FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`-against-
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`The defendant, BRUCE K. DARROCH, answering the Verified Complaint of plaintiff,
`
`Index No: 601304/2024
`
`
`
`
`VERIFIED ANSWER TO
`VERIFIED COMPLAINT
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
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`allege(s) upon information and belief, the following:
`
`1.
`
`Denies any knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations contained in paragraphs of the Verified Complaint designated FIRST
`
`and THIRD.
`
`
`
`2.
`
`AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
`
` Responding to the paragraph of the Verified Complaint designated “FIFTH”,
`
`repeats and reiterates each and every admission, denial and other response heretofore made to the
`
`preceding paragraphs with the same force and effect as if set forth at length herein.
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`3.
`
`Denies each and every allegation contained in the paragraphs of the Verified
`
`Complaint designated SIXTH, EIGHTH, NINTH, ELEVENTH, TWELFTH, THIRTEENTH,
`
`FOURTEENTH & SIXTEENTH.
`
`4.
`
`Denies any knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations contained in paragraphs of the Verified Complaint designated
`
`SEVENTH, and respectfully refers all questions of law to the Trial Court.
`
`4.
`
`Denies each and every allegation contained in the paragraphs of the Verified
`
`Complaint designated TENTH, FIFTEENTH & SEVENTEENTH and respectfully refers all
`
`questions of law to the Trial Court.
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`1 of 50
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`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
`
`5.
`
`Responding
`
`to
`
`the paragraph of
`
`the Verified Complaint designated
`
`“EIGHTEENTH ”, repeats and reiterates each and every admission, denial and other response
`
`heretofore made to the preceding paragraphs with the same force and effect as if set forth at
`
`length herein.
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`6.
`
`Denies any knowledge or information sufficient to form a belief as to the truth or
`
`falsity of the allegations contained in paragraphs of the Verified Complaint designated
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`NINETEENTH.
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`7.
`
`Denies each and every allegation contained in the paragraphs of the Verified
`
`Complaint designated TWENTIETH AND TWENTY-FIRST and respectfully refers all
`
`questions of law to the Trial Court.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`
`That the plaintiff's alleged damages representing the cost of medical care, dental care,
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`custodial care or rehabilitation services, loss of earnings or other economic loss were or will,
`
`with reasonable certainty, be replaced or indemnified, in whole or in part, by or from a collateral
`
`source and this Court shall, pursuant to CPLR Section 4545, reduce the amount of such alleged
`
`damages by the amount such damages were or will be replaced or indemnified by such collateral
`
`source.
`
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`
`The injuries and damages allegedly sustained by plaintiff were caused in whole or in part
`
`by the culpable conduct of plaintiff, including negligence and assumption of risk, as a result of
`
`which the claim of plaintiff is therefore barred or diminished in the proportion that such culpable
`
`conduct of plaintiff bears to the total culpable conduct causing the alleged injuries and damages.
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`
`Upon information and belief plaintiff(s) failed to mitigate damages.
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`2 of 50
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`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`Plaintiff’s sole and exclusive remedy is confined and limited to the benefits and
`
`provisions of Article 51 of the Insurance Law of the State of New York.
`
`
`
`Plaintiff did not sustain a serious and permanent injury as defined by Section 5102 of the
`
`Insurance Law of the State of New York, and his exclusive remedy is confined and limited to the
`
`benefits and provisions of Article 51 thereof.
`
`
`
`Plaintiff’s cause of action is barred by Article 51, Section 5104 of the Insurance Law of
`
`the State of New York.
`
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`
`That if it is determined that plaintiff failed to use available seatbelts, defendant hereby
`
`pleads such fact in mitigation of damages.
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`That this action is barred by reason of the fact that plaintiff did not sustained a “serious
`
`injury” as defined in Section 5102 of the Insurance Law and, thus, has no right of recovery under
`
`Sec. 5104 of the Insurance Law.
`
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`That at all times hereinafter mentioned, the answering defendant was confronted with an
`
`emergency and, thus, his actions are governed by the common law standard of care in an
`
`emergency situation.
`
`WHEREFORE, this party demands judgment dismissing the action herein, together with
`
`costs and disbursements.
`
`Dated: April 4, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`LAW OFFICE OF ERIC D. FELDMAN
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`
`
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`3 of 50
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`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`
`
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`
`
`
`
`
`
`
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`4 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ATTORNEY VERIFICATION
`
`
`SAMANTHA DESOUSA, affirms as follows:
`
`I am an attorney at law admitted to practice in the Courts of the State of New York, and
`
`am associated with the LAW OFFICE OF ERIC D. FELDMAN, attorneys for defendant in the
`
`within action, and as such, I am fully familiar with all the facts and circumstances therein.
`
`
`
`That the foregoing Answer is true to the knowledge of affirmant, except as to those
`
`matters therein stated to be alleged upon information and belief, and that as to those matters
`
`affirmant believes it to be true.
`
`
`
`Affirmant further states that the reason that this verification is made by affirmant and not
`
`by defendant(s) is that the defendant(s) is/are not within this County of Suffolk where affirmant
`
`maintains her office.
`
`
`
`Affirmant further states that the sources of her knowledge and information are reports of
`
`investigations, conversations, writings, memoranda, and other data concerning the subject matter
`
`of the litigation.
`
`
`
`The undersigned attorney affirms that the foregoing statements are true, under the
`
`penalties of perjury pursuant to Rule 2106 of the CPLR.
`
`Dated: April 4, 2024
`
`
`
`
`
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`
`
`
`
`
`
`
`
`
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`
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`
`
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`Samantha L. DeSousa
`
`
`
`
`
`
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`5 of 50
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`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
`Index No: 601304/2024
`
`
`
`EXCHANGE OF INSURANCE
`INFORMATION PURSUANT
`TO CPLR §3101(f) and §3122(b)
`
`
`
`Defendant, by his attorney the Law Office of ERIC D. FELDMAN, as and for its
`
`Exchange of Insurance Information Pursuant to CPLR §3101(f) and §3122(b) sets forth the
`
`following:
`
`
`
`1.
`
`Attached hereto is a copy of the Declaration Sheet for the policy in force on the
`
`alleged date of loss.
`
`
`
`2.
`
`The Claim Professional assigned to the handling of this action is KELLY ALEXANDER
`
` and their email address is: kkalexan@travelers.com.
`
`
`
`Should you require additional documentation or certification pursuant to the CPLR,
`
`please advise and we shall further supplement this response accordingly. Otherwise, we will
`
`assume this disclosure is sufficient compliance.
`
`Dated: April 4, 2024
`
`
`
`
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`
`
`6 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`
`
`
`
`7 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`Index No: 601304/2024
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
` DEMAND FOR A VERIFIED
` BILL OF PARTICULARS
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`-against-
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
`
`PLEASE TAKE NOTICE that this answering party, represented by the LAW OFFICE
`
`OF ERIC D. FELDMAN, the undersigned attorneys, requires that you serve upon said attorneys
`
`within thirty (30) days after service upon you of a copy of this demand, a Verified Bill of
`
`Particulars, setting forth the following:
`
`
`
`
`
`
`
`
`
`
`
`
`(a) The name of the street or road upon which the
`
`alleged accident occurred;
`
`(b)
`
`
`(c)
`
`
`
`
`Indicate the nearest intersecting road and the
`distance therefrom; and
`
`Specifying the exact place of the occurrence
`with respect to the center of the road, the
`center of the intersection, or other clear
`reference point.
`
`
`State the date, time of day, and weather and road conditions of the occurrence
`1.
`
`alleged in the Complaint.
`
`The location of the alleged occurrence in sufficient detail to permit ready
`2.
`
`identification, including but not limited to:
`
`
`
`
`
`
`
`
`
`
`
`
`Set forth the name and address of the owner and operator of each vehicle involved
`3.
`
`in the occurrence.
`
`Set forth the year, make, model and license plate number (indicating state and
`4.
`
`year) of each vehicle allegedly involved in the occurrence.
`
`State the direction each vehicle allegedly involved in this occurrence was heading
`5.
`
`just before the occurrence; state the location where each vehicle allegedly involved in this
`occurrence came to rest immediately after the occurrence.
`
`
`8 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`State all traffic controls plaintiff will claim existed at the scene of the occurrence;
`6.
`
`state what traffic controls it will be claimed defendant violated.
`
`Set forth factually and specifically in what way it is claimed this party was
`7.
`
`negligent, indicating each and every particular act or omission constituting this party's alleged
`negligence.
`
`
`
`Set forth each and every injury and/or condition allegedly sustained by each
`8.
`
`plaintiff as a result of the said occurrence indicating:
`
`
`
`
`
`
`
`
`
`
`
`
`
` 9. Give the length of time and specific dates it is claimed that each plaintiff was
`
`confined, by reason of the alleged injuries:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`
`
`
`(a)
`
`its nature, extent, location and duration;
`
`(b)
`
`
`
`(c)
`
`
`
`
`
`a complete description of any injury
`and/or condition claimed to be residual or
`permanent; and
`
`the name and address of each physician
`or other medical practitioner treating or
`examining plaintiff; the date of each visit;
`and whether treatment has ceased or is
`continuing.
`
`
`
`
`
`
`(a) to bed; (b) to house; and (c) if treated at
`or confined to a hospital or other medical
`facility, state the name and address thereof,
`and the dates of admission and discharge.
`
`10. State with respect to each plaintiff:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(a) Plaintiff's place and date of birth, all other
`
`names by which each plaintiff has ever been
`
`known, and social security number. If plaintiff
`
`is a married woman, state maiden name.
`
`(b) Plaintiff's occupation at the time of the
`
`occurrence, with a description of
`
`plaintiff's duties;
`
`(c) The name and address of plaintiff's
`
`employer at the time of the alleged
`
`occurrence.
`
`(d) The daily or weekly earnings (gross and
`
`net) at the time of the occurrence.
`
`(e)
`
`
`If plaintiff was self-employed, set forth
`the business name and address of plaintiff and
`
`9 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
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`
`
`
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`
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`the annual income (gross and net) of plaintiff
`from said business.
`
`(f) Whether plaintiff was incapacitated from said
`
`employment; if so, the length of time including
`
`the specific dates that plaintiff was allegedly
`
`incapacitated from attending to said employment.
`
`(g)
`
`
`
`
`If plaintiff was a student, the name
`and address of the school attended and the
`dates, if any when plaintiff was absent
`from school.
`
`(a)
`
`
`hospital, clinic or other medical
`institutions expenses;
`
`(b)
`
`x-rays;
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`11. Set forth the total amounts claimed to have been spent or incurred by or on behalf
`
`of each plaintiff (setting forth the name of each provider of services along with the amount of the
`bill and dates of treatment or consultation) for:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12. State in what respect each plaintiff has sustained a serious injury as defined in
`
`Article 51 of the Insurance Law of the State of New York and/or economic loss greater than
`basic economic loss as defined in Section 5102 of the Insurance Law of the State of New York.
`
`13. Pursuant to CPLR 3118 demand is hereby made that you furnish the undersigned
`
`with a verified statement setting forth the office address and residence of each plaintiff indicating
`the street and number, City and State.
`
`14. Set forth the title, chapter and section of every statute, ordinance, regulation and
`
`rule which plaintiff claims to be either applicable to the occurrence or to have been violated by
`defendant.
`
`
`
`
`
`
`
`(c)
`
`physician and other health provider services;
`
`
`
`
`
`
`
`
`
`
`
`(d)
`
`nurses' services;
`
`(e) medical supplies;
`
`(f)
`
`
`(g)
`
`
`loss of earnings and the basis of
`computation thereof; and
`
`amount and nature (describing in detail of
`any other special damages claimed).
`
`PLEASE TAKE FURTHER NOTICE, that in the event you have no knowledge of any
`
`or all of the above, same shall be so stated.
`
`10 of 50
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`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`PLEASE TAKE FURTHER NOTICE, that these are continuing demands and
`
`supplemental responses up to the time the case is placed on the trial calendar are required.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a
`
`Bill of Particulars within the said period of thirty (30) days, a motion will be made for an order
`
`precluding you from giving any evidence at the trial of the above items for which particulars
`
`have not been delivered in accordance with said demand.
`
`
`
`
`
`
`
`Dated: April 4, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`
`
`
`
`
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`11 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`Index No: 601304/2024
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
` DEMAND PURSUANT TO
`CPLR 30127 ( c)
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`-against-
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
` Pursuant to CPLR §3017(c) within fifteen (15) days from the date of service of this
`
`request, you are hereby required to set forth the total damages to which plaintiff(s) deems
`
`himself/herself entitled and list same separately for each cause of action.
`
`
`
`
`
`
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`Dated: April 4, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`
`
`
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`12 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`
`
`
`-against-
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`Index No: 601304/2024
`
`
` NOTICE FOR DISCOVERY AND
` INSPECTION AS TO
`LITIGATION FUNDING
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`
`
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
`
`
`PLEASE TAKE NOTICE, that the undersigned hereby demands on behalf of the party it
`
`represents in this action, that within thirty (30) days of this demand, plaintiff state in response to
`
`this notice whether plaintiff, plaintiff’s attorney or anyone on behalf of plaintiff or plaintiff’s
`
`attorney has entered into an agreement, contract, contingency or loan with a lender, litigation
`
`funding company, litigation lending company, medical funding company or other similar entity,
`
`company, corporation, partnership or person that is engaged in loaning money, advancing money
`
`or financially assisting you or your attorney in any aspect of this case, whether it be for payment
`
`of medical bills, litigation expenses, witness expenses, lost wages or an advancement against a
`
`portion or all of any potential recovery you may receive.
`
`
`
`IF THE ANSWER IS IN THE AFFIRMATIVE, demand is hereby made that you
`
`provide the following within thirty (30) days of this demand:
`
`(a) The complete name and address of the lender, litigation funding company, litigation
`lending company, medical funding company or similar entity as described above.
`
`(b) The date on which agreement, advance or loan was made.
`
`(c) The amount of such agreement, advance or loan.
`
`(d) All information, including documents of any kind provided to the lender, litigation
`funding company, litigation lending company, either pursuant to the request of the
`litigation funding company, litigation lending company, or voluntarily.
`
`(e) Attach a copy of said agreement(s) to the response to this demand.
`
`13 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`(f) Attach copies of all brochures, applications, contracts, agreements, liens, correspondence
`or other similar documents received by you, completed by you, anyone on your behalf
`and your attorney(s) as part of the process of entering into all agreements, negotiations
`and contracts with a lender, litigation funding company, litigation lending company,
`medical funding company, or similar entity.
`
`(g) A duly executed HIPAA compliant authorization for the entire contents of the litigation
`funding company’s file including, but not limited to, any and all advertising materials,
`applications, estimates, medical information, brochures, contracts, agreements, liens and
`correspondence.
`
`PLEASE TAKE FURTHER NOTICE, that in the event any of the requested documents
`
`
`
`
`and/or items do not exist, a verified statement to that effect is to be served on the undersigned on
`
`or before the aforesaid return date.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand and if there is
`
`any change to the initial response to this demand during the course of the litigation a further
`
`response is required within thirty (30) days of the change.
`
`
`
`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested
`
`documents and/or items on the date and at the time and place demanded, a Motion will be made
`
`
`
`
`
`for the appropriate relief.
`
`Dated: April 4, 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`14 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`NYSCEF DOC. NO.
`3
`
`INDEX NO. 601304/2024
`INDEX NO. 601304/2024
`RECEIVED NYSCEF: 04/05/2024
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`
`
`
`
`15 of 50
`15 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`-against-
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`
`
`
`Index No: 601304/2024
`
`DEMAND FOR CELL
`PHONE RECORDS
`
`
`
`PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq. and the applicable case
`
`law, you are hereby required to produce for discovery and supply to the undersigned attorneys
`within twenty (20) days from the date of service of this demand, the following information,
`documents and items requested for the purpose of inspection and/or copying:
`PLEASE TAKE FURTHER NOTICE, that submission to the undersigned of true and
`
`conformed certified copies of the documents and/or items demanded herein on or before the
`aforesaid return date will be deemed compliance with this demand notice.
`
`
`1. A copy of the plaintiff’s detailed cellular telephone records for the date of the incident
`including calls made and calls received. The records should also include the time that
`the call was made or received, the duration of the call and the telephone number that
`was called or from where the call originated.
`
`2. A copy of the detailed text records for the plaintiff’s cellular telephone number for the
`date of the incident including texts that were made and texts that were received. The
`records should also include the time that the text was made or received and the time
`the text was made or received.
`
`PLEASE TAKE FURTHER NOTICE that in the event any of the requested documents
`
`and/or items do not exist, a verified statement to that effect is to be served on the undersigned on
`or before the aforesaid return date.
`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and in the
`
`event any of the requested documents and/or items are obtained after the aforesaid return date,
`same are to be furnished to the undersigned within thirty (30) days after receipt.
`
`
`
`16 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested
`
`documents and/or items on the date and at the time and place demanded, a Motion will be made
`for the appropriate relief.
`
`Dated: April 4, 2024
`
`
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`
`
`
`
`
`
`
`
`
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`
`
`
`
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`17 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`Index No: 601304/2024
`
`
`
`
` DEMAND FOR ELECTRONIC
`TRACKING DATA
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`-against-
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
`PLEASE TAKE NOTICE, that you are hereby required to supply the undersigned, at
`
`the below listed address, for discovery, inspection and copying, within thirty (30) days of the
`date hereof, the following:
`
`
`PLEASE TAKE FURTHER NOTICE that the undersigned demands pursuant to CPLR
`
`Article 31, et seq., the following:
`
`1. That any tracking device (FitBits; Apple Tracking Watch; or other Mobile Tracking
`Devices) that was in place and/or installed.
`
`2. Production of any and all raw data from the any electronic tracking device in place
`and/or installed be produced in both original electronic form as well as any and all downloads
`and/or print-outs of said raw data - for a period of 24 hours prior to the occurrence which is the
`subject of the above captioned litigation and 24 hours following the same.
`
`3. The username and password for any World Wide Web access to the data from said
`device - for a period of 24 hours prior to the occurrence which is the subject of the above
`captioned litigation and 24 hours following the same. Any and all text messages, e-mails and/or
`other reports and/or alerts from said tracking device - for a period of 24 hours prior to the
`occurrence which is the subject of the above captioned litigation and 24 hours following the
`same. A statement of the parameters of geo-fencing and/or perimeter reports - for a period of 24
`hours prior to the occurrence which is the subject of the above captioned litigation and 24 hours
`following the same. A sworn statement identifying the manufacturer and model of said tracking
`device as well as the firmware and/or software version running on said device at the time of the
`loss which is the subject of the above captioned action.
`
`PLEASE TAKE FURTHER NOTICE, that if there is any claim that the any of the
`
`above demanded record(s) and/or information cannot be located, have been destroyed or mislaid
`
`or for some other reason no longer exists, an affidavit, from the plaintiffs personally, is hereby
`
`demanded pursuant to Cromwell v. Ward, 183 A.D.2d 459, 584 N.Y.S.2d 295 (1st Dep’t., 1992);
`
`Wilenskv v. JRB Marketing & Opinion Research, Inc.. 161 A.D.2d 761, 556 N.Y.S.2d 356 (2nd
`
`18 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`Dep’t., 1990); and Jackson v. City of New York, 185 A.D.2d 768, (N.Y.A.D.,1992). Said
`
`affidavit is to set forth, in detail, the following:
`
` where the subject records were likely to be kept;
` what efforts, if any, were made to preserve them;
` whether such records were routinely destroyed;
` or, whether a search had been conducted in every location where the records were likely
`to be found;
`
`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and in
`
`the event any of the requested documents and/or items are obtained after the aforesaid return
`date, same are to be furnished to the undersigned within thirty (30) days after receipt.
`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested
`
`documents and/or items on the date and at the time and place demanded, a Motion will be made
`for the appropriate relief.
`
`Dated: April 4, 2024
`
`
`
`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`
`
`
`
`
`
`
`
`
`
`Samantha L. DeSousa
`Attorney for Defendant BRUCE K. DARROCH
`Mailing Address:[1]
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3014 Direct
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`To:
`LAW OFFICE OF RICHARD LAVORATA, JR.
`Attorney for Defendants
`101 N. Wellwood Avenue
`Lindenhurst, NY 11757
`rlavorataesq@gmail.com
`
`
`
`
`
`
`
`[1] Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
`
`19 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`ANGELA SAWHNEY and VENEET SAWHNEY,
`
`
`
`-against-
`
`BRUCE K. DARROCH,
`
`Defendant.
`
`
`
`------------------------------------------------------------------X
`COUNSELOR:
`
`
`
`Index No: 601304/2024
`
`COMBINED DEMANDS
`
`PLEASE TAKE NOTICE, that the undersigned hereby makes the following demands
`
`upon you, returnable at the office of the undersigned within (30) days of this Demand.
`
`
`
`
`
`
`
`
`
`
`
`1.
`
`2.
`
`3.
`
`
`Demand for the Names and Addresses of all Witnesses;
`
`Demand for Expert Information;
`
`Demand for the Discovery and Inspection of any Statement by or on
`behalf of a Party Represented by the Undersigned;
`
`4.
`
`
`5.
`
`6.
`
`7.
`
`8.
`
`Notice of Discovery and Inspection for Medical Information and
`Authorizations;
`
`
`
`
`
`Notice of Discovery and Inspection of Photographs;
`
`Demand for Income Tax Returns.
`
`Demand for Collateral Source.
`
`Demand for Employment Records.
`
`
`
`
`
`
`
`
`
`
`
`That, in lieu of the foregoing, you may submit readable photocopies of the aforesaid
`
`documents by mailing them to the LAW OFFICE OF ERIC D. FELDMAN, P.O. Box 2903,
`Hartford, CT 06104-2903, on or before the date the documents are to be produced.
`
`
`DEMAND FOR THE NAMES AND ADDRESS OF WITNESSES
`
`
`PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant
`
`to CPLR 3101(a), that you set forth in writing and under oath, the name and address of each
`person claimed by any party you represent, to be a witness to any of the following;
`
`
`
`
`
`
`(a)
`
`(b)
`
`
`The occurrence alleged in the Complaint; or
`
`Any acts, omissions or conditions which allegedly caused the occurrence
`alleged in the Complaint; or
`
`20 of 50
`
`

`

`FILED: SUFFOLK COUNTY CLERK 04/05/2024 03:22 PM
`NYSCEF DOC. NO. 3
`
`INDEX NO. 601304/2024
`
`RECEIVED NYSCEF: 04/05/2024
`
`(c)
`
`
`
`
`(d)
`
`
`Any actual notice allegedly given to defendant or
`any servant, agent or employee of defendant of any
`condition which allegedly caused the occurrence
`alleged in the Complaint; or
`
`The nature and duration of any alleged condition which allegedly caused
`the occurrence alleged in the Complaint.
`
`
`
`
`
`
`
`
`
`
`If no such witnesses are known to you, so state in the sworn reply to this Demand. The
`
`undersigned will object upon trial to the testimony of any witnesses not so identified.
`
`
`DEMAND FOR EXPERT INFORMATION
`
`
`PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands, pursuant
`
`to CPLR Section 3101(d), that you set forth, in writing and under oath, the following information
`for each party you represent, after each expert is retained and prior to filing a Note of Issue:
`
`
`
`
`
`
`
`
`
`
`
`
`
`If no such witnesses are known to