERY AND
`INSPECTION AS TO
` LITIGATION FUNDING
`
`-against-
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`
`
`
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`
`
`NORTH SHORE FARMS TWO, LTD,
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`
`Defendants.
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`
`
`------------------------------------------------------------------X
`TO PLAINTIFF:
`
`
`
`
`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
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`this notice whether plaintiff, plaintiff’s attorney or anyone on behalf of plaintiff or plaintiff’s
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`attorney has entered into an agreement, contract, contingency or loan with a lender, litigation
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`funding company, litigation lending company, medical funding company or other similar entity,
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`company, corporation, partnership or person that is engaged in loaning money, advancing money
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`or financially assisting you or your attorney in any aspect of this case, whether it be for payment
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`of medical bills, litigation expenses, witness expenses, lost wages or an advancement against a
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`portion or all of any potential recovery you may receive.
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`
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`IF THE ANSWER IS IN THE AFFIRMATIVE, demand is hereby made that you
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`provide the 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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`15 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
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`(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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`
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`PLEASE TAKE FURTHER NOTICE, that in the event any of the requested documents
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`and/or items do not exist, a verified statement to that effect is to be served on the undersigned on
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`or before the aforesaid return date.
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`
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`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and if there is
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`any change to the initial response to this demand during the course of the litigation a further
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`response is required within thirty (30) days of the change.
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`
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`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
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`for the appropriate relief.
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`Dated: April 8, 2024
`Melville, New York
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`16 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`Yours, etc.
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`
`
`
`
`
`
`
`
`By: ____________________________
` JENNIFER M. BELK
`Attorneys for Defendants
`NORTH SHORE FARMS TWO, LTD
`Mailing Address:5
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024036941JMB
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`TO:
`CHERNYY & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`ELAINE M. PAPPAS
`1901 Emmons Avenue, Suite 201
`Brooklyn, New York 11235
`(718) 682-3939
`
`
`
`5 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
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`17 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS,
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`
`
`Plaintiff,
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`
`
`Index No.: 617232/2023
`
` DEMAND FOR CELL PHONE
`RECORDS
`
`-against-
`
`
`
`NORTH SHORE FARMS TWO, LTD,
`
`
`Defendants.
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`
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`
`
`------------------------------------------------------------------X
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`
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`
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`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
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`defendant within twenty (20) days from the date of service of this demand, the following
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`information, documents and items requested for the purpose of inspection and/or copying:
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`
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`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
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`aforesaid return date will be deemed compliance with this demand notice.
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`
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`
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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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`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.
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`PLEASE TAKE FURTHER NOTICE that in the event any of the requested documents
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`and/or items do not exist, a verified statement to that effect is to be served on the undersigned on
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`or before the aforesaid return date.
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`18 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
`
`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,
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`same are to be furnished to the undersigned within thirty (30) days after receipt.
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`
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`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
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`for the appropriate relief.
`
`
`Dated: April 8, 2024
`Melville, New York
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`
`
`
`
`
`
`Yours, etc.
`LAW OFFICE OF ERIC D. FELDMAN
`
`By: ____________________________
` JENNIFER M. BELK
`Attorneys for Defendants
`NORTH SHORE FARMS TWO, LTD
`Mailing Address:6
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024036941JMB
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`TO:
`CHERNYY & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`ELAINE M. PAPPAS
`1901 Emmons Avenue, Suite 201
`Brooklyn, New York 11235
`(718) 682-3939
`
`
`
`
`
`
`
`
`
`
`6 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`
`19 of 46
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`

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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`------------------------------------------------------------------X
`ELAINE M. PAPPAS,
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`NORTH SHORE FARMS TWO, LTD,
`
`
`Defendants.
`
`
`
`
`
`------------------------------------------------------------------X
`
`
`Index No.: 617232/2023
`
`
`
`
`
`DEMAND FOR ELECTRONIC
`TRACKING DATA
`
`
`
`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
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`date hereof, the following:
`
`
`ELECTRONIC TRACKING DATA DEMANDS
`
`PLEASE TAKE FURTHER NOTICE that the undersigned demands pursuant to CPLR
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`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.
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`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.
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`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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`20 of 46
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`FILED: NASSAU COUNTY CLERK 04/08/2024 01:41 PM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 617232/2023
`
`RECEIVED NYSCEF: 04/08/2024
`
`PLEASE TAKE FURTHER NOTICE, that if there is any claim that the any of the
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`above demanded record(s) and/or information cannot be located, have been destroyed or mislaid
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`or for some other reason no longer exists, an affidavit, from the plaintiffs personally, is hereby
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`demanded pursuant to Cromwell v. Ward, 183 A.D.2d 459, 584 N.Y.S.2d 295 (1st Dep’t., 1992);
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`Wilenskv v. JRB Marketing & Opinion Research, Inc.. 161 A.D.2d 761, 556 N.Y.S.2d 356 (2nd
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`Dep’t., 1990); and Jackson v. City of New York, 185 A.D.2d 768, (N.Y.A.D.,1992). Said
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`affidavit is to set forth, i