`NYSCEF DOC. NO. 41
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`INDEX NO. 702414/2019
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`RECEIVED NYSCEF: 10/05/2020
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`KEVIN G. FALEY
`ANDREA M. ALONSO □
`MICHAEL B. TITOWSKY
`PATRICIA E. PERMAKOFF
`KENNETH E. PITCOFF
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`KEVIN F. MAHON
`MICHAEL V. CAMPANILE
`LINA C. ROSSILLO
`JAMES A. PANNONE □
`MANUEL R. REYNOSO
`EDWARD J. HARRINGTON
`WILLIAM J. MANNING, JR.
`DONNA M. WHITE
`MARK A. HEALY
`ALLYSON P. LUBELL
`GAIL S. KARAN
`LEIGH H. SUTTON
`JENNA L. MASTRODDI □
`ELIZABETH A. FILARDI
`IRYNA S. KRAUCHANKA
`DORIS RIOS DUFFY
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`JEOUNGSON KIM
`OF COUNSEL
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`JOHN J. DUFFY
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`via e-mail: ap@andrewparkpc.com
`Andrew Park, P.C.
`450 Seventh Avenue, Suite 1805
`New York, New York 10123
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`Dear Counsel:
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`As a point of re-introduction, this office represents the defendants, Giovanny Bouret and
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`Caulktite Corp. in the above-referenced matter.
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`Your undersigned was recently notified by ExamWorks that the plaintiff was unable to
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`attend the orthopedic surgery independent medical examination with Dr. Jeffrey Passick on
`September 21, 2020. The reason for the adjournment was that the plaintiff had surgery on August
`31, 2020.
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`ROBERT MAROTTA
`GEORGE APRILAKIS
`BEVERLY T. MCGRATH
`DIMITRY BENJAMIN
`ANTHONY V. MERRILL
`ANU BHARGAVA
`GREGORY S. NELSON
`LAUREN CASPARIE
`LILY A. OCKERT □
`PETER D. CHRISTAKIS □
`JOAN M. COCHA □
`TAMAR S. PELTZ
`PATRICK PRAGER
`MICHAEL A. CZOLACZ
`ROBERT J. REILLY
`LATRACE DABNEY
`NOAH S. REISS □
`DEJON C. DELPINO
`KELSEY DOUGHERTY HOWARD REBECCA J. ROSEDALE □
`ARIANNA EFSTATHIOU □
`KEVIN J. RYAN □
`SEAN J. FERGUSON
`MICHAEL W. SOLIMAN
`ANASTASIOS N. FLOKAS
`DAVID J. TAMKE
`FRANK H. FOSTER
`JONATHAN A. TAND
`CHRISTOPHER R. INVIDIATA
`DANIEL P. VINCE
`CHARLES M. KERR
`ROBERT S. WHITBECK
`AMANDA M. ZEFI □
`CRISTINA A. KNORR
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`CLAUDE E. LAROCHE
`□ ADMITTED IN NY AND NJ
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`101 GREENWICH STREET
`NEW YORK, NY 10006
`(212) 766-1888
`FAX (212) 766-3252
`WWW.MDAFNY.COM
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`LONG ISLAND
`1 OLD COUNTRY ROAD
`CARLE PLACE, NY 11514
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`WESTCHESTER
`445 HAMILTON AVENUE
`WHITE PLAINS, NY 10601
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`NEW JERSEY
`744 FLOYD STREET
`ENGLEWOOD CLIFFS, NJ 07632
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`September 21, 2020
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`Re:
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`Kim v. Bouret et ano.
`Index No.:
`702414/2019
`Date of Loss: January 3, 2019
`Our File No.: (PRG) 69480
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`Based on the above, demand is hereby made upon you for the following:
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`1.
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`Authorizations for any and all medical providers that treated
`the plaintiff since the plaintiff’s deposition was conducted,
`including authorizations for the surgeon, the surgical facility
`and any diagnostic that were taken since the plaintiff’s
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`FILED: QUEENS COUNTY CLERK 10/05/2020 11:34 AM
`NYSCEF DOC. NO. 41
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`INDEX NO. 702414/2019
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`RECEIVED NYSCEF: 10/05/2020
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`Andrew Park, P.C.
`Re: Kim v. Bouret et ano.
`Index No.: 702414/2019
`Date of Loss: January 3, 2019
`Our File No.: (PRG) 69480
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`Page 2
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`2.
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`deposition; and
`A Supplemental Bill of Particulars delineating what the
`surgery entailed on August 31, 2000, assuming you are
`alleging the surgery was causally related to the subject
`accident.
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`Upon receipt of this correspondence, please contact your undersigned immediately to
`schedule a supplemental deposition of the plaintiff herein. This office has not waived
`independent medical examinations and we are in the process of rescheduling the independent
`orthopedic surgery examination.
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`Please allow this letter to serve as a good faith attempt to resolve the aforementioned
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`discovery issues absent the use of judicial intervention. Please be advised that should you attempt
`to file the Note of Issue while the aforementioned discovery remains outstanding, we will seek
`costs and sanctions, and prepare a motion to vacate the Note of Issue. Please be guided
`accordingly.
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`Thank you very much for your anticipated cooperation. Should you have any questions or
`wish to discuss this matter, please do not hesitate to contact your undersigned at any time.
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`MVC/jcs
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`Very truly yours,
`Michael V. Campanile
`MICHAEL V. CAMPANILE
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