FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`ANSWER
`
`Index No. 537190/2022
`
`The Defendant(s), ISAAC KAIREY, by Law Office of Lawrence & Lawrence, as
`
`
`
`and for his/her/their Answer to the Complaint herein, allege(s) as follows:
`
`FIRST: Denies/deny any knowledge or information sufficient to form a belief as
`
`to the allegation(s) contained in paragraph(s) designated as “1 & 2” of the Complaint herein.
`
`SECOND: Upon information and belief, denies/deny each and every allegation
`
`contained in paragraphs designated as “3, 4, 5, 6, 7, & 8” of the Complaint herein.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`THIS (THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
`
`Any damages sustained by the Plaintiff(s) were caused by the culpable conduct of
`
`the Plaintiff(s), including contributory negligence or assumption of risk, and not by the culpable
`
`conduct or negligence of this(these) answering Defendant(s).
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
`
`Upon information and belief, Plaintiff(s) failed to use or misused seat belts, and
`
`thereby contributed to the alleged injuries.
`
`
`
`1 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE,
`THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
`
`That the Court lacks jurisdiction over the person of the Defendant(s) ISAAC
`
`KAIREY by reason of the non-service of the summons upon the Defendant(s) ISAAC KAIREY,
`
`either personally or by substituted service.
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
`
`That to the extent plaintiff recovers any damages for the cost of medical care,
`
`dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the
`
`amount of the award shall be reduced by the sum total of all collateral reimbursements, from
`
`whatever source, whether it be insurance, social security payments, no fault payments, Workers
`
`Compensation, employee benefits or other such programs, in accordance with the provisions of
`
`the CPLR 4545.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`THIS(THESE) ANSWERING DEFENDANT(S) ALLEGE(S):
`
`In the event that any person or entity liable or claimed to be liable for the injury
`
`alleged in this action has been given or may hereafter be given a release or covenant not to sue,
`
`defendant will be entitled to protection under General Obligations Law 15-108 and the
`
`corresponding reduction of any damages which may be determined to be due against this
`
`answering defendant.
`
`WHEREFORE, this answering Defendant(s) demand(s) judgment dismissing the
`
`Complaint herein with costs.
`
`
`
`2
`2 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`DATED: Garden City, NY
`January 25, 2023
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`3
`3 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`COMBINED DEMAND FOR
`DISCOVERY AND INSPECTION
`
`Index No. 537190/2022
`
`PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
`
`
`
`demanded that you serve upon the office of the undersigned, within thirty (30) days the
`
`following:
`
`1.
`
`2.
`
`
`3.
`
`4.
`
`
`5.
`
`The names and addresses of all witnesses known to the Plaintiff(s) and the
`Plaintiff's representatives, who it will be claimed were witnesses to the
`following:
`(a)
`The alleged occurrence in question.
`(b)
`Any alleged defective condition.
`(c)
`The site of the alleged occurrence immediately prior and
`immediately subsequent to the alleged occurrence.
`The actions of any of the parties, or of any non-parties, before,
`during, or after the alleged occurrence.
`
`
`Any statements, oral, written or electronically recorded, from any party we
`represent, in the possession of the Plaintiff(s) or the Plaintiff(s)
`representatives.
`
`(d)
`
`Any photographs of the following:
`(a)
`The site of the alleged occurrence.
`(b)
`Any instrumentalities involved.
`
`Any accident reports made in the normal course of business. Pataki v.
`Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981).
`
`Any diagrams, drawings, notes, records, etc., made from any information
`provided by any client we represent.
`
`
`
`4 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`Any notes, records, memoranda, diagrams, drawings, photographs made
`or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s)
`representatives, even if made in contemplation of litigation.
`
`The name and address of each and every person you expect to call as an
`expert witness at the trial of this action;
`
`In reasonable detail, the subject matter on which each expert is expected to
`testify;
`
`The substance of the facts and opinions on which each expert is expected
`to testify;
`
`
`10.
`
`11.
`
`12. Maintenance and repair records for the motor vehicle of the Plaintiff(s) for
`one (1) year prior to the alleged occurrence.
`
`
`6.
`
`
`7.
`
`
`8.
`
`
`9.
`
`
`13.
`
`
`14.
`
`
`15.
`
`
`
`The qualification of each expert witness, and;
`
`A summary of the grounds for each expert's opinion.
`
`Copies of any letters or written communications from Plaintiff(s) to
`Defendant(s) citing any alleged defective conditions.
`
`Duly executed authorization allowing the undersigned to obtain the
`employment records of the party seeking recovery for the period
`commencing one (1) year prior to the date of the subject occurrence and
`continuing to the present date. This authorization shall allow access to,
`but shall not be limited to, records regarding the Plaintiff(s)' salary and
`attendance.
`(a)
`If Plaintiff is a student: duly executed authorization(s) allowing the
`undersigned to obtain the school records of the Plaintiff for the
`period commencing one (1) year prior to the date of the occurrence
`and continuing to the present date.
`
`Copies of the Plaintiff(s)' City, State and Federal Income Tax Records for
`the period commencing two (2) years prior to the date of the subject
`occurrence and for all subsequent years up to and including the present. If
`such records, or a portion thereof are unavailable, authorizations to obtain
`such records from the Internal Revenue Service and/or New York State
`Department of Taxation. If income tax returns were not filed for such
`period or a portion thereof, so state in reply to this demand.
`
`
`
`2
`5 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`16.
`
`
`17.
`
`
`18.
`
`19.
`
`20.
`
`Duly executed and acknowledged original authorizations permitting
`this/these Defendant(s) to obtain and copy No-Fault medical and wage
`records for each Plaintiff for the period from the date of occurrence to the
`present.
`
`If a claim has or will be made pursuant to the terms of ARTICLE 51 of the
`Insurance Law of the State of New York (No-Fault Law); with respect to
`each and every application:
`(a)
`Set forth the name, address, policy number and claim number of
`each company to which a claim has been or will be made,
`including OBEL, Additional PIP and Medical Payments coverage.
`Set forth duly executed and acknowledged written authorizations
`enabling the undersigned to obtain the records relating to the
`Plaintiff from each company identified in the response to
`Paragraph "(a)".
`
`(b)
`
`If a claim has or will be made pursuant to the terms of the Workers'
`Compensation Law, with respect to each and every application:
`(a)
`Set forth the name, address, policy number and claim number to
`which a claim has been or will be made, together with the Workers'
`Compensation Board file number.
`Set forth duly executed and acknowledged written authorizations
`enabling the undersigned to obtain the records relating to the
`Plaintiff from each company identified in the response to
`Paragraph "(a)".
`
`(b)
`
`
`If a disability claim has or will be made pursuant to the terms of the Social
`Security Laws, with respect to each and every application:
`(a)
`Set forth the claim office, the address and the claim number
`assigned.
`Set forth duly executed and acknowledged written authorizations
`enabling the undersigned to obtain the records relating to the
`Plaintiff.
`
`(b)
`
`
`Pursuant to CPLR Section 4545(a) produce and permit the undersigned
`attorneys to inspect and copy the contents of:
`(a)
`Each and every collateral source of payment, including but not
`limited to, insurance agreements, Social Security, Workers'
`Compensation or employee benefit programs, and any other
`collateral source of payment for past or future costs or expenses
`alleged to have been incurred by the Plaintiffs and for which
`recovery is sought in the instant action and
`
`
`
`3
`6 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`(b)
`
`(c)
`
`(d)
`
`A written statement setting forth any and all such collateral sources
`and their amounts.
`Duly executed written authorizations permitting the undersigned
`attorneys to obtain and make copies of all records relating to
`collateral source information as set forth herein.
`The amounts and any and all correspondence in which, the
`plaintiff(s) will claim as lawful liens against the plaintiff(s)
`recovery.
`
`
`If it is claimed that the Plaintiff husband/wife is married to Plaintiff
`husband/wife. Please set forth a copy of their Marriage Certificate.
`
`If it is claimed that the infant Plaintiff is the natural son/daughter of the
`Plaintiff mother/father or natural guardian set forth a copy of the Birth
`Certificate of infant Plaintiff.
`
`
`23. Withholding statements, pay envelopes, deposit slips, or any other
`evidence of income earned by Plaintiff(s) for the current calendar year.
`
`21.
`
`
`22.
`
`
`24.
`
`
`25.
`
`
`26.
`
`
`27.
`
`Copies of any and all bills, statements or receipts relating to any non-
`medical expense claimed as damages in this lawsuit which have not been
`produced in response to any of the preceding paragraphs.
`
`Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and
`any other damaged property. If the vehicle was not repairable, in addition,
`attach estimates of the value of the vehicle on the date of the alleged
`incident and estimates and/or receipts concerning salvage value.
`
`Any releases, and any other type of settlement agreements between
`Plaintiff(s) and any other party which may have been responsible for the
`damages claimed by Plaintiff(s).
`
`Any and all photographs, blow-ups, recordings, charts, graphs, sketches
`and any other tangible items or documentary evidence which you intend to
`use during the trial of this case and which have not been produced in
`response to any of the preceding paragraphs.
`
`All documents, papers or evidence to be introduced at trial.
`
`
`28.
`
`PLEASE TAKE FURTHER NOTICE that the within demands are continuing
`
`demands. In the event any of the above items are obtained after service of this demand, they are
`
`to be furnished to this office upon receipt.
`
`
`
`4
`7 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`DATED: Garden City, NY
`January 25, 2023
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`5
`8 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`DEMAND FOR VERIFIED BILL OF
`PARTICULARS WITH NOTICE
`PURSUANT TO C.P.L.R. SECTION
`3042(c)
`
`Index No. 537190/2022
`
`PLEASE TAKE NOTICE that you are hereby required to file and serve the
`
`
`
`following Verified Bill of Particulars of Plaintiff's alleged cause of action herein, within thirty
`
`(30) days from the date of service hereof.
`
`The date and time of occurrence.
`
`1.
`
`2.
`
`5.
`
`
`6.
`
`State the location of the accident in sufficient detail to permit
`identification, giving direction in which each vehicle was proceeding.
`
`Statement of the acts of omissions constituting the negligence claimed.
`
`State what part of each of the respective vehicles came in contact.
`
`
`3.
`
`4.
`
`If property damages are being claimed, set forth:
`
`Itemized statement of the alleged damage to Plaintiff's vehicle, together
`with the costs of repair of each item.
`
`State the make, model and year of manufacture of Plaintiff's vehicle and
`the reasonable market value of same immediately prior to and immediately
`after the alleged accident.
`
`
`If personal injuries are being claimed, set forth:
`
`The nature, extent, location and duration of each and every injury alleged
`to have been sustained by the Plaintiff and which, if any, are claimed to be
`permanent.
`
`7.
`
`
`
`
`
`9 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`8.
`
`9.
`
`
`10.
`
`
`11.
`
`
`12.
`
`
`13.
`
`
`14.
`
`The length of time, giving specific dates, Plaintiff was confined to:
`(a)
`the hospital,
`(b)
`to bed, and
`(c)
`to home as a result of the alleged injuries.
`
`The length of time incapacitated from employment and/or household
`duties as a result of the alleged injuries. If Plaintiff is a student, the length
`of time incapacitated from school as a result of the alleged injuries.
`
`Total amounts claimed as special damages for:
`(a)
`physician's services;
`(b) medical supplies;
`(c)
`loss of earnings;
`(d)
`nurses' services;
`(e)
`hospital expenses;
`(f)
`x-rays expenses;
`(g)
`any other items of special damage;
`(h)
`name and address of Plaintiff's employer at the time of the
`accident. If Plaintiff is self-employed, please state nature of
`business, business name and address. If Plaintiff is a student, name
`and address of school attending at time of accident, and designated
`class or grade.
`
`State in what respect Plaintiff has sustained a serious injury, as defined in
`Subdivision (d) of Section 5102 of the Insurance Law, or economic loss
`greater than basic economic loss, as defined in Subdivision (a) of 5102 of
`the Insurance Law.
`
`If negligent entrustment is alleged, set forth, with specificity, each and
`every fact which constitutes the basis of the claim.
`
`Set forth the manner in which it is claimed the negligent entrustment
`occurred.
`
`If it is alleged that the owner of the vehicle had prior knowledge of some
`propensity to be alleged by the Plaintiff regarding the operation of the
`vehicle, set forth:
`(a) What propensities or actions it is alleged the owner of the vehicle
`was aware of.
`Set forth if the owner of the vehicle had actual or constructive
`notice.
`
`(b)
`
`
`
`2
`10 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`(c)
`
`If actual notice is alleged:
`(1)
`Set forth the date, time and place which will be alleged that
`the owner was made aware of the propensities, actions, or
`traits.
`Set forth the names and addresses of the individuals it will
`be alleged so advised the owner of our vehicle of the
`propensities, actions, or traits of our operator.
`
`(2)
`
`
`If Plaintiff prayed for general relief, state the total damages to which all
`Plaintiff(s) deem himself/herself/themselves entitled.
`
`If Plaintiff prayed for general relief, state the total damages that each
`Plaintiff deems himself/herself entitled.
`
`Regarding Paragraph 16, state each category of damages and the amount
`demanded in each category.
`
`
`If a cause of action is claimed Section 205(e) of The General Municipal Law:
`
`15.
`
`
`16.
`
`
`17.
`
`18.
`
`
`19.
`
`Set forth by Section every statute, regulations, ordinance, rule, order and
`requirement of the Federal, State, County, Village, Town or City
`government of any and all of their departments, divisions and bureau it is
`alleged was violated by Defendant.
`
`Identify for each act or omission it will be claimed was committed by
`Defendant(s),
`the
`rule,
`regulation, statute, ordinance, order and
`requirement it is claimed said act violated.
`
`
`PLEASE TAKE FURTHER NOTICE that if a copy of the Verified Bill of
`
`Particulars of the Plaintiffs' alleged cause of action is not served within thirty (30) days of receipt
`
`of this Notice, an appropriate motion to preclude will be made pursuant to this Notice at the time
`
`of trial of this action.
`
`
`
`3
`11 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`DATED: Garden City, NY
`January 25, 2023
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`4
`12 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`DEMAND FOR COPIES OF
`PLAINTIFF’S MEDICAL REPORTS
`
`Index No. 537190/2022
`
`PLEASE TAKE NOTICE that pursuant to the Uniform Rules for the New York
`
`
`
`State Trial Courts, demand is hereby made upon the Plaintiff(s) or his attorney to:
`
`Serve upon and deliver to the attorney for Defendant(s), copies of the
`medical reports of those physicians who have previously treated or
`examined Plaintiff(s) and who will testify on his/her behalf. These 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
`x-rays and technician's reports which will be offered at the trial.
`
`Serve upon and deliver to the attorney for Defendant(s), duly executed and
`acknowledged written HIPAA Compliant Authorizations permitting all
`parties to obtain and make copies of all hospital records and such other
`records, including x-rays and technician's reports, as to be referred to and
`identified in the statement of the Plaintiff(s) physicians.
`
`1.
`
`
`2.
`
`
`3.
`
`Serve upon and deliver to the attorney for Defendant(s), copies of all
`graphic, numerical, symbolic, digital, film, video, computer generated,
`computer enhanced or otherwise produced electronically and/or digitally,
`photographic or pictorial representations regarding any procedures,
`treatments, admissions, office visits, injuries, scene of the accident or the
`vehicles or instrumentalities involved, disabilities, medical or diagnostic
`procedures or tests, performed by or on behalf of the Plaintiff(s) herein or
`by any facility regarding the claims of the Plaintiff(s) herein.
`
`
`PLEASE TAKE FURTHER NOTICE that upon his failure to comply with this
`
`demand, Plaintiff(s) will be precluded upon the trial of the within action from offering in
`
`evidence or testifying as to any of the reports, records or examination demanded herein.
`
`
`
`13 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`DATED: Garden City, NY
`January 25, 2023
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`2
`14 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`NOTICE OF EXAMINATION
`BEFORE TRIAL
`
`Index No. 537190/2022
`
`PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law
`
`
`
`and Rules, the undersigned will take the testimony of all Adverse Parties in the manner
`
`following:
`
`TO BE DETERMINED AT THE PRELIMINARY CONFERENCE
`
`
`upon all the relevant facts and circumstances surrounding the accident which is the subject of
`
`this action, including negligence, contributory negligence and damages; and for the purposes
`
`authorized by Rule 3111 of the Civil Practice Law and Rules, said Plaintiff(s) is/are required to
`
`produce at such examination the following:
`
`All books, papers and records relating to said action in the possession, custody or
`
`control of said Plaintiff(s) / Co-Defendant(s).
`
`
`
`15 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`DATED: Garden City, NY
`January 25, 2023
`
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`2
`16 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`DEMAND PURSUANT TO
`SECTION 306(a)
`
`Index No. 537190/2022
`
`IT IS HEREBY DEMANDED that you serve upon the undersigned, either a
`
`
`
`copy of the receipt for the Index Number purchased or the date the Index Number was purchased
`
`as per said receipt.
`
`DATED: Garden City, NY
`January 25, 2023
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`17 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`DEMAND PURSUANT TO
`SECTION 306(c)
`
`Index No. 537190/2022
`
`PLEASE TAKE NOTICE that pursuant to § 306-c Notice of commencement of
`
`
`
`action for personal injuries by recipient of medical assistance, it is hereby demanded that you
`
`serve upon the office of the undersigned, within thirty (30) days proof of compliance to the
`
`following:
`
`In the case of an individual who has suffered personal injuries and has received
`
`medical assistance pursuant to Titles Eleven and Eleven-D of Article Five of the Social Services
`
`Law on or after the date of such injury, notice of the commencement of an action by or on behalf
`
`of such individual for such personal injuries shall be sent to the Social Services District in the
`
`County in which such recipient resides, or to the Department of Health, by certified mail, return
`
`receipt requested, or electronically in accord with regulations promulgated by the Commissioner
`
`of the Department of Health, within sixty (60) days of the completion of service upon all parties
`
`to such action. Proof of sending such notice shall be filed with the Court in accordance with
`
`Rule Three Hundred Six of this Article. Sending such notice shall not be a jurisdictional
`
`requirement to commencing an action.
`
`
`
`18 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`PLEASE TAKE FURTHER NOTICE that the within demands are continuing
`
`demands. In the event any of the above items are obtained after service of this demand, they are
`
`to be furnished to this office upon receipt.
`
`DATED: Garden City, NY
`January 25, 2023
`
`MITCHEL I. HERSTIC, ESQ.
`Attorneys for Plaintiff(s)
`111 John Street, Room 2200
`New York, NY 10038
`(212) 349-5180
`
`
`TO:
`
`
`
`
`
`Yours, etc.,
`
`Law Office of Lawrence & Lawrence
`Ira Lebowitz
`Attorney for Defendant
`ISAAC KAIREY
`1225 Franklin Avenue, Suite 100
`Garden City, NY 11530-1659
`Telephone: (646) 912-0316
`Fax: (516) 877-5797
`Our File No. 0691861405.1-
`
`2
`19 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF KINGS
`----------------------------------------------------------------------------------------------------------------------X
`ELINOR AVRAHAMY,
`
` Plaintiff,
`
` -against-
`
`ISAAC KAIREY,
`
` Defendant.
`
`---------------------------------------------------------------------------------------------------------------------X
`
`
`
`
`
`DEMAND FOR
`MEDICARE/MEDICAID
`REIMBURSEMENT INFORMATION
`
`Index No. 537190/2022
`
`PLEASE TAKE NOTICE that pursuant to 42 U.S.C. 1395y(b)(8), 42 C.F.R
`
`
`
`411.23, and CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the
`
`undersigned, within thirty (30) days the following:
`
`1.
`
`2.
`
`3.
`
`
`4.
`
`
`5.
`
`
`6.
`
`Plaintiff’s Social Security Number
`
`Plaintiff’s date of birth
`
`Plaintiff’s Medicare/Medicaid and Health Insurance Claim Numbers for
`both “Traditional" Medicare and Medicare Advantage Plans, as well as
`any additional supplemental Medicare Insurance Plan.
`
`to whether Plaintiff has received benefits from
`A statement as
`Medicare/Medicaid at any time, for any reason, not limited to the injuries
`alleged in the instant action.
`
`to whether Plaintiff has received benefits from
`A statement as
`Medicare/Medicaid claimed to be related to this instant action and an
`itemization of those benefits, including any and all information pertaining
`to Medicare Advantage Plans and any Supplemental Medicare Plan.
`
`If the answer to Request “4" or “5" above is “yes", please state or provide:
`(a) Whether Medicare/Medicaid has asserted a Medicare/Medicaid
`Secondary Payer right of reimbursement or lien, and the amount of
`any such reimbursement;
`
`
`
`20 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`Copies of any and all documents, records, memoranda, notes,
`correspondence etc.,
`in Plaintiff’s possession pertaining
`to
`Plaintiff’s receipt of Medicare/Medicaid benefits, including, but
`not limited to, copies of all documents provided to or received
`from the Medicare Center for Medicare/Medicaid Services (CMS),
`Coordination of Benefits Contractor
`(COBC), Commercial
`Repayment Center (CRC), Benefits Coordination and Recovery
`Center (BCRC) and Medicare Secondary Payer Recovery
`Contractor (MSPRC);
`A duly executed and acknowledged HIPAA Compliant
`Authorization and a CMS Consent to Release Information
`permitting Defendant to obtain copies of Plaintiff’s Medicare
`records. A copy of the Medicare and Medicaid Authorization and
`Consent to Release Information required by Medicare is attached
`hereto;
`If any Medicare/Medicaid Secondary Payer claims exist, please
`provide a copy of such claims. If no Medicare/Medicaid
`Secondary Payer claims exist, kindly provide a letter from
`Medicare/Medicaid attesting to that fact.
`
`(b)
`
`(c)
`
`(d)
`
`(c)
`
`(d)
`(e)
`
`7.
`
`
`Please state whether Plaintiff is Medicare-eligible by reason of:
`(a)
`Being age 65 or older;
`(b)
`Being entitled to receive Social Security Disability for the previous
`twenty-four (24) months;
`Having received a disability pension from the Railroad Retirement
`Board,
`Having received benefits for amyotrophic lateral sclerosis;
`Having a government job where Medicare taxes were paid, and the
`claimant meets the requirements of the Social Security Disability
`program.
`Being the child or widow(er), age 50 or older, including divorced
`widow(ers) of someone who has been in a government job where
`Medicare
`taxes were paid, and who meets
`the eligibility
`requirements of the Social Security Disability program;
`Has had permanent kidney failure, a kidney transplant or receives
`maintenance dialysis, or and:
`(1)
`Is eligible to or receive monthly benefits under Social
`Security or the Railroad Retirement System; or
`Has worked in a Medicare covered government job; or is
`the child or spouse (including divorced spouse) of a worker
`who has worked long enough under Social Security, or in a
`Medicare-covered government job.
`
`(f)
`
`(g)
`
`(2)
`
`
`
`21 of 37
`
`

`

`FILED: KINGS COUNTY CLERK 02/01/2023 07:26 AM
`NYSCEF DOC. NO. 2
`
`
`INDEX NO. 537190/2022
`
`RECEIVED NYSCEF: 02/01/2023
`
`
`PLEASE TAKE FURTHER NOTICE that this demand is made pursuant to the
`
`Medicare, Medicaid and State Children’s Health Insurance Program (SCHIP) Act of 2007.
`
`Federal Law mandates that the foregoing information be provided to the Centers for Medicare
`
`and Medicaid Services following resolution of the instant litigation.
`
`PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand
`
`in contravention of 42 C.F.R 411.23 may result in direct recovery by the centers for Medicare
`
`and Medicaid Services against the Plaintiff herein.
`
`PLEASE TAKE FURTHER NOTICE that the within demands are continuing
`
`demands. In the event any of the above items are obtained after service of this Demand, they are
`
`to be furnished to this office upon receipt.
`
`DATED: Garden City, NY
`Ja