FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`------------------------------------------------------------------------X
`MICHAEL DJURIC and MARIA DJURIC,
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`Plaintiffs,
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`-against-
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`Index No. 703422/2024
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`VERIFIED ANSWER
`
`
`SHAWMUT DESIGN AND CONSTRUCTION,
`
`Defendant
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`------------------------------------------------------------------------X
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`
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`The defendant SHAWMUT WOODWORKING & SUPPLY, INC. d/b/a SHAWMUT
`DESIGN AND CONSTRUCTION by its attorneys, MORRIS DUFFY ALONSO FALEY &
`PITCOFF, upon information and belief, answers the plaintiff’s Complaint herein as follows:
`
`
`1.
`Denies each and every allegation contained in the paragraph or subdivision of the
`Complaint designated “1” except admits that SHAWMUT WOODWORKING & SUPPLY INC.
`D/B/A SHAWMUT DESIGN AND CONSTRUCTION is a foreign business corporation duly
`authorized to transact business in the State of New York and respectfully refers all questions of law to
`this honorable court.
`
`
`2.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated
`“2”, “3”, “4”, “5”, “7”, “8” and “9” and respectfully refers all questions of law to this honorable
`court.
`
`
`3.
`Denies each and every allegation contained in the paragraph or subdivision of the
`Complaint designated “6” with respect to answering defendant and respectfully refers all questions
`of law to this honorable court.
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`
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`
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`ANSWERING THE SECOND CAUSE OF ACTION
`
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`
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`As to the paragraph of the Complaint designated “10”, answering defendant repeats,
`4.
`reiterates and realleges each and every denial heretofore made with respect to paragraphs “1”
`through “9” inclusive, with the same force and effect as if fully set forth at length herein.
`
`5.
`Denies any knowledge or information sufficient to form a belief as to the truth of
`the allegations contained in the paragraph or subdivision of the Complaint designated “11”.
`
`6.
`Denies any knowledge or information thereof sufficient to form a belief as to the
`truth of the allegations contained in the paragraphs or subdivisions of the Complaint designated
`“12” and “13” and respectfully refers all questions of law to this honorable court.
`
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`1 of 51
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`
`
`7.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of the plaintiff, pursuant to Section 14-A, CPLR.
`
`
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`
`
`8.
`Any damages which may have been sustained by the plaintiff were contributed to
`in whole or in part by the culpable conduct of third parties not under the control of answering
`defendant.
`
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`
`
`9.
`Pursuant to CPLR 4545(c), if it be determined or established that plaintiff has
`received or with reasonable certainty shall receive the cost of medical care, dental care, custodial
`care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be
`replaced or indemnified, in whole or in part from any collateral source such as insurance (except
`for life insurance), social security (except for those benefits provided under title XVIII of the Social
`Security Act), workers' compensation or employee benefit programs (except such collateral source
`entitled by law to liens against any recovery of the plaintiff), then and in that event answering
`defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a
`collateral source in reduction of the amount of the award by such replacement or indemnification,
`minus an amount equal to the premiums paid by the plaintiff for such benefits for the two year
`period immediately preceding the accrual of this action and minus an amount equal to the projected
`future cost to the plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545(c).
`
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`10.
`The injuries and damages alleged, all of which are denied by the answering
`defendant, were caused by the intervening, interceding and superseding acts of third parties not
`under the control of answering defendant.
`
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`The plaintiff failed to mitigate his damages.
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`11.
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`
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`
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`12.
`That the action against the answering defendant cannot be prosecuted due to the
`plaintiff’s failure to name and likewise prosecute an indispensable party to this litigation.
`
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`Answering defendant is entitled to limitation of liability pursuant to Article 16 of
`
`13.
`the CPLR.
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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`14.
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`The Complaint fails to state a cause of action upon which relief may be granted.
`
`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`
`
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`15.
`This action lacks merit and is contrary to established law and fact and answering
`defendant is entitled to costs in the sum of $10,000 for this frivolous action.
`
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`
`
`
`16.
`Plaintiff is bound by the provisions of Workers Compensation Law of the State of
`New York and, by virtue of the statutes therein contained are restricted and limited to recovery
`under the provisions of said law.
`
`
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`
`
`
`17.
`If the plaintiff sustained damages as alleged, such damages occurred while the
`plaintiff was engaged in an activity into which he entered, knowing the hazard, risk and danger of
`the activity and he assumed the risks incidental to and attending the activity.
`
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`
`
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`The plaintiff’s claim is barred by reason of a previous accord, satisfaction and
`18.
`release as to the same claim.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`
`19.
`Any alleged defective condition was open and obvious and therefore should have
`been avoided by plaintiff.
`
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
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`
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`20.
`recover.
`
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`Any alleged defective condition was a “trivial defect” for which plaintiff may not
`
`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
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`
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`21.
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`Plaintiff’s action is barred by recalcitrant worker defense.
`
`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
`
`Defendant asserts that plaintiff’s claim for indemnification is barred by Section
`22.
`5.322.1 of the General Obligations Law.
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
`
`
`
`Upon information and belief the plaintiff did not suffer a “grave injury” as defined
`23.
`under the Workers Compensation Laws of the State of New York and therefore this third party is
`barred.
`
`
`AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
`
`The plaintiff failed to satisfy a condition precedent.
`
`24.
`
`
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`AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
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`
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`25.
`Answering defendant did not own, lease or control the area where the occurrence
`took place, and therefore, cannot be found negligent.
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`AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
`
`26.
`The Complaint must be dismissed due to lack of privity between plaintiff and
`answering defendant.
`
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`AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
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`Plaintiff was involved in an activity inherently dangerous.
`
`27,
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`AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
`
`
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`The defendant is not liable to the plaintiff as the plaintiff’s actions were the sole
`27.
`proximate cause of the alleged occurrence.
`
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`AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
`
`
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`28.
`condition.
`
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`The answering defendant did not have actual or constructive notice of the alleged
`
`AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
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`
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`29.
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`No duty to plaintiff was owed by answering defendant.
`
`AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
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`30.
`Defendant did not control the alleged work site, had no duty and was not on actual
`or constructive notice of circumstances alleged in plaintiff’s Complaint.
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`4 of 51
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
`
`
`
`31.
`Plaintiff was not injured as alleged in the Complaint as a worker in a protected
`activity as enumerated by the New York State Labor Law.
`
`
`AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
`
`32.
`Plaintiff was not employed at the premises, nor lawfully upon the premises, as
`required for a finding of liability under Labor Law Section 241(6).
`
`AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
`
`
`
`
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`33.
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`Plaintiff was involved in an activity inherently dangerous.
`
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`
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`35.
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`36.
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`AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
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`34.
`This action is barred by virtue of the absence of privity or of any contractual
`relationship whatsoever between plaintiff and this defendant.
`
`AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
`
`Plaintiff’s claims are barred in whole or in part as it is against public policy.
`
`AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE
`
`Plaintiff lacks standing to seek damages from defendant.
`
`AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
`
`37.
`Defendant asserts Section 15-108 of the General Obligations Law and will ask the
`Court that the defendant be entitled to a set-off for any settlements, releases or discontinuances.
`
`AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE
`
`38.
`Defendant reserves the right to amend affirmative defenses after receipt of alleged
`contract and additional discovery.
`
`
`WHEREFORE, answering defendant demands judgment dismissing the Complaint
`together with the costs, interest and disbursements of this action.
`
`Dated: New York, New York
`
`April 9, 2024
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`5 of 51
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Lina C. CRossillo
`By: _____________________________
`LINA C. ROSSILLO
`Attorneys for Defendant
`SHAWMUT WOODWORKING & SUPPLY, INC.
`d/b/a SHAWMUT DESIGN
`AND CONSTRUCTION
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (SP) 77122
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`TO:
`SACKS & SACKS, LLP
`Attorneys for Plaintiff
`150 Broadway – 4th Floor
`New York, NY 10038
`212.964.5570
`adam@sacks-sacks.com
`
`
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`6 of 51
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`------------------------------------------------------------------------X
`MICHAEL DJURIC and MARIA DJURIC,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
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`
`
`
`
`
`
`-against-
`
`Index No. 703422/2024
`
`DEMAND FOR VERIFIED
`BILL OF PARTICULARS
`
`
`
`
`
`
`SHAWMUT DESIGN AND CONSTRUCTION,
`
`Defendant
`
`
`
`
`------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043 and
`
`Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a verified Bill
`of Particulars upon the undersigned within twenty (20) days after the receipt of this Demand.
`
`
`
`In the event of your failure to comply with this Demand for a verified Bill of Particulars
`within that time, a motion will be made for an Order precluding you from offering any evidence
`on the causes of action alleged in the Complaint concerning the following items as they concern
`the answering defendant:
`
`
`The date and approximate time of day of the occurrence alleged in the complaint.
`
`The specific acts or omissions constituting the alleged negligence of the defendant.
`
`1.
`
`The location of the occurrence alleged in the complaint including distances from
`2.
`identifiable points of reference, with sufficient detail to permit accurate identification.
`
`3.
`
`If a defective and/or dangerous condition is alleged, set forth in detail the nature,
`4.
`manner and location of the particular condition that was responsible, wholly or partially, for the
`occurrence alleged in the complaint.
`
`If a dangerous activity is alleged, set forth in detail the nature, manner and location
`5.
`of the particular activity that was responsible, wholly or partially, for the occurrence alleged in the
`complaint.
`
`
`
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`6.
`
`7.
`
`If constructive notice is claimed, then set forth a statement of facts which allegedly
`8.
`constitute such notice, including, without limitation, the name of the person which allegedly have
`
`State whether actual notice is claimed.
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`State whether constructive notice is claimed.
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`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`received such notice and the period of time (in minutes, hours, days, etc.) that the alleged condition
`and/or activity existed.
`
`If it is claimed that notice of the alleged condition and/or activity was given to
`9.
`defendants, then state the following:
`
`
`
`
`
`
`
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`(a) Whether the alleged notice was in writing or
`
`by oral communication;
`
`
`
`
`
`
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`(b)
`
`(c)
`
`(d)
`
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`The date and place of the notice;
`
`The name and address(es) of the
`recipient and the deliverer of the
`notice;
`
`The name and address(es) of each person
`present at and for the notice;
`
`(e)
`
`The substance of each such notice.
`
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`State whether it is claimed that defendants (or any other defendant, if applicable)
`10.
`or its agent, servant and/or employee, caused or created the alleged condition and/or activity.
`
`
`If it is claimed that defendants (or any other defendant, if applicable) or its agent,
`11.
`servant and/or employee, caused or created the alleged condition and/or activity, state the name of
`the person who caused or created the alleged condition and/or activity and state the date and time
`when the alleged condition and/or activity was caused or created.
`
`If a foreign substance is involved in the occurrence alleged in the complaint,
`12.
`describe the foreign substance with as much sufficient detail as possible so as to permit accurate
`identification thereof.
`
`Set forth by Chapter, Article, Section and Paragraph for each statute, ordinance,
`13.
`rule or regulation, if any, which it is claimed defendants violated with reference to the occurrence
`alleged in the complaint. Specifically, set forth any and all provisions of the Industrial Code which
`will be alleged as a condition precedent of any liability alleged pursuant to Labor Law 241.
`
`14.
`his accident.
`
`Set forth any equipment or devices which are claimed to have been necessary but
`15.
`were not provided or were defective.
`
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`Set forth the specific type of work, which Plaintiff was performing at the time of
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`a. If any claim is made as to such equipment or devices being defective, state
`specifically the nature of any such defects.
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`8 of 51
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`State whether the occurrence alleged in the complaint was reported to defendants
`16.
`or anyone on the said defendant’s behalf.
`
`(a)
`
`If the occurrence was reported, state the date, time and place the occurrence
`was reported and the name of the person on behalf of said defendant to
`whom it was reported.
`State whether the said report was in writing or verbal each time it was
`reported to the said defendant.
`If the occurrence alleged in the complaint is claimed to have happened as a result
`17.
`of plaintiff's slip, trip or fall in, or on upon a stoop, a step, steps, a stairway, a ramp, a hallway, a
`landing, a room, debris, liquid or any substance, set forth, where applicable, as follows:
`
`(a)
`
`(b)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`(f)
`
`The location of the stoop or stairway stating, without limitation, between
`what floors, the stoop or stairway is situated, counting the ground floor as
`the first floor;
`The particular step on which the plaintiff slipped, tripped or fell, counting
`from the bottom or top of the stairway;
`The location of the hallway stating, without limitation, on what floor
`situated, counting the ground floor as the first floor;
`The location in the hallway where the occurrence alleged in the complaint
`occurred;
`The location of the ramp, landing, room, debris, liquid or substance;
`A description of the ramp, landing, room, debris, liquid or substance.
`
`
`If the occurrence alleged in the complaint is claimed to have happened due to
`18.
`carelessness and/or negligence in the construction, maintenance or repair of certain premises, then
`set forth in detail:
`
`(a)
`
`(b)
`
`(c)
`
`The manner in which such construction or maintenance was careless and/or
`negligent;
`Identify the specific location within the premises at which the construction
`or maintenance was careless or negligent;
`The specific carelessness or negligence in connection with the construction
`or maintenance which it is alleged existed;
`(d) Whether defendants were advised anytime prior to the occurrence (alleged
`in the complaint) by the plaintiff or any person on behalf of or known to
`plaintiff that said construction or maintenance was careless or negligent,
`stating the person on behalf of said defendant who was/were so informed,
`the person so informing said defendant and time and date of said informing.
`
`
`If the occurrence alleged in the complaint is claimed to have happened due to an
`19.
`improper or inadequate lighting condition, then set forth in detail:
`
`
`(a)
`
`The manner in which said lighting condition was improper and/or
`inadequate;
`
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`(b)
`
`(c)
`
`Identify the specific location within the premises where the lighting
`condition was inadequate or improper;
`
`The manner in which defendants were negligent and/or careless with regard
`to the lighting condition;
`
`
`(d) Whether defendants were advised at any time prior to the occurrence
`(alleged in the complaint) by the plaintiff or any person on behalf of or
`known to plaintiff that said lighting condition was improper or inadequate,
`stating the person on behalf of said defendant who was/were so informed,
`the person so informing said defendant and the time and date of said
`informing.
`
`
`Set forth a statement of the alleged injuries claimed to have been sustained as a
`20.
`result of the occurrence alleged in the complaint, including the approximate date of the onset of
`the symptoms of each of the injuries claimed.
`
`Set forth a statement of the injuries claimed to be permanent as a result of the
`21.
`occurrence alleged in the complaint.
`
`Set forth in length of time, including dates, that the plaintiff has been and/or will be
`22.
`totally disabled and/or partially disabled as a result of the occurrence alleged in the complaint.
`
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`State the length of the time that plaintiff was confined to the following as a result
`23.
`of the occurrence alleged in the complaint, with dates of confinement:
`
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`bed;
`
`
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`home.
`
`a.
`
`b.
`
`
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`State the length of time that plaintiff was confined to a hospital or other health care
`24.
`facility as a result of the occurrence alleged in the complaint, with the name and address(es) of
`each such hospital or facility.
`
`Set forth the length of time and the date that plaintiff was incapacitated from
`25.
`employment (if applicable) as a result of the occurrence alleged in the complaint.
`
`State the name and address(es) of the employer concerning the employment
`26.
`referred to in response to the item enumerated as 21 above, together with a description of said
`employment, including, without limitation, the amount of weekly and yearly wages, gross and net,
`received by the plaintiff at the time of the occurrence. If self-employed, state plaintiff's income
`for each of the three (3) years preceding and up to the occurrence alleged in the complaint and one
`(1) year subsequent to the occurrence alleged in the complaint.
`
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`Set forth the total amount which plaintiff claims to have sustained and/or the total
`27.
`amount plaintiff claims will be sustained in lost earnings/wages as a result of the occurrence
`alleged in the complaint.
`
`Set forth the plaintiff’s residence and post office address(es), now and at the time
`28.
`of the occurrence alleged in the complaint.
`
`29.
`
`30.
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`31. With respect to medical care and treatment rendered to the plaintiff (if any)
`following the subject occurrence, set forth the following:
`
`(a)
`
`Set forth the plaintiff’s date of birth.
`
`Set forth the plaintiff’s social security number.
`
`(b)
`
`(c)
`
`Name and address(es) of any hospital rendering medical care and treatment
`and the date of said care and treatment;
`Name and address(es) of any doctor/physician rendering medical care and
`treatment as well as the date and place of each said care and/or treatment
`by, or visit to, such doctor/physician;
`Name and address(es) of any physical and/or mental therapist rendering
`treatment, care or examination and the name and address(es) of such
`therapist, as well as the date and place of each said treatment, care and/or
`examination by, or visit to, said therapist. Please also indicate the said
`therapist's area of expertise.
`
`(a)
`
`Physicians’ services;
`
`
`
`(b) Medical supplies;
`
`(c) X-rays;
`
`
`Set forth the total amount claimed as special damages for the following, and in each
`32.
`instance set forth the date that care is alleged to have been rendered and the name and address(es)
`of the provider:
`
`
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`(d)
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`(e)
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`(f)
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`Hospital expenses;
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`Nurses’ services, together with the name and address(es) to whom paid;
`
`All other expenses, damages and injuries which will be claimed by plaintiff,
`including but not limited to, household help expenses, together with the
`name and address(es) of the recipient thereof.
`
`
`
`Set forth each occurrence prior to the occurrence alleged in the complaint, in which
`33.
`the plaintiff sustained an injury to any bodily portion alleged to have been injured during the
`occurrence alleged in the complaint, whether or not medical care was obtained. If medical care
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`11 of 51
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`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
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`INDEX NO. 703422/2024
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`RECEIVED NYSCEF: 04/09/2024
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`the name and address(es) of each and every health care
`was obtained, set forth
`facility/physician/therapist who treated or examined plaintiff for such prior injury.
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`If the complaint alleges loss of services, society, companionship and/or consortium,
`34.
`set forth the nature, extent and duration thereof.
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`If the complaint alleges loss of services, then, with regard to any spouse who is a
`35.
`party to this action, set forth each plaintiffs’ marital status now and at the time of the occurrence
`alleged in the complaint. If the plaintiff was/were married at the time of the occurrence and/or up
`to the present, state the date and place of marriage.
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`State the full caption of each and every lawsuit brought on plaintiff’s behalf to
`36.
`recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
`of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including:
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`(a)
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`court;
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`(b)
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`index number:
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`(c)
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`calendar number;
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`(d)
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`names and addresses of all litigants;
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`(e)
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`names and addresses of all attorneys appearing
`for litigants;
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`(f)
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`status of lawsuit.
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`If it will be claimed that the limitations on liability set forth in CPLR Article 16 do
`37.
`not apply, state specifically each and every exception to Article 16 set forth in CPLR Section 1602
`which applies to the cause or causes of action herein and the basis for invoking such exemptions.
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`Dated: New York, New York
`
`April 9, 2024
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`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Lina C. CRossillo
`By: _____________________________
`LINA C. ROSSILLO
`Attorneys for Defendant
`SHAWMUT DESIGN AND CONSTRUCTION
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`
`12 of 51
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`

`

`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (SP) 77122
`
`
`
`
`TO:
`SACKS & SACKS, LLP
`Attorneys for Plaintiff
`150 Broadway – 4th Floor
`New York, NY 10038
`212.964.5570
`adam@sacks-sacks.com
`
`13 of 51
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`

`

`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`
`ATTORNEY VERIFICATION
`
`LINA C. ROSSILLO, an attorney admitted to practice in the courts of New York State.
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`That I am a partner of the firm of MORRIS DUFFY ALONSO FALEY & PITCOFF, the
`
`
`
`
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`attorneys of record for defendant. I have read the foregoing ANSWER and know the contents
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`thereof; the same is true to my own knowledge, except as to the matters therein alleged to be on
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`information and belief, and as to those matters I believe it to be true. The reason this verification
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`is made by me and not by the defendant is that the defendant does not maintain an office within
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`New York County.
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`
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`The grounds of my belief as to all matters not stated upon my own knowledge are based
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`on a review of the contents of the file maintained by this office.
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`Dated: New York, New York
`
`April 9, 2024
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`Lina C. Rossillo
`_____________________________
`LINA C. ROSSILLO
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`14 of 51
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`

`

`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`------------------------------------------------------------------------X
`MICHAEL DJURIC and MARIA DJURIC,
`
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`Plaintiffs,
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`
`
`
`
`
`-against-
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`
`
`
`Index No. 703422/2024
`
`DEMAND FOR
`MEDICARE/MEDICAID
`INFORMATION
`
`
`
`
`
`
`SHAWMUT DESIGN AND CONSTRUCTION,
`
`Defendant
`
`
`
`
`------------------------------------------------------------------------X
`
`COUNSELLORS:
`
`PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395y
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`(b)(8)(A), the undersigned attorneys for the defendants, , hereby demand that plaintiff furnish
`within thirty (30) days of service of this notice the following:
`
`
`1.
`A statement as to whether the plaintiff has received benefits from either Medicare
`or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If
`so, please state and/or provide:
`
`
`a. Plaintiff’s full name;
`Plaintiff’s gender;
`b.
`Plaintiff’s date of birth;
`c.
`Plaintiff’s Social Security number;
`d.
`Plaintiff’s residence telephone number;
`e.
`f.
`The Health Insurance Claim Number and/or
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`Medicare/Medicaid file number;
`The address of the office handling the plaintiff’s Medicare and/or
`g.
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`Medicaid file;
`A duly executed authorization bearing plaintiff’s date of birth and Social
`h.
`
`Security number permitting this firm and/or the representatives of
`defendant to obtain copies of plaintiff’s Medicare and/or Medicaid
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`records.
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`3. Provide copies of all documents, records, memoranda, notes, etc., in plaintiff’s
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`possession pertaining to plaintiff’s receipt of Medicare and/or Medicaid benefits, including copies
`of all documents provided to or received from the Medicare and/or Medicaid administrator.
`
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`2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien.
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`15 of 51
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`

`

`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`4. If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a
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`copy of the claim summary from Medicare and/or Medicaid regarding those claims.
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`5. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not
`
`receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive
`Medicare and/or Medicaid benefits.
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`6. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased,
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`please provide the following:
`
`
`a.
`
`b.
`c.
`
`d.
`e.
`
`
`Relationship of the administrator of
`plaintiff’s estate to plaintiff’s decedent;
` Name and address of plaintiff’s administrator;
`Telephone number and/or e-mail
`address of plaintiff’s
`administrator;
`Social Security number of plaintiff’s administrator;
`An authorization to examine and copy deceased’s
`Medicare and/or Medicaid records.
`
`A. Within thirty (30) days of the date of this demand;
`B. Within twenty (20) days of receiving the above-requested information;
`C. No later than thirty(30) days prior to the commencement of trial.
`
`
`7. Complete the Medicaid form and Medicare Authorization Disclose Personal Health
`
`Information, attached as Exhibit “A” and return it to this office.
`
`PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing
`
`demand and that you are required to serve the demanded information by the earliest of the
`following:
`
`
`
`
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`If you do not possess the above-requested information, in addition to the form attached as
`
`Exhibit “A”, a letter or Affidavit to that effect should also be submitted.
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`PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand for
`
`Medicare/Medicaid information may result in the necessity of a motion to compel discovery
`accompanied by a request for the appropriate costs.
`
`
`
`Dated: New York, New York
`
`April 9, 2024
`
`
`Yours etc.,
`
`
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`
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`
`
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`Lina C. CRossillo
`By: _____________________________
`LINA C. ROSSILLO
`
`16 of 51
`
`

`

`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`Attorneys for Defendant
`SHAWMUT DESIGN AND CONSTRUCTION
`Office and Post Office Address
`101 Greenwich Street, 22nd Floor
`New York, New York 10006
`T: (212) 766-1888
`F: (212) 766-3252
`Our File No.: (SP) 77122
`
`
`
`
`TO:
`SACKS & SACKS, LLP
`Attorneys for Plaintiff
`150 Broadway – 4th Floor
`New York, NY 10038
`212.964.5570
`adam@sacks-sacks.com
`
`
`
`
`17 of 51
`
`

`

`FILED: QUEENS COUNTY CLERK 04/09/2024 12:49 PM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 703422/2024
`
`RECEIVED NYSCEF: 04/09/2024
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF QUEENS
`------------------------------------------------------------------------X
`MICHAEL DJURIC and MARIA DJURIC,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`Index No. 703422/2024
`
`NOTICE TO TAKE
`DEPOSITIONS
`
`
`
`
`
`
`SHAWMUT DESIGN AND CONSTRUCTION,
`
`Defendant
`
`
`
`
`------------------------------------------------------------------------X
`
`
`
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will take the deposition and/or virtual deposition
`of the following parties or persons, before a stenographic reporter and notary public not affiliated
`with any of the parties or their attorneys, on all relevant and material issues, as authorized by
`Article 31 of the CPLR of PLAINTIFFS at a date, time and place to be agreed upon among
`counsel or set by the Court.
`
`
`PLEASE TAKE FURTHER NOTICE that the persons to be examined are required to
`produce all books, records and papers in their custody and possession that may be relevant to the
`issues.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`
`recording of any deposition by the use of audio or video recording of these proceedings by any
`person. Only a traditional stenographic reporter present at