Preview
FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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VINCENT CESTONE, Index No.: 157127/2019
Plaintiff,
-against- DEMAND FOR
AUTHORIZATIONS
SOHO AOA OWNER, LLC, OSS 2016 LLC, JAND, INC. d/b/a
WARBY PARKER, HORIZON RETAIL CONSTRUCTION,
INC. and 3R PAINTING & CONTRACTING, INC.,
Defendants.
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SOHO AOA OWNER, LLC, OSS 2016 LLC and HORIZON
RETAIL CONSTRUCTION, INC.
Third Party Plaintiff, Third-Party Index # 595041/2020
-against-
CERTIFIED DRYWALL, INC.,
Third Party Defendant,
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JAND, INC. d/b/a WARBY PARKER,
Second Third Party Plaintiff,
-against-
Second Third-Party
CERTIFIED DRYWALL, INC., Index # 595861/2020
Second Third Party Defendant.
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SOHO AOA OWNER, LLC, OSS 2016 LLC, HORIZON
RETAIL CONSTRUCTION, INC. and JAND, INC. d/b/a
WARBY PARKER,
Third Third-Party Plaintiffs,
-against- Third Third-Party
Index #: 595182/2021
3R PAINTING & CONTRACTING, INC.,
Third Third-Party Defendant.
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FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3121, you are hereby
required to forward to CARTAFALSA, TURPIN & LENOFF, 4 World Trade Center, 150
Greenwich Street – 52nd Floor, New York, New York 10007, attorney for the defendants/third
party plaintiffs/third third-party plaintiffs SOHO AOA OWNER, LLC, OSS 2016 LLC, and
HORIZON RETAIL CONSTRUCTION, INC. and defendant/second third party plaintiff and
third third-party plaintiff JAND, INC. d/b/a WARBY PARKER, within thirty (30) days of the
date hereof, the following documents:
1. Duly executed and acknowledge unrestricted written authorizations permitting
the above mention parties to obtain photostatic copies of all complete records for
the claimant, including the billing records.
a. Allan Rothpearl
b. Nicoletta Pallotta
c. Suzy Bibaway
d. Billy Geris
e. Jerel Chacko
f. Jeffrey Tambor
g. Primary Care Provider
h. Craig Snyder Physical Therapy
i. Brooklyn Premier Orthopedics
j. Donald Heitman
k. Spine and Pain Institute of New York
l. Zoya Koroleva
m. Health Aid Pharmacy II
n. Accu Reference Medical Lab
o. S&M Pharmacy, Inc.
p. Reborn for New Life LLC
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FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021
2. Duly executed and acknowledge unrestricted written authorization for W-2’s for
years 2016, 2017 and 2018.
3. Duly executed and acknowledge unrestricted written authorization Social
Security Disability (as well as a copy of the application submitted and the medical
documentation that accompanied the application).
PLEASE TAKE FURTHER NOTICE, that said authorizations comply with and are to
be completed in accordance with the requirements of the Health Insurance Portability and
Accountability Act (HIPAA) and pursuant to Arons v. Jutkowitz, 9 N.Y.3d 393, 850 N.Y.S. 2d
345 (2007), if applicable, with paragraph nine fully initialed, and to be into effect for the
duration of the litigation. All authorizations are to include complete addresses and should be for
all records relating to the plaintiff without limitations including the full names and addresses of
the persons and/or entities referred to, as well as the exact dates of admissions, treatment,
attendance, or other relevant dates, where applicable. Additionally, please provide identifying
information necessary to acquire records including hospital identification number, Social
Security number of plaintiff, Blue Cross/Blue Shield identifying number, if different from Social
Security number; full name and address of employer, dates of employment, full name and
address of pharmacy and prescription numbers.
PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand
within thirty (30) days from the date herein, will result, inter alia, in a motion to preclude any
evidence or testimony regarding the plaintiff s mental or physical condition at the trial of this
action.
Dated: New York, New York
June 21, 2021
Yours etc.
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FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019
NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021
CARTAFALSA, TURPIN & LENOFF
By: ____________________________
ANTHONY ORCEL
Attorneys for Defendants/Third Party
Plaintiffs/Third Third-Party Plaintiffs
SOHO AOA OWNER, LLC, OSS 2016 LLC, and
HORIZON RETAIL CONSTRUCTION, INC. and
Defendant/Second Third Party Plaintiff and Third
Third-Party Plaintiff
JAND, INC. d/b/a WARBY PARKER
4 World Trade Center
150 Greenwich Street, 52nd Floor
New York, New York 10007
(212) 225-7700
File No.: 468590
TO: THE ORLOW FIRM
Attorney for Plaintiffs
71-18 Main Street
Flushing, New York 11367
(718) 544-4100
ALAHVERDIAN VAN LEUVAN
Attorney for Third-Party Defendant/
Second Third-Party Defendant
CERTIFIED DRYWALL INC
295 Broadway, 1st Floor
Bethpage, New York 11714
(516) 490-3559
3R PAINTING & CONTRACTING INC
122 Drummond Avenue
Neptune, NJ 07753
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Preview
FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------X VINCENT CESTONE, Index No.: 157127/2019 Plaintiff, -against- DEMAND FOR AUTHORIZATIONS SOHO AOA OWNER, LLC, OSS 2016 LLC, JAND, INC. d/b/a WARBY PARKER, HORIZON RETAIL CONSTRUCTION, INC. and 3R PAINTING & CONTRACTING, INC., Defendants. -----------------------------------------------------------------------X SOHO AOA OWNER, LLC, OSS 2016 LLC and HORIZON RETAIL CONSTRUCTION, INC. Third Party Plaintiff, Third-Party Index # 595041/2020 -against- CERTIFIED DRYWALL, INC., Third Party Defendant, -------------------------------------------------------------------------X JAND, INC. d/b/a WARBY PARKER, Second Third Party Plaintiff, -against- Second Third-Party CERTIFIED DRYWALL, INC., Index # 595861/2020 Second Third Party Defendant. -----------------------------------------------------------------------X SOHO AOA OWNER, LLC, OSS 2016 LLC, HORIZON RETAIL CONSTRUCTION, INC. and JAND, INC. d/b/a WARBY PARKER, Third Third-Party Plaintiffs, -against- Third Third-Party Index #: 595182/2021 3R PAINTING & CONTRACTING, INC., Third Third-Party Defendant. -----------------------------------------------------------------------X 1 of 4 FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021 PLEASE TAKE NOTICE, that pursuant to CPLR 3101 and 3121, you are hereby required to forward to CARTAFALSA, TURPIN & LENOFF, 4 World Trade Center, 150 Greenwich Street – 52nd Floor, New York, New York 10007, attorney for the defendants/third party plaintiffs/third third-party plaintiffs SOHO AOA OWNER, LLC, OSS 2016 LLC, and HORIZON RETAIL CONSTRUCTION, INC. and defendant/second third party plaintiff and third third-party plaintiff JAND, INC. d/b/a WARBY PARKER, within thirty (30) days of the date hereof, the following documents: 1. Duly executed and acknowledge unrestricted written authorizations permitting the above mention parties to obtain photostatic copies of all complete records for the claimant, including the billing records. a. Allan Rothpearl b. Nicoletta Pallotta c. Suzy Bibaway d. Billy Geris e. Jerel Chacko f. Jeffrey Tambor g. Primary Care Provider h. Craig Snyder Physical Therapy i. Brooklyn Premier Orthopedics j. Donald Heitman k. Spine and Pain Institute of New York l. Zoya Koroleva m. Health Aid Pharmacy II n. Accu Reference Medical Lab o. S&M Pharmacy, Inc. p. Reborn for New Life LLC 2 of 4 FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021 2. Duly executed and acknowledge unrestricted written authorization for W-2’s for years 2016, 2017 and 2018. 3. Duly executed and acknowledge unrestricted written authorization Social Security Disability (as well as a copy of the application submitted and the medical documentation that accompanied the application). PLEASE TAKE FURTHER NOTICE, that said authorizations comply with and are to be completed in accordance with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and pursuant to Arons v. Jutkowitz, 9 N.Y.3d 393, 850 N.Y.S. 2d 345 (2007), if applicable, with paragraph nine fully initialed, and to be into effect for the duration of the litigation. All authorizations are to include complete addresses and should be for all records relating to the plaintiff without limitations including the full names and addresses of the persons and/or entities referred to, as well as the exact dates of admissions, treatment, attendance, or other relevant dates, where applicable. Additionally, please provide identifying information necessary to acquire records including hospital identification number, Social Security number of plaintiff, Blue Cross/Blue Shield identifying number, if different from Social Security number; full name and address of employer, dates of employment, full name and address of pharmacy and prescription numbers. PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand within thirty (30) days from the date herein, will result, inter alia, in a motion to preclude any evidence or testimony regarding the plaintiff s mental or physical condition at the trial of this action. Dated: New York, New York June 21, 2021 Yours etc. 3 of 4 FILED: NEW YORK COUNTY CLERK 06/22/2021 09:53 AM INDEX NO. 157127/2019 NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/22/2021 CARTAFALSA, TURPIN & LENOFF By: ____________________________ ANTHONY ORCEL Attorneys for Defendants/Third Party Plaintiffs/Third Third-Party Plaintiffs SOHO AOA OWNER, LLC, OSS 2016 LLC, and HORIZON RETAIL CONSTRUCTION, INC. and Defendant/Second Third Party Plaintiff and Third Third-Party Plaintiff JAND, INC. d/b/a WARBY PARKER 4 World Trade Center 150 Greenwich Street, 52nd Floor New York, New York 10007 (212) 225-7700 File No.: 468590 TO: THE ORLOW FIRM Attorney for Plaintiffs 71-18 Main Street Flushing, New York 11367 (718) 544-4100 ALAHVERDIAN VAN LEUVAN Attorney for Third-Party Defendant/ Second Third-Party Defendant CERTIFIED DRYWALL INC 295 Broadway, 1st Floor Bethpage, New York 11714 (516) 490-3559 3R PAINTING & CONTRACTING INC 122 Drummond Avenue Neptune, NJ 07753 4 of 4