Preview
INDEX NO. 805402/2014
FILED: NEWYORK COUNTY CLERK 01/06/2015 03:59 PM
NYSCEF DOC. NO} 9 RECEIVED NYSCEF: 01/06/2015
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF NEW YORK
pane nena aa anne. anna. nanan. mene Index No.: 80542/2014
ELLEN BRENNAN,
Plaintiff/, DEMAND FOR HIPAA
- against - COMPLIANT
AUTHORIZATIONS
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
= annenn: eonenee: -- aen=X,
SIRS:
PLEASE TAKE NOTICE that, we request that on February 6, 2015 at 10:00 a.m.,
lyou produce at our office:
a) Pursuant to CPLR 3121, duly executed authorizations to enable the
undersigned to obtain copies of relevant records of hospitals and
physicians from whom plaintiff received care and treatment at the time
of the alleged negligence or malpractice and prior and subsequent thereto.
@) Pursuant to CPLR Section 4546, a duly executed written original
authorization on IRS Form 4506, to enable the undersigned to obtain
copies of income tax records of the plaintiff for five years prior to the
date of the alleged negligence or malpractice and for all years in which
income tax returns have been filed subsequent to the date of the
alleged malpractice.
G3) Pursuant to CPLR 3121, duly executed authorizations to enable the
undersigned to obtain copies of any and all records referable to the
plaintiff maintained by any and all collateral source payors and other
health care cost payors and reimbursers.
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing
demand, and that any failure to comply fully and completely with this demand at present, or ina
timely fashion throughout the duration of this litigation as responsive information subsequently
becomes known or available to plaintiffs) and/or plaintiffs' counsel, will be deemed the basis for
a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims
herein.
1299015.1
In lieu of a personal appearance to produce the requested authorizations, it will be
acceptable that they be mailed to us provided that they are received not later than February 6,
2015.
IDated: White Plains, New York
January 6, 2015
Yours, etc.
Garrett P. Lewis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiffs)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299015.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
|on-nnnnnnnnnnnnn nnn nme nn nn ne nnn enn ne meme enn en nnn nna nnn anne nn mnennnennan nes: Index No.: 80542/2014
IELLEN BRENNAN,
Plaintiff/, DEMAND FOR EXPERT
- against - WITNESS INFORMATION
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
IPRESBY TERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
wee =. anaen. =. =X
SIRS:
PLEASE TAKE NOTICE that, pursuant to CPLR §3101(d)(1)G), Thomas v,
Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dep’t 2002), Muniz v. Our Lady of Mercy
Medical Center, 2003 NY Slip Op 50910U; 2003 N.Y. Misc. LEXIS 617 (Sup. Ct. Bx. Cty. May
7, 2003), and Scher v. St-Lukes-Roosevelt Hospital, N.Y.L.J. Jan. 28, 2003, at 18, col. 4 (Sup.
Ct. New York Cty.), HEIDELL, PITTONI, MURPHY & BACH, LLP, as attorneys for defendant
NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New
York-Presbyterian Healthcare System, Inc., hereby demands that you disclose, within 20 days
of receipt of this demand, the following:
1 The identity of each expert whom you expect to call as a witness at trial.
2. The qualifications, in reasonable detail, of each expert, including
a. educational background, including
1 The undergraduate school(s) attended by such expert(s),
with year of graduation;
I. The medical school{s) attended by such expert with year of
graduation;
iii internship(s) with dates of attendance;
lv. residency(ies), with dates of attendance;
fellowship(s), with years of attendance;
1299021.1
publications, including
1 The title of any text authored, contributed to, or edited by
the expert(s), with appropriate citation, including
q) Name of publication;
@) Volume number;
GB) Date or other appropriate identifying matter;
memberships in professional organizations and societies;
board certifications, including
1, The name of the certifying board, and
ii. The year of the certification;
medical license(s), all, state and foreign;
areas of specialty and subspecialty practice;
employers, past and present;
hospital affiliations, past and present;
academic appointments, past and present;
total number and frequency each year expert treats the condition at
issue and last occasion expert treated the medical condition or
conditions at issue;
total number and frequency each year expert is deemed qualified to
offer opinion testimony during legal proceedings and last occasion
expert was deemed so qualified;
total number and frequency each year expert is deemed qualified to
offer opinion testimony during legal proceedings, and last occasion
expert was deemed so qualified, regarding the medical condition or
conditions and theory or theories of causation at issue.
3 The subject matter, in reasonable detail, upon which each expert is
expected to testify.
1299021.1
4. The substance, in reasonable detail, of the opinions and conclusions to
which each expert is expected to testify.
5 A summary, in reasonable detail, of the grounds for each expert's opinion,
including:
a summary of the facts upon which the expert will rely in
formulating his/her opinions and conclusions;
the source or sources of the expert's knowledge concerning such
facts, including, but not limited to, records, reports, statistics,
studies, surveys, test results, analyses, models, photographs; and
all other documents, materials, or oral communications relied upon
by the expert which provide the basis for his/her opinions.
PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand,
land objection will be taken and an order ofpreclusion sought regarding the expert opinion
testimony of any witness not identified as demanded herein.
Dated: White Plains, New York
January 6, 2015
Yours, etc.,
Garrett P. Lewis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO: Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299021.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
| aa nnn en ee Index No.: 80542/2014
IELLEN BRENNAN,
Plaintiff/, : DEMAND FOR EXPERT
- against - WITNESS INFORMATION
ICHOLAS MORRISSEY, M.D., THE NEW YORK AND
IPRESBY TERIAN HOSPITAL AND NEW YORK-
IPRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
|_---aa nanan nnn ee en!
SIRS
PLEASE TAKE NOTICE that, pursuant to CPLR §3101(d)(1)(i), Thomas v.
Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dep’t 2002), Muniz v. Our Lady of Mercy
Mi edical Center, 2003 NY Slip Op 50910U; 2003 N.Y. Misc. LEXIS 617 (Sup. Ct. Bx. Cty. May
7, 2003), and Scher v. St-Lukes-Roosevelt Hospital, N.Y.L.J. Jan. 28, 2003, at 18, col. 4 (Sup.
Ct. New York Cty.), HEIDELL, PITTONI, MURPHY & BACH, LLP, as attorneys for defendant
INECHOLAS MORRISSEY, M.D. hereby demands that you disclose, within 20 days of receipt
of this demand, the following:
1 The identity of each expert whom you expect to call as a witness at trial.
2 The qualifications, in reasonable detail, of each expert, including
a. educational background, including
1 The undergraduate school(s) attended by such expert(s),
with year of graduation;
IL The medical school(s) attended by such expert with year of
graduation;
iii. internship(s) with dates of attendance;
IV. residency(ies), with dates of attendance;
Vv. fellowship(s), with years of attendance;
publications, including
1299022.1
The title of any text authored, contributed to, or edited by
the expert(s), with appropriate citation, including
qd) Name of publication;
(2) Volume number;
@) Date or other appropriate identifying matter;
memberships in professional organizations and societies;
board certifications, including
1, The name of the certifying board, and
ii. The year of the certification;
medical license(s), all, state and foreign;
areas of specialty and subspecialty practice;
employers, past and present;
hospital affiliations, past and present;
academic appointments, past and present;
total number and frequency each year expert treats the condition at
issue and last occasion expert treated the medical condition or
conditions at issue;
total number and frequency each year expert is deemed qualified to
offer opinion testimony during legal proceedings and last occasion
expert was deemed so qualified;
total number and frequency each year expert is deemed qualified to
offer opinion testimony during legal proceedings, and last occasion
expert was deemed so qualified, regarding the medical condition or
conditions and theory or theories of causation at issue.
3 The subject matter, in reasonable detail, upon which each expert is
expected to testify.
4. The substance, in reasonable detail, of the opinions and conclusions to
‘which each expert is expected to testify.
1299022.1
5 A summary, in reasonable detail, of the grounds for each expert's opinion,
including:
a summary of the facts upon which the expert will rely in
formulating his/her opinions and conclusions;
the source or sources of the expert's knowledge conceming such
facts, including, but not limited to, records, reports, statistics,
studies, surveys, test results, analyses, models, photographs; and
all other documents, materials, or oral communications relied upon
by the expert which provide the basis for his/her opinions.
PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand,
land objection will be taken and an order of preclusion sought regarding the expert opinion
testimony of any witness not identified as demanded herein.
Dated: White Plains, New York
January 6, 2015
Yours, etc.,
Garrett P wis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299022.1
SUPREME COURT OF THE STATE OF NEW YORK
(COUNTY OF NEW YORK
ponent aa penne —. aoe penneX Index No.: 80542/2014
ELLEN BRENNAN,
Plaintiff; DEMAND FOR
- against - ECONOMIC/PSYCHOLOGIS
EXPERT WITNESS
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND INFORMATION
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant.
eeee anne: pone nnn nn. panne pone anaeX
SIRS:
PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to
CPLR Section 3101(d) to produce:
(a) The name(s) of any and allpersons plaintiff expects to call as
economic/psychologist witnesses at the time of trial of the above
captioned action, and
) A detailed written statement as to:
1, The subject matter on which each expert is expected to testify;
i. The substance of the facts and opinions on which each expert is
expected to testify;
iii The qualifications of each expert witness; and
iv. A summary of the grounds for each expert’s opinion;
Identify the materials, including but not limited to, statistical
data, scientific professional literature, periodicals and journals,
raw data testing, which the expert received, used, considered or
relied upon to formulate the expert’s opinion. Provide a copy
of said materials which duplication process will be paid for by
the defendant or defendant’s counsel.
1299063.1
PLEASE TAKE FURTHER NOTICE, that failure to comply with the said
demand within twenty (20) days from the date herein will result in a motion for appropriate
relief.
(Dated: White Plains, New York
January 6, 2015
Yours, etc.,
Garrett P. Lewis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO: Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299063.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-- = - -- aatnn. none X Index No.: 80542/2014
ELLEN BRENNAN,
Plaintifi/, :
- against - CPLR §4545 DEMAND
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
=. anne ne =. anne. - -- xX
SIRS:
PLEASE TAKE NOTICE that, pursuant to Section 4545 of the CPLR,
defendants, Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New
York And Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc.,
demands that on or about February 6, 2014, plaintiff(s) is to serve a verified statement, setting
forth:
1. Whether plaintiff has been reimbursed or indemnified for economic loss
claimed in this action from any collateral source:
a. If the answer to the foregoing is in the affirmative, state for which of such
claims plaintiff has received payment, the amount thereof and the name
and address of the person, firm or organization who made such payment.
If such payment was made by an insurance company, state the number of
the policy under which paid.
2. Whether plaintiff has made claim for payment for economic loss which has not
as yet been paid.
a. If the answer to the foregoing is in the affirmative, state the name of the
person, firm or organization to whom such claim was presented, the date
of presentation and the amount claimed.
Tf such claim was presented to an insurance company, state the number of
the policy under which same was made.
1299058.1
PLEASE TAKE FURTHER NOTICE, that plaintiffs are required to provide a
copy of the policies in effect for each collateral source provider.
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing
demand, and that any failure to comply fully and completely with this demand at present, or ina
timely fashion throughout the duration of this litigation as responsive information subsequently
becomes known or available to plaintiff(s) and/or plaintiffs' counsel, will be deemed the basis for
a motion to preciude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims
herein.
Dated: White Plains, New York
January 6, 2015
Yours, etc.,
Garrett P ewis, E:
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO! Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiffs)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299058.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
onnn nen n enna nnn nn er nee enn enna nn nnne meee: Index No.: 80542/2014
IELLEN BRENNAN,
Plaintiff/, NOTICE TO PRODUCE
~ against - MEDICARE/MEDICAID
LIEN INFORMATION
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. ‘
|_---. a pen eeneeee: penne eennnn. --. xX
SIRS:
PLEASE TAKE NOTICE that, demand is hereby made upon the plaintiffs to
produce for inspection and/or obtain the following pursuant to CPLR Article 31 to serve upon
ithe offices of HEIDELL, PITTONI, MURPHY & BACH, LLP, the attorneys for defendants :
1 A sworn statement as to whether plaintiffs have received benefits from
Medicare at any time, for any reason, not limited to the injuries and treatment alleged in the
present action. If so, demand is further made that plaintiffs provide the following:
a. Plaintiff's date of birth;
b, Plaintiff's Social Security Number;
The Medicare file and/or identification number;
The name and address of the office handling the Medicare file; and
Copies of all documents in the possession of plaintiff or
his/her attorneys relating to plaintiff’s/decedent’s receipt of
Medicare benefits, including, but not limited to, claim forms,
accompanying checks sent by Medicare, lien papers, and all other
papers received from Medicare or the Agency handling the
Medicare claim; and
A duly executed HIPAA compliant authorization bearing
plaintiff’s/decedent’s date of birth and social security number
and the Medicare file number permitting HEIDELL, PITTONI,
1299061.1
MURPHY & BACH, LLP, or its designee to obtain copies of
plaintiff's Medicare records.
2 A sworn statement as to whether plaintiff/s have received benefits from
Medicaid at any time, for any reason, not limited to the injuries and treatment alleged in the
present action. If so, demand is further made that plaintiff provide the following:
a. Plaintiffs’ date of birth;
db. Plaintiffs Social Security Number;
The Medicaid file and/or identification number;
The name and address of the office handling the Medicaid file; and
Copies of all documents in the possession of plaintiff or
his/her attorneys relating to plaintiff’ s/decedent’s receipt of
Medicaid benefits, including, but not limited to, claim forms,
accompanying checks sent by Medicaid, lien papers, and all other
papers received from Medicaid or the Agency holding the
Medicaid claim; and
A duly executed HIPAA compliant authorization bearing
plaintiff’s/decedent’s date of birth and social security number
and the Medicaid file number, permitting HEIDELL, PITTONI,
MURPHY & BACH, LLP or its designee to obtain copies of
plaintiff's Medicaid records.
PLEASE TAKE FURTHER NOTICE, the foregoing demands are continuing. In
the event any of the above items are obtained after services of this demand they are to be
furnished to this office within thirty (30) days of receipt by the plaintiffs, co-defendant, or their
respective attorneys.
PLEASE TAKE FURTHER NOTICE, that if the demanded information is now
known, it must be so stated in a sworn reply. This defendant will object at the time of trial to the
testimony of any witness not supplied in accordance with this demand and will take all steps
permitted by the CPLR to preserve its rights as to all other demands.
1299061.1
PLEASE TAKE FURTHER NOTICE that, compliance can be made by
forwarding a copy of these documents through the United States Postal Services within the time
allowed.
Dated: White Plains, New York
January 6, 2015
Yours, etc.
Garrett P. Lewis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attomeys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO! Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299061.1
SUPREME COURT OF THE STATE OF NEW YORK
ICOUNTY OF NEW YORK
Joanna a a ane
ee ee xX Index No.: 80542/2014
IELLEN BRENNAN,
Plaintiff/,
- against - REQUEST FOR
IDENTITY OF WITNESSES
ICHOLAS MORRISSEY, M.D., THE NEW YORK AND AND NOTICE TO PRODUCE
IPRESBY TERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendan
| a nae ee — a
SIRS
PLEASE TAKE NOTICE that, pursuant to CPLR 3101(a) demand is hereby
Imade, within twenty (20) days of receipt hereof, plaintiff furnish a verified statement setting
forth the names and addresses of persons:
1 Who were present during any conversations between any
defendants and plaintiff.
Who were present when any care and treatment was rendered by
any defendants to plaintiff.
Who had any conversations with any defendant relative to the care,
treatment or condition of the plaintiff.
4 Who plaintiff claims to be a witness to the occurrence herein.
[NOTE: The term defendants, as used herein, is intended to include
not only the party against whom the action is brought, but
also agents, employees and representatives.]
If none of the above are known, a verified statement to that effect is requested.
This is a continuing demand and, in the event that witnesses become known, identification is to
be furnished forthwith.
PLEASE TAKE FURTHER NOTICE that, demand is hereby made for
production, within twenty (20) days of any writings or statements received by or in the
possession of plaintiff or plaintiff's representatives:
1299065.1
1 From or made by our client.
2. From or made by any other party hereto.
3 For copies of writings from plaintiff directed to our
client or any other party hereto.
PLEASE TAKE FURTHER NOTICE, that this demand shall include production
of any diaries, including but not limited to memorandum or notes maintained by the plaintiff or
someone within the control of the plaintiff with respect to events pertaining to the claims made in
this lawsuit.
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing
demand, and that any failure to comply fully and completely with this demand at present, or in a
timely fashion throughout the duration of this litigation as responsive information subsequently
becomes known or available to plaintiff(s) and/or plaintiffs' counsel, will be deemed the basis for
a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims
herein.
Dated: White Plains, New York
January 6, 2015
Yours, etc.,
Garrett P. Lewis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
1299065.1
TO Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299065.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
anne. pannnne pan nennnnn
nn nn nn, = aon Index No.: 80542/2014
ELLEN BRENNAN,
Plaintiff/,
- against - DEMAND FOR MEDICARE
AND SOCIAL SECURITY
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND DISABILITY INFORMATION
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
a ttannen nnn mennmnn nena mnnastiuittentiiiintite cence ne nnnnenne en eeeenenne nnn nena
SIRS
PLEASE TAKE NOTICE that in order for the defendants, Nicholas Morrissey,
M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital
And New York-Presbyterian Healthcare System, Inc. to comply with the mandatory rules and
regulations promulgated under the Medicare Secondary Payer Mandatory Reporting
Provisions in Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42
U.S.C, 1395y(b)(7)(8), the undersigned hereby demands, that you provided the following
information in writing on the attached form provided by CMS for this reporting purpose, within
twenty (20) days of the service of this demand upon you.
a) Whether the person alleging an injury is now or has ever been a Medicare
beneficiary;
b) Full and complete first name and last name of the party or parties alleging an
injury;
°) Date(s) of birth of the party or parties alleging an injury;
d) Social Security number(s) of the party or parties alleging an injury;
e) Gender(s) of the party or parties alleging an injury
PLEASE TAKE FURTHER NOTICE that failure to produce the aforementioned
demands will result in a motion to the Court seeking the mandatory disclosure, pursuant to the
1299095,1
above cited federal rules and regulations and that failure to produce the demanded disclosure will
delay and/or prevent any resolution of the within action.
THE FOREGOING DEMAND IS A CONTINUING DEMAND IN THE EVENT
ANY OF THE ABOVE ITEMS ARE OBTAINED AFTER SERVICE OF THIS DEMAND
THEY ARE TO BE FURNISHED TO THIS OFFICE WITHIN TWENTY (20) OF RECEIPT
BY THE PLAINTIFF OR HIS ATTORNEY
Dated: White Plains, New York
January 6, 2015
Yours, etc.,
we?
Garrett P.wis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
‘TO: Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299095.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK.
ee manne: anne: eeannnsnne
nnn nin: —. -X Index No.: 80542/2014
ELLEN BRENNAN,
Plaintiff/, :
- against - CPLR § 3017(c) DEMAND
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
ana. pacenee. _ anne. none: mone: x
AS IRS:
PLEASE TAKE NOTICE that, pursuant to CPLR 3017(c), defendants, Nicholas
Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc.
request that a supplemental demand, setting forth the total damages to which the plaintiff deems
entitled in this action, be served upon the undersigned within twenty (20) days of the date of this
motice.
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a
continuing demand, and that any failure to comply fully and completely with this demand at
present, or in a timely fashion throughout the duration of this litigation as responsive information
subsequently becomes known or available to plaintiff(s) and/or plaintiffs’ counsel, will be
deemed the basis for a motion to preclude plaintiff(s) from adducing evidence at trial in support
of plaintiffs’ claims herein.
Dated: White Plains, New York
January 6, 2015
Yours, etc.
Garrett wis, E:
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
1299096.1
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299096.1
SUPREME COURT OF THE STATE OF NEW YORK
ICOUNTY OF NEW YORK.
wenn ee x Index No.: 80542/2014
ELLEN BRENNAN,
Plaintiff/ DEMAND FOR
- against - PARTY STATEMENTS
INICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. ,
eee nn ne ee en en een ene ner
SIRS
PLEASE TAKE NOTICE that, in accordance with the Civil Practice Law and
Rules, we request that February 6, 2015 at 10:00 a.m., you produce at our office any written
statements of the defendant NICHOLAS MORRISSEY, M.D.in written, recorded, electronic or
other form, that are in possession or control of plaintiff or plaintiff's agents, including counsel, to
include but not limited to any and all correspondence, emails, records, reports, films, prescription
slips, bills and informational materials obtained from or received by plaintiff from the defendant.
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing
demand, and that any failure to comply fully and completely with this demand at present, or in a
timely fashion throughout the duration of this litigation as responsive information subsequently
becomes known or available to plaintiff(s) and/or plaintiffs’ counsel, will be deemed the basis for
a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims
herein.
1299098.1
, 2014. In lieu of a personal appearance to produce the requested statements, it will be
acceptable that copies be mailed to us provided that they are received not later than February 6,
2015.
(Dated: White Plains, New York
January 6, 2015
Yours, etc.,
Garrett P. Lewis, Esq.
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff{s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
(718) 366-0464
1299098.1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
mene eee cen ne ee ne ee ee nn ee Index No,: 80542/2014
ELLEN BRENNAN,
Plaintiff/, DEMAND FOR
- against - PARTY STATEMENTS
NICHOLAS MORRISSEY, M.D., THE NEW YORK AND
PRESBYTERIAN HOSPITAL AND NEW YORK-
PRESBYTERIAN HEALTHCARE SYSTEM, INC.,
Defendant. :
ene en en re nee ener enna nena
SIRS:
PLEASE TAKE NOTICE that, in accordance with the Civil Practice Law and
Rules, we request that February 6, 2015 at 10:00 a.m., you produce at our office any written
statements of the defendant NewYork Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc. in written,
recorded, electronic or other form, that are in possession or control of plaintiff or plaintiff's
agents, including counsel, to include but not limited to any and all correspondence, emails,
records, reports, films, prescription slips, bills and informational materials obtained from or
received by plaintiff from the defendant.
PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing
demand, and that any failure to comply fully and completely with this demand at present, or in a
timely fashion throughout the duration of this litigation as responsive information subsequently
becomes known or available to plaintiff(s) and/or plaintiffs’ counsel, will be deemed the basis for
a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs' claims
herein.
1299100.1
, 2014. In lieu of a personal appearance to produce the requested statements, it will be
acceptable that copies be mailed to us provided that they are received not later than February 6,
2015.
Dated: White Plains, New York
January 6, 2015
Yours, etc,
Garrett P. Lewis,
HEIDELL, PITTONI, MURPHY & BACH, LLP
Attorneys for Defendant
Nicholas Morrissey, M.D. and NewYork
Presbyterian Hospital s/h/a The New York And
Presbyterian Hospital And New York-
Presbyterian Healthcare System, Inc.
Office & P.O. Address
81 Main Street
White Plains, New York 10601
(914) 559-3100
TO Abbott, Bushlow & Schechner, LLP
Attorneys for Plaintiff(s)
70-11 Fresh Pond Road
Ridgewood, NY 11385
Preview
INDEX NO. 805402/2014 FILED: NEWYORK COUNTY CLERK 01/06/2015 03:59 PM NYSCEF DOC. NO} 9 RECEIVED NYSCEF: 01/06/2015 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK pane nena aa anne. anna. nanan. mene Index No.: 80542/2014 ELLEN BRENNAN, Plaintiff/, DEMAND FOR HIPAA - against - COMPLIANT AUTHORIZATIONS INICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. : = annenn: eonenee: -- aen=X, SIRS: PLEASE TAKE NOTICE that, we request that on February 6, 2015 at 10:00 a.m., lyou produce at our office: a) Pursuant to CPLR 3121, duly executed authorizations to enable the undersigned to obtain copies of relevant records of hospitals and physicians from whom plaintiff received care and treatment at the time of the alleged negligence or malpractice and prior and subsequent thereto. @) Pursuant to CPLR Section 4546, a duly executed written original authorization on IRS Form 4506, to enable the undersigned to obtain copies of income tax records of the plaintiff for five years prior to the date of the alleged negligence or malpractice and for all years in which income tax returns have been filed subsequent to the date of the alleged malpractice. G3) Pursuant to CPLR 3121, duly executed authorizations to enable the undersigned to obtain copies of any and all records referable to the plaintiff maintained by any and all collateral source payors and other health care cost payors and reimbursers. PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand, and that any failure to comply fully and completely with this demand at present, or ina timely fashion throughout the duration of this litigation as responsive information subsequently becomes known or available to plaintiffs) and/or plaintiffs' counsel, will be deemed the basis for a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims herein. 1299015.1 In lieu of a personal appearance to produce the requested authorizations, it will be acceptable that they be mailed to us provided that they are received not later than February 6, 2015. IDated: White Plains, New York January 6, 2015 Yours, etc. Garrett P. Lewis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiffs) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299015.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK |on-nnnnnnnnnnnnn nnn nme nn nn ne nnn enn ne meme enn en nnn nna nnn anne nn mnennnennan nes: Index No.: 80542/2014 IELLEN BRENNAN, Plaintiff/, DEMAND FOR EXPERT - against - WITNESS INFORMATION INICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- IPRESBY TERIAN HEALTHCARE SYSTEM, INC., Defendant. : wee =. anaen. =. =X SIRS: PLEASE TAKE NOTICE that, pursuant to CPLR §3101(d)(1)G), Thomas v, Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dep’t 2002), Muniz v. Our Lady of Mercy Medical Center, 2003 NY Slip Op 50910U; 2003 N.Y. Misc. LEXIS 617 (Sup. Ct. Bx. Cty. May 7, 2003), and Scher v. St-Lukes-Roosevelt Hospital, N.Y.L.J. Jan. 28, 2003, at 18, col. 4 (Sup. Ct. New York Cty.), HEIDELL, PITTONI, MURPHY & BACH, LLP, as attorneys for defendant NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc., hereby demands that you disclose, within 20 days of receipt of this demand, the following: 1 The identity of each expert whom you expect to call as a witness at trial. 2. The qualifications, in reasonable detail, of each expert, including a. educational background, including 1 The undergraduate school(s) attended by such expert(s), with year of graduation; I. The medical school{s) attended by such expert with year of graduation; iii internship(s) with dates of attendance; lv. residency(ies), with dates of attendance; fellowship(s), with years of attendance; 1299021.1 publications, including 1 The title of any text authored, contributed to, or edited by the expert(s), with appropriate citation, including q) Name of publication; @) Volume number; GB) Date or other appropriate identifying matter; memberships in professional organizations and societies; board certifications, including 1, The name of the certifying board, and ii. The year of the certification; medical license(s), all, state and foreign; areas of specialty and subspecialty practice; employers, past and present; hospital affiliations, past and present; academic appointments, past and present; total number and frequency each year expert treats the condition at issue and last occasion expert treated the medical condition or conditions at issue; total number and frequency each year expert is deemed qualified to offer opinion testimony during legal proceedings and last occasion expert was deemed so qualified; total number and frequency each year expert is deemed qualified to offer opinion testimony during legal proceedings, and last occasion expert was deemed so qualified, regarding the medical condition or conditions and theory or theories of causation at issue. 3 The subject matter, in reasonable detail, upon which each expert is expected to testify. 1299021.1 4. The substance, in reasonable detail, of the opinions and conclusions to which each expert is expected to testify. 5 A summary, in reasonable detail, of the grounds for each expert's opinion, including: a summary of the facts upon which the expert will rely in formulating his/her opinions and conclusions; the source or sources of the expert's knowledge concerning such facts, including, but not limited to, records, reports, statistics, studies, surveys, test results, analyses, models, photographs; and all other documents, materials, or oral communications relied upon by the expert which provide the basis for his/her opinions. PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand, land objection will be taken and an order ofpreclusion sought regarding the expert opinion testimony of any witness not identified as demanded herein. Dated: White Plains, New York January 6, 2015 Yours, etc., Garrett P. Lewis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO: Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299021.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK | aa nnn en ee Index No.: 80542/2014 IELLEN BRENNAN, Plaintiff/, : DEMAND FOR EXPERT - against - WITNESS INFORMATION ICHOLAS MORRISSEY, M.D., THE NEW YORK AND IPRESBY TERIAN HOSPITAL AND NEW YORK- IPRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. : |_---aa nanan nnn ee en! SIRS PLEASE TAKE NOTICE that, pursuant to CPLR §3101(d)(1)(i), Thomas v. Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dep’t 2002), Muniz v. Our Lady of Mercy Mi edical Center, 2003 NY Slip Op 50910U; 2003 N.Y. Misc. LEXIS 617 (Sup. Ct. Bx. Cty. May 7, 2003), and Scher v. St-Lukes-Roosevelt Hospital, N.Y.L.J. Jan. 28, 2003, at 18, col. 4 (Sup. Ct. New York Cty.), HEIDELL, PITTONI, MURPHY & BACH, LLP, as attorneys for defendant INECHOLAS MORRISSEY, M.D. hereby demands that you disclose, within 20 days of receipt of this demand, the following: 1 The identity of each expert whom you expect to call as a witness at trial. 2 The qualifications, in reasonable detail, of each expert, including a. educational background, including 1 The undergraduate school(s) attended by such expert(s), with year of graduation; IL The medical school(s) attended by such expert with year of graduation; iii. internship(s) with dates of attendance; IV. residency(ies), with dates of attendance; Vv. fellowship(s), with years of attendance; publications, including 1299022.1 The title of any text authored, contributed to, or edited by the expert(s), with appropriate citation, including qd) Name of publication; (2) Volume number; @) Date or other appropriate identifying matter; memberships in professional organizations and societies; board certifications, including 1, The name of the certifying board, and ii. The year of the certification; medical license(s), all, state and foreign; areas of specialty and subspecialty practice; employers, past and present; hospital affiliations, past and present; academic appointments, past and present; total number and frequency each year expert treats the condition at issue and last occasion expert treated the medical condition or conditions at issue; total number and frequency each year expert is deemed qualified to offer opinion testimony during legal proceedings and last occasion expert was deemed so qualified; total number and frequency each year expert is deemed qualified to offer opinion testimony during legal proceedings, and last occasion expert was deemed so qualified, regarding the medical condition or conditions and theory or theories of causation at issue. 3 The subject matter, in reasonable detail, upon which each expert is expected to testify. 4. The substance, in reasonable detail, of the opinions and conclusions to ‘which each expert is expected to testify. 1299022.1 5 A summary, in reasonable detail, of the grounds for each expert's opinion, including: a summary of the facts upon which the expert will rely in formulating his/her opinions and conclusions; the source or sources of the expert's knowledge conceming such facts, including, but not limited to, records, reports, statistics, studies, surveys, test results, analyses, models, photographs; and all other documents, materials, or oral communications relied upon by the expert which provide the basis for his/her opinions. PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand, land objection will be taken and an order of preclusion sought regarding the expert opinion testimony of any witness not identified as demanded herein. Dated: White Plains, New York January 6, 2015 Yours, etc., Garrett P wis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299022.1 SUPREME COURT OF THE STATE OF NEW YORK (COUNTY OF NEW YORK ponent aa penne —. aoe penneX Index No.: 80542/2014 ELLEN BRENNAN, Plaintiff; DEMAND FOR - against - ECONOMIC/PSYCHOLOGIS EXPERT WITNESS INICHOLAS MORRISSEY, M.D., THE NEW YORK AND INFORMATION PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. eeee anne: pone nnn nn. panne pone anaeX SIRS: PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR Section 3101(d) to produce: (a) The name(s) of any and allpersons plaintiff expects to call as economic/psychologist witnesses at the time of trial of the above captioned action, and ) A detailed written statement as to: 1, The subject matter on which each expert is expected to testify; i. The substance of the facts and opinions on which each expert is expected to testify; iii The qualifications of each expert witness; and iv. A summary of the grounds for each expert’s opinion; Identify the materials, including but not limited to, statistical data, scientific professional literature, periodicals and journals, raw data testing, which the expert received, used, considered or relied upon to formulate the expert’s opinion. Provide a copy of said materials which duplication process will be paid for by the defendant or defendant’s counsel. 1299063.1 PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within twenty (20) days from the date herein will result in a motion for appropriate relief. (Dated: White Plains, New York January 6, 2015 Yours, etc., Garrett P. Lewis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO: Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299063.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -- = - -- aatnn. none X Index No.: 80542/2014 ELLEN BRENNAN, Plaintifi/, : - against - CPLR §4545 DEMAND INICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. : =. anne ne =. anne. - -- xX SIRS: PLEASE TAKE NOTICE that, pursuant to Section 4545 of the CPLR, defendants, Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc., demands that on or about February 6, 2014, plaintiff(s) is to serve a verified statement, setting forth: 1. Whether plaintiff has been reimbursed or indemnified for economic loss claimed in this action from any collateral source: a. If the answer to the foregoing is in the affirmative, state for which of such claims plaintiff has received payment, the amount thereof and the name and address of the person, firm or organization who made such payment. If such payment was made by an insurance company, state the number of the policy under which paid. 2. Whether plaintiff has made claim for payment for economic loss which has not as yet been paid. a. If the answer to the foregoing is in the affirmative, state the name of the person, firm or organization to whom such claim was presented, the date of presentation and the amount claimed. Tf such claim was presented to an insurance company, state the number of the policy under which same was made. 1299058.1 PLEASE TAKE FURTHER NOTICE, that plaintiffs are required to provide a copy of the policies in effect for each collateral source provider. PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand, and that any failure to comply fully and completely with this demand at present, or ina timely fashion throughout the duration of this litigation as responsive information subsequently becomes known or available to plaintiff(s) and/or plaintiffs' counsel, will be deemed the basis for a motion to preciude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims herein. Dated: White Plains, New York January 6, 2015 Yours, etc., Garrett P ewis, E: HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO! Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiffs) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299058.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK onnn nen n enna nnn nn er nee enn enna nn nnne meee: Index No.: 80542/2014 IELLEN BRENNAN, Plaintiff/, NOTICE TO PRODUCE ~ against - MEDICARE/MEDICAID LIEN INFORMATION INICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. ‘ |_---. a pen eeneeee: penne eennnn. --. xX SIRS: PLEASE TAKE NOTICE that, demand is hereby made upon the plaintiffs to produce for inspection and/or obtain the following pursuant to CPLR Article 31 to serve upon ithe offices of HEIDELL, PITTONI, MURPHY & BACH, LLP, the attorneys for defendants : 1 A sworn statement as to whether plaintiffs have received benefits from Medicare at any time, for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand is further made that plaintiffs provide the following: a. Plaintiff's date of birth; b, Plaintiff's Social Security Number; The Medicare file and/or identification number; The name and address of the office handling the Medicare file; and Copies of all documents in the possession of plaintiff or his/her attorneys relating to plaintiff’s/decedent’s receipt of Medicare benefits, including, but not limited to, claim forms, accompanying checks sent by Medicare, lien papers, and all other papers received from Medicare or the Agency handling the Medicare claim; and A duly executed HIPAA compliant authorization bearing plaintiff’s/decedent’s date of birth and social security number and the Medicare file number permitting HEIDELL, PITTONI, 1299061.1 MURPHY & BACH, LLP, or its designee to obtain copies of plaintiff's Medicare records. 2 A sworn statement as to whether plaintiff/s have received benefits from Medicaid at any time, for any reason, not limited to the injuries and treatment alleged in the present action. If so, demand is further made that plaintiff provide the following: a. Plaintiffs’ date of birth; db. Plaintiffs Social Security Number; The Medicaid file and/or identification number; The name and address of the office handling the Medicaid file; and Copies of all documents in the possession of plaintiff or his/her attorneys relating to plaintiff’ s/decedent’s receipt of Medicaid benefits, including, but not limited to, claim forms, accompanying checks sent by Medicaid, lien papers, and all other papers received from Medicaid or the Agency holding the Medicaid claim; and A duly executed HIPAA compliant authorization bearing plaintiff’s/decedent’s date of birth and social security number and the Medicaid file number, permitting HEIDELL, PITTONI, MURPHY & BACH, LLP or its designee to obtain copies of plaintiff's Medicaid records. PLEASE TAKE FURTHER NOTICE, the foregoing demands are continuing. In the event any of the above items are obtained after services of this demand they are to be furnished to this office within thirty (30) days of receipt by the plaintiffs, co-defendant, or their respective attorneys. PLEASE TAKE FURTHER NOTICE, that if the demanded information is now known, it must be so stated in a sworn reply. This defendant will object at the time of trial to the testimony of any witness not supplied in accordance with this demand and will take all steps permitted by the CPLR to preserve its rights as to all other demands. 1299061.1 PLEASE TAKE FURTHER NOTICE that, compliance can be made by forwarding a copy of these documents through the United States Postal Services within the time allowed. Dated: White Plains, New York January 6, 2015 Yours, etc. Garrett P. Lewis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attomeys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO! Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299061.1 SUPREME COURT OF THE STATE OF NEW YORK ICOUNTY OF NEW YORK Joanna a a ane ee ee xX Index No.: 80542/2014 IELLEN BRENNAN, Plaintiff/, - against - REQUEST FOR IDENTITY OF WITNESSES ICHOLAS MORRISSEY, M.D., THE NEW YORK AND AND NOTICE TO PRODUCE IPRESBY TERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendan | a nae ee — a SIRS PLEASE TAKE NOTICE that, pursuant to CPLR 3101(a) demand is hereby Imade, within twenty (20) days of receipt hereof, plaintiff furnish a verified statement setting forth the names and addresses of persons: 1 Who were present during any conversations between any defendants and plaintiff. Who were present when any care and treatment was rendered by any defendants to plaintiff. Who had any conversations with any defendant relative to the care, treatment or condition of the plaintiff. 4 Who plaintiff claims to be a witness to the occurrence herein. [NOTE: The term defendants, as used herein, is intended to include not only the party against whom the action is brought, but also agents, employees and representatives.] If none of the above are known, a verified statement to that effect is requested. This is a continuing demand and, in the event that witnesses become known, identification is to be furnished forthwith. PLEASE TAKE FURTHER NOTICE that, demand is hereby made for production, within twenty (20) days of any writings or statements received by or in the possession of plaintiff or plaintiff's representatives: 1299065.1 1 From or made by our client. 2. From or made by any other party hereto. 3 For copies of writings from plaintiff directed to our client or any other party hereto. PLEASE TAKE FURTHER NOTICE, that this demand shall include production of any diaries, including but not limited to memorandum or notes maintained by the plaintiff or someone within the control of the plaintiff with respect to events pertaining to the claims made in this lawsuit. PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand, and that any failure to comply fully and completely with this demand at present, or in a timely fashion throughout the duration of this litigation as responsive information subsequently becomes known or available to plaintiff(s) and/or plaintiffs' counsel, will be deemed the basis for a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims herein. Dated: White Plains, New York January 6, 2015 Yours, etc., Garrett P. Lewis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 1299065.1 TO Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299065.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK anne. pannnne pan nennnnn nn nn nn, = aon Index No.: 80542/2014 ELLEN BRENNAN, Plaintiff/, - against - DEMAND FOR MEDICARE AND SOCIAL SECURITY INICHOLAS MORRISSEY, M.D., THE NEW YORK AND DISABILITY INFORMATION PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. : a ttannen nnn mennmnn nena mnnastiuittentiiiintite cence ne nnnnenne en eeeenenne nnn nena SIRS PLEASE TAKE NOTICE that in order for the defendants, Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc. to comply with the mandatory rules and regulations promulgated under the Medicare Secondary Payer Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 (42 U.S.C, 1395y(b)(7)(8), the undersigned hereby demands, that you provided the following information in writing on the attached form provided by CMS for this reporting purpose, within twenty (20) days of the service of this demand upon you. a) Whether the person alleging an injury is now or has ever been a Medicare beneficiary; b) Full and complete first name and last name of the party or parties alleging an injury; °) Date(s) of birth of the party or parties alleging an injury; d) Social Security number(s) of the party or parties alleging an injury; e) Gender(s) of the party or parties alleging an injury PLEASE TAKE FURTHER NOTICE that failure to produce the aforementioned demands will result in a motion to the Court seeking the mandatory disclosure, pursuant to the 1299095,1 above cited federal rules and regulations and that failure to produce the demanded disclosure will delay and/or prevent any resolution of the within action. THE FOREGOING DEMAND IS A CONTINUING DEMAND IN THE EVENT ANY OF THE ABOVE ITEMS ARE OBTAINED AFTER SERVICE OF THIS DEMAND THEY ARE TO BE FURNISHED TO THIS OFFICE WITHIN TWENTY (20) OF RECEIPT BY THE PLAINTIFF OR HIS ATTORNEY Dated: White Plains, New York January 6, 2015 Yours, etc., we? Garrett P.wis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 ‘TO: Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299095.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK. ee manne: anne: eeannnsnne nnn nin: —. -X Index No.: 80542/2014 ELLEN BRENNAN, Plaintiff/, : - against - CPLR § 3017(c) DEMAND INICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. : ana. pacenee. _ anne. none: mone: x AS IRS: PLEASE TAKE NOTICE that, pursuant to CPLR 3017(c), defendants, Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc. request that a supplemental demand, setting forth the total damages to which the plaintiff deems entitled in this action, be served upon the undersigned within twenty (20) days of the date of this motice. PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand, and that any failure to comply fully and completely with this demand at present, or in a timely fashion throughout the duration of this litigation as responsive information subsequently becomes known or available to plaintiff(s) and/or plaintiffs’ counsel, will be deemed the basis for a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims herein. Dated: White Plains, New York January 6, 2015 Yours, etc. Garrett wis, E: HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant 1299096.1 Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299096.1 SUPREME COURT OF THE STATE OF NEW YORK ICOUNTY OF NEW YORK. wenn ee x Index No.: 80542/2014 ELLEN BRENNAN, Plaintiff/ DEMAND FOR - against - PARTY STATEMENTS INICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. , eee nn ne ee en en een ene ner SIRS PLEASE TAKE NOTICE that, in accordance with the Civil Practice Law and Rules, we request that February 6, 2015 at 10:00 a.m., you produce at our office any written statements of the defendant NICHOLAS MORRISSEY, M.D.in written, recorded, electronic or other form, that are in possession or control of plaintiff or plaintiff's agents, including counsel, to include but not limited to any and all correspondence, emails, records, reports, films, prescription slips, bills and informational materials obtained from or received by plaintiff from the defendant. PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand, and that any failure to comply fully and completely with this demand at present, or in a timely fashion throughout the duration of this litigation as responsive information subsequently becomes known or available to plaintiff(s) and/or plaintiffs’ counsel, will be deemed the basis for a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs’ claims herein. 1299098.1 , 2014. In lieu of a personal appearance to produce the requested statements, it will be acceptable that copies be mailed to us provided that they are received not later than February 6, 2015. (Dated: White Plains, New York January 6, 2015 Yours, etc., Garrett P. Lewis, Esq. HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff{s) 70-11 Fresh Pond Road Ridgewood, NY 11385 (718) 366-0464 1299098.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK mene eee cen ne ee ne ee ee nn ee Index No,: 80542/2014 ELLEN BRENNAN, Plaintiff/, DEMAND FOR - against - PARTY STATEMENTS NICHOLAS MORRISSEY, M.D., THE NEW YORK AND PRESBYTERIAN HOSPITAL AND NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendant. : ene en en re nee ener enna nena SIRS: PLEASE TAKE NOTICE that, in accordance with the Civil Practice Law and Rules, we request that February 6, 2015 at 10:00 a.m., you produce at our office any written statements of the defendant NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York-Presbyterian Healthcare System, Inc. in written, recorded, electronic or other form, that are in possession or control of plaintiff or plaintiff's agents, including counsel, to include but not limited to any and all correspondence, emails, records, reports, films, prescription slips, bills and informational materials obtained from or received by plaintiff from the defendant. PLEASE TAKE FURTHER NOTICE that the foregoing demand is a continuing demand, and that any failure to comply fully and completely with this demand at present, or in a timely fashion throughout the duration of this litigation as responsive information subsequently becomes known or available to plaintiff(s) and/or plaintiffs’ counsel, will be deemed the basis for a motion to preclude plaintiff(s) from adducing evidence at trial in support of plaintiffs' claims herein. 1299100.1 , 2014. In lieu of a personal appearance to produce the requested statements, it will be acceptable that copies be mailed to us provided that they are received not later than February 6, 2015. Dated: White Plains, New York January 6, 2015 Yours, etc, Garrett P. Lewis, HEIDELL, PITTONI, MURPHY & BACH, LLP Attorneys for Defendant Nicholas Morrissey, M.D. and NewYork Presbyterian Hospital s/h/a The New York And Presbyterian Hospital And New York- Presbyterian Healthcare System, Inc. Office & P.O. Address 81 Main Street White Plains, New York 10601 (914) 559-3100 TO Abbott, Bushlow & Schechner, LLP Attorneys for Plaintiff(s) 70-11 Fresh Pond Road Ridgewood, NY 11385