FILED: NEW YORK COUNTY CLERK 01/24/ :05 PM INDEX NO /2017 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 01/24/2019

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

CERTIFICATION

-against-PURSUANT

TO

PART

130

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

The _accompanying papers are served/filed/submitted pursuant to Section

130-1.1-a:

X

Verified Answer

X

Demand Pursuant to CPLR §3017(c)

X

Demand for Verified Bill of Particulars

X

Notice for _Discovery

&

Inspection

X

Demand for Expert Disclosure

X

Notice of Rejection of Service by Facsimile

X

Demand for Medical Records/Authorizations

X

Notice to Produce

X

Notice for Depositions

X

Demand Pursuant to CPLR Section 4545

X

Notice for Social Media Disclosure

X

Supplemental Demand for Damages Sought

X

Notice of Declination of Service by E-Mail

X

Notice for Medicare/Medicaid _Reporting

Dated: _Albertson,

New

York

By:

STEVE

R.

MANTIO

_, Q.

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

Our File No.:

UCC

053217

SKM

TO:

Stephen J. Liakas, Esq. Liakas _Law,

PC

Attorney for Plaintiff 65 Broadway, Suite 1101

New

_York,

NY

10006 212 937 7765

NEW YORK

COUNTY

OF

NEW

YORK

---X

DIGNA

DOMINGUEZ,

_Index

No.: 152766/2017

Plaintiff,

VERIFIED

ANSWER

-against-MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

Defendant,

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH,

by its

attorneys,

AHMUTY,

DEMERS

&

McMANUS,

as and for its Verified Answer to the

Verified Complaint, alleges upon information and belief:

1. Denies _having knowledge or information sufficient to form a belief as to

each and _every allegation contained in paragraphs designated "1", "9", "10", "11",

"12", "13", "14", "15", "28", "29", "30", "31", "32", "33", "34", "35", "36",

"37", "38"

&

"39" of the Verified Complaint.

2. Denies _having knowledge or information sufficient to form a belief as to

each and _every allegation contained in paragraphs designated "2", "3", "4", "5", "6",

"7", "8", "16", "17", "18", "19", "40"

&

"43" of the Verified Complaint and

respectfully refers all questions of law to this Honorable Court and all questions of fact

to the jury at the time of trial.

3. Denies upon information and belief each and _every allegation contained in

paragraphs designated _{"20", "21", "22", "23", "24",} "25", "26"

&

"27" of the Verified

Complaint and _respectfully refer all questions of law to this Honorable Court and all

every

"42", "44", "45", "46", "47", "48", "49", "50", "51", "52"

&

"53" of the Verified

Complaint.

AS

AND

FOR

A

FIRST

AFFIRMATIVE

DEFENSE

5. That whatever injuries and/or damages were sustained _by the plaintiff at

the time and place alleged in the complaint, were in whole or in part the result of the

plaintiff's own culpable conduct.

AS

AND

FOR

A SECOND

AFFIRMATIVE

DEFENSE

6. That whatever injuries and/or damages were sustained _by the plaintiff at

the time and place alleged in the _complaint, were the result of the plaintiff's assumption

of risk, in realizing and _knowing the hazard and dangers thereof and that he assumed all the risks _necessarily incidental to such an undertaking.

AS

AND

FOR

A

THIRD

AFFIRMATIVE

DEFENSE

7. If the plaintiff has been injured and damaged as alleged in his/her

complaint, upon information and _belief, such injuries and damages were caused, in

whole or in _part, or were contributed to _by reason of the carelessness, negligence or

want of care on the part of the plaintiff and not _{by any} carelessness, negligence or want

of _care, on the part of the _answering defendants; and if any carelessness, negligence or want of care other than that of the plaintiff caused or contributed to said alleged injuries

or damages, it was the carelessness, negligence or want of care on the part of some

other _party or _person, firm or corporation, his, its or their _agents, servants or

employees over

whom

the _answering defendants had no control and for whose

8. Although these _answering defendants _{specifically deny liability} for the

occurrence and damages complained of herein, if this defendant is found liable for such

occurrence and _damages, these defendants' share of _liability is _fifty percent _(50%) or

less of the total _liability assigned to all persons or entities liable and, pursuant to

Section 1601 of the Civil Practice

Law

and _Rules, the _liability of this _answering

defendant to the claimant for non-economic loss shall not exceed these defendants'

respective equitable shares determined in accordance with the relative _culpability of

each person _causing or _contributing to the total _liability for non-economic loss.

AS

AND

FOR

A

FIFTH

AFFIRMATIVE

DEFENSE

9. Upon information and belief, future costs and/or expenses incurred, or to

be incurred _by the plaintiff, for medical care, dental care, custodial care or

rehabilitative services, loss of earnings and/or other economic loss, has been, or with

reasonable _certainty will _be, replaced or indemnified in whole or in part from a

collateral source as defined in §4545 _(c) of the

New

York Civil Practice Law and

Rules.

10. If _any damages are recoverable against these _answering defendants, the

amount of such damages shall be diminished _by the amount of the funds which plaintiff

has or shall receive from such collateral source.

AS

AND

FOR

A

SIXTH

AFFIRMATIVE

DEFENSE

11. That the Plaintiff failed to take reasonable and proper steps to mitigate

12. That any/all defective conditions complained of in the Plaintiffs'

Complaint were open and _{obvious; thereby, eliminating any} duty/obligation on the part

of these _Answering Defendants to warn the Plaintiff thereof.

AS

AND

FOR

AN

EIGHTH

AFFIRMATIVE

DEFENSE

13. That the subject complaint fails to state a valid cause of action as against

this _Answering Defendant.

AS

AND

FOR

A

NINTH

AFFIRMATIVE

DEFENSE

14. That upon information and _belief, the plaintiff's injuries and/or damages,

if any, were caused _by the _intervening and/or _superseding acts of third-parties unrelated

to these _{answering defendants;} and for whose actions these _answering defendants are

not liable.

AS

AND

FOR

A TENTH

AFFIRMATIVE

DEFENSE

15. That the _answering defendant did not create the dangerous condition

complained _{of; nor,} did it have "notice" [either actual and/or _{constructive]} of its

existence prior to the _happening of the plaintiff's accident; nor, to the extent obligated

by law, contract and/or lease a reasonable _opportunity to remedy/cure same.

AS

AND

FOR

AN ELEVENTH

AFFIRMATIVE

DEFENSE

16. That to the extent applicable/obligated _by law, contract and/or lease, the

answering defendant exercised due diligence in the reasonable inspection, maintenance

and/or repair of the vault/basement doors and/or sidewalk area complained of, and/or

WHEREFORE,

the defendant,

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH,

demands judgment _dismissing the plaintiff's complaint _{on the merits;} and if

the plaintiff,

DIGNA

_DOMINGUEZ,

is found to have contributed to the accident or

damages, that _any damages be reduced in proportion to which the plaintiff _may be found

to have so contributed; and, the _answering defendant further demands that the comparative

fault/responsibilities of all parties named in the subject action be apportioned at the time of

trial _together, with the costs and disbursements of this action.

Dated: _Albertson,

New

York

May

8, 2017

By:

STEVE

K.

MANTIONE,

ESQ.

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

STATE

OF

NEW YORK

₎

: SS.:

COUNTY

OF NASSAU

₎

STEVEN

K.

MANTIONE,

being duly sworn, deposes and says:

That the undersigned is a member of the law firm of

AHMUTY,

DEMERS

&

McMANUS,

the attorneys for _defendant,

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH,

in the above entitled _action; that the undersigned has read and knows the

contents of the _foregoing Answer and that same is true to the undersigned's own

knowledge, except as to those matters therein stated to be alleged on information and

belief and that as to those matters the undersigned believes it to be true.

Deponent further says that the grounds for the undersigned's belief as to all matters

therein stated upon information and belief are statements made to the undersigned _by the

defendant, and papers and documents received _by deponent from the defendant or its

representatives and which are now in the undersigned's possession.

Deponent further says that the reason _why this verification is made _by deponent

and not _by the _answering defendant is that the _answering defendant is not within Nassau

County were deponent has his office.

STEVEN

K.

MANTIONE

Sworn To Before

Me

This ri _day of May, 2017

Notary Public

THERESA DEMITRY Notary Public, State of New York

No.01DE6105154 Qualified in Suffolk County Commission Expires February 2,

20£

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

________ _{..-_____---X}

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

DEMAND

FOR

-against-VERIFIED

BILL

OF

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

S I

R

S:

PLEASE

TAKE

_NOTICE, that pursuant to Rules 3041 and 3044 of the Civil

Practice Law and Rules, you are _hereby required to serve a Verified Bill of Particulars upon

the undersigned within _{thirty (30)} days after receipt of this demand, setting forth the following:

1. The address and residence of the plaintiff pursuant to Rule 3118 of the Civil Practice Law and Rules.

2. The date and approximate time _{of day of each} occurrence referred to in the plaintiff's complaint.

3. The precise location of the _happening of the occurrence in sufficient detail so as to permit accurate identification.

4.

A

general statement of the acts or omissions _constituting the negligence claimed.

5.

A

statement of alleged injuries and a description of those claimed to be permanent.

6. (a) The length of time confined to a hospital or other health care _facility with name of such hospital or health care _facility and the dates of admission and discharge.

(b) The length of time under the care of physicians with the names and addresses of said physicians and the dates of treatment.

7. The length of time confined to bed and house, with dates of confinement.

8. The occupation of the plaintiff at the time of the alleged incident and plaintiff's respective average daily, weekly or monthly earnings.

9. The name and address of plaintiff's employer at the time of the incident and the length of time incapacitated from such employment.

10. The length of time plaintiff claims to have been _{totally disabled;} the length of time plaintiff claims to have been _partially disabled.

11. Plaintiff's date of birth.

12. Plaintiff's social _security number.

13. The amounts claimed as special damages for:

(a) Physicians services _(e) Hospital expenses (b) Medical supplies (f) Nurses services (c) Loss of earnings (g) All other items of (d) X-rays special damages

14. Set forth _by Chapter, Article, Section and Paragraph each and every statute, code, or ordinance, if any, which it is claimed the defendant violated.

15. In what respect did the _answering defendants contribute to or cause plaintiff's damages and/or injuries.

16. State whether it will be claimed that the limitations _{on liability} set forth in Article 16 of the C.P.L.R. do not _apply to this action.

17. If the answer to item "16" is in the affirmative, set forth the exemption or exemptions enumerated in Section 1602 of the C.P.L.R. upon which plaintiff will _rely to establish that the limitations on _liability provided for in Section 1601 of the C.P.L.R. do not apply.

18. State the _names, addresses and professions of all persons that the plaintiff consulted with - either for advise or direction or for _any type of assistance for _any physical, psychological and/or emotional problem _allegedly suffered _by the plaintiff _flowing from the incident in question.

19. State whether there will be a claim that a defective or dangerous condition caused or contributed to the accident.

20. If answer to item "19" is in the affirmative:

(a) Describe in detail the location of any such condition claimed;

(b) For each such condition claimed describe in detail the nature of each defect or danger.

21. For each defective or dangerous condition described in response to item "19", state whether it will be claimed that the _answering defendants _actively caused or created said condition, specifying the manner in which it will be claimed that said defendants actively caused or created the condition.

22. State whether it will be claimed that this _answering defendants had constructive or actual notice of the alleged defects or dangerous condition.

23. If the answer to item "22" above is in the affirmative:

(a) State whether actual or constructive notice will be claimed.

(b) If actual notice is claimed, then state when such notice was given, to

whom

it was given and the date of said notice.

(c) If constructive notice is claimed, then state how _long it will be alleged that said defect was in existence.

24. State whether there will be a claim that defective or dangerous equipment caused or contributed to the accident.

25. If answer to item "24" is in the affirmative:

(a) Describe in detail the allegedly dangerous or defective equipment.

(b) Describe in detail the nature of each defect.

26. For each _allegedly defective or dangerous piece of equipment described in the response to item _"24", state whether it will be claimed that the defendant _actively caused or created said _{defect, specifying} the manner in which it will be claimed that defendant _actively caused or created the defect.

27. State whether it will be claimed that the _answering defendants had constructive or actual notice of the alleged defective or dangerous equipment.

28. If the answer to item "27" above is in the affirmative:

(a) State whether actual or constructive notice will be claimed.

(b) If actual notice is claimed, then state when such notice was _given, to

whom

it was given and the date of said notice.

(c) If constructive notice _{is claimed,} then state how _long it will be alleged that said equipment was defective or dangerous.

29. To the extent that the plaintiff _{is claiming} that _{any pre-existing} conditions and/or medical conditions and/or psychiatric conditions were aggravated and/or exacerbated as the result of the subject incident, please then provide the _following additional information:

(a)

A

statement of the prior medical conditions and/or injuries and/or psychiatric conditions that the plaintiff was _{allegedly suffering} from at the time of the subject _occurrence;

(b) The names and addresses of all medical providers that treated the plaintiff for said prior conditions or problems;

(c) The names and addresses of all hospitals and/or other medical care facilities that rendered/provided _any care or treatment to the plaintiff for said prior conditions/problems;

(d) The names and addresses of all diagnostic testing centers at which the plaintiff underwent _any type of diagnostic _testing for said prior _{conditions/problems;}

(e) The names, addresses and/or claim numbers of any insurance company that either paid _any medical costs associated with said prior conditions/problems and/or against

whom

claims for personal _injury were filed relative to said prior conditions or problems; and

(f) To the extent that any lawsuits were filed related to said prior conditions/problems, please provide the captions, index numbers and venues were said claims were filed.

30.Please advise whether the plaintiff is a United States Citizen; if not, please state the basis upon which the plaintiff is _currently in the United States and the plaintiff's country of citizenship.

31. Please state whether the plaintiff can read/write English. If not, please state the _language(s) that the plaintiff speaks and/or writes.

32. Please _specify when and to

whom

the subject accident was reported.

33. Please _specify the _{steps, if any,} taken _by the plaintiff to discover the alleged defects or to avoid and mitigate his injuries.

34. Please state whether the _answering defendants made _any representations of any kind relative to the safety, condition and/or repair of the vault/basement doors and/or the surrounding sidewalk allegedly involved in plaintiff's accident.

35. If demand number 34 above, is answered in the _affirmative, please state the following:

a) the sum and substance of said representation(s);

b) the identity of the person or persons that allegedly made said representation(s);

c) the dates and times when said representations were _allegedly made;

d) the names and addresses of _any persons with the plaintiff when said representations were _{allegedly made;} and

e) if said representations were made in writing, please provide a true and complete _copy of same.

36. In specific _detail, please state the basis upon which _{it is alleged,} and how it will be shown that the _answering defendant, failed _{to properly} inspect, maintain and/or repair the subject vault/basement doors and/or _surrounding sidewalk area alleged to be involved in the _happening of the subject accident.

37. In specific detail, please state the basis upon which it is alleged, and how it will be shown that the _answering defendant exercised exclusive control of/over the subject vault/basement doors and/or _surrounding sidewalk alleged to have been involved in the happening of the subject accident.

38. Please _{list/state/identify} any/all prior repairs alleged to have been performed _by and/or on behalf of the defendant herein, to the vault/basement doors and/or sidewalk alleged to have been involved in plaintiff's accident.

39. Please list/state the date when said prior repairs were _allegedly made.

40. Please _identify the names/addresses of those persons that _allegedly made said repairs.

41. Please _{state/identify} how said repairs were _allegedly made in a negligent fashion.

42. Please provide copies of _any photographs that _allegedly depict _any prior repairs made _by and/or on behalf of the defendant herein.

43. In specific detail please state the basis upon which it is alleged and how it will be shown that the _{answering defendant,} its agents, servants and/or employees failed to properly secure the vault/basement doors in question; and/or _keep them in a state of good repair.

44. In specific detail please state the basis upon which it is alleged and how it will be shown that the subject vault/basement doors were either not _properly closed at the time of the subject incident and/or created _{a tripping} hazard.

45. In specific detail please state the basis upon which it is alleged and how it will be shown that _{a tripping} hazard existed at the location of plaintiff's accident; and/or caused or contributed to said occurrence.

46. Please list/describe in _{detail, providing dimensions, measurements,} design, etc., the _tripping hazard and/or condition that gives rise to the subject action.

PLEASE

TAKE

FURTHER

NOTICE, that in the event of plaintiff's failure to

comply with the foregoing demand within thirty (30) days, this answering defendant will move

to preclude the _offering of _any evidence as to the matters herein demanded, together with the

costs of such application.

Dated: Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

DEMAND

FOR

-against-EXPERT

DISCLOSURE

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

S I

R

S:

PLEASE

TAKE

_{NOTICE, that,} pursuant to

CPLR

_3101, defendants herein

request, that plaintiff and all codefendants make disclosure within _{thirty (30)} days of service of

the within, in response to each and _every demand set forth herein.

In the event that _plaintiff(s) or codefendants are unable _{to fully respond,} set forth the _reason(s) or _cause(s) for such _inability or the absence of response, and in that event

that _plaintiff(s) or codefendants believes that such _{response(s) may} become relevant as to

expert(s) hereafter engaged or who _may later become expected to give expert testimony, state

such _fact(s) or _{circumstance(s),} and the date or time hereinafter when such response _may

thereby become available for disclosure. This

REQUEST

shall be deemed to be continuing,

and _{as to any matters} herein requested which shall become available for disclosure at a future

time in the within _action, this

REQUEST

shall have _{continuing applicability} and require _timely

disclosure at:

(1) Identify, by full name, address, profession or occupation and business

intended, expected or who shall be called at trial as an "expert witness" on _{any issue,} matter or

subject;

(2) State all qualifications of each such witness, including full details of

education, experience, degrees, professional societal posts and past and present _{association(s);}

past and present employment or other associations of whatever nature in each expert's field of

professional _endeavor(s) or expertise; any awards, honors or other professional distinctions of

any kind as may bear upon qualifications; appointments or offices held in any society,

organization, institute, committee, private or governmental affiliation or _any consultant or

other post with or for _any organization _{or body} related to his field or expertise of profession;

article(s), book(s), publication(s) of any kind, lecture(s), seminar(s), professional or

occupational paper(s), or any other form of professional communication or publication of a public _nature, related _{in any way} to the area of expertise of the _witness(s) upon which

testimony may be offered; any and all information, facts, curriculum vitae of other data which

explains, identifies or bears upon the qualification or absence there of the witness(s).

(3) State all subjects and matters in reasonable, informative detail upon which

each and _every expert shall or is expected to testify;

(4) Separately state in reasonable detail each fact, assumption, circumstance and

incident/accident related information upon which each expert shall or is expected to consider,

evaluate or use in connection with _{any testimony to be offered;}

(5) Separately state in reasonable detail each opinion(s), with identification of

(6) For each and every opinion which shall or is expected to be testified to by

each _expert, whether such expression _{of opinion(s)} is based upon _{preliminary or previously} expressed _opinion(s) or is based upon _{matters, facts,} assumptions or circumstances _originally

derived _by him or provided to him, provide _{a summary} or all grounds for each and _every such

opinion, and each _separately identifiable and independent opinions. Such _summary shall not

omit or exclude a material relevant or substantial factual ground or circumstance,

notwithstanding the summary or conclusory nature or manner of the grounds.

Dated: _Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff, .

NOTICE

OF

-agamst-REJECTION

OF

SERVICE

BY

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

FACSIMILE

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

_FOUNDATION,

Defendants, --- _---X

S I RS:

PLEASE

TAKE

NOTICE

that inclusion upon our letterhead of a number for

transmission of documents _by electronic facsimile process _("FAX") is not to be deemed

consent to service of litigation papers _by such _{method, notwithstanding any} provision of law or

statute to the _contrary; and

PLEASE

TAKE

FURTHER

NOTICE

that service of litigation papers in this or

any other action upon the undersigned by "FAX" will not be accepted and is not authorized.

Dated: _Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff, .

DEMAND

FOR

-agamst-MEDICAL

RECORDS/

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

_FOUNDATION,

Defendants, ---X

S I RS:

PLEASE

TAKE

_NOTICE, that pursuant to

CPLR

Section 3121 your are

required to serve within _{twenty (20)} days after receipt of this notice the following:

(a) The names and addresses of all physicians or other healthcare providers of _every description who have consulted, examined or treated the plaintiff for each of the conditions _allegedly caused by, or exacerbated by, the occurrence described in the complaint, including the date of such treatment or examination.

(b) Duly executed and acknowledged written authorizations directed to any hospital, clinic or other healthcare _facility in which the injured plaintiff herein treated or confined due to the occurrence set forth in the complaint so as to permit the _{securing of a copy} of the entire hospital record or _{records, including} x-rays and technicians' _reports, together with _{a copy} of the bill rendered for such treatment.

(c) Duly executed and acknowledged written authorizations to allow defendant to obtain the complete office medical records _relating to plaintiff, of each healthcare provider identified _{in (a) above,} together with _{a copy} of the bill rendered _by each identified healthcare provider.

(d) Copies of all medical reports received from healthcare providers identified _{in (a) above.} These shall include a detailed recital of the injuries and conditions as to which _testimony will be offered at the _trial, referring to and identifying those x-rays and technicians' reports which will be offered

Upon your failure _{to comply} herewith, the plaintiff herein will be precluded at the trial

of this action from _{offering any} evidence of the conditions described in the reports or records

demanded _{or offering} in evidence _any part of the hospital records, medical records, x-ray reports or reports of other technicians not made available pursuant to this Rule, nor will the

court hear the _testimony of _any physicians whose medical reports have not been served

pursuant to the aforesaid demand.

Dated: _Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff, .

NOTICE

TO PRODUCE

-agamst-MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, --- _---X S I

R

S:

PLEASE

TAKE

_NOTICE, that pursuant to Article 31 of the CPLR, you are

hereby required to produce the following at the offices of the undersigned within twenty (20) days of your receipt of this demand:

1) If a claim has or will be made pursuant to the terms of Article 51 of the

Insurance Law of the State of

New

York (No-Fault Law), with respect to each and _every

application:

(a) Set forth the name, address, policy number and claim number of each company to which a claim has been or will be made.

(b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the plaintiff from each _company identified in the response to paragraph 1(A).

2) If a claim has or will be made pursuant to the terms of the Worker's Compensation _Law, with respect to each and _every application:

(a) Set forth the name, address, policy number and claim number to which a claim has been or will be made, together with the Worker's

Compensation Board file number.

(b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the plaintiff from each _company identified in response to paragraph 2(A).

3) If a disability claim has or will be made pursuant to the terms of the Social

Security Laws, with respect to each and _every application:

(a) Set forth the claim office, the address and the claim number assigned. (b) Set forth duly executed and acknowledged written authorizations

enabling the undersigned to obtain the records relating to the plaintiff Dated: Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff, .

NOTICE

FOR

-agamst-DISCOVERY

AND

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

_FOUNDATION,

Defendants, ---X

S I

R

S:

PLEASE

TAKE

_NOTICE, that pursuant to the CPLR, the undersigned

defendant demands that you furnish the _following information to the office of the undersigned

within _{twenty (20)} days from the date of service upon you:

1. The names and addresses of anyone claimed _{by any party} you represent to be

a witness who observed the _accident, event or _occurrence, which is the basis for the

above-captioned _action, and _any witness at the scene of the _accident, event or occurrence, who

appeared on the scene _{immediately following} the accident, event or occurrence.

If no such persons are known to you, so state _{in a reply} to this demand.

The defendant will object at the time of trial of this action to the _testimony of

any persons not so identified.

If you or your representative obtains the names and addresses of persons who

witnessed the accident, event or occurrence, or who appeared on the scene of the occurrence

immediately following the accident, such information is to be furnished to this defendant whenever so obtained. This defendant will object _{to any testimony} at the time of trial _{of any}

person not so identified, pursuant to the rule in Zellman v. Metropolitan Transportation

Authority, 40 A.D.2d 248 (1973); Cavallaro v. Skeist, 42 A.D.2d 565 (1973); Hoffman v. Ro-San Manor, 73 A.D.2d 207 (1980); O'Connor v. Larson, 74 A.D.2d 734 (1980); Louros

v. Power Test Petroleum, 80 A.D.2d 886 (1981).

2. The names and addresses of _any witnesses _{to any purported} dangerous,

defective or unsafe condition, allegedly causing this accident, event or occurrence, pursuant to

Zayas v. _Morales, 45 A.D.2d 610 (1974); King v. O'Connor, 103 Misc. 2d 607 (1980); and

Louros v. Power Test _Petroleum, 80 A.D.2d 886 (1981).

3. Pursuant to

CPLR

3101(e), any statements taken of any party represented by the undersigned or _any other _party, whether written or _mechanically recorded, in possession of

any party herein.

4. Copies of _{any "day} in the life" _films, photographs and/or video recordings

taken _by and/or prepared on behalf of the plaintiffs herein.

5. _Duly executed authorizations _allowing release of the plaintiff's records from

the following:

(a) The union of which plaintiff was a member on the date of the accident

and _any union affiliated trust fund that administered benefits for all union and trust fund

records relative to the plaintiff, including but not limited to plaintiff's disability, pension and

employment _records;

(b) Employment records, specifically including all medical, disability,

(c) If plaintiff was self-employed, the Federal and State Income Tax Returns or the _following years: January, 2012 to the present date.

6. All photographs _showing the "condition" complained of in the plaintiff's

complaint and/or of the scene of the accident, event or occurrence, in the condition as it was

on the date of the _accident, event or _{occurrence, or shortly} thereafter. Wolken v. E.W.

Howell Co., 41 A.D.2d 545 (1973).

7. Copies of all medical reports of those physicians who have _previously treated

or examined the plaintiff and who will _testify on their behalf. These shall include a detailed

recital of the injuries and conditions as to which _testimony will be offered at the trial _referring

to and _identifying those x-rays and technicians' reports which will be offered at the trial of this

action.

8. _Duly executed and acknowledged written authorizations _permitting all parties

to obtain and make copies of all hospital _records, and such other records _{including x-ray} and technicians'

reports, as may be referred to and identified in the statement of the examined

party's physicians.

9. Copies of all photographs _{depicting any} injuries and scars alleged to have

been suffered _by the plaintiff as a result of the subject occurrence.

10. Copies of _any and all incident and accident reports prepared _{by any party} to

this _action, their _agents, servants and employees in the _ordinary course of business _concerning

11. Copies of _any and all _complaints, whether written or oral, received _by or

made _{to any party} to this action, their agents, servants and employees _relating to the condition

or _{instrumentality} complained of herein, for a period of two years prior to and _including the

date of the subject occurrence.

12. Copies of all documentation that the plaintiff will _rely upon to establish _any

of the causes of action asserted in her complaint.

13. Copies of _any and all correspondence written _by and/or in the possession of

the plaintiff relative to the incident in question.

14. Copies of _any and all notes, diaries, journals, recordings, etc. made _by the

plaintiff and/or in her possession _{regarding any} of the causes of action asserted _by the plaintiff

in his complaint.

15. Copies of all electronic communications authored _{by any party} to the subject

litigation _pertaining to the condition complained _{of by the plaintiff} in his _{complaint; including,}

but not limited to: all e-mails and tweets.

Said items of _discovery are to be produced within _{twenty (20)} days in the office

of the _undersigned, address listed below.

PLEASE

TAKE

FURTHER

_NOTICE, that a written communication _enclosing

the aforesaid listed information _may be submitted _{by sending} same prior to the

above-mentioned time in lieu of a personal appearance on the above date.

As to the photographs that are to be produced at this office within the specified

PLEASE

TAKE

FURTHER

_NOTICE, that in the event of your failure to

comply with this demand, the undersigned will object at the time of trial to the testimony of

any witness, or information, not so identified. Dated: _Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

&

McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

NOTICE

FOR

-against-DEPOSITIONS

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

(U.S.A.)

FOUNDATION,

Defendants, ---X

S I

R

S:

PLEASE

TAKE

NOTICE, that pursuant to Article 31, Section 3101, et seq. of the Civil Practice

Law

&

Rules, the undersigned will take _by deposition the _testimony of the parties hereafter _named, at the _time, place and before the person indicated _{below, concerning} all of the relevant facts and circumstances in connection with this action, including negligence, contributory negligence, liability and damages.

PLEASE

TAKE

FURTHER

NOTICE, that at the time of the _taking of the testimony, the said parties are required to produce all books and papers in their possession, relating to the issues upon which said parties are to be examined, and upon your failure to do so produce the parole or _secondary evidence thereof and the contents of the same will be required.

PERSONS

TO

BE EXAMINED:

ALL

ADVERSE

PARTIES Before _{a Notary} Public

DATE:

August 8, 2017 TIME: 10:00 a.m.

PLACE: Location to Be Determined

Dated: Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

DEMAND

PURSUANT

-against-TO CPLR

SECTION

4545

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

S I RS:

PLEASE

TAKE

_NOTICE, that demand _{is hereby} made upon the _attorney(s) for the _plaintiff(s) that _they serve upon the undersigned a statement as to whether _any part of the

cost of medical care, custodial care, rehabilitation services, loss of _earnings, were indemnified,

in whole or in part, from _any collateral source such as insurance, social _security (except those

benefits provided under Title 18 of the Social _Security Act), Workers' Compensation, or

employee benefit programs and, if so, the full names and address of each organization or

program _providing such replacement or _{indemnification,} the plan _number, file and/or claim

number assigned to said claim , together with an itemized statement of the amount in which

each such claimed item of economic loss was replaced or indemnified _by each such

organization or program.

Demand _{is additionally} made for _duly executed and _properly addressed original

authorizations _permitting the undersigned to inspect and _{copy any} records _{reflecting any}

PLEASE

TAKE

FURTHER

NOTICE, that your failure to _comply with the

foregoing within twenty (20) days will serve as the basis of a motion for appropriate relief pursuant to the CPLR.

Dated: _Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

NOTICE

FOR

SOCIAL

-against-MEDIA

DISCLOSURE

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

_FOUNDATION,

Defendants, ---X

S I

R

S:

PLEASE

TAKE

_NOTICE, that pursuant to

CPLR

_3120, (Article _31), you are _hereby

required to produce at the offices of

_AHMUTY,

DEMERS

&

McMANUS,

attorneys for the

defendant, located at 200 I.U. Willets Road, Albertson,

New

York, the following:

1. _{Duly executed,}

HIPAA

_compliant, authorizations _permitting release of

the plaintiffs' Face Book Accounts _[including but not limited to all photographs, videos, wall

posts, status _{updates, messages, correspondence, etc.]} from their inception _up through the

present time.

Please take further notice that said authorizations should list/state/contain all

account information necessary/required to _properly process said authorizations, including but

not limited to: The actual names on the _accounts; the account numbers for said _accounts, the "location"

of the subject accounts, any/all _identifying information for said accounts; the e-mail "user-names"

connected to said accounts and the address for the provider of said accounts.

2. _Duly executed,

HIPAA

complaint, authorizations permitting release of

posts, status updates, messages, correspondence, etc.] from their inception up through the present time.

Please take further notice that said authorizations should list/state/contain all

account information necessary/required to _properly process said authorizations, including but

not limited to: The actual names on the accounts; the account numbers for said accounts, the "location"

of the subject _accounts, any/all _identifying information for said _accounts; the e-mail "user-names"

connected to said accounts and the address for the provider of said accounts.

Said items of _discovery are to be produced within _twenty (20) days in the offices

of the undersigned, address listed below.

PLEASE

TAKE

FURTHER

NOTICE, that a written communication _enclosing

the aforesaid listed information _may be submitted _{by sending} same prior to the

above-mentioned time in lieu of a personal appearance on the above date.

Dated: Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

--- _---X

DIGNA

DOMINGUEZ,

_{Index No.: 152766/2017}

Plaintiff,

NOTICE

OF

-against-DECLINATION

OF

SERVICE

BY

E-MAIL

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

S I RS:

PLEASE

TAKE

NOTICE

that the defendant _hereby declines service pursuant to

CPLR

_{2103(b)(7) providing} for service of papers _by electronic means _including but not limited

to e-mail, as defined in

CPLR

_2103(f)(2); and

PLEASE

TAKE

FURTHER

_NOTICE, that _any future service of papers _by

e-mail will be rejected _by this office.

Dated: Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

---X

DIGNA

DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

NOTICE

FOR

-against-MEDICARE/MEDICAID

REPORTING

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

_(U.S.A.)

FOUNDATION,

Defendants, ---X

TO: PLAINTIFF

Section III of the _Medicare, Medicaid and SCHIP Extension Act of 2007 (PL _110-173)

adds new _{mandatory reporting} requirements for _group health plan arrangements, liability

insurance _{(including self-insurance),} no-fault insurance and Workers' Compensation. See

U.S.C. _{1395(y)(b)(7)} and (8).

The _reporting requirement is place upon defense counsel amongst others. In order that

we _may determine whether or not _{any reporting} requirements exist under the above referenced

statute, please provide the _following information in the next _{thirty (30)} days:

1. Plaintiff's social _security number;

2. Plaintiff's date of _birth;

3. Whether plaintiff ever received Medicare benefits; had a Medicare card or ever

applied for Medicare benefits;

4. Whether plaintiff ever had a health insurance claim _number; and if so, please

5. Whether plaintiff ever received Social _{Security Disability Insurance;} and/or is

eligible for same; and if so, over what period of time.

The new federal law requires that this information be provided.

Dated: _Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433

SUPREME

COURT

OF THE

STATE

OF

NEW YORK

COUNTY

OF

NEW YORK

--- _---X

DIGNA

_DOMINGUEZ,

Index No.: 152766/2017 Plaintiff,

SUPPLEMENTAL

DEMAND

-against-FOR

DAMAGES

SOUGHT

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

and

PRESBYTERIAN

CHURCH

(U.S.A.)

FOUNDATION,

Defendants, ---X

S I RS:

PLEASE

TAKE

_NOTICE, that pursuant to

CPLR

_3017(C), the plaintiff is _hereby

required to produce at the offices of

_AHMUTY,

DEMERS

&

McMANUS,

attorneys for the defendant located at 200 I.U. Willets Road, Albertson,

New

York, 11565, the following:

1.

A

supplemental addendum to plaintiff's verified complaint _specifically

advising/stating the total amount of damages sought in the subject action against the answering defendant named herein.

Said item of _discovery is to be produced within _{twenty (20)} days in the offices

of the _undersigned, address listed below.

PLEASE

TAKE

FURTHER

_NOTICE, that a written communication _enclosing

the aforesaid listed information _may be submitted _{by sending} same prior to the

Dated: Albertson,

New

York

May

8, 2017

By:

AHMUTY,

DEMERS

& McMANUS

Attorneys for

MOUNT

WASHINGTON

PRESBYTERIAN

CHURCH

200 I.U. Willets Road Albertson,

New

York 11507 (516) 294-5433