FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
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`SUPREME COURT: STATE OF NEW YORK
`COUNTY OF SUFFOLK
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`ERICA AYALA,
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`Plaintiff,
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`-against-
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`ROBERT BAUTISTA MENDOZA,
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`INDEX NO. 628210/2023
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`RECEIVED NYSCEF: 06/25/2024
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`RESPONSE TO
`COMBINED DEMANDS
`AND PRELIMINARY
`CONFERENCE ORDER
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`Index No: 628210/2023
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`Defendant.
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`================================
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`Defendant, ROBERT BAUTISTA MENDOZA, by his attorneys MARTYN, SMITH, MURRAY &
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`YONG, ESQS. as and for a Combined Response to plaintiff’s Combined Demands, dated February 27, 2024, and
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`the ADR Preliminary Stipulation and Order of the Hon. Thomas Whelan, dated April 24, 2024, sets forth the
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`following upon information and belief:
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`1.
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`American States Insurance Company has advised us that at the time of the alleged occurrence
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`defendant was insured under policy number K3828335. Said policy of insurance provides for a coverage of
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`$50,000 per person and $100,000 per occurrence for bodily injury. A copy of the Policy Declarations is annexed
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`hereto. There is no known excess coverage applicable to this loss.
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`2.
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`Annexed hereto is a color copy of one photograph of the defendant’s vehicle. The undersigned is
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`not in possession of any additional photographs of the scene of the alleged occurrence, or the vehicles involved,
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`other than what has been exchanged to date by plaintiff’s counsel. Additionally, the undersigned is not in
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`possession of any surveillance materials of the plaintiff or dash cam videos of the occurrence.
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`3.
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`The undersigned is presently not in possession of any accident reports prepared in the regular
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`course of business.
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`4.
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`Other than the operators and occupants of the vehicles involved, the undersigned is presently
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`unaware of the identity of any witnesses to the alleged occurrence.
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`5.
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`We have not retained the services of an expert witness at this time. Without limiting the foregoing,
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`we reserve the right to do so at a later date.
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`FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 628210/2023
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`RECEIVED NYSCEF: 06/25/2024
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`6.
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`The undersigned is presently not in possession of any adverse party statements.
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`The undersigned objects to this demand as it seeks to shift plaintiff’s burden of proof.
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`Defendant is not in possession of any surveillance of the Plaintiff.
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`MV-104s are a matter of public record and may be obtained from the Department of Motor
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`7.
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`8.
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`9.
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`Vehicles.
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`10-11. The undersigned objects to this demand as overly invasive and unlikely to lead to the discovery of
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`relevant material. Furthermore, the defendant is not alleging any mechanical difficulties played a role in the
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`subject accident. Without waiver of objection, the undersigned is not in possession of any repair records for
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`defendant’s vehicle as a result of the subject occurrence.
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`Not Applicable.
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`Palpably improper. There has been no foundation laid for the production of defendant’s cell phone
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`12.
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`13.
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`records.
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`14-15. Not Applicable. There was no damage to the defendant’s vehicle as a result of the subject
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`occurrence and a collision claim was not filed.
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`15.
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`Annexed hereto is a color copy of one photograph of the defendant’s vehicle. The undersigned is
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`not in possession of any repair records for the defendant’s vehicle as a result of the subject occurrence.
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`The undersigned reserves the right to supplement and/or amend this response upon obtaining any
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`additional documents or information.
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`DATED:
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`Hauppauge, New York
`June 24, 2024
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`Kelly A. Green
`MARTYN, SMITH, MURRAY &
`YONG, ESQS.
`Attorneys for Defendant,
`ROBERT BAUTISTA MENDOZA
`Physical Address
`102 Motor Parkway, Suite 230
`Hauppauge, NY 11788
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`FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 628210/2023
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`RECEIVED NYSCEF: 06/25/2024
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`Mailing Address
`P.O. Box 6835
`Scranton, PA 18505-6835
`(516) 739-0000
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`TO: MICHAEL S. LANGELLA, P.C.
`Attorney(s) for Plaintiff
`ERICA AYALA
`350 Motor Parkway, Suite 311
`Hauppauge, NY 11788
`(631) 348-9800
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`FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
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`INDEX NO. 628210/2023
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`RECEIVED NYSCEF: 06/25/2024
`POLICY NUMBER: K5828555
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`InSUrance
`useny suiuaicompany
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`AMERICANSTATESINSURANCECOMPANY
`AUTOMOBILEPOLICY DECLARATIONS
`TIER: 112133253149135
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`NAMEDINSURED:
`ROBERTOBAUTISTA-MENDOZA
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`AGENT:
`.
`...
`COTTENCOVERAGEINS ABEY(E
`PO BOX 557
`FARMINGVILLE
`11738-0557
`N
`
`POLICYCHANGE
`CHANGEDEFFECTIVE:MAR. 30 2022
`POLICYPERIODFROM: MAR.
`9 2022
`SEPT 9 2022
`TO:
`at12:01A.M.standardtimeat
`theaddressoftheinsuredas
`statedherein.
`AGENTTELEPHONE:
`(631)
`698-4776
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`co
`
`O
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`a
`co
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`O
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`,,a
`31
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`ROBERTOBAUTISTA-MENDOZA
`
`ALL DRIVERS
`IN HOUSEHOLD
`ROBERTOBAUTI A-ME OZA
`RATED DRIVERS
`2013 CHEVROLET EXPRESSG5500
`DOORVAN
`I
`LOSS PAYEE
`TEACHERSFCU
`for
`Insurance
`is afforded
`only
`premium charges
`are indicated.
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`the coverages
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`for which limits
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`IDS 1GAZG1FGXD1119728
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`of
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`liability
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`or
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`$
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`$50,000
`Each Person
`$100,000
`Each Occurrence
`$50,000
`Each Occurrence
`$5,000
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`.
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`$50,000
`Each Person
`Less $200 Deductible
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`LIABILITY:
`BODILY INJURY
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`PROPERTYDAMAGE
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`MEDICAL PAYMENTS
`MANDATORYPERSONALINJURY PROTECTION
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`ADDITIONAL PERSONALINJURY PROTECTION
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`OPTIONAL BASIC ECONOMICLOSS
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`AGGREGATENO-FAULT BENEFITSAVAILABLE
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`MAXIMUMMONTHLYHORK LOSS
`OTHERNECESSARYEXP.
`(PER DAY)
`DEATH BENEFIT
`SUPPLEMENTARYUNINSURED/UNDERINSUREDMOTORISTS:
`BODILY INJURY
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`COMPREHENSIVE
`
`$50,000
`Each Person
`$25,000
`Each Person
`
`$
`
`$125,000
`$4,000
`50
`$
`$2,000
`
`$50,000
`Each Person
`$100,000
`Each Accident
`Actual Cash Value
`Less $1000 Deductible
`Full
`Safety Glass
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`-CONTINUED-
`P O BOX 704000, SALT LAKE CITY, UT 84170
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`SA-1697/EP9/90
`G15
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`Page 1 of
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`DATE PREPARED: APR.
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`3 2022
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`FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
`SafeBInsurance,
`AUberty Mumal Conpany
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`INDEX NO. 628210/2023
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`RECEIVED NYSCEF: 06/25/2024
`POLICY NUMBER: K3828335
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`AMERICAN STATES INSURANCE COMPANY
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`AUTOMOBILE POLICY DECLARATIONS
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`(CONTINUED)
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`COVERAGES
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`COLLISION
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`ADDITIONAL COVERAGES:
`LOSS OF USE
`LAW ENFORCEMENT FEE
`ROADSIDE ASSISTANCE PACKAGE
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`ENHANCED COVERAGE LEVEL
`SUPPLEMENTAL SPOUSAL LIABILITY
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`2013 CHEV LIMITS
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`PREMIUMS
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`Actual Cash Value
`Less $1000 Deductible
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`$50 Per Day/$1500 Max $
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`INCLUDED
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`PREMIUM
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`TOTAL
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`-
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`$
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`PREMIUM SUMMARY
`VEHICLE COVERAGES
`DISCOUNTS & SAFECO SAFETY REWARDS
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`Included
`----------
`TOTAL 6 MONTH PREMIUM ................................................... $
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`You saved
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`The maximum amount payable under Supplementary Uninsured Motorist (SUM) Coverage
`shall be the policy's Supplementary Uninsured Motorist limits reduced and offset by
`motor vehicle bodily injury liability insurance policy or bond payments received
`from, or on behalf of, any negligent party involved in the accident, as specified in
`the SUM endorsement.
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`You may pay your premium in full or in installments. There is no installment fee
`for the following billing plans: Full Pay. Installment fees for all other billing
`plans are listed below. If more than one policy is billed on the installment bill,
`only the highest fee is charged. The fee is:
`per installment for recurring automatic deduction (EFT)
`per installment for recurring credit card or debit card
`per installment for all other payment methods
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`598
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`BY QUALIFYING FOR THE FOLLOWING DISCOUNTS:
`YOU SAVED
`Anti-Lock Brakes
`Anti-Theft 15%
`Accident Prevention Course
`Accident Free
`Violation Free
`Both Side Air Bag
`Preferred Payment Method
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`Please see Supplemental Declarations Page for Discounts and Surcharges.
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`SA-1698/EP 9/90
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`G6
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`5 of 8
`Page 2 of 2
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`INDEX NO. 628210/2023
`b FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
`RECEIVED NYSCEF: 06/25/2024
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`6 of 8
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`FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
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`Defense #: 384217600
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`L 78 R5
`_________________________________________________________________________________________
`STATE OF NEW YORK: COUNTY OF SUFFOLK
`:SS.:
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`INDEX NO. 628210/2023
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`RECEIVED NYSCEF: 06/25/2024
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`ATTORNEY FOR
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`PLAINTIFF
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` affirm this the 25th day of June, 2024 under the penalties of perjury under the laws of New York, which may include a
`fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding
`in a court of law. That she is over the age of 18 years and a clerk in the office of MARTYN, SMITH, MURRAY & YONG, ESQS.. the
`attorneys for ROBERT BAUTISTA MENDOZA defendant herein; I served the annexed RESPONSE TO COMBINED DEMANDS AND
`PRELIMINARY CONFERENCE ORDER upon undersigned attorneys by EFILE.
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`NAME AND ADDRESS
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`The Law Office of Michael S. Langella, P.C.
`350 Motor Parkway Suite 311
`Hauppauge, NY 11788
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`
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`Attorney Certification:
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`Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies
`that, upon information and belief, and after reasonable inquiry, the contentions contained in the annexed document(s) are
`not frivolous.
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`Kelly A. Green
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`FRANCES CONNELLY
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`7 of 8
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`FILED: SUFFOLK COUNTY CLERK 06/25/2024 09:38 AM
`NYSCEF DOC. NO. 9
`
`
`INDEX NO. 628210/2023
`
`RECEIVED NYSCEF: 06/25/2024
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`Index No. 628210/23E
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
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`
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`ERICA AYALA,
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` Plaintiff,
`
` -against-
`
`ROBERT BAUTISTA MENDOZA,
`
` Defendant.
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`
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`RESPONSE TO COMBINED DEMANDS AND
`PRELIMINARY CONFERENCE ORDER
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` MARTYN, SMITH, MURRAY & YONG, ESQS.
` Attorneys for Defendant
` Office and P.O. Address
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`P.O. Box 6835
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`Scranton, PA 18505-6835
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`516-739-0000 Fax 800-283-7889
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