FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`EDWARD KOGEL,
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`Plaintiff,
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`
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`
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`-against-
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`20 COMMERCE ASSOCIATES, LLC,
`
`
`Defendant.
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`
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`
`
`------------------------------------------------------------------X
`
`
`Index No.: 602428/2024
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`VERIFIED ANSWER
` TO COMPLAINT
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`The defendant, 20 COMMERCE ASSOCIATES, LLC, answering the Verified
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`Complaint of the plaintiff, allege upon information and belief, the following:
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`1.
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`Denies each and every allegation contained in the paragraph of the Verified
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`Complaint designated 5, 6, 7, 8, 9, 10, 11, 12, 13 and 24 and respectfully refers all
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`questions of law and fact contained therein to the Trial Court.
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`
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`2.
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`Denies each and every allegation contained in the paragraphs of the Verified
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`Complaint designated 14, 15, 16, 21, 22, 23 and 25.
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`3.
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`Denies any knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraphs of the Verified Complaint
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`designated 17, 18, 19 and 20.
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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` That by entering into the activity in which plaintiff was engaged at the time of the
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`occurrence set forth in the Complaint, said plaintiff knew the hazards thereof, the risks
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`inherent thereto and had full knowledge of the dangers thereof; that whatever injuries and
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`damages were sustained by plaintiff as alleged in the Complaint arose from and were
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`caused by reason of such inherent risks voluntarily undertaken by the plaintiff in his/her
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`1 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
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`activities and such risks were assumed and accepted by him/her in performing and
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`engaging in said activities.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
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`
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`That the plaintiff's alleged damages representing the cost of medical care, dental
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`care, custodial care or rehabilitation services, loss of earnings or other economic loss were
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`or will, with reasonable certainty, be replaced or indemnified, in whole or in part, by or
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`from a collateral source and this Court shall, pursuant to CPLR Section 4545, reduce the
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`amount of such alleged damages by the amount such damages were or will be replaced or
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`indemnified by such collateral source.
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`
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
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`Answering defendant(s) responsibility for non-economic loss, if any, which is
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`expressly denied herein, is less than 50% of any responsibility attributed to any tortfeasor,
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`whether or not a party hereto, who is or may be responsible for the happening of plaintiff's
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`alleged accident and, thus, such party is entitled to a limitation of damages as set forth in
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`CPLR Article 16.
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`
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`
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`
`The injuries and damages allegedly sustained by plaintiff were caused in whole or in
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`part by the culpable conduct of plaintiff, including negligence and assumption of risk, as a
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`result of which the claim of plaintiff is therefore barred or diminished in the proportion that
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`such culpable conduct of plaintiff bears to the total culpable conduct causing the alleged
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`injuries and damages.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
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`Upon information and belief plaintiff(s) failed to mitigate damages.
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`2 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
`
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`
`
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`That the plaintiff(s) has (have) failed to join, as defendants, all necessary and proper
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`parties in this action.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`
`
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`Plaintiff’s injuries, if any, were caused by the culpable conduct of parties other than
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`the answering defendant and over whom defendant had no control.
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
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`
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`That plaintiff’s claims as against this answering defendant are barred by virtue of
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`the Workers' Compensation Law of the State of New York which provides plaintiff's sole
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`remedy herein.
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`
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`WHEREFORE, this party demands judgment dismissing the action herein, together
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`with costs and disbursements.
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`Dated: April 18, 2024
`
`Melville, New York
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`By: ____________________________
` DAVID I. ROBINSON
`Attorneys for Defendant
`20 COMMERCE ASSOCIATES, LLC
`Mailing Address:1
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024037616
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`1 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`3 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`TO:
`
`ROSENBERG & GLUCE, L.L.P.
`Attorney for Plaintiff
`1176 Portion Road
`Holtsville, New York 11742
`(631) 451-7900
`
`
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`
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`4 of 48
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`

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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`STATE OF NEW YORK
`
`
`
`
`COUNTY OF SUFFOLK
`
`
`
`)
`)ss:
`)
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`
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`
`
`ATTORNEY’S VERIFICATION
`
`
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`The undersigned, an attorney duly admitted to practice law in the Courts of the State
`
`of New York, states as follows:
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`
`
`Affirmant is associated with the LAW OFFICE OF ERIC D. FELDMAN, the
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`attorneys for the defendant, 20 COMMERCE ASSOCIATES, LLC, and has read the
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`foregoing Answer, and knows the contents thereof and that the same is true to the best of
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`affirmant’s knowledge, except as to those matters therein stated to be alleged upon
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`information and belief and as to those matters affirmant believes to be true.
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`
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`That the reason this verification is made by affirmant and not by the defendant(s) is
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`because the defendant(s) is/are not within Suffolk County where the attorney maintains
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`his/her office; and that the source of affirmant’s knowledge and the grounds of belief as to
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`those matters therein stated to be alleged upon information and belief are correspondence
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`and investigations which have been made concerning the subject matter in this action and
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`which are in the possession of the said attorneys.
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`
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`The undersigned affirms that the foregoing statements are true, under the penalties of
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`perjury.
`
`Dated: April 18, 2024
`
`Melville, New York
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`____________________________________
`
`DAVID I. ROBINSON
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`5 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`EDWARD KOGEL,
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`20 COMMERCE ASSOCIATES, LLC,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`
`
`
`
`Index No.: 602428/2024
`
` EXCHANGE OF INSURANCE
` INFORMATION PURSUANT
` TO CPLR §3101(f) and §3122(b)
`
`Defendant, 20 COMMERCE ASSOCIATES, LLC, by their 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.
`
`Annexed hereto as Exhibit A is a copy of the Declaration Sheet for the
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`policy in force on the alleged date of loss.
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`
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`2.
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`The Claim Professional assigned to the handling of this action is Natalia
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`Camacho and her email address is: ncamacho@travelers.com
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`
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`Should you require additional documentation or certification pursuant to the CPLR,
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`please advise and we shall further supplement this response accordingly. Otherwise, we
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`will assume this disclosure is sufficient compliance.
`
`Dated: April 18, 2024
`
`Melville, New York
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`
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`6 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`By: ____________________________
` DAVID I. ROBINSON
`Attorneys for Defendant
`20 COMMERCE ASSOCIATES, LLC
`Mailing Address:2
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024037616
`
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`TO:
`
`ROSENBERG & GLUCE, L.L.P.
`Attorney for Plaintiff
`1176 Portion Road
`Holtsville, New York 11742
`(631) 451-7900
`
`
`
`2 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
`
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`7 of 48
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`

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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`EDWARD KOGEL,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`20 COMMERCE ASSOCIATES, LLC,
`
`
`Defendant.
`
`
`
`
`
`------------------------------------------------------------------X
`COUNSELORS:
`
`
`
`Index No.: 602428/2024
`
`DEMAND FOR A
`VERIFIED
`BILL OF PARTICULARS
`
`PLEASE TAKE NOTICE that this answering party, represented by the LAW
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`OFFICE OF ERIC D. FELDMAN, the undersigned attorneys, requires that you serve upon
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`said attorneys within thirty (30) days after service upon you of a copy of this demand, a
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`Verified Bill of Particulars, setting forth the following:
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`state:
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`Give the day, date and exact time of the occurrence alleged in the Complaint.
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`1.
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`2. With respect to the location where it is alleged the occurrence took place,
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`(a)
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`(b)
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`the address of the premises in, at or near where the occurrence took
`place;
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`the location where the occurrence took place as nearly as may be
`stated so as to permit ready identification and location;
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`(c) with regard to any stairway involved, specify the location of the
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`stairway and of the step from which plaintiff claims to have fallen
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`(street or ground floor to be counted as the first floor);
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`(d) with regard to any sidewalk involved, the location of the condition
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`of the sidewalk, setting forth the distance from the nearest curb or
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`intersecting street or from the building line or from another
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`described fixed object;
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`(e) with regard to any other floor or other surface, the location thereof
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`8 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
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`in sufficient detail to permit ready identification and location and
`by distance from at least three described fixed objects;
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`(f)
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`the location within the premises of any involved equipment, party
`or appurtenance (describe in adequate detail to permit ready
`identification and location);
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`(g) with regard to any elevator involved the specific elevator involved
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`(if there were more than one) and on what floor (or between what
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`floors) was the elevator at the time of the occurrence.
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`4.
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`If any dangerous or defective condition is alleged:
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`(a)
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`State the nature of the alleged dangerous or defective condition;
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`(b)
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`set forth the exact location of the defect;
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`(c)
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`(d)
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`(e)
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`state whether it will be claimed that the answering defendant had
`actual or constructive notice of the said condition;
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`if actual notice is claimed, a statement of when and to whom same
`was given, stating the names and dates;
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`if it is alleged that the answering defendant or the agent, servant,
`and/or employee of the answering defendant caused of created the
`condition, state the name of the person who caused or created the
`condition and the date when said condition was caused or created;
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`(f)
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`if constructive notice is claimed, state:
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`(i)
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`nature of condition;
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`(ii)
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`location of condition;
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`Statement of the acts or omissions constituting the negligence claimed, if any,
`3.
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`of the answering defendant.
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`If it is claimed that the answering defendant breached any agreement,
`5.
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`bailment, contract, lease, permit or warranty, or is liable pursuant to the terms of any
`agreement, bailment, contract, lease permit or warranty:
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`(iii) duration of condition with date of inception to date
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`constructive notice will be claimed to be given the
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`answering defendant.
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`(a)
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`state whether such agreement, bailment, contract, lease, permit or
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`9 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`
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`warranty was oral or in writing;
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`(b)
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`If oral:
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`(i)
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`On what date was said agreement, bailment, contract, lease,
`permit or warranty entered into?
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`(ii) Who acted on behalf of each party to it?
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`(iii)
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`Set forth all of the terms and conditions of the agreement,
`bailment, contract, lease permit or warranty.
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`(c)
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`If in writing, set forth a full, true and complete copy of the
`agreement, bailment, contract, lease, permit or warranty.
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`7.
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`If strict liability is claimed against the answering defendant, state:
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`8.
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`(a)
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`the nature and basis of same; and
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`the manner in which the answering defendant is strictly liable;
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`(b)
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`If a nuisance and/or trespass is claimed,
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`(a)
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`conditions allegedly constituting same;
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`(b)
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`nature of said condition; and
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`(c)
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`length of time it was in existence prior to the date of the
`occurrence.
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`State the manner in which it will be claimed that the answering defendant
`6.
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`breached its agreement, bailment, contract, lease, permit or warranty.
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`If res ipsa loquitor is claimed against the answering defendant, state the nature
`9.
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`and basis of same.
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`If it is claimed that the answering defendant violated any law, ordinance,
`10.
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`regulation, rule or statute, specify the title, chapter and section of the law, ordinance,
`regulation, rule or statute which it is alleged that the answering defendant violated.
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`11. State with respect to each plaintiff:
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`(a)
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`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.
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`10 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
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`(b) Plaintiff's occupation at the time of the occurrence, with a
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`description of plaintiff's duties;
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`(c) The name and address of plaintiff's employer at the time of the
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`alleged occurrence.
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`(d)
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`(e)
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`The daily or weekly earnings (gross and net) at the time of the
`occurrence.
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`If plaintiff was self-employed, set forth the business name and
`address of plaintiff and the annual income (gross and net) of
`plaintiff from said business.
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`(f) Whether plaintiff was incapacitated from said employment; if so,
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`the length of time including the specific dates that plaintiff was
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`allegedly incapacitated from attending to said employment.
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`(g)
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`If plaintiff was a student, the name and address of the school
`attended and the dates, if any when plaintiff was absent from
`school.
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`(a)
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`hospital, clinic or other medical institutions expenses;
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`(b)
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`x-rays;
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`(c)
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`physician and other health provider services;
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`(d)
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`nurses' services;
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`(e) medical supplies;
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`12. Set forth the total amounts claimed to have been spent or incurred by or on
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`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:
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`13. Set forth each and every injury and/or condition allegedly sustained by each
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`plaintiff as a result of the said occurrence indicating:
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`(f)
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`loss of earnings and the basis of computation thereof; and
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`(g)
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`amount and nature (describing in detail of any other special
`damages claimed).
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`(a)
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`its nature, extent, location and duration;
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`(b)
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`a complete description of any injury and/or condition claimed to be
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`11 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`
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`residual or permanent; and
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`(c)
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`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.
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`14. Give the length of time and specific dates it is claimed that each plaintiff was
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`confined, by reason of the alleged injuries:
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`15. Pursuant to CPLR 3118 demand is hereby made that you furnish the
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`undersigned with a verified statement setting forth the office address and residence of each
`plaintiff indicating the street and number, City and State.
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`
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`(a)
`(b)
`(c)
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`to bed;
`to house; and
`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.
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`PLEASE TAKE FURTHER NOTICE, that in the event you have no knowledge of
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`any or all of the above, same shall be so stated.
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`PLEASE TAKE FURTHER NOTICE, that these are continuing demands and
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`supplemental responses up to the time the case is placed on the trial calendar are required.
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`PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish
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`such a Bill of Particulars within the said period of thirty (30) days, a motion will be made for
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`an order precluding you from giving any evidence at the trial of the above items for which
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`particulars have not been delivered in accordance with said demand.
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`Dated: April 18, 2024
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`Melville, New York
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`12 of 48
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`

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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
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`
`
`By: ____________________________
` DAVID I. ROBINSON
`Attorneys for Defendant
`20 COMMERCE ASSOCIATES, LLC
`Mailing Address:3
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024037616
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`TO:
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`ROSENBERG & GLUCE, L.L.P.
`Attorney for Plaintiff
`1176 Portion Road
`Holtsville, New York 11742
`(631) 451-7900
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`
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`3 Office Address: 2 Corporate Center Drive, Suite 300, Melville, NY 11747
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`13 of 48
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`

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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`------------------------------------------------------------------X
`EDWARD KOGEL,
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`Plaintiff,
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`-against-
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`20 COMMERCE ASSOCIATES, LLC,
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`Defendant.
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`------------------------------------------------------------------X
`COUNSELORS:
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`
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`Index No.: 602428/2024
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`COMBINED DEMANDS
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`PLEASE TAKE NOTICE, that the undersigned hereby makes the following
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`demands upon you, returnable at the office of the undersigned within (30) days of this
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`Demand.
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`1.
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`2.
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`3.
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`Demand for the Names and Addresses of all Witnesses;
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`Demand for Expert Information;
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`Demand for the Discovery and Inspection of any Statement by or on
`behalf of a Party Represented by the Undersigned;
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`That, in lieu of the foregoing, you may submit readable photocopies of the aforesaid
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`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.
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`4.
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`5.
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`6.
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`7.
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`8.
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`Notice of Discovery and Inspection for Medical Information and
`Authorizations;
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`Notice of Discovery and Inspection of Photographs;
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`Demand for Income Tax Returns.
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`Demand for Collateral Source.
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`Demand for Employment Records.
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`14 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
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`DEMAND FOR THE NAMES AND ADDRESS OF WITNESSES
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`The occurrence alleged in the Complaint; or
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`Any acts, omissions or conditions which allegedly caused the occurrence
`alleged in the Complaint; or
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`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
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`The nature and duration of any alleged condition which allegedly caused
`the occurrence alleged in the Complaint.
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`(a)
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`(b)
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`(c)
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`(d)
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`PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands,
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`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;
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`If no such witnesses are known to you, so state in the sworn reply to this Demand.
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`The undersigned will object upon trial to the testimony of any witnesses not so identified.
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`DEMAND FOR EXPERT INFORMATION
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`PLEASE TAKE FURTHER NOTICE, that the undersigned hereby demands,
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`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:
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`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 witness not so identified.
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`
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`(a)
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`(b)
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`(c)
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`(d)
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`The name and business affiliation of each expert witness each party will
`call to testify at trial or whose opinion will be relied upon by any witness
`testifying at trial and the qualifications of each such expert in the field in
`which he will be offered to testify.
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`The substance of the facts and opinions on which each expert is expected
`to testify.
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`Each factual basis for said expert's opinion.
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`The dates of all oral and written reports provided by each expert.
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`15 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
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`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
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`DEMAND FOR THE DISCOVERY AND INSPECTION
`OF ANY STATEMENT BY OR ON BEHALF OF A
`PARTY REPRESENTED BY THE UNDERSIGNED
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`PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf of
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`the party it represents in this action, that pursuant to CPLR 3101(e) and 3120, you produce
`at the time and place herein specified, and permit the undersigned to discover, inspect and
`copy each and every statement made by or taken from such party and its agents, servants or
`employees now in your possession, custody or control or in the possession, custody or control
`of any party you represent in this action, if such statement in any manner bears on the issues
`in this action.
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`NOTICE FOR DISCOVERY AND INSPECTION
`FOR MEDICAL INFORMATION, ETC.
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`PLEASE TAKE FURTHER NOTICE, that pursuant Section 164.508 of the
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`Federally mandated Health Insurance Portability and Accountability Act of 1996, (HIPAA),
`which became effective on April 14, 2003, all authorizations must be HIPAA compliant.
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`We hereby demand that you produce any and all HIPAA compliant authorizations
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`(form provided) in addition to the authorizations demanded below.
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`PLEASE TAKE FURTHER NOTICE, that pursuant to Section 3101, et seq.
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`(including Rule 3120) of the Civil Practice Law and Rules, you are required to produce and
`allow discovery to be made by this answering party of the following:
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`(a)
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`(b)
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`Copies of the medical reports of those physicians or other health providers
`who have previously treated, consulted or examined the party seeking
`recovery and who will testify in its behalf for any condition caused by or
`exacerbated by the occurrence alleged in the complaint. These shall
`include but not be limited to a detailed recital of the injuries and
`conditions as to which testimony will be offered at the trial of this action
`referring to and identifying those x-ray and technicians' reports which
`shall be offered at the trial of this action and the date of each such
`treatment, consultation and examination.
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`Duly executed and acknowledged written authorizations permitting this
`party to obtain and make copies of all hospital or other health care facility
`records including x-rays and technicians' reports as may be referred to and
`identified in the reports of that party's physicians and other health care
`providers, along with the complete billing records of such provider(s) that
`pertain to the diagnosis, care, evaluation and treatment of the plaintiff.
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`(c)
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`Any and all other medical data (including CAT scans, MRI's, EEG's,
`EKG's, and other diagnostic tests) not hereinabove specifically referred to
`upon which you will rely upon or offer for consideration in the
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`16 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
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`proceeding, along with the complete billing records of such provider(s) that
`pertain to the diagnosis, care, evaluation and treatment of the plaintiff.
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`(d)
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`(e)
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`(f)
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`(g)
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`Any and all bills, invoices or receipts for treatment, medicines or
`appliances given for injuries or other physical conditions resulting from
`the occurrence referred to in the Complaint.
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`Fully executed and acknowledged written authorizations to obtain and
`copy No-Fault medical and wage records of each plaintiff from the date of
`the occurrence alleged in the Complaint to present setting forth the name,
`address, claim number and policy number for each company to which
`a claim has been made.
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`Fully executed and acknowledged written authorizations to obtain and
`copy Worker's Compensation records of each plaintiff from the date of the
`occurrence alleged in the complaint to present setting forth the name,
`address, claim number and policy number for each company to which
`a claim has been made.
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`Fully executed and acknowledged written authorizations to obtain records
`of disability benefits pursuant to Social Security Laws of each plaintiff
`from the date of the occurrence alleged in the Complaint to present setting
`forth the name, address, claim number and policy number for each
`company to which a claim has been made.
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`DEMAND FOR DISCOVERY AND INSPECTION OF PHOTOGRAPHS
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`PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of
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`the party it represents in this action, that pursuant to Section 3101 et seq., you produce at the
`time and place herein specified and permit the undersigned to discover, inspect and copy any
`and all photographs taken of the alleged scene or place of the occurrence and/or vehicles
`involved and complained of which are now in your possession, custody and control, or in the
`possession, custody and control of any party you represent in this action, if such photograph
`in any manner bears upon the issues in this action.
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`
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`DEMAND FOR INCOME TAX RETURNS
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`PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of
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`the party it represents in this action that you produce at the time and place herein specified
`and permit the undersigned to discover, inspect and copy the complete Income Tax returns
`for each party who is claiming or has claimed reimbursement for lost income due to the
`occurrence alleged in the Complaint for a three (3) year period preceding the date of the
`occurrence as alleged in the complaint. If said complete returns are not available, the
`undersigned is to be furnished with full and complete authorizations to obtain same in a form
`accepted by the United States Department of Internal Revenue.
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`17 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
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`RECEIVED NYSCEF: 04/18/2024
`
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`PLEASE TAKE FURTHER NOTICE, that all of the foregoing are continuing
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`demands and that if any of the above items are obtained after the date of this Demand, they
`are to be furnished to the attorney for this party, pursuant to these demands.
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`DEMAND FOR COLLATERAL SOURCE
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`PLEASE TAKE NOTICE, that defendant requires that plaintiff produce for
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`discovery, inspection and copying to undersigned counsel the following:
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`(a) Any and all books, records, bills, insurance applications, insurance
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`receipts, cancelled checks, copies of checks and any and all other
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`records pertaining to collateral source reimbursement received by
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`plaintiff or on behalf of plaintiff for the special damages alleged in the
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`instant claim including, but not limited to, records of any person,
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`institution, facility or government agency which has provided or will
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`provide any reimbursement.
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`REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF
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`
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`PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of
`the party it represents in this action that you provide legible copies of all documents related
`to the above interrogatory.
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`PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of
`the party it represents in this action that you provide legible 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.
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`DEMAND FOR EMPLOYMENT RECORDS
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`PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of
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`the party it represents in this action fully executed and acknowledged written authorizations
`to obtain complete employment records for each party who is claiming or has claimed lost
`income and/or lost time from work due to the occurrence alleged in the Complaint for a three
`(3) year period preceding the date of the occurrence to the present date as alleged in the
`complaint.
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`18 of 48
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`FILED: SUFFOLK COUNTY CLERK 04/18/2024 10:01 AM
`NYSCEF DOC. NO. 4
`
`INDEX NO. 602428/2024
`
`RECEIVED NYSCEF: 04/18/2024
`
`
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`PLEASE TAKE FURTHER NOTICE, that in the event any of the requested
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`documents and/or items do not exist, a verified statement to that effect is to be served on the
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`undersigned on or before the aforesaid return date.
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`PLEASE TAKE FURTHER NOTICE, that this is a continuing demand notice and
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`in the event any of the requested documents and/or items are obtained after the aforesaid
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`return date, same are to be furnished to the undersigned within thirty (30) days after receipt.
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`
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`PLEASE TAKE FURTHER NOTICE, that upon the failure to produce the requested
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`documents and/or items on the date and at the time and place demanded, a Motion will be
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`made for the appropriate relief.
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`Dated: April 18, 2024
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`Melville, New York
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`Yours, etc.
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`LAW OFFICE OF ERIC D. FELDMAN
`
`
`
`By: ____________________________
` DAVID I. ROBINSON
`Attorneys for Defendant
`20 COMMERCE ASSOCIATES, LLC
`Mailing Address:4
`P.O. Box 2903
`Hartford, CT 06104-2903
`(631) 501-3100
`Matter No.: 2024037616
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`TO:
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`ROSENBERG & GLUCE, L.L.P.
`Attorney for Plaintiff
`1176 Portion Road
`Holtsville, New York 1