FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`P:/cases/MTB68538/legal/Answer/JVW:aag
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`Index No.: 152344/2024
`
`VERIFIED
`ANSWER TO
`VERIFIED
`COMPLAINT
`
`
`
`Defendants, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY,
`
`MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY and
`
`METROPOLITAN TRANSPORTATION AUTHORITY through their attorneys BARRY
`
`McTIERNAN & MOORE LLC answering the Summons and Verified Complaint of the
`
`plaintiff, state as follows:
`
`1.
`
`Deny any knowledge or information sufficient to form a belief as to the
`
`allegations contained in paragraphs “1”, “2”, “16”, “66”, “67”, “68”, “80”, “81”, “82”, “83”, 84”,
`
`and “85” of the Verified Complaint.
`
`2.
`
`Deny each and every allegation contained in paragraphs “3”, “4”, “5”, “6”, “7”,
`
` “8”, “9”, “10”, “14”, “15”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”,
`
`“28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”,
`
`“44”, “45”, “46”, “47”, “48” “49”, “50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”,
`
`1 of 34
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`NYSCEF DOC. NO. 8
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`INDEX NO. 152344/2024
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`RECEIVED NYSCEF: 04/01/2024
`
`P:/cases/MTB68538/legal/Answer/JVW:aag
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`Index No.: 152344/2024
`
`VERIFIED
`ANSWER TO
`VERIFIED
`COMPLAINT
`
`
`
`Defendants, MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY,
`
`MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY and
`
`METROPOLITAN TRANSPORTATION AUTHORITY through their attorneys BARRY
`
`McTIERNAN & MOORE LLC answering the Summons and Verified Complaint of the
`
`plaintiff, state as follows:
`
`1.
`
`Deny any knowledge or information sufficient to form a belief as to the
`
`allegations contained in paragraphs “1”, “2”, “16”, “66”, “67”, “68”, “80”, “81”, “82”, “83”, 84”,
`
`and “85” of the Verified Complaint.
`
`2.
`
`Deny each and every allegation contained in paragraphs “3”, “4”, “5”, “6”, “7”,
`
` “8”, “9”, “10”, “14”, “15”, “17”, “18”, “19”, “20”, “21”, “22”, “23”, “24”, “25”, “26”, “27”,
`
`“28”, “29”, “30”, “31”, “32”, “33”, “34”, “35”, “36”, “37”, “38”, “39”, “40”, “41”, “42”, “43”,
`
`“44”, “45”, “46”, “47”, “48” “49”, “50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”, “58”, “59”,
`
`1 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
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`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`“63”, “64”, “65”, “74”, “75”, “76”, “77”, “78”, “79”, “86”, “87”, “88”, “89”, “90”, “91”,
`
`“92”,93”, “94”, “95”, “96”, “97” and “98” of the Verified Complaint.
`
`3.
`
` Admit each and every allegation contained in paragraphs “11”, “12” and “13” of
`
`the Verified Complaint as to MTA BUS COMPANY only.
`
`4.
`
`Admit each and every allegation contained in paragraphs “60”, “61”, “62”, “69”,
`
` “70”, “71”, “72” and “73” of the Verified Complaint.
`
`AS AND FOR A FIRST SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`
`
`5.
`
`The personal injuries alleged to have been sustained by the plaintiff were
`
`caused entirely or in part as a result of the culpable conduct attributable to the plaintiff and
`
`answering defendants seek a dismissal or reduction in any recovery had by plaintiff in the
`
`proportion which the culpable conduct attributable to the plaintiff bears to the culpable conduct
`
`which caused the damages.
`
`AS AND FOR A SECOND SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`
`
`6.
`
`That by failing and neglecting to exercise ordinary care in making timely use of
`
`the available lap/shoulder belt, and/or infant safety device(s), Plaintiff(s) acted unreasonably and
`
`in disregard of Plaintiff(s) own best interests and that all or a portion of the injuries Plaintiff(s)
`
`sustained could have been eliminated or minimized by the use of said device(s).
`
`AS AND FOR A THIRD SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`7.
`
` That the subject accident was the result of a sudden unforeseen circumstance
`
`2 of 34
`
`
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`which constitutes an emergency and may not serve as the basis for finding of negligence against
`
`defendant(s).
`
`
`
`AS AND FOR A FOURTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`8.
`
`The plaintiff’s action is barred by §5102 et seq. of the Insurance Law regarding
`
`threshold requirements.
`
`AS AND FOR A FIFTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`
`
`9.
`
`Plaintiff failed to serve a Notice of Claim/demand letter pursuant to §1276 of the
`
`Public Authorities Law on METROPOLITAN TRANSPORTATION AUTHORITY, NEW
`
`YORK CITY TRANSIT AUTHORITY and MANHATTAN AND BRONX SURFACE
`
`TRANSIT OPERATING AUTHORITY.
`
`AS AND FOR A SIXTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`10.
`
` Failure to state a cause of action in the complaint against METROPOLITAN
`
`TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY and
`
`MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY..
`
`AS AND FOR A SEVENTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`11.
`
` Pursuant to CPLR 1603, answering defendants assert the terms, provisions,
`
`limitations and rights afforded under CPLR 1601 and 1602 and all rights contained therein.
`
`3 of 34
`
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`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`AS AND FOR AN EIGHTH SEPARATE AND
`COMPLETE AFFIRMATIVE DEFENSE ANSWERING
`DEFENDANTS ALLEGE THE FOLLOWING UPON
`INFORMATION AND BELIEF:
`
`12. That answering defendants assert the terms, provisions, limitations and rights
`
`contained in §4545(c) of the CPLR.
`
`WHEREFORE, answering defendants demand judgment dismissing the Verified
`
`Complaint of the plaintiff herein as to said defendants together with the costs, fees, expenses
`
`and disbursements of this action.
`
`Dated: New York, New York
` March 27, 2024
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`
`
`
`
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`4 of 34
`
`
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`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`
`
`
`VERIFICATION
`
`
`
`JOHN V. WYNNE, an attorney duly admitted to practice law before the courts of the
`
`State of New York, hereby affirms the truth of the following under penalties of perjury:
`
`
`
`
`
`That he is a member of the firm of BARRY McTIERNAN & MOORE LLC attorneys for
`
`the defendants MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY,
`
`MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY and
`
`METROPOLITAN TRANSPORTATION AUTHORITY having an office at 101 Greenwich Street -
`
`14th Floor, New York, New York.
`
`
`
`
`
`That he has read and knows the contents of the foregoing Answer to the Verified
`
`Complaint and that the same is true to his knowledge. Affirmant further says that the sources
`
`of his information and the grounds of his belief as to all matters therein not stated upon his
`
`knowledge are based on materials, investigation, reports and documents contained in the file
`
`as maintained in affirmant's office.
`
`Dated: New York, New York
` March 27, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`_________________________
` JOHN V. WYNNE
`
`5 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`DEMAND FOR A
` VERIFIED BILL
`
`-against-
`OF PARTICULARS
`
`
`Index No.: 152344/2024
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`PLEASE TAKE NOTICE, in accordance with Article 31 and Rules 3042 and 3043 of the CPLR,
`
`the plaintiff is hereby required to serve upon the undersigned a Bill of Particulars setting forth, in detail,
`
`the following particulars demanded:
`
`
`
`
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`4.
`
`Date of birth, address and social security number of plaintiff.
`
`State the present residence address of plaintiff.
`
`State to date and approximate time of day of the occurrence.
`
`Describe the approximate location of the happening of the occurrence in sufficient detail
`
`so as to permit accurate identification.
`
`
`
`
`
`
`
`5.
`
`6.
`
`7.
`
`
`
`
`
`
`Describe in general the acts or omissions constituting the negligence claimed.
`
`State whether actual or constructive notice is claimed.
`
`If actual notice is claimed, then set forth the following:
`
`(a)
`
`(b)
`
`
`(c)
`
`state the names of the agents and/or servant of the defendant to whom it
`will be alleged said actual notice was given.
`state by whom it will be claimed that said actual notice was given on each
`occasion aforesaid.
`
`state the date or dates of each said notice aforesaid.
`
`6 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`8.
`
`
`
`State whether constructive notice is claimed, and, if so, state the length and time said
`
`condition is alleged to have existed prior to the happening of the alleged occurrence.
`
`
`
`
`
`
`
`
`
`9.
`
`State the injuries alleged.
`
`10.
`
`Describe those injuries claimed to be permanent.
`
`11.
`
`State the length of time confined to bed and home, with dates of confinement.
`
`12.
`
`State the length of time confined to hospital, with name of hospital and dates of
`
`admission and discharge.
`
`
`
`13.
`
`State the occupation of the plaintiff at the time of the alleged accident and average daily,
`
`weekly or monthly earnings.
`
`
`
`
`
`
`
`
`
`
`
`14.
`
`State the length of time totally disabled.
`
`15.
`
`State the length of time partially disabled.
`
`16.
`
`State the total amounts claimed as special damages for:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`physician’s services
`
`(b)
`
`medical supplies
`
`(c)
`
`loss of earnings
`
`(d)
`
`x-rays
`
`(e)
`
`hospital expenses
`
`(f)
`
`nurses’ services
`
`(g)
`
`all other items of special damages.
`
`17.
`
`State the date of birth of the plaintiff.
`
`18.
`
`Set forth by Chapter, Article, Section and Paragraph each and every statute or ordinance,
`
`if any, which it is claimed by defendant above named violated.
`
`
`
`19.
`
`Set forth the names and addresses of all witnesses to the occurrence or to the facts and
`
`circumstances surrounding it known to the plaintiff, his/her attorneys and/or his/her representatives.
`
`7 of 34
`
`
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`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`20.
`
`State whether the complaint alleges loss of services, and, if so, describe its nature and
`
`extent.
`
`
`
`21.
`
`State whether the complaint alleges loss of or damages to an item of property, and, if so,
`
`describe its nature and extent.
`
`
`
`
`
`
`
`(a)
`
`state the date and cost of purchase by plaintiff of each item.
`
`(b)
`
`state the actual or estimated cost of repair of each item.
`
`(c)
`
`state the gross salvage proceeds of the sale of each item.
`
`
`
`22.
`
`State whether the complaint alleges wrongful death, and, if so:
`
`
`
`
`
`
`
`
`
`(a)
`
`state the dates and places of birth and death of each decedent(s).
`
`(b)
`
`(c)
`
`
`
`
`
`
`state the name, address, date of birth, occupation and annual income of
`each person decedent(s) allegedly supported or each person who was allegedly
`dependent upon decedent(s) for support within one year of death.
`
`state the total dollar amount of support decedent(s) allegedly gave all
`persons:
`
`(1) in the year of death;
`
`(2) in the two years prior to the death of the decedent(s).
`
`
`
`23.
`
`State whether plaintiff is a covered person under the Insurance Law of the State of New
`
`York, and, if so, state the name and address of the insurance carrier providing first party benefits.
`
`
`
`24.
`
`State how it will be claimed that plaintiff sustained a serious injury or excess economic
`
`loss within the meaning of 5101 et seq., of the Insurance Law of the State of New York.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that unless the above demand is complied with, within
`
`twenty (20) days, an application will be made to preclude the plaintiff from giving any evidence in
`
`accordance with the aforementioned rules.
`
`Dated: New York, New York
` March 27, 2024
`
`
`
`
`8 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`
`
`
`
`Yours, etc.,
`
`
`
`
`
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`9 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`Index No.: 152344/2024
`
`NOTICE FOR
`DISCOVERY
`AND INSPECTION
`
`PLEASE TAKE NOTICE that pursuant to Section 3101 and 3102 and Rule 3120 of the
`
`CPLR, plaintiff is hereby requested to produce and permit the defendants, and their attorneys to
`
`inspect copy test and/or photograph the following documents in your possession, control and/or
`
`custody:
`
`1.
`
`
`2.
`
`
`3.
`
`
`
`
`
`4.
`
`
`
`Produce medical reports and hospital authorizations pertaining to
`the plaintiff and the occurrence which is the subject of this
`litigation.
`
`Set forth the names and addresses of all witnesses to the alleged
`incident and/or notice witnesses thereof.
`
`Produce photographs, videotapes and/or motion pictures of:
`a.
`the accident situs which is the subject of the litigation.
`b.
`the injuries sustained;
`c.
`the property damage sustained;
`d.
`the defective condition sued upon herein.
`
`Produce authorizations for the employment wage/income tax
`information of the plaintiff for three (3) years prior to the date of
`the alleged accident to present period of disability.
`
`10 of 34
`
`
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`5.
`
`
`6.
`
`
`
`
`7.
`
`
`8.
`
`All party statements, in any form, obtained from the defendants,
`their agents, servants and/or employees.
`
`If a claim has been or will be made by plaintiffs pursuant to the
`terms of ARTICLE XVIII of the insurance Law of the State of
`New York (No-Fault Law); with respect to each and every
`application and/or claim:
`
`a) Set forth the name, address, policy number and claim
`
`number of each company to which a claim has been made
` or will be made.
`
`
`b)
`
`
`c)
`
`Set forth duly executed and acknowledged written
`authorizations enabling the undersigned to obtain copies
`of the records relating to the plaintiffs from each company
`identified in the response to the above.
`
`Produce all no-fault materials consisting of applications,
`payments and any other documents pertaining to this
`litigation.
`
`Duly executed authorization to obtain the employment records of
`the plaintiffs for three (3) years preceding the date of accident to
`present period of disability claimed.
`
`A copy of plaintiffs’ No-fault file and authorization to obtain
`same.
`
`
`
`
`
`9.
`
`A duly executed authorization to obtain plaintiffs’ Worker’s
`Compensation file.
`
`PLEASE BE ADVISED THAT the Health Insurance Portability and Accountability Act,
`
`requires a new and specific medical authorization form in order to release patient records. Please
`
`make certain that this form is completely executed.
`
`
`
`PLEASE TAKE FURTHER NOTICE that the time, place, manner and making the
`
`inspection, copying, testing and photographing as specified above is designated to be made at the
`
`office of BARRY McTIERNAN & MOORE LLC, 101 Greenwich Street, 14th Floor, New York,
`
`New York 10006, within (28) days and your failure to comply with the foregoing will serve as
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`11 of 34
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`
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
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`the basis of a motion for appropriate relief pursuant to CPLR.
`
`Dated: New York, New York
` March 27, 2024
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`Yours, etc.,
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`
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`
`
`
`
`
`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
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`TO:
`
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`
`
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`12 of 34
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`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`Index No.: 152344/2024
`
`NOTICE TO PRODUCE
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`PLEASE TAKE NOTICE that answering Defendants by and through their attorneys
`
`BARRY McTIERNAN & MOORE LLC, hereby demand that Plaintiff produce the following
`
`within thirty (30) days:
`
`A copy of every Notice of Claim served on each of the Defendants.
`
`A copy of the Affidavit of Service of each Notice of Claim served on the
`
`A copy of every pre-suit demand letter(s) served on each of the Defendants.
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`A copy of the Affidavit of Service of each pre-suit demand letter served on the
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`1.
`
`2.
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`Defendants.
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`3.
`
`4.
`
`Defendants.
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`5.
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`A copy of the 50-H hearing transcript.
`
`PLEASE TAKE FURTHER NOTICE that unless the above demand is complied with
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`within thirty (30) days, Defendants will file a motion seeking dismissal of the action.
`
`Dated: New York, New York
` March 27, 2024
`
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`13 of 34
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`
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
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`
`Yours, etc.,
`
`
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`
`
`BARRY McTIERNAN & MOORE LLC
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`
`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
`
`
`
`
`
`
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`
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`
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`
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`
`
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`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`14 of 34
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`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`-against-
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`Index No.: 152344/2024
`
`NOTICE TO PRODUCE
`
`
`PLEASE TAKE NOTICE that, pursuant to CPLR Article 31 of the Civil Practice Law
`
`and Rules, the defendant(s) hereby demand that you produce and permit the discovery of the
`
`following documents:
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`1. Records from any video conference/telemedicine appointments/contacts and any
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`records that plaintiff has from any treating clinician during the COVID-19
`
`lock-down or since the outbreak of the Coronavirus.
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`PLEASE TAKE FURTHER NOTICE that said items are to be produced within twenty
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`
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`(20) days of the date of this demand at the offices of the undersigned, or any other date, time and
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`location mutually agreed upon in advance of said date by the attorneys for the parties herein, at
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`which time said items will be physically inspected, copies, mechanically produced and returned.
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`PLEASE TAKE FURTHER NOTICE that if any item sought herein does not exist or has
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`been destroyed, a sworn statement by a person with knowledge as to the non-existence of said
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`item must be provided to defendant’s counsel on or before the return date hereof in lieu of the
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`production of the demand item.
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`15 of 34
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`PLEASE TAKE FURTHER NOTICE that the demands and notices herein are continuing. If any
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`of the items or information demanded herein are obtained after the return date. of this demand, they are
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`required to be furnished to the undersigned within twenty (20) days after discovery thereof.
`
`Dated: New York, New York
` March 27, 2024
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`
`
`
`
`
`BARRY McTIERNAN & MOORE LLC
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`
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`TO:
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`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`16 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`Index No.: 152344/2024
`
`
`
`
`Plaintiff,
`
`-against-
`
`NOTICE TO TAKE
`DEPOSITION UPON
`ORAL EXAMINATION
`
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR the testimony upon
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`oral examination of: all parties, as adverse party and witness will be taken before a Notary
`
`Public who is not an attorney, or employee of an attorney, for any party of prospective party
`
`herein and is not a person who would be disqualified to act as a juror because of interest or
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`because of consanguinity or affinity to any party herein, at the offices of Barry McTiernan &
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`Moore LLC located at 101 Greenwich Street, 14th Floor, New York, New York, on the 27th
`
`day of September, 2024, at 10:00 o’clock in the morning of that day with respect to evidence
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`and material necessary in the prosecution defense of this action:
`
`
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`All of the relevant facts and circumstances in connection with the accident including
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`negligence, contributory negligence, liability and damages.
`
`That the said person(s) to be examined are required to produce at such examination the
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`following:
`
`ANY AND ALL PAPERS, BOOKS
`AND DOCUMENTS RELATING TO THIS MATTER.
`
`
`17 of 34
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`
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`Dated: New York, New York
` March 27, 2024
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`
`
`
`
`
`BARRY McTIERNAN & MOORE LLC
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`TO:
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`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`18 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`Index No.: 152344/2024
`
`
`
`
`Plaintiff,
`NOTICE
` PURSUANT TO
`
`-against-
` CPLR §3101(d)(1)
`
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`IT IS HEREBY demanded that the plaintiff(s) disclose each person expected to be called
`
`as expert witnesses at trial.
`
`
`
`IT IS FURTHER demanded that the plaintiff disclose in reasonable detail:
`
`(a)
`
`The name and address of each and every expert
`witness;
`
`(b) The qualifications for each expert witness;
`
`(c)
`
`The subject matter on which each expert is
`
`expected to testify;
`
`(d) The substance of the facts and opinions on which
`each expert is expected to testify;
`
`
`(e)
`
`a summary of the grounds for each expert's
`
`opinion.
`
`(f)
`
`The substance of the opinion of each and every
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`witness;
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`19 of 34
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`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE that unless the above demand is complied with,
`
`within thirty (30) days, an application will be made to preclude the plaintiff(s) from giving any
`
`evidence in accordance with the CPLR rules.
`
`Dated: New York, New York
` March 27, 2024
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`
`
`
`
`
`BARRY McTIERNAN & MOORE LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
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`TO:
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`
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`
`
`
`
`_______________________________
`By: John V. Wynne, Esq.
`Attorneys for Defendants
`MTA BUS COMPANY, NEW YORK CITY
`TRANSIT AUTHORITY, MANHATTAN AND
`BRONX SURFACE TRANSIT OPERATING
`AUTHORITY and METROPOLITAN
`TRANSPORTATION AUTHORITY
`Office & P.O. Address
`101 Greenwich Street, 14th Floor
`New York, New York 10006
`(212) 313-3600
`File No.: MTB68538
`
`GAMBONE LAW GROUP, PLLC
`Attorney(s) for Plaintiff
`8652 Woodhaven Boulevard
`Woodhaven, New York 11421
`(718) 650-5111
`
`
`
`20 of 34
`
`
`
`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-----------------------------------------------------------------------X
`VICTOR LIU,
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`-against-
`
`MTA BUS COMPANY, NEW YORK CITY TRANSIT
`AUTHORITY, MANHATTAN AND BRONX SURFACE
`TRANSIT OPERATING AUTHORITY, METROPOLITAN
`TRANSPORTATION AUTHORITY d/b/a MTA and
`WILLIAM BENDOYA,
`
`Defendants.
`-----------------------------------------------------------------------X
`C O U N S E L O R S :
`
`
`Index No.: 152344/2024
`
`DEMAND FOR
`LITIGATION
`FUNDING
`INFORMATION
`
`PLEASE TAKE NOTICE that the undersigned hereby demands, pursuant to CPLR §§
`
`3101, et seq., whether Plaintiff(s), Plaintiffs (s’) attorney(s), or anyone on behalf of Plaintiff or
`
`Plaintiffs attorney(s) has entered into an agreement, contract, contingency or loan with a lender,
`
`litigation funding company, litigation lending company, medical funding company or other
`
`similar entity, company, corporation, partnership or person that is engaged in loaning money,
`
`advancing money Plaintiff or Plaintiff's attorney(s) in connection with any aspect of this case,
`
`whether it be for payment of medical bills, litigation expenses, witness expenses, lost wages or
`
`an advancement against a portion of all or any potential recovery Plaintiff may receive and, if so,
`
`produce within thirty (30) days the following:
`
`
`
`1.
`
`The complete name and address of the lender, litigation funding company,
`
`litigation lending company, medical funding company or similar entity as described above.
`
`
`
`
`
`2.
`
`3.
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`The date on which such agreement, advance or loan was made.
`
`The amount of such agreement, advance or loan on the date the agreement,
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`advance or loan was made.
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`21 of 34
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`FILED: NEW YORK COUNTY CLERK 04/01/2024 11:44 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. 152344/2024
`
`RECEIVED NYSCEF: 04/01/2024
`
`
`
`4.
`
`The current owed amount on the agreement, advance or loan as well as
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`documentation to support such a claim.
`
`
`
`5.
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`Legible copies of all information, including documents of any kind, provided to
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`the lender, litigation funding company, litigation lending company either pursuant to the request
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`of the lender, litigation funding company or litigation lending company, or voluntarily provided
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`by Plaintiff, Plaintiff's attorney(s) or anyone on behalf of Plaintiff or Plaintiff's attorney(s)
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`including but not limited to brochures, applications, contracts, agreement, liens, correspondence
`
`or other s
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