Preview
FILED: NEW YORK COUNTY CLERK 0272172013) INDEX NO. 159110/2012
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2013
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF / YORK
sarees -X
ROSALINA SERRANO,
VERIFIED ANSWER
Plaintiff,
-against- INDEX NO:
159110/2012
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint),
Defendants,
Sapaes ea eens
Defendants. MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY,
AND THE CITY OF NEW YORK (hereinafter “Defendants”), by their attorney, Elizabeth A.
Cooney, General Counsel. MTA Bus Company, by Valerie K. Ferrier, Assistant General
Counsel, answering the verified complaint of the Plaintiff herein, respectfully aver as follows:
FIRST: Denies knowledge or information sufficient to form an opinion of the veracity of
the allegations in Paragraphs 1, 3, 5, 1, 13, 20, 22, 40, and 46 of the complaint.
SECOND: Admits the allegations contained in Paragraphs 2, 4, 6-9, 12, 15, 18-19, and
29-33 of the complaint.
THIRD: Denies the allegations contained in Paragraphs 10, 14, 16-17, 21, 23-28, 34-39,
and 41-45 of the complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
Upon information and belief, that whatever damages the plaintiff may have sustained at
the time and place mentioned in the verified complaint were caused in whole or in part by the
culpable conduct and/or assumption of the risk of said plaintiff, said culpable conduct and/or
assumption of the risk having contributed thereto.
The amount of damages recoyered, if any, shall therefore be diminished in the proportion
that the said culpable conduct and/or assumption of the risk attributable to the plaintiff caused
the alleged damages.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
At the time of the alleged oc¢urrence, the Plaintiff was operating her vehicle in violation
of one or more provisions of the Ne York State Vehicle and Traffic Law.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
The Defendants were confronted with an emergency and are therefore relieved of
liability.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
Upon information and belief, the Plaintiff has failed to mitigate her damages.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
Upon information and belief, in the event that a judgment is rendered against the
Defendants, they shall not be responsible for more than their proportionate share of liability
pursuant to CPLR §1601, e/ seg. to the extent that CPLR §1601 ef seg. is determined to be
relevant in this lawsuit.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
The Plaintiff has failed to properly obtain jurisdiction over Defendant(s).
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
Upon information and belief, this action is barred on the grounds that the Plaintiff did not
sustain a serious injury as defined by §5102 of the Insurance Law of the State of New York.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
General Obligations Law §15-108 is applicable if any person or entity is liable or claimed
to be liable for the injury or injuries alleged in this action and has given a release or covenant not
to sue or to discontinue a lawsuit, and the answering Defendants shall be entitled to
corresponding reductions of any damages that may be determined to be due against the
answering Defendants.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
Upon information and belief, the Plaintiff either failed to use, failed to use properly, or
misused seatbelts and/or other applicable safety devices located in the vehicle in which the
Plaintiff was allegedly travelling and, as a result, such failure on Plaintiff's part caused her
alleged injuries.
WHEREFORE, Defendants demand judgment against the Plaintiff dismissing the
complaint, together with an award to Defendants of the costs and disbursements of this action,
and such other and further relief as the court deems equitable, just and proper.
Dated: February 21, 2013 Yours, etc.
ELIZABETH A, COONEY
General Counsel, MTA Bus Company
Attorney for Defendants MTA Bus
Company, the City of New York, and New
York City Transit Authority
By _VALERIE
filet fi-
K. FERRIER
Assistant General Counsel
2 Broadway, 21“ FI., Room D21.71
New York, N.Y. 10004
(646) 252-3819
TO: Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eee eee -X
ROSALINA SERRANO,
DEMAND PURSUANT
TO C.P.L.R. §3017(c)
Plaintiff,
-against- INDEX NO:
159110/2012
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint),
Defendants.
-X
SIRS:
PLEASE TAKE NOTICE that the Defendants, by their attorney, Elizabeth A. Cooney,
General Counsel, MTA Bus Company, hereby demand that within fifteen (15) days of this
request, Plaintiff provide supplemental demands setting forth the total damages to which the
Plaintiff deems herself entitled to recover for personal injuries.
Dated: New York, New York
February 21, 2013
Yours, etc.,
ELIZABETH A. COONEY
General Counsel, MTA Bus Company
Attorney for Defendants
MTA Bus Company, the City of New York, and
New York City Transit Authority
By: Valerie K. Ferrier
Assistant General Counsel
2 Broadway, Room D21.71
New York, New York 10004
Telephone: 646-252-3819
TO: Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-X
ROSALINA SERRANO,
DEMAND FOR VERIFIED
BILL OF PARTICULARS
Plaintiff,
-against- INDEX NO:
159110/2012
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint),
Defendants,
i acca
a -X
SIRS
PLEASE TAKE NOTICE that pursuant to Section 3041, et seq. of the C.P.L.R., the
defendants, MTA Bus Company, the City of New York, and New York City Transit Authority,
hereby demand(s) that the Plaintiff, within twenty (20) days after service of this demand, serve
on the attorney for the DEFENDANTS a VERIFIED BILL OF PARTICULARS of the claims
alleged in the complaint showing the following details, or, in lieu thereof, a statement that the
Plaintiff has no knowledge or information concerning them:
1 Residence(s) of Plaintiff, giving street and number.
1A. Set forth the Plaintiff's date of birth.
1B. Set forth the Plaintiff's social security number.
Date and approximate time of occurrence.
The exact location of the alleged occurrence, giving distance from and between
certain fixed points, such as street corners, curbs, crosswalks, buildings, ends of
station platforms, ete.
If a bus or other transit vehicle is involved, give its direction, the number
thereof and the badge number of the defendant's employee in charge of said bus
or other transit vehicle and the name of said employee; if the name and badge
number of said employee is unavailable, provide a detailed description of such
employee including height, weight, complexion, and other identifying features
(glasses, beard, mustache, etc.).
If a police officer appeared at the scene of the alleged occurrence or is
otherwise involved in the subject matter of the instant action, set forth the name
and shield number of the officer(s).
A statement of the precise act, acts or omissions constituting the negligence
claimed; if violations of statutes, ordinances, rules or regulations are claimed,
specify same; if a defective or dangerous condition and/or defective appliance
is claimed, specify its nature, location and duration.
If a defect is alleged to have caused the occurrence, give the nature of said
defect.
Where notice of a condition is a prerequisite, set forth whether actual or
constructive notice is claimed.
If actual notice is claimed, a statement of when, by and to whom same was
given; if constructive, the approximate length of time it is claimed the condition
existed prior to the occurrence, in the terms of minutes, or hours, or days, or
weeks or months.
10. Set forth the nature, extent and location of each and every injury alleged to
have been sustained, and which of the same, if any, are claimed to be
permanent, and in an action designated in subdivision one of section five
thousand one hundred-four of the Insurance Law, for personal injuries arising
out of negligence in the use of operation of a motor vehicle in this state, in what
respect Plaintiff has sustained a serious injury, as defined in subdivision four of
section five thousand one hundred-two of the Insurance Law, or economic loss
greater than basic economic loss, as defined in subdivision one of section five
thousand one hundred-two of the Insurance Law.
11A. Set forth the length of time confined to (a) bed; (b) house; and (c) if confined to
a hospital, state the name and address thereof and state the dates of admission
and discharge.
11B. If Plaintiff is a student, set forth the name and address of school, grade and
class, length of time absent, giving dates of same.
122 Set forth the vocation of Plaintiff and length of time incapacitated from
employment, including the full name and address of Plaintiff's employers. Set
forth whether or not Plaintiffis self-employed.
13 Set forth all hospitals, clinics or medical institutions where Plaintiff received
treatment for injuries allegedly sustained as a result of defendants’ alleged
negligence, indicating dates of treatment.
14 Set forth the names and addresses of all doctors and other medical care
providers who treated, examined or made a diagnosis or provided therapy to
Plaintiff for the injuries allegedly sustained as a result of Defendants’ alleged
negligence, indicating the dates of services rendered.
15, If Plaintiff claims aggravation of a pre-existing condition, set forth:
(a) the nature of the pre-existing condition;
(b) for how long a period of time said condition existed prior to the alleged
negligence of the defendants herein;
(c) the names and addresses of all medical care providers who rendered
services to Plaintiff for said pre-existing conditions prior to the occurrence
alleged in the complaint;
(d) the names and addresses of all medical care providers who rendered
services to Plaintiff for any aggravation of said pre-existing condition
subsequent to the occurrence alleged in the complaint, indicating date of
treatment.
16. Set forth whether Plaintiff has ever sustained injuries, prior to the injuries
alleged in the complaint, to the same portion(s) of the body as were allegedly
injured as a result of defendants’ alleged negligence.
16A. If yes, set forth:
(a) the date of said injury;
(b) the physicians and hospitals or clinics who rendered services in connection
therewith; and
(c) whether any action in any court was brought as a result of said injuries.
17. Set forth whether any legal actions have been brought or claims made for the
injuries complained of herein other than in the present proceedings.
18 Set forth the total amounts claimed as special damages for:
A Physicians’ names and addresses, amount for services performed and
medical supplies.
Loss of earnings, with name and address of employers.
Anticipated loss of earnings alleged to have arisen from the injuries
claimed.
Anticipated loss of earning capacity outlining what possible occupations,
promotions or business opportunities Plaintiff claims to have lost as a
result of the alleged accident.
Hospitals and clinics, indicating the amount for each.
Nurse or maid service or other special services, indicating names and
addresses and amount for each.
Therapists, indicating the names and addresses and amounts for each.
TI Reasonable and necessary expense(s) incurred by Plaintiff in obtaining
services in lieu of those they would have performed for income; name
and address of person or persons performing such services and period of
time in which such services were performed.
L Or any other special damages claimed by Plaintiff.
19, If property damage is claimed, forward itemized list of damage and itemized
cost.
20. If loss of services and/or society of any person is claimed, set forth length of
time thereof and the nature and extent of the alleged loss.
21 If loss of earnings is claimed, set forth whether any portion, in whole or in part,
was reimbursed by disability insurance, worker’s compensation, social security
or some other collateral source.
22 If any of the special damages set forth above were reimbursed to any degree by
insurance, worker’s compensation, Medicare, Medicaid, social security or other
collateral source covering:
(a) medical and dental expenses, (b) replacement of income, (c) or other
expense, set forth:
(1) the amount reimbursed,
(2) the reimbursing agency, and
(3) whether said reimbursing agency has filed a lien in connection therewith.
Include (1) any benefit covering any alleged loss herein and (2) the nature of
the benefit. If the benefit is in the form of insurance, include
(1) the name and address of the carrier, (2) the amount of the premium, (3) the
source of payment of the premium and (4) the policy number. In providing the
sources of all benefits, list the names of employers, unions pension plans, etc.
and all other information identifying with specificity the source of the benefits.
Dated: New York, New York
February 21, 2013 Yours, etc.,
ELIZABETH A, COONEY
General Counsel, MTA Bus Company
Attorney for Defendants
MTA Bus Company, the City of New York, and
New York City Transit Authority
By: Valerie K. Ferrier
Assistant General Counsel
2 Broadway, Room D21.71
New York, New York 10004
Telephone: 646-252-3819
TO: Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ones a SSeS SS SEES eee eee
ROSALI NA SE RRANO,
COMBINED DEMANDS
Plaintiff,
-against- INDEX NO:
159110/2012
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint),
Defendants,
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DEMAND FOR MEDICAL AND HOSPITAL RECORDS AND DIAGNOSTIC FILMS
Demand is made that you serve upon the attorney for the defendants, MTA Bus
Company, the City of New York, and New York City Transit Authority, all medical, physician
and hospital records and reports and all reports, office records, charts, prescriptions, x-rays.
radiological films, CT Scans, MRIs, diagnosis reports and laboratory reports of physicians and
all other medical care providers who saw, examined, diagnosed and/or rendered treatment to
Plaintiff, and/or stated a prognosis regarding Plaintiffs alleged conditions, in connection with
injuries claimed_in_the above-entitled_action and HIPAA-compliant authorizations therefor
within thirty (30) days. Duplicate originals of the foregoing are to be provided to the attorney for
the defendants no later than fifteen (15) days prior to the Plaintiff's physical examination(s), the
cost of duplication to be borne by the defendants.
Further demand is made that you serve upon the attorney for the Defendants, MTA
Bus Company, the City of New York, and New York City Transit Authority, all medical,
physician and hospital records and reports and all reports, office records, charts, prescriptions, x-
rays, radiological films, CT Scans, MRIs, diagnosis reports and laboratory reports of physicians
and all other medical care providers who saw, examined, diagnosed and/or rendered treatment to
Plaintiff. and/or stated a prognosis regarding Plaintiff's alleged condition(s), in connection with
prior or subsequent injuries sustained to the same parts of the body which Plaintiff claims to have
injured in the above-entitled action and HIPAA-compliant authorizations therefor within thirty
(30) days.
Duplicate originals of the foregoing are to be provided to the attorney for the
defendants no later than fifteen (15) days prior to the Plaintiff's physical examination(s), the cost
of duplication to be borne by the defendants.
DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES
PLEASE TAKE NOTICE that the defendants, MTA Bus Company, the City of New
York, and New York City Transit Authority, demand that you set forth in writing, under oath.
and serve upon us within ten (10) days of this date
a The names and addresses, both residence and business, of each person known
or claimed by you to be a witness to the occurrence.
The names and addresses, both residence and business, of each person known
or claimed by you to be a witness as to notice of the condition alleged in the
complaint in this action.
The names and addresses, both residence and business, of each person intended
by Plaintiff
to be called to testify at trial
PLEASE TAKE FURTHER NOTICE that this demand shall be deemed to continue
during the pendency of this action and defendant will object upon the trial to the testimony of
any witness not identified pursuant to this demand.
NOTICE OF DISCOVERY AND INSPECTION FOR EXPERT INFORMATION
PLEASE TAKE NOTICE, that the defendants, MTA Bus Company, the City of New
York, and New York City Transit Authority, herein request that the Plaintiff identify within
twenty (20) days from the date hereof each person whom the Plaintiff expects to call as an expert
witness as trial and shall in addition thereto, provide the following information:
1 The subject matter on which cach expert is expected to testify including a
specification of the specialty of the expert, and the are of medicine or other area
in which his/her is expected to testify;
The sum and substance of the facts on which the expert is expected to testify,
including any hypothetical facts that the expert has been asked to assume
A recitation of each of the opinions of the expert
A summary of the grounds for cach expert's opinion including a specification
of any real evidence, opinion evidence or facts on which each opinion is based.
A recitation of the qualifications of each expert setting forth the following
(a) Any text, article, feature, published letter or other work authored
contributed to or edited by the expert identified by publication, volume
number, date or other appropriate identifying matter including title, etc.;
(b) The area of specialization regularly practiced by the expert:
(c) The undergraduate school and the year of graduation of the expert;
(d) Such other qualifications as the expert may possess.
(e) The subject matter of which each expert is expected to testify;
(f) The sum and substance of the facts and opinions on which the expert is
expected to testify
NOTICE TO PRODUCE PHOTOGRAPHS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
Rules, you are hereby required to produce at the offices of the undersigned attorneys within ten
(10) days from the date herein, any photographs, negatives, blowups, photographic
enhancements, enlargements, movies, videotapes or other visual reproductions of the site of the
accident at issue and/or of damages or injuries claimed by the Plaintiff herein relating to the
issues in this matter and/or of the vehicles allegedly involved and/or any other photographs,
videotapes or other visual reproductions which any opposing party intends to introduce at trial.
Include the date taken and/or modified and name and address of the photographer.
NOTICE FOR DISCOVERY AND INSPECTION OF INCOME TAX AND
EMPLOYMENT RECORDS
PLEASE TAKE NOTICE that the defendants, MTA Bus Company, the City of New
York, and New York City Transit Authority, by their attorney ELIZABETH A. COONEY,
demand that you produce the following, pursuant to Article 31 of the C.P.L.R., for its discovery
and inspection within twenty (20) days:
1 The names and addresses of all institutions, firms, corporations, partnerships,
persons or others by whom the Plaintiff was employed by or from whom the
Plaintiff received salary and/or income benefits, INCLUDING SOCIAL
SECURITY DISABILITY, for the three (3) years prior to Plaintiffs
incapacitation as claimed herein and for one (1) year subsequent.
Duly executed authorizations to permit the defendants to obtain the records of
the aforesaid with respect to the Plaintiff's earnings, positions, titles, working
capacity, records of attendance, records of illness and employment status.
In the event that Plaintiff was self-employed, an independent contractor,
employed by relatives, or in the presence of any other special circumstances, it
is demanded that the Plaintiff provide duly executed authorizations to permit
the defendants to obtain copies of any and all federal, state and city income tax
returns for the years specified in item "1", and it is further demanded that the
Plaintiff produce for copying and inspection all W-2 forms for the years
specified in item "1". As to the federal government your response must include
a signed IRS form 4506.
NOTICE FOR DISCOVERY AND INSPECTION
FOR COLLATERAL SOURCE REIMBURSEMENT
PLEASE TAKE NOTICE that the defendants, MTA Bus Company, the City of New
York, and New York City Transit Authority, ELIZABETH A. COONEY, demand that you
produce the following, pursuant to Article 3] of the C.P.L.R., for their discovery and inspection
within twenty (20) days:
1 Any and all books, records, bills, insurance applications, insurance receipts,
cancelled checks, copies of checks and any and all other records pertaining to
collateral source reimbursement received by Plaintiff or on behalf of Plaintiff.
Duly executed authorizations permitting the defendants to obtain the records of
any person, institution, facility or governmental agency which has provided, or
will provide any reimbursement for any of the special damages alleged herein,
whether or not such person, organization, facility or governmental agency has
been listed in response to paragraph “1” above.
DEMAND FOR PHARMACY RECORDS
Demand is made that you serve upon the attorney for the defendants, MTA Bus
Company, the City of New York, and New York City Transit Authority, all pharmaceutical
records and/or authorizations therefor, relating to the Plaintiff's condition and the injuries
claimed in the above-entitled action.
DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Section 3101 et seq., the
defendants, MTA Bus Company, the City of New York, and New York City Transit Authority,
hereby demand that you produce at the offices of the undersigned, within twenty (20) days the
original of each and every statement and other writing taken or received by said Plaintiff or any
other opposing party or their representative attorneys, agents or representatives, from the
DEFENDANTS or any employee or agent of said defendants, and permitting said defendants or
the undersigned acting on behalf of said defendants to inspect and copy such statement and
writing.
The aforesaid production may be complied with by sending a true copy of each
aforementioned statement and writing to the undersigned within the time hereinbefore specified.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply
with this Notice, the undersigned will move to preclude Plaintiff or other opposing party from
introducing into evidence and from otherwise using each aforementioned statement and writing
for any purpose whatsoever, upon the trial of this action.
NOTICE OF DISCOVERY AND INSPECTION FOR STATEMENTS NOT REDUCED
TO WRITING
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Section 3101 et seq., defendants,
MTA Bus Company, the City of New York, and New York City Transit Authority, hereby
demand that all opposing parties produce at the office of the undersigned attorneys, the name and
residence of each and every individual who spoke, discussed or otherwise communicated with
the DEFENDANTS or with their employees, or agents, about the occurrence of the alleged
damages herein, together with the business and residence addresses of each named individual,
together with any notes or memoranda or tape made by such individuals, or by any one on behalf
of any opposing party or opposing party’s attorneys with respect to each such conversation,
discussion or review.
It is requested that the aforesaid production be made within twenty (20) days of the
date herein at 10:00A.M. at the law offices of the undersigned attorneys. Inspection will be
made and copying at the DEFENDANTS’ expense and the documents will be promptly returned
after copying has been completed.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply
with this Notice, the undersigned will move to preclude Plaintiff or other opposing party from
introducing into evidence and from otherwise using cach aforementioned statement for any
purpose whatsoever, upon the trial of this action.
NOTICE TO PRODUCE ACCIDENT REPORTS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and
Rules, you are hereby required to produce at the offices of the undersigned attorney within
twenty (20) days from the date herein, all accident and incident reports prepared in the ordinary
course of business, any reports prepared for the Department of Motor Vehicles, and any reports
made to or prepared for or by your client’s insurance carrier for photocopying at the premises of
the undersigned or in the alternative to provide the DEFENDANTS with photocopies of the
aforementioned documents.
DEMAND FOR WORKERS COMPENSATION RECORDS
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, demand is made
upon you to produce at the offices of the undersigned for discovery and inspection within twenty
(20) days the following: Plaintiff's complete Workers Compensation records and duly executed
authorizations permitting said Defendants to inspect and obtain complete copies of said Workers
Compensation records of Plaintiff's employers and the New York State Workers Compensation
Board with respect to the injuries allegedly sustained by Plaintiff in or about 2004, including but
not limited to complete transcripts of all testimony given.
DEMAND FOR MOTOR VEHICLE RECORDS
PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Laws and
Rules, you are hereby required to produce at the offices of the undersigned attorney within
twenty (20) days the following:
1 A copy of the title and registration for the vehicle in which Plaintiff was a
passenger and/or operator; and
>
z All maintenance, repair, and inspection records for Plaintiff's vehicle for a
period of two years prior to the date of the alleged accident which is the subject of the instant
suit.
NOTICE OF REFUSAL TO ACCEPT SERVICE BY FAX
PLEASE TAKE NOTICE, that the undersigned will not accept service of any papers
by electronic means such as facsimile pursuant to C.P.L.R. rule 2103(b) (5). The presence of
any fax number on letterhead or other papers does not constitute a waiver of this notice.
NOTICE OF REFUSAL TO ACCEPT SERVICE BY ELECTRONIC FILING
EXCEPT FOR PAPERS SERVED PURSUANT TO MANDATORY E-FILING
PLEASE TAKE NOTICE that the undersigned does not consent to service of
litigation papers by electronic filing, except for papers served pursuant to Mandatory E-Filing.
and
PLEASE TAKE FURTHER NOTICE that service of litigation papers in this or any
other action upon the undersigned by “ELECTRONIC FILING” will not be accepted and is not
authorized, except upon written permission given at least twenty-four (24) hours prior to such
service and except for papers served pursuant to Mandatory E-Filing
Any papers served electronically, except for those pursuant to Mandatory E-Filing are
hereby rejected and are deemed a nullity,
IN THE EVENT OF NONCOMPLIANCE WITH THESE DEMANDS
PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid
items within the time allotted, a motion will be made to the Court for the appropriate relief with
costs.
Dated Brooklyn, New York
February 21, 2013
Yours, etc.,
ELIZABETH A, COONEY
General Counsel, MTA Bus Company
Attorney for Defendants
MTA Bus Company, the City of New York, and
New York City Transit Authority
By: Valerie K. Ferrier
Assistant General Counsel
2 Broadway, Room D21.71
New York, New York 10004
Telephone: 646-252-3819
TO: Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-X
ROSALINA SERRANO,
DISCLOSURE AS TO
MEDICARE/MEDICAID
LIENS
Plaintiff,
-against- INDEX NO:
159110/2012
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint).
Defendants,
cre eater ete rene
SIRS:
PLEASE TAKE NOTICE, that the defendants, MTA Bus Company, the City of New
York, and New York City Transit Authority, by their attorney, Elizabeth A. Cooney, Gencral
Counsel, MTA Bus Company, hereby demands that, pursuant to Article 31 of the Civil Practice
Law and Rules, you furnish the following within twenty (20) days:
1 A statement as to whether the Plaintiff has received benefits from
Medicaid, Medicare, or any Medicare insurance program at any time, for any reason, not limited
to the injuries alleged in the above-captioned action, setting forth the following:
a. Full name;
b Gender;
Date of birth;
Social Security Number;
State whether she is enrolled in Medicare Part D;
State whether she is enrolled in Medicare Part B;
g. Residence telephone number;
Health Insurance Claim Number and/or Medicare/Medicaid file number;
Copy of Plaintiff's health insurance (Medicare) card;
Address of the office handling the Plaintiff's Medicare/Medicaid claims and
benefits;
Duly executed HIPPA-compliant authorizations bearing the Plaintiffs date of
birth and social security number permitting this the undersigned to obtain copies
of Plaintiff's Medicaid records;
Duly executed releases valid for at least three (3) years permitting the undersigned
to obtain the Plaintiff's Medicare records and to communicate with Medicare and
its contractors (¢.g., MSPRC or COBC (Coordination of Benefits Contractor); and
Identify any IC D-9 codes reported to Medicare and/or its contractors as alleged
to be related to injuries sustained in the incident which is the subject of this
litigation.
2 State whether Medicare and/or Medicaid has a lien and the amount of such
lien.
3 Provide copies of all documents, records, memoranda, notes, etc., in
Plaintiff's possession pertaining to Plaintiffs receipt of Medicare and/or Medicaid benefits,
including copies of all documents provided to or received from the Medicare and/or Medicaid
administrators and/or contractors, including but not limited to the following:
a. Case reporting correspondence to Medicare COBC;
b Rights and responsibilities letters;
Conditional payment letters;
Payment summary forms;
Demand/Recovery letters;
Final demand letters;
4 If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist.
provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims.
5 If Plaintiff has 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 If Plaintiff applied for Social Security Disability benefits:
State the date(s) on which she applied;
State whether the applications were denied;
State whether the Plaintiff is appealing a denial of such benefits;
State whether the Plaintiff received treatment for kidney dialysis;
State whether the Plaintiff received treatment for end-stage renal disease; and
If Plaintiff has been receiving Medicare and/or Medicaid benefits and is now
deceased, provide the Plaintiffs estate administration information, including but
not limited to the name, address, social security numbers and telephone numbers
of the individuals for the administration of the estates, with HIPAA-compliant
authorizations for examine and copy decedent’s Medicaid/Medicare records.
PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Article 31, that this demand
is deemed a continuing demand and that you are required by law to serve the demanded
information. If you do not possess the demanded information, demand is made for an affidavit to
that effect.
Dated: Brooklyn, New York
February 21, 2013 Yours, etc.,
ELIZABETH A. COONEY
General Counsel, MTA Bus Company
Attorney for Defendants
MTA Bus Company, the City of New York, and
New York City Transit Authority
By: Valerie K. Ferrier
Assistant General Counsel
2 Broadway, Room D21.71
New York, New York 10004
Telephone: 646-252-3819
TO: Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
re “X
ROSALINA SERRANO,
NOTICE TO TAKE
DEPOSITION UPON
ORAL EXAMINATION
Plaintiff,
-against- INDEX NO:
159110/2012
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint),
Defendants,
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SIRS.
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and
Rules the testimony, upon oral examination of ALL PARTIES as adverse parties, will be taken
before a Notary Public, who is not an attorney, or employee of an attorney, for any party or
prospective party herein and is not a person who would be disqualified to act as a juror because
of interest or because of consanguinity or affinity to any party herein, at the offices of
ELIZABETH A. COONEY, Esq., 2 Broadway, Room D21.101, New York, New York 10004,
on the
30" day of April, 2013, at 10:00 o’clock in the forenoon of that day with respect to
evidence material and necessary in the defense of this action.
That the said person(s) to be examined is (are) required to produce at such examination
the following: All the relevant books and records, pursuant to C.P.L.R. 3111.
Dated: Brooklyn, New York
February 21, 2013
Yours, ete.,
ELIZABETH A. COONEY
General Counsel, MTA Bus Company
Attorney for Defendants
MTA Bus Company, the City of New York, and
New York City Transit Authority
By: Valerie K. Ferrier
Assistant General Counsel
2 Broadway, Room D21.71
New York, New York 10004
Telephone: 646-252-3819
TO; Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
VERIFICATION AFFIRMATION
The undersigned, an attorney associated with ELIZABETH A. COONEY, attorney for
defendants, MTA Bus Company, the City of New York, and New York City Transit Authority,
states that she has read the foregoing VERIFIED ANSWER with COMBINED DEMANDS
and the same is true to her knowledge except as to matters therein stated to be alleged on
information and belief, and as to those matters she believes them to be true. Affirmant further
states that the sources of her information and the grounds of her belief are the books, records and
papers of the said defendants relating to the matter in issue and/or statements made by the
officers, agents and employees of the defendants and that the reason why this verification is not
made by the defendants is that the defendants MTA Bus Company, the City of New York, and
New York City Transit Authority, are a public benefit and/or municipal corporations.
The undersigned affirms that the foregoing statements are true, under penalties of perjury.
Dated: Brooklyn, New York
February 21, 2013
sll abit
Valerie K. Ferrier, Esq.
ATTORNEY AFFIRMATION OF SERVICE
VALERIE K. FERRIER, hereby affirms the following under penalties of perjury:
That she is an attorney and counselor-at-law admitted to practice in the Courts of
this State.
That on the 21°" day of February, 2013, the affirmant served the within VERIFIED
ANSWER with COMBINED DEMANDS on
Tracy & Stillwell
1688 Victory Blvd.
Staten Island, New York 10314
that being the address within the State designated by the Plaintiffs for the purpose of service
upon the preceding papers in this action, by depositing a true copy thereof properly enclosed in a
securely closed and duly post-paid wrapper in a mail box regularly maintained by the mailroom
at 2 Broadway, New York, New York 10004.
Dated: New York, New York
February 21, 2013
Valerie K. Ferrier, Esq.
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO:
COUNTY OF NEW YORK 159110/2012
ROSALINA SERRANO,
Plaintiff,
-against-
MTA BUS COMPANY, NEW YORK CITY
TRANSIT AUTHORITY, AND THE CITY OF
NEW YORK, AND JOHN DOE (intending to describe
The Operator of the Bus Described in the attached
Complaint),
Defendants,
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VERIFIED ANSWER with COMBINED DEMANDS
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ELIZABETH A. COONEY
Preview
FILED: NEW YORK COUNTY CLERK 0272172013) INDEX NO. 159110/2012 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/21/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF / YORK sarees -X ROSALINA SERRANO, VERIFIED ANSWER Plaintiff, -against- INDEX NO: 159110/2012 MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint), Defendants, Sapaes ea eens Defendants. MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK (hereinafter “Defendants”), by their attorney, Elizabeth A. Cooney, General Counsel. MTA Bus Company, by Valerie K. Ferrier, Assistant General Counsel, answering the verified complaint of the Plaintiff herein, respectfully aver as follows: FIRST: Denies knowledge or information sufficient to form an opinion of the veracity of the allegations in Paragraphs 1, 3, 5, 1, 13, 20, 22, 40, and 46 of the complaint. SECOND: Admits the allegations contained in Paragraphs 2, 4, 6-9, 12, 15, 18-19, and 29-33 of the complaint. THIRD: Denies the allegations contained in Paragraphs 10, 14, 16-17, 21, 23-28, 34-39, and 41-45 of the complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE Upon information and belief, that whatever damages the plaintiff may have sustained at the time and place mentioned in the verified complaint were caused in whole or in part by the culpable conduct and/or assumption of the risk of said plaintiff, said culpable conduct and/or assumption of the risk having contributed thereto. The amount of damages recoyered, if any, shall therefore be diminished in the proportion that the said culpable conduct and/or assumption of the risk attributable to the plaintiff caused the alleged damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE At the time of the alleged oc¢urrence, the Plaintiff was operating her vehicle in violation of one or more provisions of the Ne York State Vehicle and Traffic Law. AS AND FOR A THIRD AFFIRMATIVE DEFENSE The Defendants were confronted with an emergency and are therefore relieved of liability. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE Upon information and belief, the Plaintiff has failed to mitigate her damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE Upon information and belief, in the event that a judgment is rendered against the Defendants, they shall not be responsible for more than their proportionate share of liability pursuant to CPLR §1601, e/ seg. to the extent that CPLR §1601 ef seg. is determined to be relevant in this lawsuit. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE The Plaintiff has failed to properly obtain jurisdiction over Defendant(s). AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE Upon information and belief, this action is barred on the grounds that the Plaintiff did not sustain a serious injury as defined by §5102 of the Insurance Law of the State of New York. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE General Obligations Law §15-108 is applicable if any person or entity is liable or claimed to be liable for the injury or injuries alleged in this action and has given a release or covenant not to sue or to discontinue a lawsuit, and the answering Defendants shall be entitled to corresponding reductions of any damages that may be determined to be due against the answering Defendants. AS AND FOR A NINTH AFFIRMATIVE DEFENSE Upon information and belief, the Plaintiff either failed to use, failed to use properly, or misused seatbelts and/or other applicable safety devices located in the vehicle in which the Plaintiff was allegedly travelling and, as a result, such failure on Plaintiff's part caused her alleged injuries. WHEREFORE, Defendants demand judgment against the Plaintiff dismissing the complaint, together with an award to Defendants of the costs and disbursements of this action, and such other and further relief as the court deems equitable, just and proper. Dated: February 21, 2013 Yours, etc. ELIZABETH A, COONEY General Counsel, MTA Bus Company Attorney for Defendants MTA Bus Company, the City of New York, and New York City Transit Authority By _VALERIE filet fi- K. FERRIER Assistant General Counsel 2 Broadway, 21“ FI., Room D21.71 New York, N.Y. 10004 (646) 252-3819 TO: Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eee eee -X ROSALINA SERRANO, DEMAND PURSUANT TO C.P.L.R. §3017(c) Plaintiff, -against- INDEX NO: 159110/2012 MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint), Defendants. -X SIRS: PLEASE TAKE NOTICE that the Defendants, by their attorney, Elizabeth A. Cooney, General Counsel, MTA Bus Company, hereby demand that within fifteen (15) days of this request, Plaintiff provide supplemental demands setting forth the total damages to which the Plaintiff deems herself entitled to recover for personal injuries. Dated: New York, New York February 21, 2013 Yours, etc., ELIZABETH A. COONEY General Counsel, MTA Bus Company Attorney for Defendants MTA Bus Company, the City of New York, and New York City Transit Authority By: Valerie K. Ferrier Assistant General Counsel 2 Broadway, Room D21.71 New York, New York 10004 Telephone: 646-252-3819 TO: Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X ROSALINA SERRANO, DEMAND FOR VERIFIED BILL OF PARTICULARS Plaintiff, -against- INDEX NO: 159110/2012 MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint), Defendants, i acca a -X SIRS PLEASE TAKE NOTICE that pursuant to Section 3041, et seq. of the C.P.L.R., the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, hereby demand(s) that the Plaintiff, within twenty (20) days after service of this demand, serve on the attorney for the DEFENDANTS a VERIFIED BILL OF PARTICULARS of the claims alleged in the complaint showing the following details, or, in lieu thereof, a statement that the Plaintiff has no knowledge or information concerning them: 1 Residence(s) of Plaintiff, giving street and number. 1A. Set forth the Plaintiff's date of birth. 1B. Set forth the Plaintiff's social security number. Date and approximate time of occurrence. The exact location of the alleged occurrence, giving distance from and between certain fixed points, such as street corners, curbs, crosswalks, buildings, ends of station platforms, ete. If a bus or other transit vehicle is involved, give its direction, the number thereof and the badge number of the defendant's employee in charge of said bus or other transit vehicle and the name of said employee; if the name and badge number of said employee is unavailable, provide a detailed description of such employee including height, weight, complexion, and other identifying features (glasses, beard, mustache, etc.). If a police officer appeared at the scene of the alleged occurrence or is otherwise involved in the subject matter of the instant action, set forth the name and shield number of the officer(s). A statement of the precise act, acts or omissions constituting the negligence claimed; if violations of statutes, ordinances, rules or regulations are claimed, specify same; if a defective or dangerous condition and/or defective appliance is claimed, specify its nature, location and duration. If a defect is alleged to have caused the occurrence, give the nature of said defect. Where notice of a condition is a prerequisite, set forth whether actual or constructive notice is claimed. If actual notice is claimed, a statement of when, by and to whom same was given; if constructive, the approximate length of time it is claimed the condition existed prior to the occurrence, in the terms of minutes, or hours, or days, or weeks or months. 10. Set forth the nature, extent and location of each and every injury alleged to have been sustained, and which of the same, if any, are claimed to be permanent, and in an action designated in subdivision one of section five thousand one hundred-four of the Insurance Law, for personal injuries arising out of negligence in the use of operation of a motor vehicle in this state, in what respect Plaintiff has sustained a serious injury, as defined in subdivision four of section five thousand one hundred-two of the Insurance Law, or economic loss greater than basic economic loss, as defined in subdivision one of section five thousand one hundred-two of the Insurance Law. 11A. Set forth the length of time confined to (a) bed; (b) house; and (c) if confined to a hospital, state the name and address thereof and state the dates of admission and discharge. 11B. If Plaintiff is a student, set forth the name and address of school, grade and class, length of time absent, giving dates of same. 122 Set forth the vocation of Plaintiff and length of time incapacitated from employment, including the full name and address of Plaintiff's employers. Set forth whether or not Plaintiffis self-employed. 13 Set forth all hospitals, clinics or medical institutions where Plaintiff received treatment for injuries allegedly sustained as a result of defendants’ alleged negligence, indicating dates of treatment. 14 Set forth the names and addresses of all doctors and other medical care providers who treated, examined or made a diagnosis or provided therapy to Plaintiff for the injuries allegedly sustained as a result of Defendants’ alleged negligence, indicating the dates of services rendered. 15, If Plaintiff claims aggravation of a pre-existing condition, set forth: (a) the nature of the pre-existing condition; (b) for how long a period of time said condition existed prior to the alleged negligence of the defendants herein; (c) the names and addresses of all medical care providers who rendered services to Plaintiff for said pre-existing conditions prior to the occurrence alleged in the complaint; (d) the names and addresses of all medical care providers who rendered services to Plaintiff for any aggravation of said pre-existing condition subsequent to the occurrence alleged in the complaint, indicating date of treatment. 16. Set forth whether Plaintiff has ever sustained injuries, prior to the injuries alleged in the complaint, to the same portion(s) of the body as were allegedly injured as a result of defendants’ alleged negligence. 16A. If yes, set forth: (a) the date of said injury; (b) the physicians and hospitals or clinics who rendered services in connection therewith; and (c) whether any action in any court was brought as a result of said injuries. 17. Set forth whether any legal actions have been brought or claims made for the injuries complained of herein other than in the present proceedings. 18 Set forth the total amounts claimed as special damages for: A Physicians’ names and addresses, amount for services performed and medical supplies. Loss of earnings, with name and address of employers. Anticipated loss of earnings alleged to have arisen from the injuries claimed. Anticipated loss of earning capacity outlining what possible occupations, promotions or business opportunities Plaintiff claims to have lost as a result of the alleged accident. Hospitals and clinics, indicating the amount for each. Nurse or maid service or other special services, indicating names and addresses and amount for each. Therapists, indicating the names and addresses and amounts for each. TI Reasonable and necessary expense(s) incurred by Plaintiff in obtaining services in lieu of those they would have performed for income; name and address of person or persons performing such services and period of time in which such services were performed. L Or any other special damages claimed by Plaintiff. 19, If property damage is claimed, forward itemized list of damage and itemized cost. 20. If loss of services and/or society of any person is claimed, set forth length of time thereof and the nature and extent of the alleged loss. 21 If loss of earnings is claimed, set forth whether any portion, in whole or in part, was reimbursed by disability insurance, worker’s compensation, social security or some other collateral source. 22 If any of the special damages set forth above were reimbursed to any degree by insurance, worker’s compensation, Medicare, Medicaid, social security or other collateral source covering: (a) medical and dental expenses, (b) replacement of income, (c) or other expense, set forth: (1) the amount reimbursed, (2) the reimbursing agency, and (3) whether said reimbursing agency has filed a lien in connection therewith. Include (1) any benefit covering any alleged loss herein and (2) the nature of the benefit. If the benefit is in the form of insurance, include (1) the name and address of the carrier, (2) the amount of the premium, (3) the source of payment of the premium and (4) the policy number. In providing the sources of all benefits, list the names of employers, unions pension plans, etc. and all other information identifying with specificity the source of the benefits. Dated: New York, New York February 21, 2013 Yours, etc., ELIZABETH A, COONEY General Counsel, MTA Bus Company Attorney for Defendants MTA Bus Company, the City of New York, and New York City Transit Authority By: Valerie K. Ferrier Assistant General Counsel 2 Broadway, Room D21.71 New York, New York 10004 Telephone: 646-252-3819 TO: Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ones a SSeS SS SEES eee eee ROSALI NA SE RRANO, COMBINED DEMANDS Plaintiff, -against- INDEX NO: 159110/2012 MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint), Defendants, (5iBisensenrieesserassoeeeeeeoneanseneneseeaaoans aes eas DEMAND FOR MEDICAL AND HOSPITAL RECORDS AND DIAGNOSTIC FILMS Demand is made that you serve upon the attorney for the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, all medical, physician and hospital records and reports and all reports, office records, charts, prescriptions, x-rays. radiological films, CT Scans, MRIs, diagnosis reports and laboratory reports of physicians and all other medical care providers who saw, examined, diagnosed and/or rendered treatment to Plaintiff, and/or stated a prognosis regarding Plaintiffs alleged conditions, in connection with injuries claimed_in_the above-entitled_action and HIPAA-compliant authorizations therefor within thirty (30) days. Duplicate originals of the foregoing are to be provided to the attorney for the defendants no later than fifteen (15) days prior to the Plaintiff's physical examination(s), the cost of duplication to be borne by the defendants. Further demand is made that you serve upon the attorney for the Defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, all medical, physician and hospital records and reports and all reports, office records, charts, prescriptions, x- rays, radiological films, CT Scans, MRIs, diagnosis reports and laboratory reports of physicians and all other medical care providers who saw, examined, diagnosed and/or rendered treatment to Plaintiff. and/or stated a prognosis regarding Plaintiff's alleged condition(s), in connection with prior or subsequent injuries sustained to the same parts of the body which Plaintiff claims to have injured in the above-entitled action and HIPAA-compliant authorizations therefor within thirty (30) days. Duplicate originals of the foregoing are to be provided to the attorney for the defendants no later than fifteen (15) days prior to the Plaintiff's physical examination(s), the cost of duplication to be borne by the defendants. DEMAND FOR NAMES AND ADDRESSES OF ALL WITNESSES PLEASE TAKE NOTICE that the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, demand that you set forth in writing, under oath. and serve upon us within ten (10) days of this date a The names and addresses, both residence and business, of each person known or claimed by you to be a witness to the occurrence. The names and addresses, both residence and business, of each person known or claimed by you to be a witness as to notice of the condition alleged in the complaint in this action. The names and addresses, both residence and business, of each person intended by Plaintiff to be called to testify at trial PLEASE TAKE FURTHER NOTICE that this demand shall be deemed to continue during the pendency of this action and defendant will object upon the trial to the testimony of any witness not identified pursuant to this demand. NOTICE OF DISCOVERY AND INSPECTION FOR EXPERT INFORMATION PLEASE TAKE NOTICE, that the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, herein request that the Plaintiff identify within twenty (20) days from the date hereof each person whom the Plaintiff expects to call as an expert witness as trial and shall in addition thereto, provide the following information: 1 The subject matter on which cach expert is expected to testify including a specification of the specialty of the expert, and the are of medicine or other area in which his/her is expected to testify; The sum and substance of the facts on which the expert is expected to testify, including any hypothetical facts that the expert has been asked to assume A recitation of each of the opinions of the expert A summary of the grounds for cach expert's opinion including a specification of any real evidence, opinion evidence or facts on which each opinion is based. A recitation of the qualifications of each expert setting forth the following (a) Any text, article, feature, published letter or other work authored contributed to or edited by the expert identified by publication, volume number, date or other appropriate identifying matter including title, etc.; (b) The area of specialization regularly practiced by the expert: (c) The undergraduate school and the year of graduation of the expert; (d) Such other qualifications as the expert may possess. (e) The subject matter of which each expert is expected to testify; (f) The sum and substance of the facts and opinions on which the expert is expected to testify NOTICE TO PRODUCE PHOTOGRAPHS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorneys within ten (10) days from the date herein, any photographs, negatives, blowups, photographic enhancements, enlargements, movies, videotapes or other visual reproductions of the site of the accident at issue and/or of damages or injuries claimed by the Plaintiff herein relating to the issues in this matter and/or of the vehicles allegedly involved and/or any other photographs, videotapes or other visual reproductions which any opposing party intends to introduce at trial. Include the date taken and/or modified and name and address of the photographer. NOTICE FOR DISCOVERY AND INSPECTION OF INCOME TAX AND EMPLOYMENT RECORDS PLEASE TAKE NOTICE that the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, by their attorney ELIZABETH A. COONEY, demand that you produce the following, pursuant to Article 31 of the C.P.L.R., for its discovery and inspection within twenty (20) days: 1 The names and addresses of all institutions, firms, corporations, partnerships, persons or others by whom the Plaintiff was employed by or from whom the Plaintiff received salary and/or income benefits, INCLUDING SOCIAL SECURITY DISABILITY, for the three (3) years prior to Plaintiffs incapacitation as claimed herein and for one (1) year subsequent. Duly executed authorizations to permit the defendants to obtain the records of the aforesaid with respect to the Plaintiff's earnings, positions, titles, working capacity, records of attendance, records of illness and employment status. In the event that Plaintiff was self-employed, an independent contractor, employed by relatives, or in the presence of any other special circumstances, it is demanded that the Plaintiff provide duly executed authorizations to permit the defendants to obtain copies of any and all federal, state and city income tax returns for the years specified in item "1", and it is further demanded that the Plaintiff produce for copying and inspection all W-2 forms for the years specified in item "1". As to the federal government your response must include a signed IRS form 4506. NOTICE FOR DISCOVERY AND INSPECTION FOR COLLATERAL SOURCE REIMBURSEMENT PLEASE TAKE NOTICE that the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, ELIZABETH A. COONEY, demand that you produce the following, pursuant to Article 3] of the C.P.L.R., for their discovery and inspection within twenty (20) days: 1 Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, copies of checks and any and all other records pertaining to collateral source reimbursement received by Plaintiff or on behalf of Plaintiff. Duly executed authorizations permitting the defendants to obtain the records of any person, institution, facility or governmental agency which has provided, or will provide any reimbursement for any of the special damages alleged herein, whether or not such person, organization, facility or governmental agency has been listed in response to paragraph “1” above. DEMAND FOR PHARMACY RECORDS Demand is made that you serve upon the attorney for the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, all pharmaceutical records and/or authorizations therefor, relating to the Plaintiff's condition and the injuries claimed in the above-entitled action. DEMAND FOR STATEMENTS PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Section 3101 et seq., the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, hereby demand that you produce at the offices of the undersigned, within twenty (20) days the original of each and every statement and other writing taken or received by said Plaintiff or any other opposing party or their representative attorneys, agents or representatives, from the DEFENDANTS or any employee or agent of said defendants, and permitting said defendants or the undersigned acting on behalf of said defendants to inspect and copy such statement and writing. The aforesaid production may be complied with by sending a true copy of each aforementioned statement and writing to the undersigned within the time hereinbefore specified. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Notice, the undersigned will move to preclude Plaintiff or other opposing party from introducing into evidence and from otherwise using each aforementioned statement and writing for any purpose whatsoever, upon the trial of this action. NOTICE OF DISCOVERY AND INSPECTION FOR STATEMENTS NOT REDUCED TO WRITING PLEASE TAKE NOTICE, that pursuant to C.P.L.R. Section 3101 et seq., defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, hereby demand that all opposing parties produce at the office of the undersigned attorneys, the name and residence of each and every individual who spoke, discussed or otherwise communicated with the DEFENDANTS or with their employees, or agents, about the occurrence of the alleged damages herein, together with the business and residence addresses of each named individual, together with any notes or memoranda or tape made by such individuals, or by any one on behalf of any opposing party or opposing party’s attorneys with respect to each such conversation, discussion or review. It is requested that the aforesaid production be made within twenty (20) days of the date herein at 10:00A.M. at the law offices of the undersigned attorneys. Inspection will be made and copying at the DEFENDANTS’ expense and the documents will be promptly returned after copying has been completed. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this Notice, the undersigned will move to preclude Plaintiff or other opposing party from introducing into evidence and from otherwise using cach aforementioned statement for any purpose whatsoever, upon the trial of this action. NOTICE TO PRODUCE ACCIDENT REPORTS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days from the date herein, all accident and incident reports prepared in the ordinary course of business, any reports prepared for the Department of Motor Vehicles, and any reports made to or prepared for or by your client’s insurance carrier for photocopying at the premises of the undersigned or in the alternative to provide the DEFENDANTS with photocopies of the aforementioned documents. DEMAND FOR WORKERS COMPENSATION RECORDS PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, demand is made upon you to produce at the offices of the undersigned for discovery and inspection within twenty (20) days the following: Plaintiff's complete Workers Compensation records and duly executed authorizations permitting said Defendants to inspect and obtain complete copies of said Workers Compensation records of Plaintiff's employers and the New York State Workers Compensation Board with respect to the injuries allegedly sustained by Plaintiff in or about 2004, including but not limited to complete transcripts of all testimony given. DEMAND FOR MOTOR VEHICLE RECORDS PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the Civil Practice Laws and Rules, you are hereby required to produce at the offices of the undersigned attorney within twenty (20) days the following: 1 A copy of the title and registration for the vehicle in which Plaintiff was a passenger and/or operator; and > z All maintenance, repair, and inspection records for Plaintiff's vehicle for a period of two years prior to the date of the alleged accident which is the subject of the instant suit. NOTICE OF REFUSAL TO ACCEPT SERVICE BY FAX PLEASE TAKE NOTICE, that the undersigned will not accept service of any papers by electronic means such as facsimile pursuant to C.P.L.R. rule 2103(b) (5). The presence of any fax number on letterhead or other papers does not constitute a waiver of this notice. NOTICE OF REFUSAL TO ACCEPT SERVICE BY ELECTRONIC FILING EXCEPT FOR PAPERS SERVED PURSUANT TO MANDATORY E-FILING PLEASE TAKE NOTICE that the undersigned does not consent to service of litigation papers by electronic filing, except for papers served pursuant to Mandatory E-Filing. and PLEASE TAKE FURTHER NOTICE that service of litigation papers in this or any other action upon the undersigned by “ELECTRONIC FILING” will not be accepted and is not authorized, except upon written permission given at least twenty-four (24) hours prior to such service and except for papers served pursuant to Mandatory E-Filing Any papers served electronically, except for those pursuant to Mandatory E-Filing are hereby rejected and are deemed a nullity, IN THE EVENT OF NONCOMPLIANCE WITH THESE DEMANDS PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid items within the time allotted, a motion will be made to the Court for the appropriate relief with costs. Dated Brooklyn, New York February 21, 2013 Yours, etc., ELIZABETH A, COONEY General Counsel, MTA Bus Company Attorney for Defendants MTA Bus Company, the City of New York, and New York City Transit Authority By: Valerie K. Ferrier Assistant General Counsel 2 Broadway, Room D21.71 New York, New York 10004 Telephone: 646-252-3819 TO: Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X ROSALINA SERRANO, DISCLOSURE AS TO MEDICARE/MEDICAID LIENS Plaintiff, -against- INDEX NO: 159110/2012 MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint). Defendants, cre eater ete rene SIRS: PLEASE TAKE NOTICE, that the defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, by their attorney, Elizabeth A. Cooney, Gencral Counsel, MTA Bus Company, hereby demands that, pursuant to Article 31 of the Civil Practice Law and Rules, you furnish the following within twenty (20) days: 1 A statement as to whether the Plaintiff has received benefits from Medicaid, Medicare, or any Medicare insurance program at any time, for any reason, not limited to the injuries alleged in the above-captioned action, setting forth the following: a. Full name; b Gender; Date of birth; Social Security Number; State whether she is enrolled in Medicare Part D; State whether she is enrolled in Medicare Part B; g. Residence telephone number; Health Insurance Claim Number and/or Medicare/Medicaid file number; Copy of Plaintiff's health insurance (Medicare) card; Address of the office handling the Plaintiff's Medicare/Medicaid claims and benefits; Duly executed HIPPA-compliant authorizations bearing the Plaintiffs date of birth and social security number permitting this the undersigned to obtain copies of Plaintiff's Medicaid records; Duly executed releases valid for at least three (3) years permitting the undersigned to obtain the Plaintiff's Medicare records and to communicate with Medicare and its contractors (¢.g., MSPRC or COBC (Coordination of Benefits Contractor); and Identify any IC D-9 codes reported to Medicare and/or its contractors as alleged to be related to injuries sustained in the incident which is the subject of this litigation. 2 State whether Medicare and/or Medicaid has a lien and the amount of such lien. 3 Provide copies of all documents, records, memoranda, notes, etc., in Plaintiff's possession pertaining to Plaintiffs receipt of Medicare and/or Medicaid benefits, including copies of all documents provided to or received from the Medicare and/or Medicaid administrators and/or contractors, including but not limited to the following: a. Case reporting correspondence to Medicare COBC; b Rights and responsibilities letters; Conditional payment letters; Payment summary forms; Demand/Recovery letters; Final demand letters; 4 If any Medicare and/or Medicaid Secondary Payer (MSP) claims exist. provide a copy of the claim summary from Medicare and/or Medicaid regarding those claims. 5 If Plaintiff has 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 If Plaintiff applied for Social Security Disability benefits: State the date(s) on which she applied; State whether the applications were denied; State whether the Plaintiff is appealing a denial of such benefits; State whether the Plaintiff received treatment for kidney dialysis; State whether the Plaintiff received treatment for end-stage renal disease; and If Plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased, provide the Plaintiffs estate administration information, including but not limited to the name, address, social security numbers and telephone numbers of the individuals for the administration of the estates, with HIPAA-compliant authorizations for examine and copy decedent’s Medicaid/Medicare records. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. Article 31, that this demand is deemed a continuing demand and that you are required by law to serve the demanded information. If you do not possess the demanded information, demand is made for an affidavit to that effect. Dated: Brooklyn, New York February 21, 2013 Yours, etc., ELIZABETH A. COONEY General Counsel, MTA Bus Company Attorney for Defendants MTA Bus Company, the City of New York, and New York City Transit Authority By: Valerie K. Ferrier Assistant General Counsel 2 Broadway, Room D21.71 New York, New York 10004 Telephone: 646-252-3819 TO: Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK re “X ROSALINA SERRANO, NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION Plaintiff, -against- INDEX NO: 159110/2012 MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint), Defendants, wiseetiseinenecamuunsecedeencnenauanhmennneienuensnasmanntenen| SIRS. PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examination of ALL PARTIES as adverse parties, will be taken before a Notary Public, who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the offices of ELIZABETH A. COONEY, Esq., 2 Broadway, Room D21.101, New York, New York 10004, on the 30" day of April, 2013, at 10:00 o’clock in the forenoon of that day with respect to evidence material and necessary in the defense of this action. That the said person(s) to be examined is (are) required to produce at such examination the following: All the relevant books and records, pursuant to C.P.L.R. 3111. Dated: Brooklyn, New York February 21, 2013 Yours, ete., ELIZABETH A. COONEY General Counsel, MTA Bus Company Attorney for Defendants MTA Bus Company, the City of New York, and New York City Transit Authority By: Valerie K. Ferrier Assistant General Counsel 2 Broadway, Room D21.71 New York, New York 10004 Telephone: 646-252-3819 TO; Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 VERIFICATION AFFIRMATION The undersigned, an attorney associated with ELIZABETH A. COONEY, attorney for defendants, MTA Bus Company, the City of New York, and New York City Transit Authority, states that she has read the foregoing VERIFIED ANSWER with COMBINED DEMANDS and the same is true to her knowledge except as to matters therein stated to be alleged on information and belief, and as to those matters she believes them to be true. Affirmant further states that the sources of her information and the grounds of her belief are the books, records and papers of the said defendants relating to the matter in issue and/or statements made by the officers, agents and employees of the defendants and that the reason why this verification is not made by the defendants is that the defendants MTA Bus Company, the City of New York, and New York City Transit Authority, are a public benefit and/or municipal corporations. The undersigned affirms that the foregoing statements are true, under penalties of perjury. Dated: Brooklyn, New York February 21, 2013 sll abit Valerie K. Ferrier, Esq. ATTORNEY AFFIRMATION OF SERVICE VALERIE K. FERRIER, hereby affirms the following under penalties of perjury: That she is an attorney and counselor-at-law admitted to practice in the Courts of this State. That on the 21°" day of February, 2013, the affirmant served the within VERIFIED ANSWER with COMBINED DEMANDS on Tracy & Stillwell 1688 Victory Blvd. Staten Island, New York 10314 that being the address within the State designated by the Plaintiffs for the purpose of service upon the preceding papers in this action, by depositing a true copy thereof properly enclosed in a securely closed and duly post-paid wrapper in a mail box regularly maintained by the mailroom at 2 Broadway, New York, New York 10004. Dated: New York, New York February 21, 2013 Valerie K. Ferrier, Esq. SUPREME COURT OF THE STATE OF NEW YORK INDEX NO: COUNTY OF NEW YORK 159110/2012 ROSALINA SERRANO, Plaintiff, -against- MTA BUS COMPANY, NEW YORK CITY TRANSIT AUTHORITY, AND THE CITY OF NEW YORK, AND JOHN DOE (intending to describe The Operator of the Bus Described in the attached Complaint), Defendants, none nn nnn nnn nnn nnn nnn nnn nnn nnn nnn nn nen nnn nn ee ene VERIFIED ANSWER with COMBINED DEMANDS Tn rn an re nr Re eects e een eee eneNnenesmEE ELIZABETH A. COONEY