Preview
FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022
22-SAH-226 MQ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MARGARET MARY CLAIRE LEO, Index No: 161118/2021
Plaintiff,
DEMAND FOR A
-against- VERIFIED BILL OF
PARTICULARS
THOMAS NAIMING YIM and MILLWORK
SPECIALTY INC.,
Defendants.
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PLEASE TAKE NOTICE, that in accordance with the Section 3041, Rules 3042, and 3044
of the CPLR you are hereby required to serve upon the undersigned a Verified Bill of Particulars
pursuant to the following demand within thirty (30) days:
1. State the date and approximate time of day of the accident.
2. State the address of the plaintiff at the time of the alleged occurrence.
3. State the present address of the plaintiff.
4. State the plaintiff's date of birth and social security number.
5. Is actual notice claimed? If so, the name of the person to whom notice is claimed to have
been given, and whether written or oral and date thereof.
6. Is constructive notice claimed? If so, the length of time it will be claimed the alleged
condition existed.
7. Provide a statement of each and every personal injury alleged to have been sustained by
plaintiff(s), including the nature, location, extent of duration and the effects of same.
8. State which personal injuries plaintiff claims are permanent.
9. Separately state the length of time confined (a) to hospital, (b) to bed and (c) to house.
10. State the following: (a) vocations of plaintiff at the time of alleged occurrence, (b) names
and addresses of employers, (c) average weekly earnings and (d) state separately period of total
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and/or partial disability, (e) if self-employed, set forth details of how alleged loss of earnings or
income are arrived at.
11. Give a detailed statement of amount claimed as special damages, if any, for (a)
physician's services, (b) hospital expenses, (c) nurse's services, (d) medical supplies, (e) loss of
earnings, (f) maid services, and (g) any additional or other special damages.
12. Set forth a general statement of the acts of omissions constituting the negligence claimed.
13. Set forth the place of occurrence, giving in full detail the exact location of the scene of
the accident.
14. Set forth the year, model, make, registration number, and year of manufacture of the
automobile in question.
15. List all the parts of the plaintiff automobile which are claimed to have been damaged as
a result of the occurrence.
16. State the sum or sums claimed to have been expended or which necessarily will have to
be expended for the repair thereof.
17. State the length of time plaintiff claims he was deprived of the use of his automobile as
a result of the alleged occurrence and the rate per day at which he values the use of his automobile,
if any.
18. Set forth the date of purchase, the purchase price and the alleged value of the plaintiff's
automobile immediately before and after the occurrence.
19. Set forth the names and addresses of any and all witnesses to the occurrence.
20. State in what respect the plaintiff has sustained serious injury as defined in Section
5102(d) of the Insurance Law, or economic loss greater than basic economic loss as defined in
Section 5102(a) of the Insurance Law.
21. Designate by article, section, division and subdivision, the statutes, ordinances, rules and
regulations alleged to have been violated by defendant.
PLEASE TAKE FURTHER NOTICE that in the event of your failure to furnish such a Bill
of Particulars within the said period of thirty (30) days, a motion will be made for an Order
precluding you from giving any evidence at the trial of the above items, of which particulars have
not been delivered in accordance with this demand.
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Dated: Jericho, New York
April 27, 2022
Yours, etc.
McCABE, COLLINS, McGEOUGH, FOWLER,
LEVINE & NOGAN, LLP
Maureen Quinn
_____________________________________
By: MAUREEN QUINN
Attorneys for Defendants
THOMAS NAIMING YIM and
MILLWORK SPECIALTY, INC.
30 Jericho Executive Plaza, Suite 400-C
Jericho, New York 11753
516-741-6266
File No.: 22-SAH-226 MQ
MQUINN@mcmflaw.com
TO: ABEND & SILBER, PLLC
Attorneys for Plaintiff
432 Park Avenue S. 9th Floor
New York, New York 10016
(212) 532-7575
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22-SAH-226 MQ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
MARGARET MARY CLAIRE LEO, Index No: 161118/2021
Plaintiff,
-against-
THOMAS NAIMING YIM and MILLWORK
SPECIALTY INC.,
Defendants.
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COMBINED DEMANDS OF DEFENDANTS
SERVED BY: McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP.
Attorneys for Defendants, THOMAS NAIMING YIM and MILLWORK
SPECIALTY, INC.,
30 Jericho Executive Plaza, Suite 400
Jericho, New York 11723
(516) 741-6266
PLEASE TAKE NOTICE that you are hereby required to produce and permit discovery by
the undersigned of the documents and things hereinafter enumerated for inspection at the office of
McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP., within twenty (20)
days of the date hereof, at which time they will be physically inspected, tested copied or
mechanically reproduced.
PLEASE TAKE FURTHER NOTICE that production of documents and other items may be
accomplished by forwarding true copies of same to the offices of the undersigned on or before the
aforesaid date, in which case a personal appearance on that date will not be necessary . If these
demands will be complied with by way of a personal appearance, we ask that you confirm your
appearance at least twenty-four (24) hours prior thereto.
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PLEASE TAKE NOTICE that pursuant to the CPLR and the appropriate Rules of Court, and
case law interpreting discovery and inspection, the undersigned hereby serves upon you the
following demands returnable at the offices of McCABE, COLLINS, McGEOUGH, FOWLER,
LEVINE & NOGAN, LLP,30 Jericho Executive Plaza, Suite 400C, Jericho, New York 11723.
1. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES:
PLEASE TAKE NOTICE that demand is hereby made upon you to furnish the undersigned
with a verified statement concerning the names and addresses of any and all persons known to your
client, the plaintiff(s), or to you, as attorney for your client(s), claimed to have either been an actual
witness, or to have firsthand knowledge, with respect to the following;
a) The occurrence alleged in the Complaint and/or the occurrence which is the subject
matter of the instant litigation;
b) Any acts, omissions or conditions which allegedly caused the occurrence alleged in
the Complaint or caused the occurrence which is the subject matter of the instant
litigation;
c) Any actual notice allegedly given to the defendant answering herein of any condition
which allegedly caused the occurrence alleged in the Complaint or the occurrence
which is the subject matter of the instant litigation;
d) The nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the Complaint or the occurrence which is the subject matter of
the instant litigation;
e) Conversations, communications or writings with respect to the circumstances or
events referred to in the Complaint or in any affirmative defense asserted by any
party herein;
f) Items of special or general damages asserted by plaintiff in the within action or with
respect to any setoff or counterclaim by any defendant or third-party defendant.
g) Names and addresses of witnesses who possess vital information which bears on the
liability issues. Hughes v. Elias, 120 A.D.2d 703, 502 N.Y.S.2d 772 (2d Dept.
1986).
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This demand is made upon you pursuant to the authority of Zellman v Metropolitan
Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d 255, 1973; Zayas v Morales, 45 A.D.2d 610,
350 N.Y.S.2d 1974; Hoffman v Ro-San Manor, 73 A.D.2d 207, 425 N.Y.S.2d 619.
In the event that no such names or addresses are currently known, then a verified statement
to this effect shall be provided within the above stated time.
PLEASE BE FURTHER ADVISED, that this demand is a continuing one and that should
such information become known in the future, then said names and/or addresses should be furnished
within a reasonable time after acquiring same.
PLEASE BE FURTHER ADVISED, that any attempt to introduce testimony at the time of
trial of any witnesses not disclosed will be objected to or, in the alternative, the undersigned will
move this Court for an Order compelling production of said names and/or addresses.
2. DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A
PARTY REPRESENTED BY THE UNDERSIGNED
PLEASE TAKE FURTHER NOTICE that the undersigned hereby demands that you produce,
pursuant to CPLR 3101(e), full, true, legible and complete copies of any and all statements made by,
or taken from, any of the parties represented by the undersigned, their servants, agents and/or
employees, whether written, oral or recorded (including full, true, legible and complete copies of
transcripts of same) in your possession, custody or control, or presently in the possession or under
the control of a party you represent, plaintiff, or an agent, servant, employee and/or principal of you
and/or plaintiff.
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3. DEMAND FOR ACCIDENT REPORTS
PLEASE TAKE FURTHER NOTICE that the undersigned demands that you produce,
pursuant to CPLR 3101(g), full, true, legible and complete copies of any report concerning the
accident or occurrence which is the subject matter of this lawsuit prepared in the regular course of
business operations or practices of any person, firm, corporation, association or other public or
private entity. This demand includes all accident reports, whether or not prepared exclusively in
preparation for litigation. Pataki v Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 694 (1981).
4. DEMAND FOR PHOTOGRAPHS/VIDEOS
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to Article 31
of the CPLR, that you produce and provide copies of any and all photographs, slides, videotapes or
motion pictures in your possession, custody or control, or in the possession custody or a party you
represent, plaintiff or an agent, servant, employee and/or principal of you and/or plaintiff depicting:
a) The scene of the occurrence;
b) the motor vehicle involved (if an auto accident);
c) the defective condition involved;
d) the injuries to the plaintiff;
e) Each item of property alleged to be damaged, destroyed or lost showing condition
prior to and subsequent to damage claimed;
f) Any defect, condition or substance alleged in the Complaint.
1. A copy of any video surveillance footage depicting the subject accident;
2. Copies of any of still photographs depicting the subject accident;
PLEASE TAKE FURTHER NOTICE that your failure to comply with this Notice will result
in an appropriate application to the Court.
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PLEASE TAKE FURTHER NOTICE that in the event photographs of the scene of the
occurrence are attempted to be introduced at the time of trial without compliance with this Notice,
there will be objections to the introduction of same.
If no such photographs are in the possession, custody or control of any parties you represent
in this action, so state in sworn reply to this demand.
5. DEMAND FOR NAMES AND ADDRESSES OF PARTIES AND ATTORNEYS
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR
3102(a), 2103(e) and 3118, that you provide a list of those attorneys who have appeared in this action
together with their addresses and the name and address of the party for whom such attorneys have
appeared.
6. DEMAND FOR EXPERT WITNESS DISCLOSURE
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR
3101(d), that you set forth the following:
(A) State whether there is any person you expect to call as an expert witness at the time
of trial of this action.
(B) If the answer to the preceding is in the affirmative, please state in detail as to each
and every such expert person:
(I) The expert’s identity.
(ii) The expert’s address.
(iii) The expert’s field of expertise.
(iv) Any sub-specialties of the witness within his field of expertise.
(v) In reasonable detail, the subject matter on which each and every expert is
expected to testify.
(vi) In reasonable detail, the substance of the facts and opinions to which each
and every expert is expected to testify.
(vii) In reasonable detail, the qualifications of each and every expert witness.
(viii) In reasonable detail, a summary of the grounds for each and every expert's
opinion.
(ix) Names, dates and publishers of any treatises, books, articles, or essays or
other writings published or unpublished by the expert relating in any way to
the subject matter on which said expert is expected to testify. For each
published article and essay, state the title of the book, journal or other work
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in which it can be found, the name and address of the publisher and date of
publication.
(C) State whether any expert, including but not limited to the person or persons identified
in the preceding demands, at any time made an examination, analysis, inspection or
test of:
(I) The premises of the area involved in the occurrence.
(ii) Any other item of real evidence which may be relevant to
determining the cause of the occurrence of the damages
alleged in the Complaint.
(D) If the answer to any of the preceding demands is in the affirmative, for each such
person state:
(I) The determination, if any, as to whether or not the
product or item inspected was manufactured and/or
installed consistent with specifications.
(E) Has the object, product or item identified in the preceding demands been destroyed
or altered in the course of the examination, analysis, inspection or test performed
upon it?
(F) Did anyone assist the persons identified in the preceding demands in the performance
of the examination, analysis, inspection or tests?
(G) If the answer to any of the preceding demands is in the affirmative:
(I) Identify each person who gave such assistance, providing
names and addresses.
(ii) Describe the type and amount of assistance given.
(iii) State the dates on which such assistance was given.
(H) Did any of the persons identified in any of the preceding demands submit any reports
based upon the examination, analysis, inspection or test conducted?
(I) If the answer to any of the preceding demands is in the affirmative, state:
(ii) A description of each report that was made.
(iii) The date that each report was made.
(iv) Identify the person to whom each report was submitted.
(v) Identify the persons who have present custody of each
report.
(J) Attach a copy of any reports identified in response to any of the preceding demands.
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PLEASE TAKE FURTHER NOTICE that upon your failure to respond to this demand
within thirty (30) days, a motion will be made pursuant to CPLR 3101(d) for sanctions and/or to
compel compliance with same.
7. DEMAND FOR MEDICALS
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR §3101 and the Appellate
Division and/or Trial Term Rules and the Uniform rules for the New York State Trial Courts,
demand is hereby made upon the plaintiff(s) or his/her attorneys to provide:
a) The names and addresses of all physicians, osteopaths, chiropractors, physical
therapists and other licenses, medical professionals and other health care providers
of every description who have consulted, examined or treated the plaintiff for each
of the conditions, physical or mental, allegedly caused by, or exacerbated by the
occurrence described in the Complaint, including the date of such treatment or
examination.
b) Duly executed and acknowledged written authorizations directed to any hospital
clinic or other health care facility in which the injured plaintiff(s) herein is or was
treated or confined due to the occurrence set forth in the Complaint so as to permit
the securing of a copy of the entire hospital records or records including x-rays and
technicians’ reports.
c) Duly executed and acknowledged written authorizations to allow defendant(s) to
obtain the complete office medical records relating to the plaintiff of each health care
provider identified in (a) above.
d) Copies of all medical reports received from health care providers identified in (A)
above. 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-rays
and technicians’ reports which will be offered.
e) Duly executed and acknowledged written authorizations for pharmacy(s) which will
allow the defendant(s) to obtain the complete records of all drugs prescribed for
plaintiff for injuries allegedly sustained in the occurrence complained of in the
Complaint.
f) Duly executed and acknowledged written authorizations specifying prescription
number(s) which will allow defendant(s) to obtain the complete records of all drugs
prescribed for plaintiff for injuries allegedly sustained in the occurrence complained
of in the Complaint.
g) Duly executed and acknowledged written authorizations with respect to any
osteopaths, chiropractors and/or other licensed medical professionals who have
rendered treatment to plaintiff(s) with respect to any condition pre-existing or
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preceding the events complained of in the Complaint involving disease, disability or
injury (or, if applicable, prior psychiatric or psychological disorders) which in any
way is alleged to have been aggravated or exacerbated, or to have caused any increase
in the sequela of those injuries or conditions allegedly resulting from the events
complained of in the within action.
h) Duly executed authorizations with respect to any hospitals, clinics or other similar
health care providers which have rendered treatment to plaintiff(s) with respect to any
condition pre-existing or preceding the events complained of in the Complaint
involving disease, disability or injury (or, if applicable, prior psychiatric or
psychological disorders) which in any way is alleged to have caused any increase in
the sequela of those injuries or conditions allegedly resulting from the events
complained of in the within action.
PLEASE TAKE FURTHER NOTICE that with respect to Items (a), (b), (c) , (d), (e), (f), (g),
and (h), the authorizations to be provided shall state the approximate period or periods that such
services were rendered, as well as the complete name and address of the provider.
PLEASE TAKE FURTHER NOTICE that upon your failure to comply with this demand,
an appropriate motion will be made seeking an Order compelling the production of the aforesaid and
in addition, a motion will be made to preclude plaintiff(s) upon the trial of the within action from
offering evidence or testifying as to any of the conditions which are referred to in said reports,
records or examinations demanded herein.
8. DEMAND FOR COLLATERAL SOURCES
PLEASE TAKE FURTHER NOTICE that the undersigned hereby demands that you
produce:
A verified statement setting forth the amounts claimed by the plaintiff(s) for the cost
of: a) medical care; b) dental care; c) custodial care; d) rehabilitation services; e) loss
of earnings; and, f) any other economic loss.
FURTHER, it is demanded that the plaintiff(s) list and identify in a verified statement and
provide duly executed and acknowledged authorizations directed to each and every collateral source
including, but not limited to, insurance, no-fault, social security, disability. Workers’ Compensation
or employee benefit programs, Medicare health insurance (including said claim number), setting
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forth the names, addresses and policy numbers of the providers of such collateral sources as well as
the amounts paid and the dates paid.
PLEASE TAKE FURTHER NOTICE that submission to the undersigned of duly executed
authorizations and true and conformed certified copies of the items demanded herein at any time
prior to the date set forth for such discovery and inspection will be deemed compliance with this
demand provided it is accompanied by a verified statement as to the accuracy thereof.
PLEASE TAKE FURTHER NOTICE that if this notice is not complied with, an application
will be made for the imposition of appropriate sanctions and to compel compliance with this notice.
9. DEMAND FOR DISCOVERY OF INSURANCE POLICIES
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR
3101(f), that you produce all policies of insurance, between plaintiff and the insurance company,
including excess, umbrella and/or catastrophe insurance, applicable to the within occurrence, as well
as copies of any claims made by the plaintiff under the policy which may be liable to satisfy part or
all of a judgment which may be entered in the action or to indemnify or reimburse for payments
made to satisfy the judgment.
PLEASE TAKE FURTHER NOTICE that a copy of the face sheet of the insurance policy
and/or a letter on your stationery setting forth limits of liability will suffice in lieu of production of
the insurance agreement above requested. If any of the insurers who issued the above-referenced
policy have disclaimed coverage, in whole or in part, or are defending under a reservation of rights,
please so state and provide a true copy of said disclaimer of coverage or reservation of rights.
PLEASE TAKE FURTHER NOTICE that upon your failure to produce the insurance
agreement or a statement as to coverage, a motion may be made for discovery and inspection and
costs may be requested.
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PLEASE TAKE FURTHER NOTICE that the foregoing are continuing demands and that
if any of the above items are obtained after the date of this demand, they are to be furnished to the
undersigned pursuant to these demands.
10. DEMAND FOR DISCOVERY AND INSPECTION OF
PROOF OF LOSS AND CORRESPONDENCE
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to Article 31
of the CPLR, that you produce and provide copies of any and all correspondence including (but not
limited to) proof of loss between plaintiff and his insurance carrier or representative regarding
damage and repairs to plaintiff’s vehicle as a result of the accident alleged in the complaint.
11. DEMAND FOR DISCOVERY AND INSPECTION OF INSPECTIONS AND
APPRAISALS
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to
Article 31 of the CPLR, that you produce and provide copies of all inspections, appraisals,
evaluations regarding damage and repairs to plaintiff’s vehicle as a result of the accident alleged in
the complaint.
12. DEMAND FOR DISCOVERY OF BILLS, ESTIMATES AND RECEIPTS
PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to
Article 31 of the CPLR, that you produce and provide copies of: bills, receipts and inventories
regarding plaintiff's purchase prior to the alleged damage of each and every item of property alleged
to have been damaged, destroyed and/or lost; all estimates, bills and receipts of all repairs, cleaning,
and restoration done to each and every item alleged to have been damaged, destroyed and/or lost;
all bills, receipts, inventories and estimates regarding temporary, permanent, substitute and
replacement cost of any item of property allegedly damaged, destroyed and/or lost; all estimates, bills
and receipts regarding temporary, permanent, substitute and replacement lodging.
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13. DEMAND FOR EMPLOYMENT AND INCOME VERIFICATION
PLEASE TAKE FURTHER NOTICE that if a claim for lost earnings or diminution of
earning capacity is being made, the undersigned demands that you produce the following:
I) If the plaintiff(s) was not self-employed, duly executed and acknowledged original,
written authorizations directed to the last employer prior to the date of
accident/occurrence and the first employer subsequent to the date of
accident/occurrence so as to permit the securing of plaintiff’s entire
personnel/performance record including records regarding wages attendance, original
job application and medical records.
ii) If plaintiff(s) was self-employed, it is demanded that the undersigned by supplied
with a properly completed and executed IRS Form 4506 authorization the IRS to
release plaintiff’s full income tax returns for a period of five (5) years preceding the
accident and/or occurrence in question and to date.
PLEASE TAKE FURTHER NOTICE that the foregoing combined demand is a continuing
demand. In the event any of the above items are obtained after service of this demand or service of
a response hereto, they are to be furnished to the undersigned forthwith.
PLEASE TAKE FURTHER NOTICE, that your failure to comply herewith will result in an
application by the undersigned to the Court for the appropriate relief and sanctions now or at the time
of trial herein.
Dated: Jericho, New York
April 27, 2022
Yours, etc.
McCABE, COLLINS, McGEOUGH, FOWLER,
LEVINE & NOGAN, LLP
Maureen Quinn
_____________________________________
By: MAUREEN QUINN
Attorneys for Defendants
THOMAS NAIMING YIM and
MILLWORK SPECIALTY, INC.
30 Jericho Executive Plaza, Suite 400-C
Jericho, New York 11753
516-741-6266
File No.: 22-SAH-226 MQ
MQUINN@mcmflaw.com
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TO: ABEND & SILBER, PLLC
Attorneys for Plaintiff
432 Park Avenue S. 9th Floor
New York, New York 10016
(212) 532-7575
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22-SAH-226 MQ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MARGARET MARY CLAIRE LEO, Index No: 161118/2021
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON
-against- ORAL EXAMINATION
THOMAS NAIMING YIM and MILLWORK
SPECIALTY INC.,
Defendants.
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PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules
the testimony, upon oral examination of all adverse parties, 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 the offices of McCabe, Collins, McGeough, Fowler, Levine &
Nogan, LLP, 30 Jericho Executive Plaza, Suite 400C, Jericho, New York on the 27TH day of, June
2022, at 10:00 o'clock in the forenoon of that day with respect to evidence material and necessary
in the defense of this action:
All of the relevant facts and circumstances in connection with the incident which allegedly
occurred on the 23RD day of July 2021, including negligence, liability and damages. That the said
person to be examined is required to produce at such examination the following: Any and all
records, reports, memoranda and other writings relevant to the subject matter of the instant action.
Dated: Jericho, New York
April 27, 2022
Yours, etc.
McCABE, COLLINS, McGEOUGH, FOWLER,
LEVINE & NOGAN, LLP
Maureen Quinn
_____________________________________
By: MAUREEN QUINN
Attorneys for Defendants
THOMAS NAIMING YIM and
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MILLWORK SPECIALTY, INC.
30 Jericho Executive Plaza, Suite 400-C
Jericho, New York 11753
516-741-6266
File No.: 22-SAH-226 MQ
MQUINN@mcmflaw.com
TO: ABEND & SILBER, PLLC
Attorneys for Plaintiff
432 Park Avenue S. 9th Floor
New York, New York 10016
(212) 532-7575
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22-SAH-226 MQ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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MARGARET MARY CLAIRE LEO, Index No: 161118/2021
Plaintiff,
-against- NOTICE FOR DISCOVERY
AND INSPECTION
THOMAS NAIMING YIM and MILLWORK
SPECIALTY INC.,
Defendants.
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PLEASE TAKE NOTICE, that the undersigned defendant pursuant to CPLR Article 31,
by MCCABE, COLLINS, MCGEOUGH, FOWLER, LEVINE & NOGAN, LLP., hereby requests
production of the following documents, records, authorizations and/or things, or true copies thereof,
in the custody, possession or control of the parties to this action, for the purpose of inspecting,
copying, testing or photographing. Said production to be made at the office of the undersigned at
30 Jericho Executive Plaza, Suite 400C, Jericho, New York 1172311514 within twenty (20) days
of the date hereof, at 9:30 A.M. or at such other place or time upon which the parties to this action
may mutually agree:
1. The name and address of the titled owner of the vehicle that was involved in
subject accident on July 23, 2021;
2. The license plate number of the vehicle that was involved in the subject
accident on July 23, 2021;
3. A copy of any video surveillance footage depicting the subject accident;
4. Copies of any of still photographs depicting the subject accident;
5. A copy of plaintiff's MV-104 and any Incident Reports generated with regard
to the subject accident;
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6. Photographs of damage to the vehicles involved in the subject accident;
7. Estimates, invoices and repair records for the damages to the plaintiff's motor
vehicle;
8. A copy of the plaintiff's car phone, mobile or cellular phone records from the
car phone, mobile or cellular phone service that was utilized on the date of
accident which is the subject of this litigation, including a record and charges
of all calls made on the date of accident which is the subject of this lawsuit
and is to include any photographs taken from a cell phone.
PLEASE TAKE FURTHER NOTICE that the foregoing combined demand is a
continuing demand. In the event any of the above items are obtained after service of this
demand or service of a response hereto, they are to be furnished to the undersigned forthwith.
PLEASE TAKE FURTHER NOTICE, that your failure to comply herewith will
result in an application by the undersigned to the Court for the appropriate relief and
sanctions now or at the time of trial herein.
Dated: Jericho, New York
April 27, 2022
Yours, etc.
McCABE, COLLINS, McGEOUGH,
FOWLER, LEVINE & NOGAN, LLP
Maureen Quinn
_____________________________________
By: MAUREEN QUINN
Attorneys for Defendants
THOMAS NAIMING YIM and
MILLWORK SPECIALTY, INC.
30 Jericho Executive Plaza, Suite 400-C
Jericho, New York 11753
516-741-6266
File No.: 22-SAH-226 MQ
MQUINN@mcmflaw.com
TO: ABEND & SILBER, PLLC
Attorneys for Plaintiff
432 Park Avenue S. 9th Floor
New York, New York 10016
(212) 532-7575
19 of 46
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22-SAH-226 MQ
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------X
MARGARET MARY CLAIRE LEO, Index No: 161118/2021
Plaintiff, NOTICE FOR
DISCOVERY
AND INSPECTION RELATED
TO PRIOR/SUBSEQUENT
-against- ACCIDENT/INJURIES AND/OR
TREATMENT
THOMAS NAIMING YIM and MILL WORK
SPECIALTY INC.,
Defendants.
---------------------------------------------------------------------X
PLEASE TAKE NOTICE, that pursuant to the applicable sections and rules of the CPLR,
you are hereby required to produce at the office of the undersigned, within 20 days from the date
hereof, the following:
REGARDING PLAINTIFF'S PRIOR ACCIDENTS AND/OR SUBSEQUENT
ACCIDENT INJURY AND/OR TREATMENT AND/OR INJURY IN WHICH
PLAINTIFF SOUGHT TREATMENT OR TESTING TO THE SAME BODY PART
OR PARTS OF HER BODY INJURED IN THE SUBJECT ACCIDENT
1. Duly executed, written, original authorizations including complete name, address, patient
number and any other pertinent and/or identifying information for the following records:
Preview
FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 22-SAH-226 MQ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X MARGARET MARY CLAIRE LEO, Index No: 161118/2021 Plaintiff, DEMAND FOR A -against- VERIFIED BILL OF PARTICULARS THOMAS NAIMING YIM and MILLWORK SPECIALTY INC., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that in accordance with the Section 3041, Rules 3042, and 3044 of the CPLR you are hereby required to serve upon the undersigned a Verified Bill of Particulars pursuant to the following demand within thirty (30) days: 1. State the date and approximate time of day of the accident. 2. State the address of the plaintiff at the time of the alleged occurrence. 3. State the present address of the plaintiff. 4. State the plaintiff's date of birth and social security number. 5. Is actual notice claimed? If so, the name of the person to whom notice is claimed to have been given, and whether written or oral and date thereof. 6. Is constructive notice claimed? If so, the length of time it will be claimed the alleged condition existed. 7. Provide a statement of each and every personal injury alleged to have been sustained by plaintiff(s), including the nature, location, extent of duration and the effects of same. 8. State which personal injuries plaintiff claims are permanent. 9. Separately state the length of time confined (a) to hospital, (b) to bed and (c) to house. 10. State the following: (a) vocations of plaintiff at the time of alleged occurrence, (b) names and addresses of employers, (c) average weekly earnings and (d) state separately period of total 1 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 and/or partial disability, (e) if self-employed, set forth details of how alleged loss of earnings or income are arrived at. 11. Give a detailed statement of amount claimed as special damages, if any, for (a) physician's services, (b) hospital expenses, (c) nurse's services, (d) medical supplies, (e) loss of earnings, (f) maid services, and (g) any additional or other special damages. 12. Set forth a general statement of the acts of omissions constituting the negligence claimed. 13. Set forth the place of occurrence, giving in full detail the exact location of the scene of the accident. 14. Set forth the year, model, make, registration number, and year of manufacture of the automobile in question. 15. List all the parts of the plaintiff automobile which are claimed to have been damaged as a result of the occurrence. 16. State the sum or sums claimed to have been expended or which necessarily will have to be expended for the repair thereof. 17. State the length of time plaintiff claims he was deprived of the use of his automobile as a result of the alleged occurrence and the rate per day at which he values the use of his automobile, if any. 18. Set forth the date of purchase, the purchase price and the alleged value of the plaintiff's automobile immediately before and after the occurrence. 19. Set forth the names and addresses of any and all witnesses to the occurrence. 20. State in what respect the plaintiff has sustained serious injury as defined in Section 5102(d) of the Insurance Law, or economic loss greater than basic economic loss as defined in Section 5102(a) of the Insurance Law. 21. Designate by article, section, division and subdivision, the statutes, ordinances, rules and regulations alleged to have been violated by defendant. PLEASE TAKE FURTHER NOTICE that in the event of your failure to furnish such a Bill of Particulars within the said period of thirty (30) days, a motion will be made for an Order precluding you from giving any evidence at the trial of the above items, of which particulars have not been delivered in accordance with this demand. 2 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 Dated: Jericho, New York April 27, 2022 Yours, etc. McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP Maureen Quinn _____________________________________ By: MAUREEN QUINN Attorneys for Defendants THOMAS NAIMING YIM and MILLWORK SPECIALTY, INC. 30 Jericho Executive Plaza, Suite 400-C Jericho, New York 11753 516-741-6266 File No.: 22-SAH-226 MQ MQUINN@mcmflaw.com TO: ABEND & SILBER, PLLC Attorneys for Plaintiff 432 Park Avenue S. 9th Floor New York, New York 10016 (212) 532-7575 3 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 22-SAH-226 MQ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X MARGARET MARY CLAIRE LEO, Index No: 161118/2021 Plaintiff, -against- THOMAS NAIMING YIM and MILLWORK SPECIALTY INC., Defendants. ---------------------------------------------------------------------X COMBINED DEMANDS OF DEFENDANTS SERVED BY: McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP. Attorneys for Defendants, THOMAS NAIMING YIM and MILLWORK SPECIALTY, INC., 30 Jericho Executive Plaza, Suite 400 Jericho, New York 11723 (516) 741-6266 PLEASE TAKE NOTICE that you are hereby required to produce and permit discovery by the undersigned of the documents and things hereinafter enumerated for inspection at the office of McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP., within twenty (20) days of the date hereof, at which time they will be physically inspected, tested copied or mechanically reproduced. PLEASE TAKE FURTHER NOTICE that production of documents and other items may be accomplished by forwarding true copies of same to the offices of the undersigned on or before the aforesaid date, in which case a personal appearance on that date will not be necessary . If these demands will be complied with by way of a personal appearance, we ask that you confirm your appearance at least twenty-four (24) hours prior thereto. 4 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 PLEASE TAKE NOTICE that pursuant to the CPLR and the appropriate Rules of Court, and case law interpreting discovery and inspection, the undersigned hereby serves upon you the following demands returnable at the offices of McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP,30 Jericho Executive Plaza, Suite 400C, Jericho, New York 11723. 1. DEMAND FOR THE NAMES AND ADDRESSES OF WITNESSES: PLEASE TAKE NOTICE that demand is hereby made upon you to furnish the undersigned with a verified statement concerning the names and addresses of any and all persons known to your client, the plaintiff(s), or to you, as attorney for your client(s), claimed to have either been an actual witness, or to have firsthand knowledge, with respect to the following; a) The occurrence alleged in the Complaint and/or the occurrence which is the subject matter of the instant litigation; b) Any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint or caused the occurrence which is the subject matter of the instant litigation; c) Any actual notice allegedly given to the defendant answering herein of any condition which allegedly caused the occurrence alleged in the Complaint or the occurrence which is the subject matter of the instant litigation; d) The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Complaint or the occurrence which is the subject matter of the instant litigation; e) Conversations, communications or writings with respect to the circumstances or events referred to in the Complaint or in any affirmative defense asserted by any party herein; f) Items of special or general damages asserted by plaintiff in the within action or with respect to any setoff or counterclaim by any defendant or third-party defendant. g) Names and addresses of witnesses who possess vital information which bears on the liability issues. Hughes v. Elias, 120 A.D.2d 703, 502 N.Y.S.2d 772 (2d Dept. 1986). 5 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 This demand is made upon you pursuant to the authority of Zellman v Metropolitan Transportation Authority, 40 A.D.2d 248, 339 N.Y.S.2d 255, 1973; Zayas v Morales, 45 A.D.2d 610, 350 N.Y.S.2d 1974; Hoffman v Ro-San Manor, 73 A.D.2d 207, 425 N.Y.S.2d 619. In the event that no such names or addresses are currently known, then a verified statement to this effect shall be provided within the above stated time. PLEASE BE FURTHER ADVISED, that this demand is a continuing one and that should such information become known in the future, then said names and/or addresses should be furnished within a reasonable time after acquiring same. PLEASE BE FURTHER ADVISED, that any attempt to introduce testimony at the time of trial of any witnesses not disclosed will be objected to or, in the alternative, the undersigned will move this Court for an Order compelling production of said names and/or addresses. 2. DEMAND FOR DISCOVERY AND INSPECTION OF ANY STATEMENT OF A PARTY REPRESENTED BY THE UNDERSIGNED PLEASE TAKE FURTHER NOTICE that the undersigned hereby demands that you produce, pursuant to CPLR 3101(e), full, true, legible and complete copies of any and all statements made by, or taken from, any of the parties represented by the undersigned, their servants, agents and/or employees, whether written, oral or recorded (including full, true, legible and complete copies of transcripts of same) in your possession, custody or control, or presently in the possession or under the control of a party you represent, plaintiff, or an agent, servant, employee and/or principal of you and/or plaintiff. 6 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 3. DEMAND FOR ACCIDENT REPORTS PLEASE TAKE FURTHER NOTICE that the undersigned demands that you produce, pursuant to CPLR 3101(g), full, true, legible and complete copies of any report concerning the accident or occurrence which is the subject matter of this lawsuit prepared in the regular course of business operations or practices of any person, firm, corporation, association or other public or private entity. This demand includes all accident reports, whether or not prepared exclusively in preparation for litigation. Pataki v Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 694 (1981). 4. DEMAND FOR PHOTOGRAPHS/VIDEOS PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to Article 31 of the CPLR, that you produce and provide copies of any and all photographs, slides, videotapes or motion pictures in your possession, custody or control, or in the possession custody or a party you represent, plaintiff or an agent, servant, employee and/or principal of you and/or plaintiff depicting: a) The scene of the occurrence; b) the motor vehicle involved (if an auto accident); c) the defective condition involved; d) the injuries to the plaintiff; e) Each item of property alleged to be damaged, destroyed or lost showing condition prior to and subsequent to damage claimed; f) Any defect, condition or substance alleged in the Complaint. 1. A copy of any video surveillance footage depicting the subject accident; 2. Copies of any of still photographs depicting the subject accident; PLEASE TAKE FURTHER NOTICE that your failure to comply with this Notice will result in an appropriate application to the Court. 7 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 PLEASE TAKE FURTHER NOTICE that in the event photographs of the scene of the occurrence are attempted to be introduced at the time of trial without compliance with this Notice, there will be objections to the introduction of same. If no such photographs are in the possession, custody or control of any parties you represent in this action, so state in sworn reply to this demand. 5. DEMAND FOR NAMES AND ADDRESSES OF PARTIES AND ATTORNEYS PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR 3102(a), 2103(e) and 3118, that you provide a list of those attorneys who have appeared in this action together with their addresses and the name and address of the party for whom such attorneys have appeared. 6. DEMAND FOR EXPERT WITNESS DISCLOSURE PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR 3101(d), that you set forth the following: (A) State whether there is any person you expect to call as an expert witness at the time of trial of this action. (B) If the answer to the preceding is in the affirmative, please state in detail as to each and every such expert person: (I) The expert’s identity. (ii) The expert’s address. (iii) The expert’s field of expertise. (iv) Any sub-specialties of the witness within his field of expertise. (v) In reasonable detail, the subject matter on which each and every expert is expected to testify. (vi) In reasonable detail, the substance of the facts and opinions to which each and every expert is expected to testify. (vii) In reasonable detail, the qualifications of each and every expert witness. (viii) In reasonable detail, a summary of the grounds for each and every expert's opinion. (ix) Names, dates and publishers of any treatises, books, articles, or essays or other writings published or unpublished by the expert relating in any way to the subject matter on which said expert is expected to testify. For each published article and essay, state the title of the book, journal or other work 8 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 in which it can be found, the name and address of the publisher and date of publication. (C) State whether any expert, including but not limited to the person or persons identified in the preceding demands, at any time made an examination, analysis, inspection or test of: (I) The premises of the area involved in the occurrence. (ii) Any other item of real evidence which may be relevant to determining the cause of the occurrence of the damages alleged in the Complaint. (D) If the answer to any of the preceding demands is in the affirmative, for each such person state: (I) The determination, if any, as to whether or not the product or item inspected was manufactured and/or installed consistent with specifications. (E) Has the object, product or item identified in the preceding demands been destroyed or altered in the course of the examination, analysis, inspection or test performed upon it? (F) Did anyone assist the persons identified in the preceding demands in the performance of the examination, analysis, inspection or tests? (G) If the answer to any of the preceding demands is in the affirmative: (I) Identify each person who gave such assistance, providing names and addresses. (ii) Describe the type and amount of assistance given. (iii) State the dates on which such assistance was given. (H) Did any of the persons identified in any of the preceding demands submit any reports based upon the examination, analysis, inspection or test conducted? (I) If the answer to any of the preceding demands is in the affirmative, state: (ii) A description of each report that was made. (iii) The date that each report was made. (iv) Identify the person to whom each report was submitted. (v) Identify the persons who have present custody of each report. (J) Attach a copy of any reports identified in response to any of the preceding demands. 9 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 PLEASE TAKE FURTHER NOTICE that upon your failure to respond to this demand within thirty (30) days, a motion will be made pursuant to CPLR 3101(d) for sanctions and/or to compel compliance with same. 7. DEMAND FOR MEDICALS PLEASE TAKE FURTHER NOTICE that pursuant to CPLR §3101 and the Appellate Division and/or Trial Term Rules and the Uniform rules for the New York State Trial Courts, demand is hereby made upon the plaintiff(s) or his/her attorneys to provide: a) The names and addresses of all physicians, osteopaths, chiropractors, physical therapists and other licenses, medical professionals and other health care providers of every description who have consulted, examined or treated the plaintiff for each of the conditions, physical or mental, allegedly caused by, or exacerbated by the occurrence described in the Complaint, including the date of such treatment or examination. b) Duly executed and acknowledged written authorizations directed to any hospital clinic or other health care facility in which the injured plaintiff(s) herein is or was treated or confined due to the occurrence set forth in the Complaint so as to permit the securing of a copy of the entire hospital records or records including x-rays and technicians’ reports. c) Duly executed and acknowledged written authorizations to allow defendant(s) to obtain the complete office medical records relating to the plaintiff of each health care provider identified in (a) above. d) Copies of all medical reports received from health care providers identified in (A) above. 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-rays and technicians’ reports which will be offered. e) Duly executed and acknowledged written authorizations for pharmacy(s) which will allow the defendant(s) to obtain the complete records of all drugs prescribed for plaintiff for injuries allegedly sustained in the occurrence complained of in the Complaint. f) Duly executed and acknowledged written authorizations specifying prescription number(s) which will allow defendant(s) to obtain the complete records of all drugs prescribed for plaintiff for injuries allegedly sustained in the occurrence complained of in the Complaint. g) Duly executed and acknowledged written authorizations with respect to any osteopaths, chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff(s) with respect to any condition pre-existing or 10 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 preceding the events complained of in the Complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequela of those injuries or conditions allegedly resulting from the events complained of in the within action. h) Duly executed authorizations with respect to any hospitals, clinics or other similar health care providers which have rendered treatment to plaintiff(s) with respect to any condition pre-existing or preceding the events complained of in the Complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have caused any increase in the sequela of those injuries or conditions allegedly resulting from the events complained of in the within action. PLEASE TAKE FURTHER NOTICE that with respect to Items (a), (b), (c) , (d), (e), (f), (g), and (h), the authorizations to be provided shall state the approximate period or periods that such services were rendered, as well as the complete name and address of the provider. PLEASE TAKE FURTHER NOTICE that upon your failure to comply with this demand, an appropriate motion will be made seeking an Order compelling the production of the aforesaid and in addition, a motion will be made to preclude plaintiff(s) upon the trial of the within action from offering evidence or testifying as to any of the conditions which are referred to in said reports, records or examinations demanded herein. 8. DEMAND FOR COLLATERAL SOURCES PLEASE TAKE FURTHER NOTICE that the undersigned hereby demands that you produce: A verified statement setting forth the amounts claimed by the plaintiff(s) for the cost of: a) medical care; b) dental care; c) custodial care; d) rehabilitation services; e) loss of earnings; and, f) any other economic loss. FURTHER, it is demanded that the plaintiff(s) list and identify in a verified statement and provide duly executed and acknowledged authorizations directed to each and every collateral source including, but not limited to, insurance, no-fault, social security, disability. Workers’ Compensation or employee benefit programs, Medicare health insurance (including said claim number), setting 11 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 forth the names, addresses and policy numbers of the providers of such collateral sources as well as the amounts paid and the dates paid. PLEASE TAKE FURTHER NOTICE that submission to the undersigned of duly executed authorizations and true and conformed certified copies of the items demanded herein at any time prior to the date set forth for such discovery and inspection will be deemed compliance with this demand provided it is accompanied by a verified statement as to the accuracy thereof. PLEASE TAKE FURTHER NOTICE that if this notice is not complied with, an application will be made for the imposition of appropriate sanctions and to compel compliance with this notice. 9. DEMAND FOR DISCOVERY OF INSURANCE POLICIES PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to CPLR 3101(f), that you produce all policies of insurance, between plaintiff and the insurance company, including excess, umbrella and/or catastrophe insurance, applicable to the within occurrence, as well as copies of any claims made by the plaintiff under the policy which may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. PLEASE TAKE FURTHER NOTICE that a copy of the face sheet of the insurance policy and/or a letter on your stationery setting forth limits of liability will suffice in lieu of production of the insurance agreement above requested. If any of the insurers who issued the above-referenced policy have disclaimed coverage, in whole or in part, or are defending under a reservation of rights, please so state and provide a true copy of said disclaimer of coverage or reservation of rights. PLEASE TAKE FURTHER NOTICE that upon your failure to produce the insurance agreement or a statement as to coverage, a motion may be made for discovery and inspection and costs may be requested. 12 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 PLEASE TAKE FURTHER NOTICE that the foregoing are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to these demands. 10. DEMAND FOR DISCOVERY AND INSPECTION OF PROOF OF LOSS AND CORRESPONDENCE PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to Article 31 of the CPLR, that you produce and provide copies of any and all correspondence including (but not limited to) proof of loss between plaintiff and his insurance carrier or representative regarding damage and repairs to plaintiff’s vehicle as a result of the accident alleged in the complaint. 11. DEMAND FOR DISCOVERY AND INSPECTION OF INSPECTIONS AND APPRAISALS PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to Article 31 of the CPLR, that you produce and provide copies of all inspections, appraisals, evaluations regarding damage and repairs to plaintiff’s vehicle as a result of the accident alleged in the complaint. 12. DEMAND FOR DISCOVERY OF BILLS, ESTIMATES AND RECEIPTS PLEASE TAKE FURTHER NOTICE that the undersigned demands, pursuant to Article 31 of the CPLR, that you produce and provide copies of: bills, receipts and inventories regarding plaintiff's purchase prior to the alleged damage of each and every item of property alleged to have been damaged, destroyed and/or lost; all estimates, bills and receipts of all repairs, cleaning, and restoration done to each and every item alleged to have been damaged, destroyed and/or lost; all bills, receipts, inventories and estimates regarding temporary, permanent, substitute and replacement cost of any item of property allegedly damaged, destroyed and/or lost; all estimates, bills and receipts regarding temporary, permanent, substitute and replacement lodging. 13 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 13. DEMAND FOR EMPLOYMENT AND INCOME VERIFICATION PLEASE TAKE FURTHER NOTICE that if a claim for lost earnings or diminution of earning capacity is being made, the undersigned demands that you produce the following: I) If the plaintiff(s) was not self-employed, duly executed and acknowledged original, written authorizations directed to the last employer prior to the date of accident/occurrence and the first employer subsequent to the date of accident/occurrence so as to permit the securing of plaintiff’s entire personnel/performance record including records regarding wages attendance, original job application and medical records. ii) If plaintiff(s) was self-employed, it is demanded that the undersigned by supplied with a properly completed and executed IRS Form 4506 authorization the IRS to release plaintiff’s full income tax returns for a period of five (5) years preceding the accident and/or occurrence in question and to date. PLEASE TAKE FURTHER NOTICE that the foregoing combined demand is a continuing demand. In the event any of the above items are obtained after service of this demand or service of a response hereto, they are to be furnished to the undersigned forthwith. PLEASE TAKE FURTHER NOTICE, that your failure to comply herewith will result in an application by the undersigned to the Court for the appropriate relief and sanctions now or at the time of trial herein. Dated: Jericho, New York April 27, 2022 Yours, etc. McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP Maureen Quinn _____________________________________ By: MAUREEN QUINN Attorneys for Defendants THOMAS NAIMING YIM and MILLWORK SPECIALTY, INC. 30 Jericho Executive Plaza, Suite 400-C Jericho, New York 11753 516-741-6266 File No.: 22-SAH-226 MQ MQUINN@mcmflaw.com 14 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 TO: ABEND & SILBER, PLLC Attorneys for Plaintiff 432 Park Avenue S. 9th Floor New York, New York 10016 (212) 532-7575 15 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 22-SAH-226 MQ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X MARGARET MARY CLAIRE LEO, Index No: 161118/2021 Plaintiff, NOTICE TO TAKE DEPOSITION UPON -against- ORAL EXAMINATION THOMAS NAIMING YIM and MILLWORK SPECIALTY INC., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of all adverse parties, 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 the offices of McCabe, Collins, McGeough, Fowler, Levine & Nogan, LLP, 30 Jericho Executive Plaza, Suite 400C, Jericho, New York on the 27TH day of, June 2022, at 10:00 o'clock in the forenoon of that day with respect to evidence material and necessary in the defense of this action: All of the relevant facts and circumstances in connection with the incident which allegedly occurred on the 23RD day of July 2021, including negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: Any and all records, reports, memoranda and other writings relevant to the subject matter of the instant action. Dated: Jericho, New York April 27, 2022 Yours, etc. McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP Maureen Quinn _____________________________________ By: MAUREEN QUINN Attorneys for Defendants THOMAS NAIMING YIM and 16 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 MILLWORK SPECIALTY, INC. 30 Jericho Executive Plaza, Suite 400-C Jericho, New York 11753 516-741-6266 File No.: 22-SAH-226 MQ MQUINN@mcmflaw.com TO: ABEND & SILBER, PLLC Attorneys for Plaintiff 432 Park Avenue S. 9th Floor New York, New York 10016 (212) 532-7575 17 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 22-SAH-226 MQ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X MARGARET MARY CLAIRE LEO, Index No: 161118/2021 Plaintiff, -against- NOTICE FOR DISCOVERY AND INSPECTION THOMAS NAIMING YIM and MILLWORK SPECIALTY INC., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that the undersigned defendant pursuant to CPLR Article 31, by MCCABE, COLLINS, MCGEOUGH, FOWLER, LEVINE & NOGAN, LLP., hereby requests production of the following documents, records, authorizations and/or things, or true copies thereof, in the custody, possession or control of the parties to this action, for the purpose of inspecting, copying, testing or photographing. Said production to be made at the office of the undersigned at 30 Jericho Executive Plaza, Suite 400C, Jericho, New York 1172311514 within twenty (20) days of the date hereof, at 9:30 A.M. or at such other place or time upon which the parties to this action may mutually agree: 1. The name and address of the titled owner of the vehicle that was involved in subject accident on July 23, 2021; 2. The license plate number of the vehicle that was involved in the subject accident on July 23, 2021; 3. A copy of any video surveillance footage depicting the subject accident; 4. Copies of any of still photographs depicting the subject accident; 5. A copy of plaintiff's MV-104 and any Incident Reports generated with regard to the subject accident; 18 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 6. Photographs of damage to the vehicles involved in the subject accident; 7. Estimates, invoices and repair records for the damages to the plaintiff's motor vehicle; 8. A copy of the plaintiff's car phone, mobile or cellular phone records from the car phone, mobile or cellular phone service that was utilized on the date of accident which is the subject of this litigation, including a record and charges of all calls made on the date of accident which is the subject of this lawsuit and is to include any photographs taken from a cell phone. PLEASE TAKE FURTHER NOTICE that the foregoing combined demand is a continuing demand. In the event any of the above items are obtained after service of this demand or service of a response hereto, they are to be furnished to the undersigned forthwith. PLEASE TAKE FURTHER NOTICE, that your failure to comply herewith will result in an application by the undersigned to the Court for the appropriate relief and sanctions now or at the time of trial herein. Dated: Jericho, New York April 27, 2022 Yours, etc. McCABE, COLLINS, McGEOUGH, FOWLER, LEVINE & NOGAN, LLP Maureen Quinn _____________________________________ By: MAUREEN QUINN Attorneys for Defendants THOMAS NAIMING YIM and MILLWORK SPECIALTY, INC. 30 Jericho Executive Plaza, Suite 400-C Jericho, New York 11753 516-741-6266 File No.: 22-SAH-226 MQ MQUINN@mcmflaw.com TO: ABEND & SILBER, PLLC Attorneys for Plaintiff 432 Park Avenue S. 9th Floor New York, New York 10016 (212) 532-7575 19 of 46 FILED: NEW YORK COUNTY CLERK 04/28/2022 02:56 PM INDEX NO. 161118/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 04/28/2022 22-SAH-226 MQ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X MARGARET MARY CLAIRE LEO, Index No: 161118/2021 Plaintiff, NOTICE FOR DISCOVERY AND INSPECTION RELATED TO PRIOR/SUBSEQUENT -against- ACCIDENT/INJURIES AND/OR TREATMENT THOMAS NAIMING YIM and MILL WORK SPECIALTY INC., Defendants. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that pursuant to the applicable sections and rules of the CPLR, you are hereby required to produce at the office of the undersigned, within 20 days from the date hereof, the following: REGARDING PLAINTIFF'S PRIOR ACCIDENTS AND/OR SUBSEQUENT ACCIDENT INJURY AND/OR TREATMENT AND/OR INJURY IN WHICH PLAINTIFF SOUGHT TREATMENT OR TESTING TO THE SAME BODY PART OR PARTS OF HER BODY INJURED IN THE SUBJECT ACCIDENT 1. Duly executed, written, original authorizations including complete name, address, patient number and any other pertinent and/or identifying information for the following records: