FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`Plaintiff,
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`Index No.: 703468/2024
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`VERIFIED ANSWER
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------------------X
`ZULMA ZUNIGA,
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`
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`-against-
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`METROPOLITAN TRANSPORTATION AUTHORITY,
`MTA NEW YORK CITY TRANSIT, MTA NEW YORK
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`CITY TRANSIT DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION OF
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`PARATRANSIT and “JOHN/JANE DOE” name being
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`fictitious, true name unknown, person intended being the
`
`operator of the vehicle involved in the occurrence alleged
`
`in the complaint,
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`Defendants.
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`
`
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`----------------------------------------------------------------------------X
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`The defendants, METROPOLITAN TRANSPORTATION AUTHORITY, MTA NEW
`YORK CITY TRANSIT, MTA NEW YORK CITY TRANSIT DIVISION OF PARATRANSIT,
`NEW YORK CITY TRANSIT AUTHORITY DIVISION OF PARATRANSIT by their attorneys,
`MORRIS DUFFY ALONSO FALEY & PITCOFF, upon information and belief, answer(s) the
`plaintiff(s)’ Complaint herein as follows:
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`
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`
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`1.
`Deny each and every allegation contained the paragraphs or subdivisions of the
`Complaint designated: “1,” “2,” “3,” “10,” “11,” “12,” “13,” “14,” “15,” “17,” “18,” “19,” “20,”
`“21,” “22,” “23,” “25,” “26,” “27,” “29,” “30,” “31,” “33,” “34,” “35,” “37,” “38,” “39,” “41,”
`“42,” “44,” “46,” “47,” “50,” “51,” “52,” “53,” “56,” “57,” and “58.”
`
`
`2.
`Deny 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:
`“4,” “5,” “6,” “7,” “8,” “9,” “32,” “36,” “40,” “45,” and “55,” and respectfully refer all questions
`of law to this honorable court.
`
`
`3.
`Deny any knowledge or information sufficient to form a belief as to the truth of the
`allegations contained in the paragraphs or subdivisions of the Complaint designated: “16,” “24,”
`“28,” “43,” “48,” “49,” and “54.”
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`4.
`Any damages which may have been sustained by the plaintiffs were contributed to
`in whole or in part by the culpable conduct of the plaintiffs, pursuant to Section 14-A, CPLR.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`1 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`
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`5.
`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
`defendants.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`6.
`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).
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`
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`7.
`If the plaintiff was not wearing seat belts at the time of the accident, answering
`defendants plead the failure to wear same, or to wear same properly, in mitigation of damages.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`8.
`The injuries and damages alleged, all of which are denied by the answering
`defendants, were caused by the intervening, interceding and superseding acts of third parties not
`under the control of answering defendants.
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
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`The plaintiff’s sole and exclusive remedy is confined and limited to the benefits
`9.
`and provisions of Article 51 of the Insurance Law of the State of New York.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
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`10.
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`The Court lacks personal jurisdiction over the answering defendants.
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`
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`11.
`of process.
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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`The Court lacks jurisdiction over the answering defendants due to improper service
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`2 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
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`12.
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`The plaintiff failed to mitigate his damages.
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
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`13.
`That the action against the answering defendants cannot be prosecuted due to the
`plaintiff’s failure to name and likewise prosecute an indispensible party to this litigation.
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
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`14.
`This action is a nullity in that the summons has not been filed with the Clerk of the
`Court pursuant to CPLR Section 304.
`
`
`
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`15.
`This action is a nullity in that the summons does not contain the index number
`and/or date of filing pursuant to CPLR 306-a and 306-b.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
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`16.
`The lawsuit was not commenced by the plaintiff within the time prescribed by
`law, and the plaintiff, therefore, is barred from recovery, pursuant to Section 214, CPLR.
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
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`17.
`the CPLR.
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`18.
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`Answering defendants are entitled to limitation of liability pursuant to Article 16 of
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`
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
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`The Complaint fails to state a cause of action upon which relief may be granted.
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`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
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`19.
`This action lacks merit and is contrary to established law and fact and answering
`defendants are entitled to costs in the sum of $10,000 for this frivolous action.
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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
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`Plaintiff is bound by the provisions of the Workers’ Compensation Law of the State
`20.
`of New York and, by virtue of the statutes therein contained are restricted and limited to recovery
`under the provisions of said law.
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`AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
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`3 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`
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`21.
`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 NINETEENTH AFFIRMATIVE DEFENSE
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`22.
`Defendants assert Section 15-108 of the General Obligations Law and will ask the
`Court that the defendants be entitled to a set-off for any settlements, releases or discontinuances.
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`AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
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`23.
`The defendants were not negligent because they were faced with an emergency
`situation, not of their own making, and acted as a reasonable prudent person would act in the same
`emergency.
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`AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
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`24.
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`Plaintiff was involved in an activity inherently dangerous.
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`AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
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`The defendants are not liable to the plaintiff as the plaintiff’s actions were the sole
`25.
`proximate cause of the alleged occurrence.
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`AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
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`26.
`The plaintiff has a duty to mitigate all damages with specific reference to future
`medical damages and under the Patient Protection and Affordable Care Act has a federally
`mandated mechanism in which to do so.
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`
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`AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
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`27.
`The answering defendants have no liability or financial responsibility with respect
`to the subject vehicle under recent federal legislation. See sec. 10208 to H.R. 3 (2005), which
`amends Subchapter I of title 49 of the U.S. Code by adding, in relevant part, as follows:
`
`
`Sec. 30106: (a) an owner of a motor vehicle that rents or leases the vehicle to a person...
`shall not be liable under the law of any state...by reason of being the owner of the
`vehicle...for harm to persons or property that results or arises out of the use, operation, or
`possession of the vehicle during the period of the rental or lease...
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`AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
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`28.
`If plaintiff is entitled to recover damages for loss of earnings or impairment of
`earning ability as against defendant by reason of the matters alleged in the Complaint, liability
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`4 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`for which is hereby denied, then pursuant to CPLR 4546 the amount of damages recoverable
`against answering defendant, if any, shall be reduced by the amount of federal, state and local
`income taxes which the plaintiff would be obligated by law to pay.
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`AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
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`29.
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`Improper Forum.
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`AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
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`30.
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`The Venue of the within action is improper.
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`AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
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`31.
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`The Court lacks subject matter jurisdiction.
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`AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
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`Plaintiff did not serve a proper Notice of Claim upon defendant as required by
`32.
`Public Authorities Law.
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`AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
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`33.
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`The plaintiff failed to satisfy a condition precedent.
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`AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE
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`AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
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`Answering defendant did not own, lease or control the area where the vehicle in
`34.
`question, and therefore, cannot be found negligent.
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`35.
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`The plaintiff did not appear for a General Municipal Law 50H Hearing prior
`to answering the lawsuit.
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`
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`WHEREFORE, answering defendants demand judgment dismissing the Complaint as to
`the defendants, together with the costs, interest and disbursements of this action.
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`Dated: New York, New York
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`March 22, 2024
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`Yours etc.,
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`MORRIS DUFFY ALONSO FALEY & PITCOFF
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`
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`Michael V. Campanile
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`5 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`By: _____________________________
`
`Michael V. Campanile
`Attorneys for Defendants
`METROPOLITAN TRANSPORTATION
`AUTHORITY, MTA NEW YORK CITY
`TRANSIT, MTA NEW YORK CITY TRANSIT
`DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION
`OF PARATRANSIT
`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.: (CSB) 75649
`
`
`
`
`
`TO:
`BUDIN REISMAN KUPFERBERG &
`BERNSTEIN, LLP
`Attorneys for Plaintiff
`112 Madison Avenue, 2nd Floor
`New York, NY 10016
`212.696.5500
`
`
`
`
`6 of 50
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`

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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`Plaintiff,
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`Index No.: 703468/2024
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`DEMAND FOR A
`VERIFIED BILL OF
`PARTICULARS
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------------------X
`ZULMA ZUNIGA,
`
`
`
`
`
`
`
`
`
`-against-
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`
`
`
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`
`
`
`METROPOLITAN TRANSPORTATION AUTHORITY,
`MTA NEW YORK CITY TRANSIT, MTA NEW YORK
`
`CITY TRANSIT DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION OF
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`PARATRANSIT and “JOHN/JANE DOE” name being
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`fictitious, true name unknown, person intended being the
`
`operator of the vehicle involved in the occurrence alleged
`
`in the complaint,
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`Defendants.
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`
`
`
`----------------------------------------------------------------------------X
`COUNSELLORS:
`
`PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section
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`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 receipt of this Demand.
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`In the event of your failure to comply with this Demand for a Verified Bill of Particulars
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`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(s):
`
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`1.
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`The date and time of the occurrence alleged in the Complaint.
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`
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`The location of the occurrence alleged in the Complaint.
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`2.
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`3.
`A statement of all the acts or omissions constituting negligence which plaintiff(s)
`will claim against the answering defendant(s).
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`4.
`
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`A statement of:
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`(a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and
`(b) A description of those claimed by plaintiff(s) to be permanent.
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`5.
`If this is an action designated in subsection (a) of Section 5104 of the Insurance
`Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state
`in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102
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`7 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection
`(a) of Section 5102 of the Insurance Law.
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`6.
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`The length of time plaintiff(s) was/were confined to each of the following:
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`(a) Bed;
`(b) House; and
`(c) Hospital.
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`State the following:
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`7.
`
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`(a) The occupation of plaintiff(s);
`(b) The length of time plaintiff(s) was/were incapacitated from employment; and
`(c) The name and address of plaintiff(s)’ employer.
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`8.
`I. State separately the total amounts or economic loss claimed by plaintiff(s) as
`special damages for each of the following:
`
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special
`
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`damages or economic loss represent past damages and in which amount:
`
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`III. Itemize which of the special damages or economic loss represent future
`
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`damages and in what amount:
`
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`8 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`IV. Over what period of time does plaintiff(s) claim each of future expenses or
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`losses shall occur:
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`SPECIAL DAMAGES
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`
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`PERIOD OF TIME
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`(a) Physicians’ services;
`(b) Nurses’ services;
`(c) Medical supplies;
`(d) Hospital expenses;
`(e) Loss of earnings; and
`(f) Other (describe).
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`The date of birth of plaintiff(s).
`
`9.
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`10.
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`11.
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`12.
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`13.
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`14.
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`The residence address of plaintiff(s).
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`The Social Security number of the plaintiff(s).
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`If the plaintiff is an infant, state the following:
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`(a) The name and address of any school infant plaintiff attended at the time of this
`occurrence;
`(b) The date or dates infant plaintiff was absent from school as the result of the
`alleged injuries sustained in this occurrence.
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`If the Complaint alleges a cause of action for property damage, state:
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`(a) The make, year, type and mileage of plaintiff’s vehicle;
`(b) The date when plaintiff acquired title to this vehicle;
`(c) A statement setting forth in detail each and every item of damage claimed to
`have been sustained to plaintiff’s vehicle, setting forth, in detail, each part
`claimed to have been damaged or replaced and the cost of repair or replacement
`for each part so damaged or replaced;
`(d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to
`the occurrence;
`(e) The salvage value of plaintiff’s vehicle after the occurrence;
`(f) The length of time required to perform the foregoing repairs;
`(g) The direction in which plaintiff(s) vehicle was proceeding immediately before
`the occurrence; and
`(h) The direction in which defendant(s)’ vehicle was proceeding immediately
`before the occurrence.
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`If there is a cause of action for loss of services, state the following:
`
`(a) In what manner was the plaintiff deprived of services and state what the services
`were;
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`9 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`(b) With regard to the monies expended and the obligations incurred to expend
`additional monies, set forth the amount of money involved and precisely to who
`such monies were paid or are owed.
`
`
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`State the full caption of each and every lawsuit brought on plaintiff(s)’ behalf to
`15.
`recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
`of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including:
`
`
`(a) court;
`(b) index number;
`(c) calendar number;
`(d) names and addresses of all litigants;
`(e) names and addresses of all attorneys appearing for litigants;
`(f) status of lawsuit.
`
`
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`16.
`Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule
`or regulation, if any, which it is claimed answering defendant(s) violated with reference to the
`occurrence alleged in the Complaint.
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`
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`Dated: New York, New York
`
`March 22, 2024
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`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`Michael V. Campanile
`By: _____________________________
`
`Michael V. Campanile
`Attorneys for Defendants
`METROPOLITAN TRANSPORTATION
`AUTHORITY, MTA NEW YORK CITY
`TRANSIT, MTA NEW YORK CITY TRANSIT
`DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION
`OF PARATRANSIT
`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.: (CSB) 75649
`
`
`
`
`
`TO:
`
`10 of 50
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`

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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`BUDIN REISMAN KUPFERBERG &
`BERNSTEIN, LLP
`Attorneys for Plaintiff
`112 Madison Avenue, 2nd Floor
`New York, NY 10016
`212.696.5500
`
`11 of 50
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`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
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`INDEX NO. 703468/2024
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`RECEIVED NYSCEF: 03/22/2024
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`ATTORNEY VERIFICATION
`
`Michael V. Campanile , an attorney admitted to practice in the courts of New York State.
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`
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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 defendants. 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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`The grounds of my belief as to all matters not stated upon my own knowledge are based
`
`on a review of the contents of the file maintained by this office.
`
`Dated: New York, New York
`
`March 22, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`Michael V. Campanile
`
`_____________________________
`Michael V. Campanile
`
`12 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`Index No.: 703468/2024
`
`NOTICE TO TAKE
`DEPOSITION
`
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------------------X
`ZULMA ZUNIGA,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`METROPOLITAN TRANSPORTATION AUTHORITY,
`MTA NEW YORK CITY TRANSIT, MTA NEW YORK
`
`CITY TRANSIT DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION OF
`
`PARATRANSIT and “JOHN/JANE DOE” name being
`
`fictitious, true name unknown, person intended being the
`
`operator of the vehicle involved in the occurrence alleged
`
`in the complaint,
`
`Defendants.
`
`
`
`
`----------------------------------------------------------------------------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 ALL ADVERSE PARTIES 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 the deposition in the same manner as
`the participants resulting in a traditional written transcript will be accepted. Should an audio or
`video reporter appear to record these proceedings, we will postpone any deposition until the
`presence of a traditional stenographic reporter can be coordinated.
`
`Dated: New York, New York
`
`March 22, 2024
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`13 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Michael V. Campanile
`By: _____________________________
`
`Michael V. Campanile
`Attorneys for Defendants
`METROPOLITAN TRANSPORTATION
`AUTHORITY, MTA NEW YORK CITY
`TRANSIT, MTA NEW YORK CITY TRANSIT
`DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION
`OF PARATRANSIT
`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.: (CSB) 75649
`
`
`
`
`
`TO:
`BUDIN REISMAN KUPFERBERG &
`BERNSTEIN, LLP
`Attorneys for Plaintiff
`112 Madison Avenue, 2nd Floor
`New York, NY 10016
`212.696.5500
`
`
`
`
`
`
`14 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`Index No.: 703468/2024
`
`
`
`NOTICE REGARDING
`DEPOSITION
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------------------X
`ZULMA ZUNIGA,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`METROPOLITAN TRANSPORTATION AUTHORITY,
`MTA NEW YORK CITY TRANSIT, MTA NEW YORK
`
`CITY TRANSIT DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION OF
`
`PARATRANSIT and “JOHN/JANE DOE” name being
`
`fictitious, true name unknown, person intended being the
`
`operator of the vehicle involved in the occurrence alleged
`
`in the complaint,
`
`Defendants.
`
`
`
`
`----------------------------------------------------------------------------X
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE that this office will only take the deposition and/or virtual
`depositions of any party or witness before a stenographic reporter and notary public present at
`the deposition in the same manner as the participants and not affiliated with any of the parties or
`their attorneys.
`
`PLEASE TAKE FURTHER NOTICE that consent is neither implied nor given to the
`
`recording of any deposition by the use of an audio recording with later transcription by a
`stenographic reporter that was not present at the deposition or other means. Only a traditional
`stenographic reporter who is present during the testimony either in person or virtually resulting
`in a traditional written transcript will be accepted. Should an audio reporter appear to record any
`deposition, we will postpone the deposition until the presence of a traditional stenographic
`reporter can be coordinated.
`
`
`Dated: New York, New York
`
`March 22, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours etc.,
`
`MORRIS DUFFY ALONSO FALEY & PITCOFF
`
`
`Michael V. Campanile
`By: _____________________________
`
`Michael V. Campanile
`
`15 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`Attorneys for Defendants
`METROPOLITAN TRANSPORTATION
`AUTHORITY, MTA NEW YORK CITY
`TRANSIT, MTA NEW YORK CITY TRANSIT
`DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION
`OF PARATRANSIT
`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.: (CSB) 75649
`
`
`
`
`
`TO:
`BUDIN REISMAN KUPFERBERG &
`BERNSTEIN, LLP
`Attorneys for Plaintiff
`112 Madison Avenue, 2nd Floor
`New York, NY 10016
`212.696.5500
`
`
`
`
`
`
`16 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`Index No.: 703468/2024
`
`
`COMBINED DEMANDS
`
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF QUEENS
`----------------------------------------------------------------------------X
`ZULMA ZUNIGA,
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`METROPOLITAN TRANSPORTATION AUTHORITY,
`MTA NEW YORK CITY TRANSIT, MTA NEW YORK
`
`CITY TRANSIT DIVISION OF PARATRANSIT, NEW
`
`YORK CITY TRANSIT AUTHORITY DIVISION OF
`
`PARATRANSIT and “JOHN/JANE DOE” name being
`
`fictitious, true name unknown, person intended being the
`
`operator of the vehicle involved in the occurrence alleged
`
`in the complaint,
`
`Defendants.
`
`
`
`
`----------------------------------------------------------------------------X
`COUNSELLORS:
`
`
`
`PLEASE TAKE NOTICE, that pursuant to the applicable Rules of the CPLR, you are
`
`hereby required to produce for discovery, inspection and Xerox copying, at the office of MORRIS
`
`DUFFY ALONSO FALEY & PITCOFF, 22nd Floor, 101Greenwich Street, New York, New York
`
`10006, within twenty (20) days after receipt of these Demands, the following documents heretofore
`
`exchanged between any of the parties to this litigation:
`
`DEMAND FOR AUTHORIZATIONS AND MEDICAL REPORTS
`
`
`
`Demand is hereby made, pursuant to the Rules of this Court, that plaintiff serve upon and
`
`deliver to the undersigned and all other parties to the action, the following:
`
`(a)
`
`Copies of the medical reports of those physicians who have treated or examined the
`party seeking recovery, and who will testify on his/her behalf. The same shall
`include a detailed statement of the injuries and conditions as to which testimony
`will be offered at the trial, and shall identify those x-rays and technicians' reports
`which will be offered at trial.
`
`(b)
`
`Duly executed and acknowledged written authorizations (containing full name &
`address of doctor/hospital) and fully compliant with HIPAA regulations permitting
`
`
`
`17 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`
`
`
`
`(c)
`
`(d)
`
`
`(e)
`
`all parties to obtain and make copies of all hospital records, and such other records,
`including x-rays and technicians' reports as may be referred to and identified in the
`statement of the examined party's physicians.
`
`Duly executed authorizations (containing full name & address of doctor/hospital)
`and fully compliant with HIPAA regulations permitting defendant(s) to discover,
`inspect and copy the records of all physicians and laboratories in which or by whom
`plaintiff was examined or received treatment or tests for the same or similar injuries
`and complaints as those at issue in this lawsuit.
`
`The names and addresses of any physicians, medical institutions, medical
`personnel, nursing services or hospitals whom the plaintiff saw, consulted with,
`received advice from or prior to the alleged negligence suffered by the plaintiff.
`
`Authorizations fully compliant with HIPAA regulations to obtain reports and
`records of the aforesaid physicians, institutions, medical personnel, hospitals and/or
`nursing services.
`
`
`DEMAND FOR VIDEO/AUDIO RECORDINGS OF PLAINTIFF(S) TAKEN AT
`INDEPENDENT MEDICAL EXAMINATION(S)
`
`
`
`Demand is hereby made that you produce, pursuant to Article 31 of the CPLR, and the
`
`rules governing the exchange of medical information, and permit us to discovery, inspect and copy
`
`all video/audio records, regardless of format, taken by plaintiff(s) or on behalf of plaintiff(s) of
`
`any independent medical examination conducted on behalf of the defendant within thirty (30) days
`
`of the date(s) on which said recordings were taken and/or created or within thirty (30) days from
`
`the date of this demand, whichever is sooner.
`
`DEMAND FOR NOTICE OF CLAIM AND 50-H HEARING TRANSCRIPT
`
`
`
`Demand is hereby made that you produce true and complete copies of any Notice of Claim
`
`filings made in relation to the alleged incident within thirty (30) days from the date of this demand.
`
`Further, demand is hereby made for a true and complete copy of any 50-H hearing transcript(s) in
`
`relation to the alleged accident within thirty (30) days from the date of this demand.
`
`DEMAND FOR STATEMENTS
`
`18 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC. NO. 7
`
`INDEX NO. 703468/2024
`
`RECEIVED NYSCEF: 03/22/2024
`
`
`
`Demand is hereby made for the following relative to the party or parties represented by the
`
`undersigned (herein “the party”):
`
`1.
`
`2.
`
`3.
`
`4.
`
`
`
`
`
`
`
`Copies of any and all written statements taken of or from the party, an agent, servant
`or employee.
`
`A statement indicating the substance of any oral statements concerning any issue
`in this case, including claimed admissions against interest, taken of or from the
`party, an agent, servant or employee indicating the date the oral statement was
`made, the name and description of the person who made the oral statement and the
`name and address of the person who heard the oral statement.
`
`Copies of any and all recorded statements taken of or from the party, an agent,
`servant or employee.
`
`Copies of any and all transcriptions of recorded statements taken of or from the
`party, an agent, servant or employee.
`
`
`DEMAND FOR LEGAL REPRESENTATION
`
`
`
`Demand is hereby made that each party serve upon the undersigned attorneys a list of the
`
`names of all the parties that have appeared in this action, together with the names and addresses of
`
`their respective attorneys, pursuant to Section 2103(e) of the CPLR.
`
`DEMAND FOR COLLATERAL SOURCES
`
`
`
`You are hereby required to furnish to the undersigned within thirty (30) days hereof,
`
`pursuant to CPLR Sections 3101 and 4545, canceled checks, receipts, contracts or other
`
`agreements whereby plaintiff has received or in the future are reasonably likely to receive
`
`payments for special damages incurred or to be incurred, as alleged in the Complaint.
`
`This information is to include but not be limited to:
`
`a)
`
`b)
`
`All payments or indemnity received from collateral sources for past
`special damages or economic losses.
`
`All reasonably certain payments or indemnity to be received from
`collateral sources for future special damages or economic losses.
`
`
`
`
`
`
`
`
`
`
`19 of 50
`
`

`

`FILED: QUEENS COUNTY CLERK 03/22/2024 09:03 AM
`NYSCEF DOC.