Preview
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- DEMAND FOR VERIFIED
BILL OF PARTICULARS
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that demand is hereby made that you serve a Verified Bill of
Particulars upon the undersigned as to the following matters with respect to the cause of action of
Plaintiff herein, within twenty days after the service of this Demand:
1. The age, social security number, date of birth and residence of Plaintiff.
1a. State whether Plaintiff is known by any other names, and if so, state same.
1b. State Plaintiff's residence address(es) for the past five (5) years.
2. The date and time of the occurrence complained of.
3. The specific location of the occurrence, whether within or upon premises indicating the
precise location thereof from a fixed point or place within or upon the aforesaid premises
indicating;
a) If upon premises, the address thereof;
b) If upon a stairway, the location thereof, the specific step involved and condition
thereof;
c) If upon a roadway, in front, the distance from.
d) If in an apartment, designate the room or rooms where said occurrence is alleged to
1 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
have occurred, specifically stating the place from a measured point where said incident is
said to have occurred.
4. The defect or condition causing the alleged occurrence.
5. The acts or omissions constituting the negligence claimed.
6. The manner in which the accident occurred.
7. Whether the answering Defendant had actual and/or constructive notice:
a) If such notice was actual, to whom, by whom, when and where same was given.
b) If constructive notice, the length of time the condition existed.
8. If it is claimed that negligent repairs were made, when, where and by which person and in
what respects the repairs were negligently made.
9. The specific statutes, ordinances, rules, regulations and laws claimed to have been violated
by answering Defendant.
10. The injuries sustained and conditions resulting therefrom; the injuries and conditions
claimed to be permanent and the duration of those claimed not to be permanent.
11. The length of time, giving dates, confined:
a) to hospitals, giving the names and locations,
b) to bed, other than in hospitals, and
c) to home.
12. State the following information, whether or not a claim for lost income is being made:
a) The vocation of Plaintiff at the time of the occurrence;
b) the name and address of the employer;
c) the period of time lost from work, giving dates;
d) the average weekly income at the time of occurrence; and
2 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
e) the total income claimed lost by reason of the occurrence.
13. The actual not estimated expenses incurred for:
a) hospitals;
b) doctors;
c) medicines;
d) appliances;
e) services; and
f) miscellaneous.
14. If any of the injuries claimed by the Plaintiff are aggravations of pre-existing illnesses or
injuries, then set forth an itemized and detailed statement regarding the following data:
a) The extent of the aggravation thereof alleged to have been caused by this incident.
b) A statement setting forth in detail any information regarding any such illnesses or
injuries which may have been incurred by the Plaintiff during a ten year period
previous to the incident in question.
c) A statement setting forth in detail the treatment for any such prior injury or illness.
d) An itemized and detailed statement setting forth any illnesses or injuries which may
have been incurred by the Plaintiff subsequent to the accident in question, together
with a description of the treatment therefor and the progress to date.
15. State precisely the negligent acts of the answering Defendant.
PLEASE TAKE NOTICE that all demands herein are continuing demands and the
undersigned will object to the introduction into evidence of any item or testimony for which there
has been no compliance.
Dated: New York, New York
June 9, 2022
3 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
4 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- NOTICE TO TAKE
DEPOSITION UPON
ORAL EXAMINATION
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
the testimony, upon oral examination of PLAINTIFF herein, as an adverse party will be taken
before a Notary Public who is not an attorney, or employee of an attorney, for any party or
prospective party herein and is not a person who would be disqualified to act as a juror because of
interest or because of consanguinity or affinity to any party herein, at:
MOLOD SPITZ & DeSANTIS, P.C.
1430 Broadway, 21st Floor
New York, New York 10018
on August 29, 2022 at 10:00 o'clock in the forenoon of that day with respect to evidence material
and necessary in the prosecution/defense of this action:
That the said person to be examined is required to produce at such examination the
following:
All books, documents and papers relative to the within occurrence.
5 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
Dated: New York, New York
June 9, 2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
6 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- NOTICE FOR
DISCOVERY
AND INSPECTION
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the Plaintiff herein, pursuant to Section 3101 et seq., and
Rule 3120, CPLR, is required to produce and allow discovery, inspection, and copying to be made
by the answering Defendant and its attorneys of the following items, writings and objects
maintained, controlled or supervised by the Plaintiff, its agents, servants and/or employees. In lieu
of strict compliance with the terms and conditions of this Notice, the undersigned will accept
clearly legible photocopies of the said items if received by the undersigned five days prior to the
return date, together with a letter from Plaintiff's attorneys advising as to the completeness of the
items provided.
DISCOVERY AT: Office of MOLOD SPITZ & DeSANTIS, P.C.
1430 Broadway, 21st Floor
New York, NY 10018
at two o'clock in the afternoon on July 5, 2022.
ITEMS TO BE PRODUCED RELATING TO THE ACCIDENT/INCIDENT AS COMPLAINED
HEREIN:
a) Any and all statements, abstracts or recordings and/or writings taken by the Plaintiff
individually or by the Plaintiff’s attorneys and/or agents from the said Defendant with
7 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
reference to the within litigation which are presently in the possession of the Plaintiff, her
agents or attorneys or come into their possession from whatever source. CPLR 3101(e).
b) Color laser copies of photographs showing extent of damage, if any, following the
accident/incident.
c) Color laser copies of photographs under the control of the Plaintiff or Plaintiff’s attorneys,
representatives, agents, showing the condition of the scene(s) of which will be alleged to
represent the scene(s) as of the time of accident/incident and intended to be introduced at
the trial for that purpose. O'Connell v. Jones 140 A.D.2d 676 (2nd Dept. 1988).
d) Duplicate originals of any surveillance or video material in the possession of or under the
control of Plaintiff or Plaintiff's attorneys, representatives, agents, showing the extent of
damage and/or condition of the scene(s) or which will be alleged to represent the scene(s)
as of the time of accident/incident and intended to be introduced at the trial for that purpose.
e) A copy of the accident report, loss report, claim report, filled out by the Plaintiff, her agents
and/or employees, following the happening of the accident/incident and taken in the
ordinary course of business and prior to litigation. CPLR 3101(g).
f) If the plaintiff possessed a cellular phone which was on the person of the plaintiff at the
time of the accident, and said telephone(s) was operational on the date of the accident, then
demand is hereby made for the cellular telephone records for the date of the alleged
occurrence.
g) The Social Networking records of Plaintiff.
h) The names and addresses of any witnesses to the within accident/incident obtained by any
adverse party, their attorneys, agents and/or employees. Wolken v. E.W. Howell Co., 41
A.D.2d 545, (2nd Dept 1973).
i) Names and addresses of witnesses whom any party claims are "notice" witnesses to the
condition which is the subject matter of this litigation. Zayas v. Morales, 45 A.D.2d 610.
j) Names and addresses of witnesses whom any party seeks to produce at the time of trial
including but not limited to eyewitnesses, notice witnesses, damage witnesses; family
8 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
members and friends of any party, whose testimony will be sought as proof of any issue or
claim herein.
k) If the Plaintiff possessed or currently possesses a wearable device or activity tracker,
including but not limited to a Fitbit, a Nike Fuel band, and Apple Watch or any other similar
device, then demand is hereby made for a copy of the device’s stored data from plaintiff’s
computer and the user’s wearable fitness device password and log-in credentials, for two
(2) years prior to the date of accident to date and continuing.
l) Copies of the medical reports of those physicians who have previously treated or examined
the party seeking recovery, and who will testify on Plaintiff' behalf. These shall include a
detailed recital of the injuries and conditions as to which testimony will be offered at the
trial, referring to and identifying those X-ray and other technicians' reports which will be
introduced at the trial.
PLEASE TAKE NOTICE that all demands herein are continuing demands and the
undersigned will object to the introduction into evidence of any item or testimony for which there
has been no compliance.
Dated: New York, New York
June 9, 2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
9 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
10 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- DEMAND FOR
PRIOR LAWSUIT
INFORMATION
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to Articles 30 and 31 of the CPLR, the answering
Defendant demand that the Plaintiff provide said Defendant, within twenty (20) days, with the
following information:
a) Identify the case name, index number and venue of any prior lawsuit in which plaintiff
claimed personal injuries.
b) Provide all pleadings, discovery and deposition transcripts and/or other testimony from
any prior lawsuit in which plaintiff claimed personal injuries.
c) Provide a duly executed and properly addressed authorization permitting this firm to
obtain all non-privileged portions of the legal file related to lawsuits identified in
response to section (a) above.
PLEASE TAKE NOTICE that all demands herein are continuing demands and the
undersigned will object to the introduction into evidence of any item or testimony for which there
has been no compliance
Dated: New York, New York
June 9, 2022
11 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
12 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- DEMAND FOR
AUTHORIZATION,
FILING AND POST
OFFICE INFORMATION
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the answering Defendant herein, by its attorneys, MOLOD
SPITZ & DeSANTIS, P.C., demands that plaintiff delivers to them the following duly executed
HIPAA complaint authorizations from ten years prior to the accident through and including the
conclusion of the litigation to obtain:
1) Plaintiff's hospital(s) records in which the Plaintiff is or was confined due to the
accident and/or incident in question; including but not limited to X-rays and diagnostic tests.
2) Plaintiff's medical records from all treating physicians with reference to the
accident and/or incident.
3) Plaintiff's medical records from all treating physicians with reference to plaintiff's
claims of pre-existing injuries and/or condition.
4) All health providers and entities that provided treatment, observation, and/or
therapy to the plaintiff in the ten years prior to the accident and at any time after the accident. This
is a continuing demand.
13 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
5) Unrestricted duly executed HIPAA compliant authorization to obtain plaintiff’s
complete medical records from her primary care physicians for 10 years prior to the
date of accident and continuing;
6) Unrestricted duly executed HIPAA compliant authorization to obtain copies of all
Intake records from her primary care physicians for 10 years prior to the alleged
accident and continuing
7) Plaintiff's pharmaceutical records.
8) The Certified Ambulance Call Report.
9) Duly executed authorizations for the employment records from plaintiff’s employer
for ten years prior, the year of and two years subsequent to the accident, including but not limited
to:
a) Employment - wage income and personnel records;
b) Application(s) for employment; transfers; promotions; wage adjustments;
c) Documents relating to discipline, warnings, reprimands, suspensions or
terminations;
d) Documents relating to training and education;
e) Performance reviews and job evaluations;
f) All attendance and payroll records; and
g) Any and all documents relating to any physical or mental examinations,
disability or workers' compensation claims.
10) Plaintiff's Medicaid records.
11) The complete Workers' Compensation Board's file of the plaintiff, if applicable.
14 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
12) The complete Workers' Compensation CARRIER's file of the plaintiff, if
applicable.
13) Authenticated copies of plaintiff's income tax returns for five years prior to the
incident, the year of the incident and continuing to date.
PLEASE TAKE NOTICE, that the answering Defendant demands that you serve upon the
undersigned a verified statement setting forth the Post Office address and residence of the Plaintiff
in sufficient detail to permit ready location pursuant to CPLR Rule 3118.
PLEASE TAKE FURTHER NOTICE, that the answering Defendant demands a list of the
names and addresses of all persons who have appeared in this action and the names and addresses
of their attorneys.
PLEASE TAKE NOTICE that all demands herein are continuing demands and the
undersigned will object to the introduction into evidence of any item or testimony for which there
has been no compliance.
Dated: New York, New York
June 9, 2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
15 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- DEMAND FOR NOTICE
PRE-SURGERY/
PROCEDURE
INDEPENDENT
MEDICAL
EXAMINATION
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE THAT, in the event plaintiff alleges any need for future medical
procedures or surgeries, or in the event plaintiff has any scheduled procedures or surgeries at the
time of this demand, or is still undergoing treatment for any alleged personal injury, Defendant
reserve the right to conduct a pre-surgery physical examination of the plaintiff.
Failure to provide Defendant with reasonable and timely notice of any such procedures or
surgeries or failure to submit to the demanded examination prior to undergoing said procedure will
result in an application to the Court pursuant to CPLR §3126 and Mangione v. Jacobs, 121 A.D.3d
953 (2d Dep’t 2014) for spoliation of evidence and sanctions.
This demand or the appearance by plaintiff at any pre-surgery examination shall not be
construed as any waiver of further examinations pursuant to CPLR §3121 or Harris v. Christian
Church of Canarsie, 147 A.D.3d 818 (2d Dep’t 2017).
Defendant reserve(s) the right to serve appropriate notices of physical for appropriate
examination specialists and experts upon receipt of information pertaining to the nature of the
future procedure or surgery and do not waive further examinations by the same specialist or expert
following said procedure and/or convalescence.
16 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
Dated: New York, New York
June 9, 2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
17 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- DEMAND FOR
AUTHORIZATIONS FOR
CELLULAR PHONE AND
SOCIAL NETWORKING
RECORDS
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the answering Defendant herein, by their attorneys, MOLOD
SPITZ & DeSANTIS, P.C., demand that you deliver to them, within twenty days, the following
duly executed authorizations to obtain:
1) Plaintiff’s cellular phone records for the date of accident, including but not limited
to, all calls received, dialed and all text messages; and
2) Plaintiff’s complete social networking records, including but not limited to,
Facebook, Twitter, LinkedIn, Google, Snap Chat and Tik Tok+ and all of the
historical data maintained by said entities.
PLEASE TAKE NOTICE that all demands herein are continuing demands and the
undersigned will object to the introduction into evidence of any item or testimony for which there
has been no compliance.
Dated: New York, New York
June 9, 2022
18 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
19 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- NOTICE TO PRESERVE
SOCIAL NETWORKING
RECORDS
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE that, Defendant herein, hereby demands that any social
networking records including but not limited to profiles, timelines, photographs, messages,
comments, videos, status updates, archives, historical data, “check-ins”, from the date of the
alleged incident and forward as well as prior social networking materials constituting adverse party
statements, admissions, and any other information and documentation pertaining to prior medical
condition, be preserved for future inspection, examination, review and possible presentation to a
Court or jury.
Dated: New York, New York
June 9, 2022
MOLOD SPITZ & DeSANTIS, P.C.
Attorney(s) for Defendant
860 RIVER LLC
1430 Broadway, 21st Floor
New York, NY 10018
Tel: (212) 869-3200
Fax: (212) 869-4242
Our File: PSS-729
Email: aspitz@molodspitz.com
20 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
TO:
Pragati Pandey, Esq.
WILLIAM SCHWITZER & ASSOCIATES, P.C.
Attorney for Plaintiff
820 Second Avenue, 10Th Floor
New York, NY 10017
21 of 42
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------------------------------------------------------------------X
JAZMINE ASHLEY WHITEHURST,
Plaintiff, Index No: 817526/2021E
-against- NOTICE PURSUANT
TO CPLR § 3101(d)
860 RIVER LLC,
Defendant.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d) as amended, the answering
Defendant demand that the Plaintiff provide said Defendant, within twenty (20) days, with the
following information:
l) The name and address of any expert, medical or otherwise, with whom Plaintiff or
Plaintiff's attorneys have co
Preview
FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- DEMAND FOR VERIFIED BILL OF PARTICULARS 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that demand is hereby made that you serve a Verified Bill of Particulars upon the undersigned as to the following matters with respect to the cause of action of Plaintiff herein, within twenty days after the service of this Demand: 1. The age, social security number, date of birth and residence of Plaintiff. 1a. State whether Plaintiff is known by any other names, and if so, state same. 1b. State Plaintiff's residence address(es) for the past five (5) years. 2. The date and time of the occurrence complained of. 3. The specific location of the occurrence, whether within or upon premises indicating the precise location thereof from a fixed point or place within or upon the aforesaid premises indicating; a) If upon premises, the address thereof; b) If upon a stairway, the location thereof, the specific step involved and condition thereof; c) If upon a roadway, in front, the distance from. d) If in an apartment, designate the room or rooms where said occurrence is alleged to 1 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 have occurred, specifically stating the place from a measured point where said incident is said to have occurred. 4. The defect or condition causing the alleged occurrence. 5. The acts or omissions constituting the negligence claimed. 6. The manner in which the accident occurred. 7. Whether the answering Defendant had actual and/or constructive notice: a) If such notice was actual, to whom, by whom, when and where same was given. b) If constructive notice, the length of time the condition existed. 8. If it is claimed that negligent repairs were made, when, where and by which person and in what respects the repairs were negligently made. 9. The specific statutes, ordinances, rules, regulations and laws claimed to have been violated by answering Defendant. 10. The injuries sustained and conditions resulting therefrom; the injuries and conditions claimed to be permanent and the duration of those claimed not to be permanent. 11. The length of time, giving dates, confined: a) to hospitals, giving the names and locations, b) to bed, other than in hospitals, and c) to home. 12. State the following information, whether or not a claim for lost income is being made: a) The vocation of Plaintiff at the time of the occurrence; b) the name and address of the employer; c) the period of time lost from work, giving dates; d) the average weekly income at the time of occurrence; and 2 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 e) the total income claimed lost by reason of the occurrence. 13. The actual not estimated expenses incurred for: a) hospitals; b) doctors; c) medicines; d) appliances; e) services; and f) miscellaneous. 14. If any of the injuries claimed by the Plaintiff are aggravations of pre-existing illnesses or injuries, then set forth an itemized and detailed statement regarding the following data: a) The extent of the aggravation thereof alleged to have been caused by this incident. b) A statement setting forth in detail any information regarding any such illnesses or injuries which may have been incurred by the Plaintiff during a ten year period previous to the incident in question. c) A statement setting forth in detail the treatment for any such prior injury or illness. d) An itemized and detailed statement setting forth any illnesses or injuries which may have been incurred by the Plaintiff subsequent to the accident in question, together with a description of the treatment therefor and the progress to date. 15. State precisely the negligent acts of the answering Defendant. PLEASE TAKE NOTICE that all demands herein are continuing demands and the undersigned will object to the introduction into evidence of any item or testimony for which there has been no compliance. Dated: New York, New York June 9, 2022 3 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 4 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of PLAINTIFF herein, as an adverse party will be taken before a Notary Public who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at: MOLOD SPITZ & DeSANTIS, P.C. 1430 Broadway, 21st Floor New York, New York 10018 on August 29, 2022 at 10:00 o'clock in the forenoon of that day with respect to evidence material and necessary in the prosecution/defense of this action: That the said person to be examined is required to produce at such examination the following: All books, documents and papers relative to the within occurrence. 5 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 Dated: New York, New York June 9, 2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 6 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- NOTICE FOR DISCOVERY AND INSPECTION 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the Plaintiff herein, pursuant to Section 3101 et seq., and Rule 3120, CPLR, is required to produce and allow discovery, inspection, and copying to be made by the answering Defendant and its attorneys of the following items, writings and objects maintained, controlled or supervised by the Plaintiff, its agents, servants and/or employees. In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items if received by the undersigned five days prior to the return date, together with a letter from Plaintiff's attorneys advising as to the completeness of the items provided. DISCOVERY AT: Office of MOLOD SPITZ & DeSANTIS, P.C. 1430 Broadway, 21st Floor New York, NY 10018 at two o'clock in the afternoon on July 5, 2022. ITEMS TO BE PRODUCED RELATING TO THE ACCIDENT/INCIDENT AS COMPLAINED HEREIN: a) Any and all statements, abstracts or recordings and/or writings taken by the Plaintiff individually or by the Plaintiff’s attorneys and/or agents from the said Defendant with 7 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 reference to the within litigation which are presently in the possession of the Plaintiff, her agents or attorneys or come into their possession from whatever source. CPLR 3101(e). b) Color laser copies of photographs showing extent of damage, if any, following the accident/incident. c) Color laser copies of photographs under the control of the Plaintiff or Plaintiff’s attorneys, representatives, agents, showing the condition of the scene(s) of which will be alleged to represent the scene(s) as of the time of accident/incident and intended to be introduced at the trial for that purpose. O'Connell v. Jones 140 A.D.2d 676 (2nd Dept. 1988). d) Duplicate originals of any surveillance or video material in the possession of or under the control of Plaintiff or Plaintiff's attorneys, representatives, agents, showing the extent of damage and/or condition of the scene(s) or which will be alleged to represent the scene(s) as of the time of accident/incident and intended to be introduced at the trial for that purpose. e) A copy of the accident report, loss report, claim report, filled out by the Plaintiff, her agents and/or employees, following the happening of the accident/incident and taken in the ordinary course of business and prior to litigation. CPLR 3101(g). f) If the plaintiff possessed a cellular phone which was on the person of the plaintiff at the time of the accident, and said telephone(s) was operational on the date of the accident, then demand is hereby made for the cellular telephone records for the date of the alleged occurrence. g) The Social Networking records of Plaintiff. h) The names and addresses of any witnesses to the within accident/incident obtained by any adverse party, their attorneys, agents and/or employees. Wolken v. E.W. Howell Co., 41 A.D.2d 545, (2nd Dept 1973). i) Names and addresses of witnesses whom any party claims are "notice" witnesses to the condition which is the subject matter of this litigation. Zayas v. Morales, 45 A.D.2d 610. j) Names and addresses of witnesses whom any party seeks to produce at the time of trial including but not limited to eyewitnesses, notice witnesses, damage witnesses; family 8 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 members and friends of any party, whose testimony will be sought as proof of any issue or claim herein. k) If the Plaintiff possessed or currently possesses a wearable device or activity tracker, including but not limited to a Fitbit, a Nike Fuel band, and Apple Watch or any other similar device, then demand is hereby made for a copy of the device’s stored data from plaintiff’s computer and the user’s wearable fitness device password and log-in credentials, for two (2) years prior to the date of accident to date and continuing. l) Copies of the medical reports of those physicians who have previously treated or examined the party seeking recovery, and who will testify on Plaintiff' behalf. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those X-ray and other technicians' reports which will be introduced at the trial. PLEASE TAKE NOTICE that all demands herein are continuing demands and the undersigned will object to the introduction into evidence of any item or testimony for which there has been no compliance. Dated: New York, New York June 9, 2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com 9 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 10 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- DEMAND FOR PRIOR LAWSUIT INFORMATION 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Articles 30 and 31 of the CPLR, the answering Defendant demand that the Plaintiff provide said Defendant, within twenty (20) days, with the following information: a) Identify the case name, index number and venue of any prior lawsuit in which plaintiff claimed personal injuries. b) Provide all pleadings, discovery and deposition transcripts and/or other testimony from any prior lawsuit in which plaintiff claimed personal injuries. c) Provide a duly executed and properly addressed authorization permitting this firm to obtain all non-privileged portions of the legal file related to lawsuits identified in response to section (a) above. PLEASE TAKE NOTICE that all demands herein are continuing demands and the undersigned will object to the introduction into evidence of any item or testimony for which there has been no compliance Dated: New York, New York June 9, 2022 11 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 12 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- DEMAND FOR AUTHORIZATION, FILING AND POST OFFICE INFORMATION 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the answering Defendant herein, by its attorneys, MOLOD SPITZ & DeSANTIS, P.C., demands that plaintiff delivers to them the following duly executed HIPAA complaint authorizations from ten years prior to the accident through and including the conclusion of the litigation to obtain: 1) Plaintiff's hospital(s) records in which the Plaintiff is or was confined due to the accident and/or incident in question; including but not limited to X-rays and diagnostic tests. 2) Plaintiff's medical records from all treating physicians with reference to the accident and/or incident. 3) Plaintiff's medical records from all treating physicians with reference to plaintiff's claims of pre-existing injuries and/or condition. 4) All health providers and entities that provided treatment, observation, and/or therapy to the plaintiff in the ten years prior to the accident and at any time after the accident. This is a continuing demand. 13 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 5) Unrestricted duly executed HIPAA compliant authorization to obtain plaintiff’s complete medical records from her primary care physicians for 10 years prior to the date of accident and continuing; 6) Unrestricted duly executed HIPAA compliant authorization to obtain copies of all Intake records from her primary care physicians for 10 years prior to the alleged accident and continuing 7) Plaintiff's pharmaceutical records. 8) The Certified Ambulance Call Report. 9) Duly executed authorizations for the employment records from plaintiff’s employer for ten years prior, the year of and two years subsequent to the accident, including but not limited to: a) Employment - wage income and personnel records; b) Application(s) for employment; transfers; promotions; wage adjustments; c) Documents relating to discipline, warnings, reprimands, suspensions or terminations; d) Documents relating to training and education; e) Performance reviews and job evaluations; f) All attendance and payroll records; and g) Any and all documents relating to any physical or mental examinations, disability or workers' compensation claims. 10) Plaintiff's Medicaid records. 11) The complete Workers' Compensation Board's file of the plaintiff, if applicable. 14 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 12) The complete Workers' Compensation CARRIER's file of the plaintiff, if applicable. 13) Authenticated copies of plaintiff's income tax returns for five years prior to the incident, the year of the incident and continuing to date. PLEASE TAKE NOTICE, that the answering Defendant demands that you serve upon the undersigned a verified statement setting forth the Post Office address and residence of the Plaintiff in sufficient detail to permit ready location pursuant to CPLR Rule 3118. PLEASE TAKE FURTHER NOTICE, that the answering Defendant demands a list of the names and addresses of all persons who have appeared in this action and the names and addresses of their attorneys. PLEASE TAKE NOTICE that all demands herein are continuing demands and the undersigned will object to the introduction into evidence of any item or testimony for which there has been no compliance. Dated: New York, New York June 9, 2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 15 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- DEMAND FOR NOTICE PRE-SURGERY/ PROCEDURE INDEPENDENT MEDICAL EXAMINATION 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE THAT, in the event plaintiff alleges any need for future medical procedures or surgeries, or in the event plaintiff has any scheduled procedures or surgeries at the time of this demand, or is still undergoing treatment for any alleged personal injury, Defendant reserve the right to conduct a pre-surgery physical examination of the plaintiff. Failure to provide Defendant with reasonable and timely notice of any such procedures or surgeries or failure to submit to the demanded examination prior to undergoing said procedure will result in an application to the Court pursuant to CPLR §3126 and Mangione v. Jacobs, 121 A.D.3d 953 (2d Dep’t 2014) for spoliation of evidence and sanctions. This demand or the appearance by plaintiff at any pre-surgery examination shall not be construed as any waiver of further examinations pursuant to CPLR §3121 or Harris v. Christian Church of Canarsie, 147 A.D.3d 818 (2d Dep’t 2017). Defendant reserve(s) the right to serve appropriate notices of physical for appropriate examination specialists and experts upon receipt of information pertaining to the nature of the future procedure or surgery and do not waive further examinations by the same specialist or expert following said procedure and/or convalescence. 16 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 Dated: New York, New York June 9, 2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 17 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- DEMAND FOR AUTHORIZATIONS FOR CELLULAR PHONE AND SOCIAL NETWORKING RECORDS 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the answering Defendant herein, by their attorneys, MOLOD SPITZ & DeSANTIS, P.C., demand that you deliver to them, within twenty days, the following duly executed authorizations to obtain: 1) Plaintiff’s cellular phone records for the date of accident, including but not limited to, all calls received, dialed and all text messages; and 2) Plaintiff’s complete social networking records, including but not limited to, Facebook, Twitter, LinkedIn, Google, Snap Chat and Tik Tok+ and all of the historical data maintained by said entities. PLEASE TAKE NOTICE that all demands herein are continuing demands and the undersigned will object to the introduction into evidence of any item or testimony for which there has been no compliance. Dated: New York, New York June 9, 2022 18 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 19 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- NOTICE TO PRESERVE SOCIAL NETWORKING RECORDS 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE that, Defendant herein, hereby demands that any social networking records including but not limited to profiles, timelines, photographs, messages, comments, videos, status updates, archives, historical data, “check-ins”, from the date of the alleged incident and forward as well as prior social networking materials constituting adverse party statements, admissions, and any other information and documentation pertaining to prior medical condition, be preserved for future inspection, examination, review and possible presentation to a Court or jury. Dated: New York, New York June 9, 2022 MOLOD SPITZ & DeSANTIS, P.C. Attorney(s) for Defendant 860 RIVER LLC 1430 Broadway, 21st Floor New York, NY 10018 Tel: (212) 869-3200 Fax: (212) 869-4242 Our File: PSS-729 Email: aspitz@molodspitz.com 20 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 TO: Pragati Pandey, Esq. WILLIAM SCHWITZER & ASSOCIATES, P.C. Attorney for Plaintiff 820 Second Avenue, 10Th Floor New York, NY 10017 21 of 42 FILED: BRONX COUNTY CLERK 06/09/2022 04:46 PM INDEX NO. 817526/2021E NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------------------------------------------------------------------X JAZMINE ASHLEY WHITEHURST, Plaintiff, Index No: 817526/2021E -against- NOTICE PURSUANT TO CPLR § 3101(d) 860 RIVER LLC, Defendant. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d) as amended, the answering Defendant demand that the Plaintiff provide said Defendant, within twenty (20) days, with the following information: l) The name and address of any expert, medical or otherwise, with whom Plaintiff or Plaintiff's attorneys have co