Preview
INDEX NO. 161011/2014
(FILED: NEW YORK COUNTY CLERK 0172372015 03:57 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/23/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eee en nnn nen nn nn nen X Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
VERIFIED ANSWER
-against-
EMILIO CASTRO and "JOHN DOE",
Defendants.
ewe nen, one fae nennnnnns. -—-X
The defendant, EMILIO CASTRO, by his attorneys, PICCIANO & SCAHILL, P.C., as
and for his Verified Answer, hereby alleges as follows:
FIRST: Denies having knowledge or information sufficient to form a belief as to
each and every allegation set forth in paragraphs enumerated "1", "5", "9",
SECOND: Denies each and every allegation set forth in paragraphs enumerated
m3" 4M Mg MH RBM IQ",
AS AND FOR A FIRST SEPARATE AND
DISTI AFFIRMATIVE DEFENSE
THIRD: The Plaintiff has failed to obtain personal jurisdiction over the defendant,
EMILIO CASTRO.
AS AND FOR A SECOND SEPARATE AND
D: (CT AFFIRMATIVE DE
FOURTH: Tf it be determined that the Plaintiff failed to use available seat belts
and/or harness, defendant pleads said fact as an absolute defense on the issue of liability
and in mitigation of damages.
AS AND FOR A THIRD SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
FIFTH: That whatever damages, personal or property, or wrongful death Plaintiff
may have sustained, if any, at the time and place alleged in the complaint, or any
amendments thereto, if not caused in whole by the carelessness, negligence,
assumption of risk and culpable conduct of the plaintiff, MILAGROS ROMERO, and/or
plaintiff's intestate, were then caused for the most part by the carelessness, negligence,
culpable conduct and want of care on the part of the plaintiff, MILAGROS ROMERO,
and/or plaintiffs intestate; and, if any carelessness, negligence or culpable conduct
upon the part of defendant caused or contributed to such injury or wrongful death, such
on the part of defendant bore only a slight proportion to the entire negligence,
carelessness and culpable conduct attributable to both plaintiff and defendant in
causing the accident and any resulting injury.
AS AND FOR A FOURTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
SIXTH: In the event Plaintiff recover a verdict or judgment against this defendant,
then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those
amounts which have been, or will, with reasonable certainty, replace or indemnify
Plaintiff, in whole or in part, for any past or future claimed economic toss, from any
collateral source such as insurance, social security, workers’ compensation or employee
benefits programs.
AS AND FOR A FIFTH SEPARATE AND
~ DISTINCT AFFIRMATIVE DEFENSE
SEVENTH: The accident described in the Compiaint did not result in a “serious
injury” to Plaintiff as so defined in and by Section 5102(d) of the Insurance Law of the
State of New York, and as such, Plaintiff had and has no right to institute, maintain or
prosecute this action and is barred from doing so.
The Plaintiff did not sustain serious injury as defined by Section 5102(d) and her
exclusive remedy therefore is confined and limited to the benefits and provisions of Article
51 of the Insurance Law of the State of New York.
AS AND FOR A SIXTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
EIGHTH: The plaintiff's claims are barred by the emergency doctrine. Due to
sudden and unexpected actions of the plaintiff, co-defendant, as yet unidentified party, or
other emergency, the defendant was left without time to contemplate or weigh alternative
courses of action and therefore cannot reasonably be held to the standard of care
required of one who has had a full opportunity to reflect and therefore was not negligent.
AS AND FOR A SEVENTH SEPARATE AND
DISTIN TIVE DEFENSE
NINTH: The plaintiff's cause of action is barred and/or non-actionable pursuant
to the provisions of the New York State Workers’ Compensation Law, Sections 11 and
29.
AS AND FOR A EIGHTH SEPARATE AND
DISTINCT AFFIRMATIVE DEFENSE
TENTH: The plaintiff’s claim ts barred by the Statute of Limitations.
WHEREFORE, the defendant, EMILIO CASTRO, demands judgment dismissing the
complaint herein together with the costs and disbursements of this action.
DATED: Westbury, New York
January 22, 2015
JOHN F, PICCIANO, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Claim No. 32 0Q32 384
TO! HARMON, LINDER & ROGOWSKY, ESQS.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-. -. -—X Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
DEMAND FOR BILL
-against- OF PARTICULA
EMILIO CASTRO and "JOHN DOE",
Defendants,
- - a=. -X
PLEASE TAKE NOTICE, that the Defendant, EMILIO CASTRO, hereby demands that
you serve upon the undersigned within thirty (30) days after the date service is made
upon you of this notice, a Verified Bill of Particulars, setting forth in detail the following:
1 The age, date of birth, social security number and post office address for
the plaintiff(s).
2 The date and approximate time of day of the subject occurrence.
3 The location of the alleged occurrence in sufficient detail to permit ready
identification.
4. The manner in which the subject accident occurred.
5 A detailed statement of the acts and/or omissions constituting the
negligence claimed against (the) (each) defendant(s).
6 If any violation of any statute, law, ordinance, rule, regulation or code is
claimed to have been violated by the answering defendant(s), identifying same by article,
section and paragraph numbers.
7. Whether it is claimed that the defendant(s) had actual or constructive notice
of any alleged defective condition.
8. Tf actual notice is claimed, set forth the date and to whom notice was given;
if constructive notice is claimed, set forth the length of time it is alleged said condition
existed.
9 A statement of all personal injuries claimed to have been sustained as a
result of the occurrence, and the nature and extent thereof.
10. A statement of such injuries claimed to be permanent and the nature and
extent thereof,
il The length of time
confined to a hospital, giving the name and address of said hospital
confined to bed
confined to house/home;
totally disabled
partially disabled; and
12. Occupation(s) of the plaintiff(s), setting forth
name of employer;
address of employer.
dates incapacitated from employment
average weekly salary at the time of the accident; and
loss of earnings.
If plaintiff is a student, set forth
a Name of school attended
b, Address;
c Dates of absence,
13 Separately state the amounts claimed as special damages
physician's services;
medical supplies;
hospital charges;
x-ray expenses;
hurse services,
loss of earnings; and
other expenses (itemize).
14. State if any of the amounts in answer to Paragraph "13" have been
paid_under coverage afforded by the Comprehensive Automobile Insurance Reparation
Act. b. The amount of such payment. List each item separately. c. Name of insurance
company making such payment and the claim number thereof.
15. State in what respect plaintiff(s) will claim to have sustained (1) a "serious
injury" and (2) economic loss greater than "basic economic loss", as is required and
defined under the Insurance Law, Section 5102(a) and (b)
16 State whether it is claimed that any pre-existing condition or injury,
including neurological disturbance, psychiatric condition or physical condition of the
plaintiff(s) has/have been aggravated as a result of the occurrence. If so: (1) specify
each pre-existing condition/injury that has been aggravated; and (2) state the manner in
which each such condition/injury has been aggravated.
17. State whether the vehicle in which the plaintiff(s) was/were a(n)
occupant(s) was equipped with a lap seat, chest or shoulder harness; and indicate
whether the plaintiff(s) was/were wearing said device at the time of the accident.
18. Where applicable, a detailed statement of plaintiffs(') automobile damage
setting forth:
itemized cost of repair or replacement;
make, style, model, year of manufacture, serial number and license
number of plaintiff's(') automobile;
claimed market value immediately prior to accident;
length of time plaintiff(s) was/were deprived of said automobile and
the nature and amount of money damages claimed therefore.
the parts of the motor vehicle alleged to have been damaged and
the cost of repair or replacement.
f
date of purchase and original cost.
19. Set forth a description and itemization of all other alleged personal property
damage.
20. If loss of services is claimed, set forth a detailed description of said loss of
services, including the length of time the plaintiff(s) claim(s) deprived of same.
DATED: Westbury, New York
January 22, 2015
JOHN F. PICCIANO, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO CASTRO
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Claim No. 32 0Q32 384
TO: HARMON, LINDER & ROGOWSKY, ESQS.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
meee en tment ner Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
COMBINED DEMAND
-against- FOR DISCOVERY
AND INSPECTION
EMILIO CASTRO and "JOHN DOE",
Defendants.
tsetse
em one nnn ae penne x
PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120 and the applicable
rules of this Court, the defendant hereby demands that the Plaintiff serve upon and
produce at the offices of PICCIANO & SCAHILL, P.C., 900 Merchants Concourse,
Westbury, New York 11590, at 10:00 o'clock in the forenoon on February 23, 2015, for
discovery and inspection, photographing and copying the following:
1 The names and addresses of each person claimed by any party you
represent, to be a witness to any of the following:
a the occurrence alleged in the complaint;
b any acts, omissions or conditions which allegedly caused the
occurrence alleged in the complaint;
any actual notice allegedly given to the defendant(s) or any
employee of defendant(s) of any condition which allegedly caused
the occurrence alleged in the complaint;
the nature and duration of any condition which allegedly caused or
contributed to the occurrence set forth in the complaint;
the_condition_of. the scene_during. and immediately following. the
subject occurrence, including the position of the vehicles, where
applicable;
any post-accident statements/admissions made by or on behalf of
the defendant(s).
the physical and mental conditions of, and the location of, the
parties, during and immediately following the subject occurrence.
The undersigned will object upon the trial of this matter as to the testimony of any
witness not specifically identified herein.
2 Each and every statement made by or on behalf of the defendant(s),
his/her/their agents, servants, and/or employees, now in your possession, custody or
control, or in the possession, custody or control of any party you represent in this action.
3 The names and addresses of all treating physicians, chiropractors and
physio-therapists.
4. Copies of the medical reports of all physicians who have treated, examined
or x-rayed the party seeking recovery for the condition, disease or injury which is the
subject of this action or any prior related condition, disease or injury, whether or not such
physician will testify at the trial hereof; identifying those x-rays and technicians’ reports
which will be offered at trial, including reports of any prior related condition, disease or
injury.
5 Duly executed, acknowledged, and original, HIPAA compliant, authorizations
permitting the undersigned to obtain and make copies of all hospital records, including x-
rays and technicians’ reports as may be referred to and identified in any statements of the
examined party's physicians.
6 a. Duly executed, acknowledged and original, HIPAA Compliant,
authorizations permitting the undersigned or their representatives to examine and make
copies of the office records of all physicians and others who examined, attended, cared
for and treated the plaintiff(s) for the injury(ies) and condition(s) and aggravation(s) for
which damages are claimed in this lawsuit, including actual x-rays, MRI, CT scans, test
data and interpretations, consultations, diagnoses, prognoses and medical history.
b. Duly executed, acknowledged and original authorizations permitting
the undersigned or their representatives to examine and make copies of records of all
physicians, hospitals and others who examined, attended, cared for and treated the
injured plaintiff(s) prior to the alleged occurrence involved in this lawsuit for injuries and
conditions to the same parts of the body allegedly injured in said occurrence.
7. All photographs, audiotape, dvds, motion pictures, slides, videotape,
and/or surveillance in plaintiff’s(’). possession depicting:
a the scene of the occurrence, including the subject intersection and/or
roadway;
any alleged defective conditions, as they existed at and/or
immediately following the time of the subject occurrence;
any vehicle allegedly involved in the subject occurrence, both prior
and subsequent to the accident;
d any injury of the plaintiff(s).
8 If loss of earnings or income from any self-employment source are claimed
herein, provide copies of the plaintiffs(') Federal Income Tax returns for the three years
prior to the year in which the accident is alleged to have occurred, the year of, and the
year following the alleged accident.
9 If not self-employed, provide duly executed, acknowledged and original
authorizations permitting the undersigned to obtain copies of all W-2 forms, payroll and
time ledgers. This demand is made regardless of whether there is a claim for lost wages.
10. If a claim has been presented to any municipal or governmental agency or
body in connection with the alleged occurrence which forms the basis of this lawsuit,
provide copies of the notice of claim filed on plaintiffs(") behalf as well as the full and
complete record of any and all hearings and depositions held before such body or agency
in regard to such claim.
11. Duly executed, acknowledged and current and original authorizations for
Worker's Compensation records including all reports of health care providers.
12. Duly executed and acknowledged authorizations from (the) (each) plaintiff
permitting the undersigned or their representatives to examine and make copies of the
no-fault file maintained by any person or entity arising out of any claim for no-fault
benefits relative to the occurrence herein; provide the subject no-fault file and claim
number.
13. Duly executed, acknowledged and original authorizations for all Social
Security records, including but not limited to, applications, awards and findings pertaining
to benefits paid to plaintiff(s) and/or plaintiffs(’) decedent(s).
14. Pursuant to CPLR §3101(d), provide the following:
a the name and address of each expert witness expected to be called
at the time of trial;
b the subject matter upon which each expert is expected to testify;
C the substance of the facts and opinions. on which each expert is
expected to testify;
d. the qualifications of each expert witness;
e. a summary of the grounds for each expert's opinion.
15. If plaintiff(s) sustained any prior or subsequent injury or condition which is
similar or related to the injuries being alleged in the present matter, provide the following:
a Authorizations to allow defendant(s) to obtain all medical records,
hospital records, x-rays, MRI scans and technical and diagnostic reports directed to any
hospital, clinic or other health care facility in which the injured plaintiff is or was treated or
confined.
b. Names and addresses of all physicians or other health care providers
of every description who have consulted, examined, or treated plaintiff for any
prior/subsequent injuries or conditions.
¢. Authorizations to allow defendant(s) to obtain all medical records of
each physician provider enumerated in (b), if such has not been provided.
d Copies of all medical reports received from any and all
physician(s)/provider(s) enumerated in (a), (b) or (c).
€ Authorizations to allow defendant(s) to obtain complete
pharmacy/drug store records with respect to all drugs prescribed to plaintiff.
f
Authorizations to allow defendant(s) to obtain the complete legal file
relating to any and all said pre-existing conditions, and related prior or subsequent injury,
including ali pleadings, Bill of Particulars, deposition transcripts, medical, diagnostic and
no-fault records.
16. If plaintiffs) is/are claiming any disabilities following the occurrence,
provide duly executed, acknowledged and original authorizations permitting the
undersigned or their representatives to examine and make copies of plaintiff's’)
employment records and/or school records which relate to attendance, medical history,
treatment and examinations by all physicians, nurses, hospitals and others.
17. Pursuant to CPLR §4545, copies of any and all books, records, bills,
insurance applications, insurance receipts, checks, cancelled checks and any and all other
records pertaining to collateral source reimbursements received by plaintiff(s) or on behalf
of plaintiff(s) for the special damages alleged in the instant lawsuit.
18. The names and addresses of all attorneys and parties who have appeared in
this action.
19. Provide the index number and name of assigned judge, if applicable.
Non-compliance with any of the foregoing demands shall form the basis of a
motion for preclusion, and objection upon the trial of this matter, as to any evidence or
information not provided.
PLEASE TAKE FURTHER NOTICE, that each of the foregoing demands shall be
deemed to be continuing up to, and including the trial of this action.
It shall be deemed sufficient compliance with the foregoing demands if the
information and photocopies of the documents requested are served by mail upon the
undersigned and received prior to the date specified above, and provided that all
authorizations are in full compliance with all Federal HIPAA requirements as to form and
substance.
DATED: Westbury, New York
January 22, 2015
JOHN F. PICCIANO, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO CASTRO
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Claim No, 32 0Q32 384
TO HARMON, LINDER & ROGOWSKY, ESQS.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
en ee enna nnttiimmnnnnnen xX Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
DEMAND FOR MEDICARE/
-against- MEDICAID INFORMATION
EMILIO CASTRO and "JOHN DOE",
Defendants.
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PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC
§1395 (b) (8) (A), the undersigned attorneys for defendant, EMILIO CASTRO, hereby
demands that plaintiff furnish within thirty (30) days of service of this notice the
following:
1 A statement as to whether the plaintiff(s) has/have received benefits from
either Medicare or Medicaid at any time, for any reason, not limited to the injuries
alleged in the instant action. If so, please state and/or provide:
Plaintiff's(’) full name;
Plaintiff’s(‘) gender;
Plaintiff’s(‘) date of birth;
Plaintiff's(’) Social Security number;
Plaintiff's residence telephone number;
The Health Insurance Claim Number and/or Medicare/Medicaid file
number;
The address of the office handling the plaintiff’s(’) Medicare and/or
Medicaid file;
A duly executed authorization bearing plaintiffs date of birth and
Social Security number permitting this firm and/or the
representatives of defendant(s) to obtain copies of plaintiff’s(’)
Medicare and/or Medicaid records.
2. State whether Medicare and/or Medicaid has a lien and the amount of any
such lien.
3 Provide copies of all documents, records, memoranda, notes, etc., in
plaintiff’s(‘) possession pertaining to plaintiff’s(’) receipt of Medicare and/or Medicaid
benefits, including copies of all documents provided to or received from the Medicare
and/or Medicaid administrator.
4 If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist,
please provide a copy of the claim summary from Medicare and/or Medicaid regarding
those claims.
5 If Plaintiff has/have not received Medicare and/or Medicaid benefits in the
past or is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is
eligible to receive Medicare and/or Medicaid benefits.
6 Tf Plaintiff has/nave been receiving Medicare and/or Medicaid benefits and
is now deceased, please provide the following:
a Relationship of the administrator of plaintiff’s(’) estate to
plaintiff's decedent;
b Name and address of plaintiff's administrator;
¢. Telephone number and/or e-mail address of _ plaintiff’s(’)
administrator;
d Social Security number of plaintiffs administrator;
e An authorization to examine and copy deceased’s Medicare and/or
Medicaid records.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing
demand and that you are required to serve the demanded information within thirty (30)
days of the date of this demand.
If you do not possess the above-requested information, an Affidavit to that effect
should be submitted.
PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand for
Medicare/Medicaid information may result in the necessity of a motion to compel
discovery accompanied by a request for the appropriate costs.
DATED: Westbury, New York
January 22, 2015
JOHN F. PICCIANO, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO. CASTRO
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Claim No. 32 0Q32 384
TO HARMON, LINDER & ROGOWSKY, ESQS.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ee eee renee nee een ene nenenennennnencne Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
DEMAND FOR
-against- SOCIAL MEDIA
INFORMATION
EMILIO CASTRO and "JOHN DOE",
Defendants.
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nn nnn
PLEASE TAKE NOTICE, that pursuant to §3120 of the CPLR you are hereby
required to furnish to the undersigned authorizations to obtain full access to and copies
of all plaintiffs current and historical Facebook, Twitter, MySpace, and LinkedIn
accounts for the period of (1) one year prior to the date of joss, in this matter to the
present. (see Romano v. Steelcase, Inc., 2006-2233 (Suffolk Co., Sup. Ct., September
21, 2010); and Servelli v. Westchester, 2007-19051 (Westchester Sup. Ct., December
22, 2010),
1 Authorizations shall permit the release and complete copies of said
accounts including but not limited to: all records, information, photographs, videos,
comments, messages and posting on Facebook, Twitter, MySpace, and LinkedIn
accounts.
2 Authorizations shall include the name, username, screen name and e-mail
account used in creating each and every Facebook, Twitter, MySpace, and LinkedIn
account.
3. The authorizations shall allow access to the requested records and shall be
directed to the following:
LinkedIn Corporation
Attn:_Legal._ Department
2029 Stierlin Court
Mountain View, CA 94043
Facebook
Attn: Security Department
1601 South California Avenue
Palo Alto, CA 94304
Twitter, Inc.
c/o Trust & Safety
795 Folsom Street, Suite 600
San Francisco, CA 94107
MySpace
2121 Avenue of the Stars, Suite 700
Los Angeles, CA 90067
(Authorization must specify the friend ID for the account, the password associated with
the account, the user’s zip code, and the birth date)
PLEASE TAKE FURTHER NOTICE, that said authorizations are to be produced on
February 23, 2015, at the offices of Picciano & Scahill, P.C., 900 Merchants Concourse,
Suite 310, Westbury, New York 11590.
In lieu of producing said items at the office of the undersigned, said
authorizations may be submitted by mail to the undersigned before the return date of
the within Notice.
If plaintiff was not a registered user of Facebook, Twitter, MySpace and/or
LinkedIn during the requested time period, defendant demands a statement from
plaintiff, under oath, to that effect.
PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid
item(s) at the time and place required in this Notice, a motion will be made to the Court
for the appropriate relief with costs.
DATED: Westbury, New York
January 22, 2015
JOHN F. PICCIANO, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO CASTRO
900.Merchants.Concourse, Suite .310.
Westbury, New York 11590
(516) 294-5200
Claim No. 32 0Q32 384
TO. HARMON, LINDER & ROGOWSKY, ESQS.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
nn eee nn eee eee eee nee nena eum enneenenesenes, X Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
NOTICE TO TAKE
-against- DEPOSITION UPON
RAL EXAMINATION
EMILIO CASTRO and "JOHN DOE",
Defendants.
a= - mennnnao anaes X
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules the testimony, upon oral examination of the Plaintiff whose address) is c/o her
attorney, 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 the Supreme Court, New York County, on
March 23, 2015, at 10:00 o'clock in the forenoon of that day with respect to evidence
material necessary in the defense of this action:
All of the relevant facts and circumstances in connection with the accident which
occurred on December 22, 2011, including negligence, contributory negligence, liability
and damages.
DATED: Westbury, New York
January 22, 2015
JOHN F. PICCIANO, ESQ.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO CASTRO
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
Claim No, 32 0Q32 384
TO HARMON, LINDER & ROGOWSKY, ESQS.
Attorneys for Plaintiff
3 Park Avenue, Suite 2300
New York, New York 10016
(212) 732-3665
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ann ncn enn tnmtinmnmnn nn xX Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
EMILIO CASTRO and "JOHN DOE",
Defendants.
w+ - aeemnnn enemas: a
The undersigned, an attorney duly admitted to practice law in the Courts of the
State of New York, affirms the following:
That deponent is the attorney for the Defendant, EMILIO CASTRO, and has read
the Answer and Discovery Demands and knows the contents thereof.
That the same is true to deponent’s knowledge.
The deponent further states that this verification is being made by deponent and
not by Defendant because Defendant resides outside of the county wherein deponent
maintains offices.
The grounds of your deponent's knowledge is based on the subject file, etc.
DATED: Westbury, New York
January 22, 2015
JOHN F. PICCIANO
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
Index No. 161011/14
ROMERO MILAGROS,
Plaintiff,
-against-
EMILIO CASTRO and "JOHN DOE",
Defendants.
VERIFIED ANSWER AND DISCOVERY DEMANDS
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO CASTRO
900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
ATTORNEY CERTIFICATION
Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that upon information and belief and responsible inquiry, the contentions contained in the annexed
documents are not frivolous.
Dated: January 22, 2015
JOHN F. PICCIANO, ESQ.
Please take notice
0 Notice of entry
that the within is a (certified) true copy of a duly entered in the office of the clerk of the within
named court on
ONotice of Settlement
that an order “ of which the within is a true copy will be presented for settlement to the HON.
one of the judges of the within named court, at on
Dated: Westbury, New York
Yours, etc.
PICCIANO & SCAHILL, P.C.
Attorneys for Defendant
EMILIO CASTRO
To: All Parties 900 Merchants Concourse, Suite 310
Westbury, New York 11590
(516) 294-5200
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INDEX NO. 161011/2014 (FILED: NEW YORK COUNTY CLERK 0172372015 03:57 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 01/23/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eee en nnn nen nn nn nen X Index No. 161011/14 ROMERO MILAGROS, Plaintiff, VERIFIED ANSWER -against- EMILIO CASTRO and "JOHN DOE", Defendants. ewe nen, one fae nennnnnns. -—-X The defendant, EMILIO CASTRO, by his attorneys, PICCIANO & SCAHILL, P.C., as and for his Verified Answer, hereby alleges as follows: FIRST: Denies having knowledge or information sufficient to form a belief as to each and every allegation set forth in paragraphs enumerated "1", "5", "9", SECOND: Denies each and every allegation set forth in paragraphs enumerated m3" 4M Mg MH RBM IQ", AS AND FOR A FIRST SEPARATE AND DISTI AFFIRMATIVE DEFENSE THIRD: The Plaintiff has failed to obtain personal jurisdiction over the defendant, EMILIO CASTRO. AS AND FOR A SECOND SEPARATE AND D: (CT AFFIRMATIVE DE FOURTH: Tf it be determined that the Plaintiff failed to use available seat belts and/or harness, defendant pleads said fact as an absolute defense on the issue of liability and in mitigation of damages. AS AND FOR A THIRD SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE FIFTH: That whatever damages, personal or property, or wrongful death Plaintiff may have sustained, if any, at the time and place alleged in the complaint, or any amendments thereto, if not caused in whole by the carelessness, negligence, assumption of risk and culpable conduct of the plaintiff, MILAGROS ROMERO, and/or plaintiff's intestate, were then caused for the most part by the carelessness, negligence, culpable conduct and want of care on the part of the plaintiff, MILAGROS ROMERO, and/or plaintiffs intestate; and, if any carelessness, negligence or culpable conduct upon the part of defendant caused or contributed to such injury or wrongful death, such on the part of defendant bore only a slight proportion to the entire negligence, carelessness and culpable conduct attributable to both plaintiff and defendant in causing the accident and any resulting injury. AS AND FOR A FOURTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE SIXTH: In the event Plaintiff recover a verdict or judgment against this defendant, then said verdict or judgment must be reduced pursuant to CPLR 4545(c) by those amounts which have been, or will, with reasonable certainty, replace or indemnify Plaintiff, in whole or in part, for any past or future claimed economic toss, from any collateral source such as insurance, social security, workers’ compensation or employee benefits programs. AS AND FOR A FIFTH SEPARATE AND ~ DISTINCT AFFIRMATIVE DEFENSE SEVENTH: The accident described in the Compiaint did not result in a “serious injury” to Plaintiff as so defined in and by Section 5102(d) of the Insurance Law of the State of New York, and as such, Plaintiff had and has no right to institute, maintain or prosecute this action and is barred from doing so. The Plaintiff did not sustain serious injury as defined by Section 5102(d) and her exclusive remedy therefore is confined and limited to the benefits and provisions of Article 51 of the Insurance Law of the State of New York. AS AND FOR A SIXTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE EIGHTH: The plaintiff's claims are barred by the emergency doctrine. Due to sudden and unexpected actions of the plaintiff, co-defendant, as yet unidentified party, or other emergency, the defendant was left without time to contemplate or weigh alternative courses of action and therefore cannot reasonably be held to the standard of care required of one who has had a full opportunity to reflect and therefore was not negligent. AS AND FOR A SEVENTH SEPARATE AND DISTIN TIVE DEFENSE NINTH: The plaintiff's cause of action is barred and/or non-actionable pursuant to the provisions of the New York State Workers’ Compensation Law, Sections 11 and 29. AS AND FOR A EIGHTH SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE TENTH: The plaintiff’s claim ts barred by the Statute of Limitations. WHEREFORE, the defendant, EMILIO CASTRO, demands judgment dismissing the complaint herein together with the costs and disbursements of this action. DATED: Westbury, New York January 22, 2015 JOHN F, PICCIANO, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 Claim No. 32 0Q32 384 TO! HARMON, LINDER & ROGOWSKY, ESQS. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -. -. -—X Index No. 161011/14 ROMERO MILAGROS, Plaintiff, DEMAND FOR BILL -against- OF PARTICULA EMILIO CASTRO and "JOHN DOE", Defendants, - - a=. -X PLEASE TAKE NOTICE, that the Defendant, EMILIO CASTRO, hereby demands that you serve upon the undersigned within thirty (30) days after the date service is made upon you of this notice, a Verified Bill of Particulars, setting forth in detail the following: 1 The age, date of birth, social security number and post office address for the plaintiff(s). 2 The date and approximate time of day of the subject occurrence. 3 The location of the alleged occurrence in sufficient detail to permit ready identification. 4. The manner in which the subject accident occurred. 5 A detailed statement of the acts and/or omissions constituting the negligence claimed against (the) (each) defendant(s). 6 If any violation of any statute, law, ordinance, rule, regulation or code is claimed to have been violated by the answering defendant(s), identifying same by article, section and paragraph numbers. 7. Whether it is claimed that the defendant(s) had actual or constructive notice of any alleged defective condition. 8. Tf actual notice is claimed, set forth the date and to whom notice was given; if constructive notice is claimed, set forth the length of time it is alleged said condition existed. 9 A statement of all personal injuries claimed to have been sustained as a result of the occurrence, and the nature and extent thereof. 10. A statement of such injuries claimed to be permanent and the nature and extent thereof, il The length of time confined to a hospital, giving the name and address of said hospital confined to bed confined to house/home; totally disabled partially disabled; and 12. Occupation(s) of the plaintiff(s), setting forth name of employer; address of employer. dates incapacitated from employment average weekly salary at the time of the accident; and loss of earnings. If plaintiff is a student, set forth a Name of school attended b, Address; c Dates of absence, 13 Separately state the amounts claimed as special damages physician's services; medical supplies; hospital charges; x-ray expenses; hurse services, loss of earnings; and other expenses (itemize). 14. State if any of the amounts in answer to Paragraph "13" have been paid_under coverage afforded by the Comprehensive Automobile Insurance Reparation Act. b. The amount of such payment. List each item separately. c. Name of insurance company making such payment and the claim number thereof. 15. State in what respect plaintiff(s) will claim to have sustained (1) a "serious injury" and (2) economic loss greater than "basic economic loss", as is required and defined under the Insurance Law, Section 5102(a) and (b) 16 State whether it is claimed that any pre-existing condition or injury, including neurological disturbance, psychiatric condition or physical condition of the plaintiff(s) has/have been aggravated as a result of the occurrence. If so: (1) specify each pre-existing condition/injury that has been aggravated; and (2) state the manner in which each such condition/injury has been aggravated. 17. State whether the vehicle in which the plaintiff(s) was/were a(n) occupant(s) was equipped with a lap seat, chest or shoulder harness; and indicate whether the plaintiff(s) was/were wearing said device at the time of the accident. 18. Where applicable, a detailed statement of plaintiffs(') automobile damage setting forth: itemized cost of repair or replacement; make, style, model, year of manufacture, serial number and license number of plaintiff's(') automobile; claimed market value immediately prior to accident; length of time plaintiff(s) was/were deprived of said automobile and the nature and amount of money damages claimed therefore. the parts of the motor vehicle alleged to have been damaged and the cost of repair or replacement. f date of purchase and original cost. 19. Set forth a description and itemization of all other alleged personal property damage. 20. If loss of services is claimed, set forth a detailed description of said loss of services, including the length of time the plaintiff(s) claim(s) deprived of same. DATED: Westbury, New York January 22, 2015 JOHN F. PICCIANO, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO CASTRO 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 Claim No. 32 0Q32 384 TO: HARMON, LINDER & ROGOWSKY, ESQS. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK meee en tment ner Index No. 161011/14 ROMERO MILAGROS, Plaintiff, COMBINED DEMAND -against- FOR DISCOVERY AND INSPECTION EMILIO CASTRO and "JOHN DOE", Defendants. tsetse em one nnn ae penne x PLEASE TAKE NOTICE, that pursuant to CPLR §§3101 and 3120 and the applicable rules of this Court, the defendant hereby demands that the Plaintiff serve upon and produce at the offices of PICCIANO & SCAHILL, P.C., 900 Merchants Concourse, Westbury, New York 11590, at 10:00 o'clock in the forenoon on February 23, 2015, for discovery and inspection, photographing and copying the following: 1 The names and addresses of each person claimed by any party you represent, to be a witness to any of the following: a the occurrence alleged in the complaint; b any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; any actual notice allegedly given to the defendant(s) or any employee of defendant(s) of any condition which allegedly caused the occurrence alleged in the complaint; the nature and duration of any condition which allegedly caused or contributed to the occurrence set forth in the complaint; the_condition_of. the scene_during. and immediately following. the subject occurrence, including the position of the vehicles, where applicable; any post-accident statements/admissions made by or on behalf of the defendant(s). the physical and mental conditions of, and the location of, the parties, during and immediately following the subject occurrence. The undersigned will object upon the trial of this matter as to the testimony of any witness not specifically identified herein. 2 Each and every statement made by or on behalf of the defendant(s), his/her/their agents, servants, and/or employees, now in your possession, custody or control, or in the possession, custody or control of any party you represent in this action. 3 The names and addresses of all treating physicians, chiropractors and physio-therapists. 4. Copies of the medical reports of all physicians who have treated, examined or x-rayed the party seeking recovery for the condition, disease or injury which is the subject of this action or any prior related condition, disease or injury, whether or not such physician will testify at the trial hereof; identifying those x-rays and technicians’ reports which will be offered at trial, including reports of any prior related condition, disease or injury. 5 Duly executed, acknowledged, and original, HIPAA compliant, authorizations permitting the undersigned to obtain and make copies of all hospital records, including x- rays and technicians’ reports as may be referred to and identified in any statements of the examined party's physicians. 6 a. Duly executed, acknowledged and original, HIPAA Compliant, authorizations permitting the undersigned or their representatives to examine and make copies of the office records of all physicians and others who examined, attended, cared for and treated the plaintiff(s) for the injury(ies) and condition(s) and aggravation(s) for which damages are claimed in this lawsuit, including actual x-rays, MRI, CT scans, test data and interpretations, consultations, diagnoses, prognoses and medical history. b. Duly executed, acknowledged and original authorizations permitting the undersigned or their representatives to examine and make copies of records of all physicians, hospitals and others who examined, attended, cared for and treated the injured plaintiff(s) prior to the alleged occurrence involved in this lawsuit for injuries and conditions to the same parts of the body allegedly injured in said occurrence. 7. All photographs, audiotape, dvds, motion pictures, slides, videotape, and/or surveillance in plaintiff’s(’). possession depicting: a the scene of the occurrence, including the subject intersection and/or roadway; any alleged defective conditions, as they existed at and/or immediately following the time of the subject occurrence; any vehicle allegedly involved in the subject occurrence, both prior and subsequent to the accident; d any injury of the plaintiff(s). 8 If loss of earnings or income from any self-employment source are claimed herein, provide copies of the plaintiffs(') Federal Income Tax returns for the three years prior to the year in which the accident is alleged to have occurred, the year of, and the year following the alleged accident. 9 If not self-employed, provide duly executed, acknowledged and original authorizations permitting the undersigned to obtain copies of all W-2 forms, payroll and time ledgers. This demand is made regardless of whether there is a claim for lost wages. 10. If a claim has been presented to any municipal or governmental agency or body in connection with the alleged occurrence which forms the basis of this lawsuit, provide copies of the notice of claim filed on plaintiffs(") behalf as well as the full and complete record of any and all hearings and depositions held before such body or agency in regard to such claim. 11. Duly executed, acknowledged and current and original authorizations for Worker's Compensation records including all reports of health care providers. 12. Duly executed and acknowledged authorizations from (the) (each) plaintiff permitting the undersigned or their representatives to examine and make copies of the no-fault file maintained by any person or entity arising out of any claim for no-fault benefits relative to the occurrence herein; provide the subject no-fault file and claim number. 13. Duly executed, acknowledged and original authorizations for all Social Security records, including but not limited to, applications, awards and findings pertaining to benefits paid to plaintiff(s) and/or plaintiffs(’) decedent(s). 14. Pursuant to CPLR §3101(d), provide the following: a the name and address of each expert witness expected to be called at the time of trial; b the subject matter upon which each expert is expected to testify; C the substance of the facts and opinions. on which each expert is expected to testify; d. the qualifications of each expert witness; e. a summary of the grounds for each expert's opinion. 15. If plaintiff(s) sustained any prior or subsequent injury or condition which is similar or related to the injuries being alleged in the present matter, provide the following: a Authorizations to allow defendant(s) to obtain all medical records, hospital records, x-rays, MRI scans and technical and diagnostic reports directed to any hospital, clinic or other health care facility in which the injured plaintiff is or was treated or confined. b. Names and addresses of all physicians or other health care providers of every description who have consulted, examined, or treated plaintiff for any prior/subsequent injuries or conditions. ¢. Authorizations to allow defendant(s) to obtain all medical records of each physician provider enumerated in (b), if such has not been provided. d Copies of all medical reports received from any and all physician(s)/provider(s) enumerated in (a), (b) or (c). € Authorizations to allow defendant(s) to obtain complete pharmacy/drug store records with respect to all drugs prescribed to plaintiff. f Authorizations to allow defendant(s) to obtain the complete legal file relating to any and all said pre-existing conditions, and related prior or subsequent injury, including ali pleadings, Bill of Particulars, deposition transcripts, medical, diagnostic and no-fault records. 16. If plaintiffs) is/are claiming any disabilities following the occurrence, provide duly executed, acknowledged and original authorizations permitting the undersigned or their representatives to examine and make copies of plaintiff's’) employment records and/or school records which relate to attendance, medical history, treatment and examinations by all physicians, nurses, hospitals and others. 17. Pursuant to CPLR §4545, copies of any and all books, records, bills, insurance applications, insurance receipts, checks, cancelled checks and any and all other records pertaining to collateral source reimbursements received by plaintiff(s) or on behalf of plaintiff(s) for the special damages alleged in the instant lawsuit. 18. The names and addresses of all attorneys and parties who have appeared in this action. 19. Provide the index number and name of assigned judge, if applicable. Non-compliance with any of the foregoing demands shall form the basis of a motion for preclusion, and objection upon the trial of this matter, as to any evidence or information not provided. PLEASE TAKE FURTHER NOTICE, that each of the foregoing demands shall be deemed to be continuing up to, and including the trial of this action. It shall be deemed sufficient compliance with the foregoing demands if the information and photocopies of the documents requested are served by mail upon the undersigned and received prior to the date specified above, and provided that all authorizations are in full compliance with all Federal HIPAA requirements as to form and substance. DATED: Westbury, New York January 22, 2015 JOHN F. PICCIANO, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO CASTRO 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 Claim No, 32 0Q32 384 TO HARMON, LINDER & ROGOWSKY, ESQS. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK en ee enna nnttiimmnnnnnen xX Index No. 161011/14 ROMERO MILAGROS, Plaintiff, DEMAND FOR MEDICARE/ -against- MEDICAID INFORMATION EMILIO CASTRO and "JOHN DOE", Defendants. --+ eee ane. - aa wennan PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC §1395 (b) (8) (A), the undersigned attorneys for defendant, EMILIO CASTRO, hereby demands that plaintiff furnish within thirty (30) days of service of this notice the following: 1 A statement as to whether the plaintiff(s) has/have received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state and/or provide: Plaintiff's(’) full name; Plaintiff’s(‘) gender; Plaintiff’s(‘) date of birth; Plaintiff's(’) Social Security number; Plaintiff's residence telephone number; The Health Insurance Claim Number and/or Medicare/Medicaid file number; The address of the office handling the plaintiff’s(’) Medicare and/or Medicaid file; A duly executed authorization bearing plaintiffs date of birth and Social Security number permitting this firm and/or the representatives of defendant(s) to obtain copies of plaintiff’s(’) Medicare and/or Medicaid records. 2. State whether Medicare and/or Medicaid has a lien and the amount of any such lien. 3 Provide copies of all documents, records, memoranda, notes, etc., in plaintiff’s(‘) possession pertaining to plaintiff’s(’) receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrator. 4 If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist, please provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims. 5 If Plaintiff has/have not received Medicare and/or Medicaid benefits in the past or is not receiving Medicare and/or Medicaid benefits now, state whether plaintiff is eligible to receive Medicare and/or Medicaid benefits. 6 Tf Plaintiff has/nave been receiving Medicare and/or Medicaid benefits and is now deceased, please provide the following: a Relationship of the administrator of plaintiff’s(’) estate to plaintiff's decedent; b Name and address of plaintiff's administrator; ¢. Telephone number and/or e-mail address of _ plaintiff’s(’) administrator; d Social Security number of plaintiffs administrator; e An authorization to examine and copy deceased’s Medicare and/or Medicaid records. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information within thirty (30) days of the date of this demand. If you do not possess the above-requested information, an Affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE that failure to comply with this Demand for Medicare/Medicaid information may result in the necessity of a motion to compel discovery accompanied by a request for the appropriate costs. DATED: Westbury, New York January 22, 2015 JOHN F. PICCIANO, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO. CASTRO 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 Claim No. 32 0Q32 384 TO HARMON, LINDER & ROGOWSKY, ESQS. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ee eee renee nee een ene nenenennennnencne Index No. 161011/14 ROMERO MILAGROS, Plaintiff, DEMAND FOR -against- SOCIAL MEDIA INFORMATION EMILIO CASTRO and "JOHN DOE", Defendants. mn nnn nnn anne n enn nee ener nn nnn PLEASE TAKE NOTICE, that pursuant to §3120 of the CPLR you are hereby required to furnish to the undersigned authorizations to obtain full access to and copies of all plaintiffs current and historical Facebook, Twitter, MySpace, and LinkedIn accounts for the period of (1) one year prior to the date of joss, in this matter to the present. (see Romano v. Steelcase, Inc., 2006-2233 (Suffolk Co., Sup. Ct., September 21, 2010); and Servelli v. Westchester, 2007-19051 (Westchester Sup. Ct., December 22, 2010), 1 Authorizations shall permit the release and complete copies of said accounts including but not limited to: all records, information, photographs, videos, comments, messages and posting on Facebook, Twitter, MySpace, and LinkedIn accounts. 2 Authorizations shall include the name, username, screen name and e-mail account used in creating each and every Facebook, Twitter, MySpace, and LinkedIn account. 3. The authorizations shall allow access to the requested records and shall be directed to the following: LinkedIn Corporation Attn:_Legal._ Department 2029 Stierlin Court Mountain View, CA 94043 Facebook Attn: Security Department 1601 South California Avenue Palo Alto, CA 94304 Twitter, Inc. c/o Trust & Safety 795 Folsom Street, Suite 600 San Francisco, CA 94107 MySpace 2121 Avenue of the Stars, Suite 700 Los Angeles, CA 90067 (Authorization must specify the friend ID for the account, the password associated with the account, the user’s zip code, and the birth date) PLEASE TAKE FURTHER NOTICE, that said authorizations are to be produced on February 23, 2015, at the offices of Picciano & Scahill, P.C., 900 Merchants Concourse, Suite 310, Westbury, New York 11590. In lieu of producing said items at the office of the undersigned, said authorizations may be submitted by mail to the undersigned before the return date of the within Notice. If plaintiff was not a registered user of Facebook, Twitter, MySpace and/or LinkedIn during the requested time period, defendant demands a statement from plaintiff, under oath, to that effect. PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid item(s) at the time and place required in this Notice, a motion will be made to the Court for the appropriate relief with costs. DATED: Westbury, New York January 22, 2015 JOHN F. PICCIANO, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO CASTRO 900.Merchants.Concourse, Suite .310. Westbury, New York 11590 (516) 294-5200 Claim No. 32 0Q32 384 TO. HARMON, LINDER & ROGOWSKY, ESQS. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK nn eee nn eee eee eee nee nena eum enneenenesenes, X Index No. 161011/14 ROMERO MILAGROS, Plaintiff, NOTICE TO TAKE -against- DEPOSITION UPON RAL EXAMINATION EMILIO CASTRO and "JOHN DOE", Defendants. a= - mennnnao anaes X PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of the Plaintiff whose address) is c/o her attorney, 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 the Supreme Court, New York County, on March 23, 2015, at 10:00 o'clock in the forenoon of that day with respect to evidence material necessary in the defense of this action: All of the relevant facts and circumstances in connection with the accident which occurred on December 22, 2011, including negligence, contributory negligence, liability and damages. DATED: Westbury, New York January 22, 2015 JOHN F. PICCIANO, ESQ. PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO CASTRO 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 Claim No, 32 0Q32 384 TO HARMON, LINDER & ROGOWSKY, ESQS. Attorneys for Plaintiff 3 Park Avenue, Suite 2300 New York, New York 10016 (212) 732-3665 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ann ncn enn tnmtinmnmnn nn xX Index No. 161011/14 ROMERO MILAGROS, Plaintiff, ATTORNEY'S -against- VERIFICATION EMILIO CASTRO and "JOHN DOE", Defendants. w+ - aeemnnn enemas: a The undersigned, an attorney duly admitted to practice law in the Courts of the State of New York, affirms the following: That deponent is the attorney for the Defendant, EMILIO CASTRO, and has read the Answer and Discovery Demands and knows the contents thereof. That the same is true to deponent’s knowledge. The deponent further states that this verification is being made by deponent and not by Defendant because Defendant resides outside of the county wherein deponent maintains offices. The grounds of your deponent's knowledge is based on the subject file, etc. DATED: Westbury, New York January 22, 2015 JOHN F. PICCIANO SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 161011/14 ROMERO MILAGROS, Plaintiff, -against- EMILIO CASTRO and "JOHN DOE", Defendants. VERIFIED ANSWER AND DISCOVERY DEMANDS PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO CASTRO 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200 ATTORNEY CERTIFICATION Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that upon information and belief and responsible inquiry, the contentions contained in the annexed documents are not frivolous. Dated: January 22, 2015 JOHN F. PICCIANO, ESQ. Please take notice 0 Notice of entry that the within is a (certified) true copy of a duly entered in the office of the clerk of the within named court on ONotice of Settlement that an order “ of which the within is a true copy will be presented for settlement to the HON. one of the judges of the within named court, at on Dated: Westbury, New York Yours, etc. PICCIANO & SCAHILL, P.C. Attorneys for Defendant EMILIO CASTRO To: All Parties 900 Merchants Concourse, Suite 310 Westbury, New York 11590 (516) 294-5200