FILED: NEW YORK COUNTY CLERK 05/16/2013
`FILED: NEW YORK COUNTY CLERK 05m2013
`
`
`NYSCEF DOC. NO.
`8
`NYSCEF DOC. NO. 8
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` \ID
`«x NO. 152031/20;
`INDEX NO. 152031/2013
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` \IYSCI
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` *3
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`3F: 05/16/20;
`RECEIVED NYSCEF: 05/16/2013
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`EXHIBIT B
`
`
`FILED: NEW YORK COUNTY CLERK 05m2013
`
`
`NYSCEF DOC. NO.
`8
`NYSCEF DOC. NO. 8
`
`
` \ID
`«x NO. 152031/20;
`INDEX NO. 152031/2013
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` \IYSCI
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` *3
`
`3F: 05/16/20;
`RECEIVED NYSCEF: 05/16/2013
`
`EXHIBIT B
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`————————————————————————————————————— x
`YU JIAN ZHOU,
`
`Index No.: 152031/2013
`
`Plaintiff,
`
`v.
`
`VERIFIED ANSWER TO
`COMPLAINT
`
`DZ 20TH STREET, LLC.,
`
`Defendant.
`_____________________________________ x
`
`Defendant, DZ 20th Street, LLC., by its attorneys, HOEY,
`
`KING, EPSTEIN, PREZIOSO & MARQUEZ, answers the Complaint of the
`
`Plaintiff by stating as follows:
`
`1.
`
`Denies, upon information and belief,
`
`the allegations of
`
`paragraphs 3, 4, 5, ll, 12, 13, 15,
`
`18 and 19.
`
`2.
`
`Denies, upon information and belief,
`
`the allegations of
`
`paragraphs 2, 7, 8, 10, 14 and 1? and respectfully refers all
`
`questions of law to this Honorable Court.
`
`3.
`
`Denies, upon information and belief,
`
`the allegations of
`
`paragraph 6, except to admit that at all times hereinafter mentioned I
`
`and upon information and belief,
`
`the defendant, DZ 20 STREET was the
`
`owner of the building located at 53? West 20th Street, New York.
`
`4.
`
`Denies having knowledge or information sufficient to form a
`
`belief as to the truth of the allegations of paragraphs 1 and 9.
`
`5.
`
`Responds to paragraph 16 of the Complaint by repeating,
`
`reiterating, and realleging all responses given to the paragraphs
`
`
`
`0
`
`.. 0..
`
`referred to therein with the same force and effect as if herein set
`
`forth at length.
`
`AS AND FOR A FIRST AFFIRMBTIVE DEFENSE THIS
`
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`6.
`
`The injuries alleged to have been suffered by the Plaintiff
`
`were caused,
`
`in whole or part, by the conduct of Plaintiff.
`
`Plaintiff‘s claims therefore are barred or diminished in the
`
`proportion that such culpable conduct of Plaintiff bears to the total
`
`culpable conduct causing the damages.
`
`AS AND FOR A SECOND AFFIRMBTIVE DEFENSE THIS
`
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`?.
`
`The injuries and damages alleged in the Complaint were
`
`caused or contributed to by the culpable conduct
`
`including
`
`contributory negligence, assumption of the risk and/or product misuse
`
`of persons over whom this Defendant had no authority or control.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIS
`
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`8.
`
`Pursuant to CPLR Article 16,
`
`the liability of this
`
`Defendant to the Plaintiff for.non~economic loss shall not exceed the
`
`equitable share of this Defendant determined in accordance with the
`
`relative culpability of each person/party causing or contributing to
`
`the total liability for non—economic loss.
`
`
`
`o
`
`" 0
`
`AS AND FOR A FOURTH AFFIRMRTIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`9.
`
`That recovery, if any, on the Complaint of the Plaintiff
`
`shall be reduced by the amounts paid or reimbursed by collateral
`
`sources in accordance with CPLR 4545(c).
`
`AS AND FOR A FIFTH AFFIRMETIVE DEFENSE THIS
`
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`10.
`
`That if it is determined that this answering Defendant is
`
`responsible for the acts alleged in the Complaint then Plaintiff
`
`failed to take appropriate action to mitigate any damages.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIS
`
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`11.
`
`The injuries and damages alleged in the Complaint of the
`
`Plaintiff were caused or contributed to by Plaintiff's culpable
`
`conduct in assuming the risk under the conditions and circumstances
`
`existing.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE THIS
`ANSWERING DEFENDANT ALLEGES AS FOLLOWS:
`
`12.
`
`The injuries and damages alleged in the complaint and
`
`Third—Party complaint were caused or contributed to by Plaintiff(s)'
`
`and/or Third—Party Plaintiff(s)' culpable conduct
`
`in assuming the
`
`risk under the conditions and circumstances existing.
`
`WHEREFORE,
`
`this Defendant demands judgment dismissing the
`
`Complaint,
`
`together with costs and disbursements, and in the
`
`event any judgment or settlement is recovered herein against
`
`this Defendant,
`
`then this Defendant further demands that such
`
`
`
`('3
`
`0
`
`judgment be reduced by the amount which is proportionate to the
`
`degree of culpability of any plaintiff, and this Defendant
`
`further-demands judgment against each other party on the
`
`respective crossclaims and/or counterclaims.
`
`DATED: May 8, 2013
`New York, New York
`
`Yours, etc.
`
`HOEY, KING, EPSTEIN, PREZIOSO &
`MARQUEZ
`
`Attorneys for Defendant
`
`Dz 20TH STREET, LLc.
`Office and Post Office Address
`
`55 Water Street, 29th Floor
`New York, New York 10041—2899
`
`(212) 612-4200
`
`
`
`To:
`
`Popick & Rutman, PLLC
`Attorneys for Plaintiff, Yu Jian Zhou
`
`136—31 4lst Avenue, Suite 8B
`
`Flushing, New York 11355
`
`
`
`o
`
`'
`
`'
`
`o
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`————————————————————————————————————— x
`
`Index No.:
`
`YU JIAN ZHOU,
`
`152031/2013
`
`Plaintiff,
`
`V.
`
`NOTICE PURSUANT
`
`TO CPLR 2103
`
`DZ 20TH STREET, LLC.,
`
`Defendant.
`————————————————————————————————————— X
`
`PLEASE TAKE NOTICE that Defendant DZ 20th Street, LLC., by
`
`its attorneys, HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ, hereby
`
`serve(s) Notice upon you pursuant
`
`to Rule 2103 of the Civil
`
`Practice Law and Rules that it expressly rejects service of
`
`papers in this matter upon them by electronic means.
`
`PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may
`
`only be affected by express prior written consent to such
`
`service by HOEY, KING, EPSTEIN, PREZIOSO 5 MBRQUEZ and by
`
`placement thereby of HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ
`
`
`
`o
`
`'
`
`'
`
`9
`
`electronic communication number in the address block of papers
`
`filed with the Court.
`
`DATED: May 8, 2013
`New York, New York
`
`Yours, etc.
`
`HOEY, KING, EPSTEIN, PREZIOSO &
`MARQUEZ
`
`Attorneys for Defendant
`
`DZ 20TH STREET, LLC.
`Office and Post Office Address
`
`55 Water Street, 29th Floor
`New York, New York 10041-2899
`
`(212) 612—4200
`
`
`
`To:
`
`Popick & Rutman, PLLC
`Attorneys for Plaintiff, Yu Jian Zhou
`
`136—31 4lst Avenue, Suite BB
`
`Flushing, New York 11355
`
`
`
`r3
`
`'
`
`‘
`
`o
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`------------------------------------- x
`
`Index No.:
`
`YU JIAN ZHOU,
`
`152031/2013
`
`Plaintiff,
`
`V.
`
`COMBINED DISCOVERY
`
`DEMANDS AND NOTICE
`
`OF DEPOSITION
`
`DZ 20TH STREET, LLC.,
`
`Defendant.
`————————————————————————————————————— x
`
`PLEASE TAKE NOTICE,
`
`that Defendant DZ 20th Street, LLC., by its
`
`attorneys, HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ, demands that each
`
`adverse party afford us the disclosure which this notice and demand
`
`specifies:
`
`DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINAEION
`
`A.
`
`Each adverse party is to appear for deposition upon
`
`oral examination pursuant to CPLR 3107:
`
`(1) At this date and time: June 10, 2013 at 10:00 am
`
`(2) At this place: Hoey, King, Epstein, Prezioso & Marquez
`
`55 Water Street, 28th Floor
`
`New York, New York 10041
`
`B.
`
`Pursuant to CPLR 3106(d} we designate the following as
`
`the identity, description or title of the particular officer,
`
`director, member, or employee of the adverse party specified
`
`whose deposition we desire to take: ALL PARTIES
`
`
`
`('3
`
`'
`
`'
`
`W)
`
`C.
`
`Each deposition witness thus examined is to produce at
`
`such time and place, pursuant to CPLR 3111, all books, papers,
`
`and other things which are relevant to the.issues in the action
`
`and within that adverse party's possession, custody, or control
`
`to be marked as exhibits, and used on the examination.
`
`PARTY STATEMENTS
`
`Each adverse party is to serve on us, pursuant to CPLR
`
`3101(e) and CPLR 3120, within thirty (30) days from the service
`
`of this Demand, a complete and legible copy of any statement
`
`made by or taken from any individual party or any officer,
`
`agent, or employee of said party.
`
`INSURANCE POLICIES
`
`Each adverse party is to serve, pursuant to CPLR 3101(f)
`
`and CPLR 3120, within thirty (30} days from the service of this
`
`Demand, a complete and legible copy of each primary or excess
`
`insurance agreement under which any person carrying on an
`
`insurance business may be liable to satisfy part or all of any
`
`judgment which may be entered in this action or to indemnify or
`
`reimburse for payments made to satisfy any such judgment.
`
`ACCIDENT REPORTS
`
`Each adverse party is to serve, pursuant
`
`to CPLR 3101(g)
`
`and CPLR 3120, within thirty (30} days from service of this
`
`Demand, a complete and legible copy of every written report of
`
`the accident or other event alleged in the complaint prepared in
`
`
`
`(.3
`
`.
`
`.
`
`(3
`
`the regular course of that adverse party's business operations
`
`or practices.
`
`PHOTOGRAPHS AND VIDEOTAPES
`
`Each adverse party is to serve within thirty (30) days from
`
`the service of this Demand, complete and legible photographic or
`
`videotape reproductions of any and all photographs, motion
`
`pictures, maps, drawings, diagrams, measurements, surveys of the
`
`scene of the accident or equipment or instrumentality involved
`
`in the action or photographs of persons or vehicles involved [if
`
`applicable) made either before, after or at the time of the
`
`events in question,
`
`including any photographs or videotapes made
`
`of the plaintiff at any time since the incident referred to in
`
`the Complaint.
`
`WITNESSES
`
`Each adverse party is to serve within thirty (30) days from
`
`the service of this Demand,
`
`the name and address of each witness
`
`to any of the following:
`
`1.
`
`The accident, occurrence or any other event set forth
`
`in the complaint.
`
`2. Any fact tending to prove actual or constructive notice
`
`of any condition which may give rise to the liability of any
`
`person, whether or not a party, for any damages alleged in this
`
`action.
`
`3. Any admission, statement, writing or act of our client.
`
`
`
`("'3
`
`'
`
`'
`
`()
`
`EXPERT WITNESS METERIAL
`
`Each adverse party is to serve, pursuant to CPLR
`
`3101(d){1), within thirty (30) days from the service of this
`
`request, a statement specifying all of the following data as to
`
`each person whom that adverse party expects to call as an expert
`
`witness at trial:
`
`A.
`
`The identity of each expert;
`
`B.
`
`The subject matter on which each expert is expected to
`
`testify, disclosed in reasonable detail;
`
`C.
`
`The substance of the facts and opinions on which each
`
`expert is expected to testify;
`
`D.
`
`The qualifications of each expert; and
`
`E.
`
`A summary of the grounds for each expert's opinion.
`
`PLEASE TAKE FURTHER NOTICE that we will object at trial to
`
`the offer of any proof of an expert's qualifications which are
`
`different from or additional to those which the adverse party
`
`calling the expert had disclosed in reference to sub—paragraph
`
`D.
`
`COLLATERAL SOURCE INFORMATION
`
`Each plaintiff seeking to recover for the cost of medical
`
`care, dental care, custodial care or rehabilitation services,
`
`loss of earnings or other economic loss is to serve, pursuant to
`
`CPLR 4545(c), within thirty (30) days from.the service of this
`
`Demand, a statement of all past and future cost and expense
`
`
`
`.
`
`0
`
`.
`
`.
`
`(.3
`
`which has been or will, with reasonable certainty, be replaced
`
`or indemnified,
`
`in whole or in part,
`
`from any collateral source
`
`such as insurance (except life insurance), social security,
`
`workers' compensation, or employee benefit programs. Each such
`
`statement is to set forth the name, address, and insurance
`
`policy (or other account) number of each collateral source
`
`payor; and, separately stated for each payer, a list specifying
`
`the date and amount of each payment and the name, address, and
`
`social security number or other taxpayer identification number
`
`of each payee.
`
`PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS
`
`Each plaintiff is to serve upon and deliver to us within
`
`thirty (30) days from the service of this Demand:
`
`Medical Reports and Bills: Copies of the medical reports
`
`and bills of those health professionals who have previously
`
`treated or examined the plaintiff. Those reports shall include a
`
`detailed recital of the injuries and conditions as to which
`
`testimony will be offered at the trial, referring to and
`
`identifying those diagnostic tests and technicians' reports
`
`which will be offered at the trial.
`
`B. MediCal Authorizations: Duly executed and acknowledged
`
`written medical authorizations, complying with the Health
`
`Insurance Portability and Accountability Act
`
`(“HIPPA”), 45
`
`C.F.R. §l64.508(a),
`
`(using attached form) permitting all parties
`
`
`
`o
`
`"
`
`e
`
`to obtain and make copies of the records and notes including any
`
`intake sheets, diagnostic tests, X—Rays, MRI's and cat scan
`
`films, of all treating and examining hospitals, physicians and
`
`other medical professionals.
`
`MEDICARE DOCUMENTS
`
`Plaintiff is to serve, pursuant to CPLR 3120(l}(i), within
`
`thirty (30) days from the service of this demand, a complete and
`
`legible copy of:
`
`l.Plaintiff’s Medicare Insurance Card
`
`of this lawsuit.
`
`3.Plaintiff’s Social Security card.
`
`4.All documents pertaining to Medicare benefits received for
`
`treatment provided to plaintiff for injuries and illness
`
`arising out of the incident which is the subject of this
`
`lawsuit.
`
`PRODUCTION OF RECORDS AND'AUTHORIZATIONS
`
`Each plaintiff is to serve upon and deliver to us within
`
`thirty (30} days from the service of this demand duly executed,
`
`fully addressed and acknowledged written authorizations
`
`permitting all parties to obtain and make copies of each of the
`
`following:
`
`
`
`o
`
`‘
`
`'
`
`o
`
`A. All workers' compensation records and reports of
`
`hearings pertaining to the incident alleged to have occurred in
`
`plaintiff's complaint maintained by the workers' compensation
`
`Board and workers' compensation carrier.
`
`B. All records of present and past employment of
`
`plaintiff.
`
`C. All records in the no-fault file of any carrier issuing
`
`benefits to the plaintiff arising out of the incident alleged to
`
`have occurred in the complaint.
`
`D. All records of the Internal Revenue Service filed by
`
`the plaintiff for the calendar year prior to-the date of the
`
`incident alleged in the complaint and for the two subsequent
`
`years. Please use IRS form 4506 and attach 2 copies of
`
`identification of the plaintiff, with photo and signature as
`
`required by the IRS.
`
`E. All records of schools attended by plaintiff.
`
`F. All records of each collateral source that has provided
`
`and/or in the future will be providing any payment or
`
`reimbursement for expenses incurred because of this
`
`incident.
`
`PHYSICAL OR MENTAL EXAMINATION
`
`Defendant hereby demands, pursuant to CPLR §312l,
`
`that
`
`plaintiff appear for and submit
`
`to physical, mental and blood
`
`examinationts),
`
`for all claimed injuries, by a doctor(s) of
`
`
`
`(.3
`
`.
`
`.
`
`0
`
`defendant's designation—specialties to be determined. This
`
`examination(s) shall to be conducted in said doctor’(s')
`
`office(s) and at a reasonable time following plaintiff’s
`
`deposition, but in no event less than 20 days after the service
`
`of this Notice.
`
`NAMES AND ADDRESSES OF ATTORNEYS
`
`Each adverse party is to serve on us, within thirty (30)
`
`days from service of this Demand,
`
`the names and addresses of all
`
`attorneys having appeared in this action on behalf of any
`
`adverse party.
`
`PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING
`
`DEMBNDS, and that each demand requires that an adverse party who
`
`acquires more than thirty (30) days from the service of this
`
`demand any document,
`
`information, or thing (including the
`
`opinion of any person whom the adverse party expects to call as
`
`an expert witness at trial) which is responsive to any of the
`
`above demands,
`
`is to give us prompt written advice to that
`
`effect; and, within thirty (30) days
`
`(but no lees than sixty
`
`(60) days before trial},
`
`is to serve all such information on us
`
`and allow us to inspect, copy,
`
`test, and photograph each such
`
`document or thing.
`
`PLEASE TAKE FURTHER NOTICE that we will object at trial,
`
`and move to preclude as to any adverse party who does not timely
`
`identify any witness, serve any report, or produce any document,
`
`
`
`o
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`'
`
`'
`
`(3
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`information, or thing which is responsive to a discovery demand
`
`set forth in any of the ensuing paragraphs:
`
`A.
`
`From calling any event or notice witness not identified
`
`to us or medical expert whose reports have not been served on
`
`us;
`
`B.
`
`From calling any other expert witness whose identity,
`
`qualifications, and expected fact and opinion testimony
`
`(together with a summary of the grounds for each such opinion)
`
`have not been served on us;
`
`C.
`
`From putting in evidence any exhibit not served on us
`
`or produced for us to discover,
`
`inspect, copy, and photograph in
`
`accordance with any of the ensuing paragraphs; and
`
`D.
`
`From offering any other proof not timely disclosed
`
`pursuant to a court order in this action.
`
`DATED: May 8, 2013
`New York, New York
`
`Yours, etc.
`
`HOEY, KING, EPSTEIN, PREZIOSO &
`MARQUEZ
`
`Attorneys for Defendant
`DZ 20TH STREET, LLC.
`Office and Post Office Address
`
`55 Water Street, 29th Floor
`New York, New York 10041—2899
`(212) 612-4200
`
` l
`
`
`
`(f)
`
`To:
`
`Popick & Rutman, PLLC
`
`Attorneys for Plaintiff, Yu Jian Zhou
`136—31 4lst Avenue, Suite 8B
`Flushing, New York 11355
`
`
`
`(3
`
`'
`
`'
`
`F)
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`————————————————————————————————————— x
`YU JIAN ZHOU,
`
`Index No.:
`152031/2013
`
`Plaintiff,
`
`v.
`
`DEMAND FDR VERIFIED
`
`BILL OF PAREICULARS
`
`DZ 20TH STREET, LLC.,
`
`_____________________________________ x
`
`Defendant.
`
`PLEASE TAKE NOTICE, Defendant, DZ 20th Street, LLC., by its
`
`attorneys, Hoey, King, Epstein, Prezioso & Marquez, demands
`
`pursuant
`
`to CPLR 3041—3044,
`
`that each Plaintiff furnish, within
`
`thirty (30) days of the date of this demand a VErified Bill of
`
`the following particulars:
`
`A.
`
`1.
`
`Liabilitz Issues:
`
`The legal name, address, date of birth and social
`
`security number of each plaintiff,
`
`2.
`
`The date and approximate time of day of the alleged
`
`accident.
`
`3.
`
`4.
`
`The location of the alleged accident.
`
`(a)
`
`A statement of the acts or omissions
`
`constituting any negligence or other culpable
`
`conduct claimed against this defendant.
`
`(b)
`
`If breach of warranty is alleged, state whether
`
`said warranty was:
`
`
`
`i.
`
`expressed or implied;
`
`ii.
`
`oral or written;
`
`iii. if written, set forth a copy thereof; and
`
`iv.
`
`if oral, state by whom and to whom the
`
`alleged warranty was made, specifying the
`
`time, place and persons in sufficient detail
`
`to permit identification.
`
`5.
`
`If actual notice is claimed, a statement of when, by
`
`whom and to whom actual notice was given and whether such notice
`
`was in writing; also, if such notice was in writing,
`
`the
`
`statement is to include the name and address of anyone who has
`
`any copy of it.
`
`6.
`
`If constructive notice is claimed, a statement of how
`
`long any allegedly dangerous or defective condition existed
`
`before the occurrence and who has first—hand knowledge of any
`
`such facts.
`
`7.
`
`If any violation is claimed, a citation to each
`
`statute, ordinance, regulation, and other federal, state, or
`
`local rule which it is claimed that any defendant we represent
`
`has violated.
`
`8.
`
`If any prior similar occurrence is claimed, a
`
`statement of its date, approximate time of day and approximate
`
`location.
`
`
`
`{'3
`
`'
`
`'
`
`f)
`
`9.
`
`If any subsequent repair or other remedial action is
`
`claimed, a statement of its date, approximate time of day,
`
`approximate location, who made such repair or took such other
`
`aCtion and who has first—hand knowledge of either.
`
`B.
`
`Damage Issues: Personal Injugx:
`
`10.
`
`A statement of the injuries claimed to have been
`
`sustained by plaintiff as a result of the accident and a
`
`description of any injuries claimed to be permanent.
`
`ll.
`
`In any action under Ins. Law, §5104(a), for personal
`
`injuries arising out of negligence in the use or operation of a
`
`motor vehicle in this state,
`
`in what respect and to what extent
`
`any plaintiff has sustained:
`
`(a)
`
`serious injury, as defined by Insurance
`
`Law,5102(b);
`
`(b)
`
`_economic loss greater than basic economic loss,
`
`as defined by Insurance Law, 5102 (a).
`
`12.
`
`If plaintiff was treated at a hospital or hospitals,
`
`the name and address of each hospital and the exact dates of
`
`admission or treatment at each.
`
`13.
`
`The name and address of all medical professionals that
`
`treated or examined plaintiffs with regard to the injuries
`
`claimed, and the exact dates of treatment received from each.
`
`14.
`
`If loss of earnings is claimed,
`
`the name and address
`
`of plaintiff's employer,
`
`the nature of plaintiff's employment,
`
`
`
`F)
`
`'
`
`'
`
`()
`
`and the exact dates that the plaintiff was incapacitated from
`
`employment.
`
`15.
`
`A statement of the exact dates that each plaintiff
`
`was:
`
`for:
`
`(a)
`
`hospitalized;
`
`(b)
`
`confined to bed;
`
`(c)
`
`confined to house;
`
`16. Total amounts each plaintiff claims as special damages
`
`(a)
`
`physicians' services;
`
`(b) medical supplies
`
`(c)
`
`loss of earnings to date, with the name{s) and
`
`address(es} of plaintiff's employer(s);
`
`(d)
`
`loss of earnings in the future, stating how the
`
`figure was calculated;
`
`(e)
`
`hospital expenses;
`
`(f)
`
`nurses' services;
`
`(g)
`
`any other special damages claimed.
`
`17.
`
`If any plaintiff claims loss of services, a statement
`
`of all such losses claimed,
`
`including the nature and extent of
`
`the lost services and all special damages claimed.
`
`18.
`
`The name, address and amounts received from each
`
`collateral source that has paid or reimbursed plaintiff for any
`
`of the expenses incurred as a result of this accident.
`
`
`
`‘
`
`0
`
`°
`
`'
`
`o
`
`DAMBGE ISSUES: MEDICARE
`
`19.
`
`Set forth plaintiff's Medicare Health Insurance
`
`number.
`
`20. State whether plaintiff is receiving Medicare
`
`benefits.
`
`21.
`
`In the event that plaintiff is not receiving any
`
`Medicare benefits, state whether plaintiff has received Medicare
`
`benefits in the past.
`
`22. State when plaintiff first received any Medicare
`
`benefits.
`
`23.
`
`In the event that plaintiff received Medicare benefits
`
`in the past, state when the Medicare benefits ceased.
`
`24. State whether plaintiff received any Medicare benefits
`
`due to the injuries or illness arising out of the incident which
`
`is the subject matter of this lawsuit.
`
`25.
`
`In the event that plaintiff has received Medicare
`
`benefits, due to treatment provided for injuries or illness
`
`arising out of the incident, which is the subject matter of this
`
`lawsuit, please state the amount received to date.
`
`
`
`(3
`
`'
`
`'
`
`(3
`
`26.
`
`Identify any documents received pertaining to any
`
`Medicare benefits received for the treatment provided for the'
`
`injuries or illness arising out of the incident, which is the
`
`subject matter of this lawsuit.
`
`2?. State the name, address and policy number of any
`
`additional medical insurance.
`
`28. State all names that plaintiff has been known by or
`
`has used.
`
`DATED: May 8, 2013
`New York, New York
`
`Yours, etc.
`
`HOEY, KING, EPSTEIN, PREZIOSO &
`MARQUEZ
`
`Attorneys for Defendant
`DZ 2013 STREET, LLC.
`Office and Post Office Address
`
`55 Water Street, 29th Floor
`New York, New York 10041—2899
`(212) 612—4200
`
`
`
`To:
`
`Popick & Rutman, PLLC
`
`Attorneys for Plaintiff, Yu Jian Zhou
`136-31 élst Avenue, Suite BB
`Flushing, New York 11355
`
`
`
`(.3
`
`.
`
`.
`
`O
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`————————————————————————————————————— x
`
`Index No.:
`
`YU JIAN ZHOU,
`
`152031/2013
`
`Plaintiff,
`
`v.
`
`AFFIDAVIT OF SERVICE
`
`DZ 20TH STREET, LLC.,
`
`Defendant.
`_____________________________________ x
`
`STATE OF NEW YORK
`
`)
`
`SS.
`
`COUNTY OF NEW YORK J
`
`Maria M. SanJose, being duly sworn, deposes and says:
`
`I am over the age of eighteen years and not a party to
`1. That
`this action.
`
`2. That on May 8, 2013,
`
`I served upon:
`
`Popick & Rutman, PLLC
`
`Attorneys for Plaintiff, Yu Jian Zhou
`136—31 413t Avenue, Suite 8B
`Flushing, New York 11355
`
`A true copy of the annexed VERIFIED ANSWER TO COMPLAINT, NOTICE
`PURSUANT TO CPLR 2103, DEMmND FOR VERIFIED BILL OF PARTICULARS,
`and COMBINED DISCOVERY DEMRNDS AND NOTICE OF DEPOSITION by
`depositing it endorsed in a postpaid properly addressed wrapper,
`in a post office or, official depository under the exclusive
`
`
`
`f)
`
`'
`
`'
`
`(3
`
`care and custody of the United States Postal Service within the
`
`State of New York, at the address designated by him or her upon
`the last paper served by him or her in the action.
`
`DATED: May 8, 2013
`
`New York, New York /
`
`y%)M ria M. SanJose
`
`Sworn and subscribed
`
`Before me on May 8, 2013
`H
`
`35%; E;
`
`Nota y Public
`
`/,dzzé§;gz
`
`EUGENIA TEI'TEH
`Notary Public. State of New York
`NO. D1TE6277364
`Qualified in Richmond Coun
`Commission Exp1res 03:18!
`
`
`
`Index No.:
`
`152031/2013
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`YU JIAN ZHOU,
`
`Plaintiff,
`
`—against-
`
`DZ 20TH STREET, LLC.,
`
`Defendant.
`
`VERIFIED ANSWER TO COMPLAINT, NOTICE PURSURNT TO CPLR 2103,
`DEMAND FOR‘VERIFIEB BILL OF PARTICULARS AND COMBINED DISCOVER!
`DEMANDS AND NOTICE OF DEPOSITION
`
`HOEY, KING, EPSTEIN, PREZIOSO & MARQUEZ
`
`Attorneys for Defendant
`Dz 20th Street, LLC.
`Office and Post Office Address
`
`55 Water Street, 29th Floor
`New York, New York 10041—2899
`
`{212) 612-4200
`
`
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