FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
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` Index No.: 150069/2024
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`
` VERIFIED ANSWER
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`Plaintiff(s),
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`-against-
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`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
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`Defendant(s).
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`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
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`Defendants, SAN ANDRES OM CONSTRUCTION CORP. and MARIO ORTEGA
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`MARTINEZ, by their attorneys, GALLO VITUCCI & KLAR LLP, as and for their answer to the
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`Verified Complaint of the plaintiff, respectfully set forth as follows:
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`AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
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`1.
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`Deny knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in paragraph “1” of the Verified Complaint.
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`2.
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`Deny knowledge or information sufficient to form a belief as to the truth of the
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`allegations contained in paragraphs “2”, “3”, “4”, “5”, “6”, “11”, “12”, “13”, “14”, “15”, “16”, “17”,
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`“18”, “20”, “21” and “22” of the Verified Complaint and refer all questions of law to the Court at the
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`time of trial.
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`3.
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`Deny the allegations contained in paragraphs “8”, “23”, “24”, “25”, “26”, “27”, “28”,
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`“29” and “30” of the Verified Complaint.
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`4.
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`Admit to the allegations contained in paragraphs “7”, “9”, “10” and “19” of the Verified
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`Complaint.
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`1 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`5.
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`Upon information and belief, any damage or damages sustained by the plaintiff herein
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`were not caused by the wrongdoing on the part of the answering defendants, their servants, agents or
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`employees, but were caused solely or in part by the wrongdoing of the plaintiff and that such conduct
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`requires diminution of any award, verdict or judgment that plaintiff may recover against said answering
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`defendants.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`6.
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`Upon information and belief, plaintiff’s economic loss, if any, as specified in §4545 of
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`the CPLR, was replaced or indemnified, in whole or in part, from collateral sources, and the answering
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`defendants are entitled to have the Court consider same in determining such special damages as provided
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`in §4545 of the CPLR.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`7.
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` Upon information and belief, the injuries sustained by plaintiff are such that they do not
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`fall within the requirements of Insurance Law Section 5101, et seq.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
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`8.
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`Upon information and belief, this Court lacks jurisdiction over the answering
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`defendants by reason of improper service of process.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`9.
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`Upon information and belief, this action must be dismissed for plaintiffs’ failure to state
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`a cause of action.
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`WHEREFORE, defendants, SAN ANDRES OM CONSTRUCTION CORP. and MARIO
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`ORTEGA MARTINEZ demand:
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`2 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
`
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`1.
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`Judgment dismissing the complaint; together with the costs and disbursements of
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`this action.
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`Dated: New York, New York
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`March 26, 2024
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`Yours, etc.,
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`GALLO VITUCCI & KLAL LLP
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`TO:
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`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`
`
`Attorneys for Defendant
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
`
`
`
`
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`3 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`VERIFICATION PURSUANT TO CPLR 3020(D)(2)
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`
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`STATE OF NEW YORK
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`
`
`COUNTY OF NEW YORK
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`
`)
`) ss.:
`)
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`The undersigned, an attorney admitted to practice law in the State of New York, affirms:
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`
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`That the undersigned a partner of the firm of GALLO VITUCCI & KLAR LLP, attorneys of
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`record for defendants, SAN ANDRES OM CONSTRUCTION CORP. and MARIO ORTEGA
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`MARTINEZ, in the within action; that the undersigned has read the foregoing Verified Answer and
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`knows the contents thereof; that the same are true to affirmant's own knowledge, except as to the
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`matters therein stated to be alleged on information and belief; and as to those matters affirmant
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`believes them to be true.
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`
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`The undersigned further states that the reason this affirmation is made by the undersigned and
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`not by defendants is because said parties do not reside or have a place of business in the New York
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`County where your affirmant's office is located.
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`The grounds of affirmant's belief as to all matters not stated to be upon affirmant's own
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`knowledge, are investigative material contained in affirmant's file.
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`The undersigned affirms that the foregoing statements are true, under the penalty of perjury.
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`Dated: New York, New York
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`March 26, 2024
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` Grant M. Meisels
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` GRANT M. MEISELS
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`4 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`
`
` Index No.: 150069/2024
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
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`
`
`
`
`
`
`
`
`
`
`
`
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
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`
`Defendant(s).
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`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -X
`S I R S:
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`
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`DEMAND FOR A VERIFIED
`BILL OF PARTICULARS
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`PLEASE TAKE NOTICE that, pursuant to this Demand, you are required to serve a
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`verified Bill of Particulars with the following information with thirty (30) days:
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`1.
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`2.
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`3.
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`4.
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`5.
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`Age of plaintiff(s), date of birth and place of birth.
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`Date of accident.
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`Time of accident.
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`Place of accident.
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`General description of the occurrence together with identification of the parts of
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`any motor vehicle or other instrumentality involved in said occurrence.
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`6.
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`7.
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`and, if so:
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`Acts of wrongdoing claimed separately, against each defendant.
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`Whether actual notice of a defective, deficient or unsafe condition is alleged,
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`(a)
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`The person or persons to whom given;
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`(b)
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`The place or places where given;
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`(c)
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`The date or dates when given;
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`(d)
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`The person or persons by whom given.
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`5 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
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`8.
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`Whether constructive notice of a defective, deficient or unsafe condition is
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`alleged, and, if so:
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`(a)
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`Nature of condition.
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`(b)
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`Location of condition.
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`(c)
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`Duration of condition with date of inception, to date constructive notice
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`will be claimed to be given defendant(s).
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`9.
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`All acts and omissions allegedly constituting negligence and carelessness on the part
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`of each of the other defendants.
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`10.
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`The exact location where the accident occurred, giving distances and exact
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`measurements and describing in detail the exact location as to lanes, streets, nearest intersections or
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`exits, city or village, town, county and state.
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`11.
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`Statement of all injuries claimed, including a detailed statement of those claimed to
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`be permanent.
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`12.
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`Loss of earnings claimed:
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`(a)
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`Name of employer and address;
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`(b)
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`Number of days incapacitated setting forth the dates;
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`(c)
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`Daily, weekly or monthly earnings;
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`(d)
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`Total amount of loss claimed.
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`13.
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`If plaintiff(s) was/were student(s) at the time of the accident:
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`(a)
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`Name and address of school;
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`(b)
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`Dates student(s) failed to attend school as a result of accident.
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`14.
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`If confined to or treated at a hospital:
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`(a)
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`Length of time confined giving dates;
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`6 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
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`(b)
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`Name and address of hospital.
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`15.
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`If confined to bed or home:
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`(a)
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`Length of time confined to bed, giving dates;
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`(b)
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`Length of time confined to home, giving dates.
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`16.
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`Statement of special damages incurred for:
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`(a)
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`Hospital and dates of visits;
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`(b)
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`Physicians and dates of visits;
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`(c)
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`Nurses and dates of visits;
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`(d) Medical equipment;
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`(e) Medicines and dates obtained;
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`(f)
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`Other (specify).
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`17.
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`A verified statement setting forth the residence and post office address of the
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`plaintiff(s).
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`18.
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`If loss of service is claimed, set forth the exact nature of the service stating what was
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`done or not done as a result of the alleged occurrence.
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`19.
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`If any statutes, laws or rules are claimed to have been violated by any of the
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`defendant(s) set forth the title of any such law and the section or sections and subsection or subsections
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`claimed to have been violated, and by which of the defendants.
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`20. With respect to property damage claimed, if any, set forth the following:
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`of;
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`(a)
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`Alleged value of the property immediately prior to the event complained of;
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`(b)
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`Alleged value of the property immediately following the event complained
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`(c)
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`Cost to repair the property allegedly damaged;
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`(d)
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`Cost to replace the property allegedly damaged;
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`7 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
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`incurred;
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`been incurred.
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`21.
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`(e)
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`Any claim with respect to loss of use or incidental expenses, and if so, how
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`(f)
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`Set forth copies of any paid invoices for such sums as are claimed to have
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`Set forth in writing any and all statements made by the defendant(s) with respect to
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`the occurrence.
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`22.
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`State whether any plaintiff is a covered person under Section 5102, Sub. J of the
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`Insurance Law of the State of New York.
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`23.
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`If any plaintiff is a covered person, state the name and address of any insurance
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`carrier providing first party benefits, the policy number under which provided, the name and address of
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`the policy holder and the claim number assigned.
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`24.
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`State how it will be claimed that any plaintiff sustained a serious injury or excess
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`economic loss within the meaning of Section 5102, Sub. d of the Insurance Law of the State of New
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`York.
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`25.
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`State whether any other action has been commenced against any person and/or entity
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`or entitles who may be jointly or jointly and severally liable with these defendants in connection with
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`the occurrence alleged in the complaint. If so, set forth against whom and in what court such action
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`has been commenced.
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` 26.
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` State whether any person and/or entity or entitles who may be jointly or jointly and
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`severally liable with these defendants has been released or discharged from liability and, if so, set forth
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`a true copy of said release.
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`8 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
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`TO:
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`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`
`
`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
`
`
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
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`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
`
`9 of 39
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`

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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`
`
`
` Index No.: 150069/2024
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
` DEMAND FOR EXPERT
` INFORMATION
`
`
`
`
`
`PLEASE TAKE NOTICE, that the undersigned defendants, by their attorneys, GALLO
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`VITUCCI & KLAR LLP hereby demand pursuant to CPLR 3101(d)(1), you provide, within thirty (30)
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`days, the following:
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`Set forth separately the substance of the facts and opinions the expert is expected to
`3.
`
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`give testimony concerning;
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`1.
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`2.
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`The name and address of each expert you intend to call to testify at trial;
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`Set forth in detail the subject matter of which each expert is expected to testify;
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`4.
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`The qualifications of each expert; and
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` 5.
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` Set forth a summary for the grounds of each expert's opinion.
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`Dated: New York, New York
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`March 26, 2024
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`Yours, etc.,
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`GALLO VITUCCI & KLAL LLP
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`By: Grant M. Meisels
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` Grant M. Meisels
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`
`
`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
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`10 of 39
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`

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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
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`MARIO ORTEGA MARTINEZ
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`
`
`
`
`
`
`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
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`TO:
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`11 of 39
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`

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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No.: 150069/2024
`
`
` DEMAND FOR MEDICAL
` INFORMATION AND
` HOSPITAL AUTHORIZATIONS
`
`
`
`
`
`PLEASE TAKE NOTICE, that the undersigned demands that, in accordance with
`
`provisions of the Civil Practice Law and Rules and pertinent local court rules, plaintiff(s) provide,
`
`within thirty (30) days, the following:
`
`
`
`
`
`1. Medical reports of all of those treating physicians, osteopaths, chiropractors and/or other
`
`licensed medical professionals who have treated or consulted with plaintiff(s) upon whose testimony
`
`plaintiff(s) will rely upon a trial of this action.
`
`
`
`
`
`2.
`
`Duly executed authorizations with respect to any osteopaths, chiropractors and/or
`
`other licensed medical professionals who have treated plaintiff(s) with respect to any injuries, physical
`
`or mental, alleged to have resulted from the events complained of by plaintiff(s) in the within action.
`
`
`
`
`
`3.
`
`Duly executed authorizations with respect to any hospitals, clinics or other similar
`
`health care providers which have treated plaintiff(s) with respect to any injuries, physical or mental,
`
`alleged to have resulted from the events complained of by plaintiff(s) in the within action.
`
`
`
`
`
`4.
`
`Duly executed authorizations with respect to any osteopaths, chiropractors and/or
`
`other licensed medical professionals who have rendered treatment to plaintiff(s) with respect to any
`
`condition pre-existing or preceding the events complained of in the complaint involving disease,
`
`
`
`12 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is
`
`alleged to have been aggravated or exacerbated, or to have caused any increase in the sequela of those
`
`injuries or conditions allegedly resulting from the events complained of in the within action.
`
`
`
`
`
`5.
`
`Duly executed authorizations with respect to any hospitals, clinics or other similar
`
`health care providers which have rendered treatment to plaintiff(s) with respect to any condition pre-
`
`existing or preceding the events complained of in the complaint involving disease, disability or injury
`
`(or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have
`
`caused any increase in the sequela of those injuries or conditions allegedly resulting from the events
`
`complained of in the within action.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that with respect to Items numbered 3, 4 and 5, the
`
`authorizations to be provided shall state, as well, the approximate period or periods that such services
`
`were rendered or provided.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply, the
`
`undersigned shall make such motions at or prior to trial as are required for the protection of the
`
`undersigned, which may include the seeking of the dismissal of this action or the precluding of the
`
`giving of any testimony with respect to any such conditions as are or have been treated but with respect
`
`to which response by plaintiff(s) has not been given.
`
`
`
`
`
`
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`13 of 39
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`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`
`
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`
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`
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`
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`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`
`
`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
`
`
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
`
`14 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`
`
`
` Index No.: 150069/2024
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`
`
` DEMAND FOR NAMES AND
` ADDRESSES OF WITNESSES
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Civil Practice Law and Rules, Section 3101,
`
`demand is hereby made that you provide, within thirty (30) days, the names and addresses of all
`
`persons known to your client or to you, as attorneys for your client, with respect to the following:
`
`
`
`
`
`1.
`
`Any witnesses to the occurrence and/or events complained of in the complaint of
`
`plaintiff(s).
`
`
`
`
`
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`
`
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`
`
`
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`
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`action;
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`
`
`
`
`2.
`
`Witnesses having knowledge of any alleged:
`
`
`
`
`
`
`
`
`
`
`
`(a) Wrongful act, error or omission allegedly committed or omitted by:
`
`
`
`
`
`
`
`(i)
`
`The party;
`
`(ii)
`
`Any other defendant or third party defendant in this action;
`
`(iii) Any person or party not a defendant or third party defendant in this
`
`(b)
`
`Any allegedly dangerous or defective condition with respect to any premises,
`
`instrumentality or device;
`
`
`
`
`
`action:
`
`
`
`
`
`
`
`
`
`
`
`
`
`(c)
`
`The condition of the premises, instrumentality or device complained of in this
`
`
`
`
`(i) Within thirty (30) days prior to the date of the occurrence or event;
`(ii)
`At any time subsequent to the occurrence or event.
`
`15 of 39
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`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`
`3.
`
`Any medical, dental, paramedical, hospital, clinic, or mental health facility which
`
`has treated plaintiff, or with whom plaintiff have consulted, with respect to any of the injuries allegedly
`
`sustained, exacerbated or aggravated by reason of the circumstances or events complained of in this
`
`action.
`
`
`
`
`
`4.
`
`Any persons having knowledge with respect to any conversations, communications
`
`or writings with respect to the circumstances or events referred to in the complaint or in any
`
`affirmative defense asserted by any party herein.
`
`
`
`
`
`5.
`
`Any persons having knowledge with respect to any items of special or general
`
`damages asserted by plaintiff in the within action or with respect to any setoff or counterclaim by any
`
`defendant or third party defendant.
`
`
`
`
`
`If you are unaware of any witnesses at this time, please provide a statement to that
`
`effect.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
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`
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`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`
`
`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
`
`
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`
`16 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
`
`
`
`
`
`
`
`
`
`
`
`
`17 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`
`
`
` Index No.: 150069/2024
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
`
`Defendant(s).
`
`
`
`
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
` NOTICE FOR DISCOVERY
` AND INSPECTION
`
`
`
`
`
`
`
`
`PLEASE TAKE NOTICE, pursuant to CPLR 3120(a), you are hereby requested to
`
`produce at the offices of GALLO VITUCCI & KLAR LLP, 90 Broad Street, Suite 1202, New York,
`
`New York 10004, within thirty (30) days, the following for inspection by the defendants or their
`
`attorneys:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1. Photographs of the scene of the occurrence taken before or after the incident.
`
`2. Photographs of the plaintiff’s injuries.
`
`3. Photographs of the vehicle involved in the accident.
`
`4. Police Report prepared following the accident.
`
`5. Accident/incident report prepared following the accident.
`
`6. A duly executed authorization permitting the answering defendants and/or their attorneys
`
`to obtain the plaintiff's employment records for the years 2020 to present.
`
`
`
`
`
`7. A duly executed authorization permitting the answering defendants and/or their attorneys
`
`to obtain the plaintiff’s income tax records for the years 2020 – present.
`
`
`
`
`
`8. A copy of the ambulance call report and a duly executed authorization to secure all
`
`ambulance records.
`
`
`
`18 of 39
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`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE that mailing to the undersigned attorneys of the
`
`items requested for production at least seven (7) days prior to the aforementioned date will be deemed
`
`sufficient compliance.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`
`
`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
`
`
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
`
`19 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`
`
`
`
`
` Index No.: 150069/2024
`
`
`Plaintiff(s),
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
` DEMAND PURSUANT TO CPLR
`
`
`
`
`
`
`
`
`
` 4545 FOR COLLATERAL
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
`
`
` SOURCE PAYMENT
` INFORMATION
`
`
`
`
`
`
`
`
`
`
`
`
`Defendant(s).
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`S I R S:
`
`
`
`
`
`PLEASE TAKE NOTICE, that pursuant to Section 3101 and 4545, you are required to
`
`serve within thirty (30) days after receipt of this notice, the following information:
`
`
`
`
`
`1.
`
`The names, addresses and amounts received to date from all persons, firms, or
`
`organizations which have reimbursed plaintiff for the cost of medical care, custodial care,
`
`rehabilitation services, loss of earnings or other economic loss, and other costs including but not
`
`limited to:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a)
`
`Insurance;
`
`(b)
`
`Social Security Benefits;
`
`(c) Worker's Compensation Benefits;
`
`(d)
`
`Disability Benefits;
`
`(e)
`
`Employee Benefits Program;
`
`(f)
`
`Any other source.
`
`2.
`
`Where reimbursement was or is pursuant to a policy of a type, state the name of the
`
`policy holder, the policy number, and the name of the issuer of the policy; a list of claims submitted
`
`pursuant to the policy, and the amount of money received pursuant to each claim.
`
`
`
`20 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`
`
`
`
`3.
`
`Duly executed and acknowledged written authorizations directed to all persons, firms
`
`or organizations which have reimbursed plaintiff for costs of medical care, custodial care,
`
`rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims
`
`have been submitted to obtain copies of the policies under which said payments or claims were made,
`
`copies of all checks and other indications of payment, and copies of any claims submitted for payment.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, authorizations for any insurance documents and
`
`policy produced in response to the demand herein shall be for the complete documents and policy
`
`including but not limited to declaration sheets, riders, limitations, endorsements, amendments,
`
`cancellations, face sheets and/or binders, etc.
`
`
`
`
`
`PLEASE TAKE FURTHER NOTICE, that if it is claimed that no such persons,
`
`firms, or organizations have reimbursed plaintiff for such costs, then demand is hereby made that the
`
`above-named parties set forth, by affidavit such fact.
`
`Dated: New York, New York
`
`March 26, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Yours, etc.,
`
`GALLO VITUCCI & KLAL LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
`
`
`
`By: Grant M. Meisels
`
` Grant M. Meisels
`
`
`
`
`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
`
`
`
`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
`
`21 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
`
`TO:
`
`
`
`
`
`
`
`
`
`
`
`22 of 39
`
`

`

`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 150069/2024
`
`RECEIVED NYSCEF: 03/28/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF RICHMOND
`- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X
`AHMET ADZEMOVIC,
`
`
`
`
`
`Plaintiff(s),
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
`
`Defendant(s).
`
`
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`Index No.: 150069/2024
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` DEMAND FOR STATEMENT
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`PLEASE TAKE NOTICE, that demand is hereby made upon your, pursuant to CPLR
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`3101(3), for a copy of all statements of Defendants, SAN ANDRES OM CONSTRUCTION CORP.
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`and MARIO ORTEGA MARTINEZ, or the agents and employees of said parties If there be no
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`statements please advise accordingly.
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`PLEASE TAKE FURTHER NOTICE, that default in complying with this demand
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`within thirty (30) days of the date hereof will serve as a basis for objection by the undersigned to the
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`use of such statements upon the trial of this matter.
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`Dated: New York, New York
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`March 26, 2024
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`Yours, etc.,
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`GALLO VITUCCI & KLAL LLP
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`By: Grant M. Meisels
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` Grant M. Meisels
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`Attorneys for Defendants
`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ
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`Office & P.O. Address:
`90 Broad Street, Suite 1202
`New York, New York 10004
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`23 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
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`(212) 683-7100
`Our File : SFBF.2024209
`gmeisels@gvlaw.com
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`JONATHAN D’AGOSTINO & ASSOCIATES, P.C.
`Attorneys for Plaintiff
`AHMET ADZEMOVIC
`3309 Richmond Avenue
`Staten Island, New York 10312
`(718) 967-2600
`File No.: Q25920-A222806
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`TO:
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`24 of 39
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`FILED: RICHMOND COUNTY CLERK 03/28/2024 09:55 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 150069/2024
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`RECEIVED NYSCEF: 03/28/2024
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`Plaintiff(s),
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`-against-
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`SAN ANDRES OM CONSTRUCTION CORP. and
`MARIO ORTEGA MARTINEZ,
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`Defendant(s).
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`SUPRE