FILED: NEW YORK COUNTY CLERK 03/29/ :53 AM INDEX NO /2017

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1 INDEX NO /2017 FILED : NEW YORK COUNTY CLERK 02:38 PM SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X X MARIA MILLER and DONALD P. MILLER, Index No.: /2017E -against- Plaintiffs, COMBINED DEMANDS CAROL TUNNEY, M.B. and 139 MEDICAL FACILITY P.C., X Defendants. C OU N S E L O R S: PLEASE TAKE NOTICE, that pursuant to Rules 3101, 3120 and 3130 of the Civil Practice Law and Rules, you are hereby required to produce or identify at the office of the undersigned attorneys, within twenty (20) days from the date herein, the following items of information in the possession of the plaintiffs and/or plaintiffs' counsel: Statements: 1. Written statements of the defendant in your possession. 2. Records, memoranda, notes, tape recordings, or any other recorded communication of any kindmade of or by the defendant in your possession. This demand shall be deemed to continue during the pendency of this action if any of the above items are subsequently obtained. Witnesses: 1. Names and addresses of each person claimed, by any party whom you represent, to be a witness of any of the following: (a) The occurrence(s) allegedinthe Complaint; (b) Any acts, omissions, or conditions, which allegedly caused the occurrence(s), alleged in the Complaint; (c) The damages claimed in this action; 1 of 16

2 FILED : NEW YORK COUNTY CLERK INDEX 02 NO /2017 :38 PM (d) The nature and duration of the alleged condition that caused the alleged accident; (e) Set forth which, if any, of the witnesses identified above plaintiffs intend to call as a witness at the time of trial. Medical Records, Authorizations & Medical Information: 1. A copy of all records, and/or reports generated by the staff of the defendant, 139 MEDICAL FACILITY P.C.. 2. The names and addresses of all physicians or other providers of every description who have consulted, examined, or treated the plaintiff for each of the conditions allegedly caused or exacerbated by the occurrence described in the Complaint, including the dates of such consultation, treatment, or examination. a. Written authorizations to allow this defendant to obtain the complete office medical records relating to the plaintiff from each health care providers identified in (1) above, including: b. Copies of all medical/medical reports received from health care providers identified in (1), above. 3. Duly executed and acknowledged HIPAA compliant written authorizations directed to any hospital, clinic, or other health care facility in which the plaintiff is or was treated or confined due to the occurrence set forth in the Complaint, so as to permit the securing of a copy of the entire hospital record, including x-rays and technicians' reports. 4. The names and address of every physician or other health care provider, hospital, clinic, or other health care facility which may have examined or treated plaintiff during the five years prior to the occurrence set forth in the Complaint, for any condition or injury to the plaintiff. Also, state the dates of such treatment or examination. 5. Upon the filing of the Note of Issue, a new set of duly executed and acknowledged HIPAA compliant written authorizations as provided during discovery directed to any hospital, clinic, or other health care facility in which the plaintiff is or was treated or confined due to the occurrence set forth in the Complaint, or, in the alternative, duly executed and acknowledged HIPAA compliant written authorizations that specifically set forth that the authorizations litigation." are to be effective for the "duration of the 2 of 16

3 I N DEX NO /2017 FILED : NEW YORK COUNTY CLERK 02 : 38 PM Bills: 1. Each and every bill, statement of account, or itemized charge received by the plaintiff or anyone on his behalf pertaining to the special damages, if any, claimed in this lawsuit. Photographs/ Videotapes: 1. Photographs and videotapes of the plaintiff that demonstrate the injuries allegedly sustained; 2. Photographs and videotapes of the accident scene/location; 3. Identify the date/dates that each photograph was taken and the date/dates of the videotapes; 4. Identify the name and address of the photographer(s) of the photographs and the name and address of the videographer of the videotapes; and 5. As to any photographs plaintiff may seek to exhibit to the jury at the time of trial, set forth the date(s) each photograph was taken and the location(s) where each photograph was taken. Insurance Information: 1. The name and address of the insurance carrier providing health insurance coverage to the plaintiff and the name of the insurance carrier providing health insurance at the time of the alleged negligence and/or malpractice; and 2. The policy numbers; and 3. Authorizations for the insurance policies set forth in response to No. 1. Collateral Source Information: 1. Demand is hereby made upon the attorneys for a statement as to whether any part of the cost of medical care, legal services, custodial care, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, Social Security, Workers' Compensation, Medicaid, public assistance, or an employee benefit program. 2. If so, the full name and address of each organization, agency, or program providing such replacement or indemnification 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. 3. Duly executed and acknowledged written authorizations directed to any organization, agency or program identified in (1) above. 3 of 16

4 INDEX NO FILED : NEW YORK COUNTY CLERK 02 : 38 / PM Income Tax and Employment Records (if loss of earnings is being claimed): 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 for the years 2000 through the present. 2. Duly executed and addressed authorizations to permit the answering defendant to obtain the employment records of the plaintiff with respect to the plaintiff's earnings, position, title, working capacity, record of attendance, record of illness, and employment status for each of the plaintiff's places of employment for the years 2000 to the present. Communications: 1. All documents, correspondence, notes or memoranda relating to communications plaintiffs' between plaintiffs, agents, representatives and attorneys, to defendants relating in any way to the plaintiff, including, but not limited to: (a) Correspondence from plaintiffs, representatives and attorneys to defendant; plaintiffs' agents, (b) Correspondence from defendant to plaintiffs, agents, representatives and attorneys; plaintiffs' (c) All documents, records or reports prepared by defendant, including copies of all medical records of defendant; and (d) All correspondence from defendant to any third party. Index Number and Affidavit of Service: 1. A copy of the receipt for the index number purchased and all proofs of service within 14 days from the date hereof. Medicare, Medicaid or DSS Lien: 1. A statement as to whether the plaintiff received benefits from Medicare, Medicaid, or the New York State Department of Social Services ("DSS") at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please provide: (a) The Medicare/Medicaid/DSS file number; (b) The address of the office handling the plaintiff's Medicare/Medicaid DSS file; (c) Copies of all documents, records, memorandums, notes, etc. in Plaintiff's possession pertaining to plaintiff's receipt of Medicare, Medicaid, or DSS benefits; and 4 of 16

5 INDEX NO FILED : NEW YORK COUNTY CLERK 02 : 38 / PM (d) A duly executed authorization bearing plaintiff's date of birth and Social Security number permitting this firm and other representatives of the defendant to obtain copies of plaintiff's Medicaid, Medicare, or DSS records. Demand for Prior Lawsuit Information: 1. Information regarding any other civil lawsuits involving injuries to the plaintiff. Specifically: state the date and place of each claim and legal proceeding, and the names and addresses of the parties to the action and their attorneys. a) Set forth the title of each action and the respective Court index number; b) State the nature of the injuries claimed in each action; c) State the present status of each claim. If terminated, give the final result of each indicating any monetary judgment, settlement or award. d) Provide copies of all pleadings in each action, including Bill of Particulars, as well as examination before trial transcripts of all parties or non-parties, medical records and reports pertaining to treatment received by the plaintiff for all injuries claimed or authorizations to obtain same. Notice for Discovery and Inspection: Plaintiff(s) are hereby requested to produce for discovery and inspection, at the offices of the undersigned within twenty (20) days after receipt of this notice, the following documents: 1. A copy of any/all reports records or correspondence of any kind generated by 139 MEDICAL FACILITY P.C. that are in the plaintiff's possession. Revocation of Service by Facsimile: The office of the undersigned will not accept service of papers by facsimile (fax), transmittal or other electronic means. 5 of 16

6 INDEX NO FILED : NEW YORK COUNTY CLERK 02:38 / PM To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term isdefined in Part 130 of the Court Rules. Dated: New York, New York August 15, 2017 Yours, etc., KAUFMAN Il0RGEEST & RYAN LLP By: Jona an D. Rubin, Esq. Attoineys for Defendant 139 MEDICAL FACILITY P.C. 120 Broadway, 14th F1 r New York, New York Tel: (212) Our File No.: To: Maria Miller and Donald P. Miller Plaintiffs Pro-Se 546 West 147th Street, Apt. 6D New York, New York (212) Abrams. Fensterman, Fensterman, Eisman, Formato, Ferrara 4 Wolf 1 Metrotech Center New York, New York SUPREME COURT OF THE STATE OF NEW YORK 6 of 16

7 INDEX NO /2017 FILED : NEW YORK COUNTY CLERK 02 : 38 PM COUNTY OF NEW YORK X MARIA MILLER and DONALD P. MILLER, Index No.: /2017E Plaintiffs, DEMAND FOR EXPERT -against- WITNESS INFORMATION CAROL TUNNEY, M.B. and 139 MEDICAL FACILITY P.C., X Defendants. - - â â C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d), and Jasopersaud v. Rho, 169 A.D.2d 184 (2nd Dep't 1991) and Thomas v. Alleyne, 2002 WL , you are hereby required to serve upon the undersigned the following discovery as to each person whom you will call as an expert. PLEASE TAKE FURTHER NOTICE, that pursuant to the CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: a) Within thirty (30) days of the date of this Demand; or b) Within twenty (20) days of having retained any experts which you will call at trial; and, in any event; and c) No later than thirty (30) days prior to the commencement of trial. PLEASE TAKE FURTHER NOTICE, that your failure to comply with this Demand may result in a Motion to preclude the testimony of any such expert(s) upon the trial of this action. 1. With respect to any and all medical, dental or podiatric expert witnesses, provide: a) The area of expertise; b) Educational background, including the names and addresses of each medical school attended; c) The names and addresses of each hospital to which an internship, 7 of 16

8 IN DEX NO /2017 FILED : NEW YORK COUNTY CLERK 02 : 38 PM residency and/or fellowship was served; d) The number of hospitals in which privileges of now extended, if any, and the nature of the privilege; admitting patients is e) The title or academic rank, if any, that the expert holds with any healthcare institution, hospital or medical school; f) The state or states in which this individual was/is licensed to practice medicine; g) Each state in which this individual is presently actively engaged in the practice of medicine; h) Societies which each said expert is a member of; i) The present board certifications and/or qualifications, if any, as to each proposed expert witness; j) The subject matter on which each expert will testify; k) The substance of the facts and opinions to which each expert will testify; 1) A summary of the grounds for each expert's opinion. 2. If you will call an economist or actuary, state: a) The name(s) of such economist or actuary; b) The address, both home and office of such economist or actuary; c) The qualifications of such expert(s), including educational background, business and/or governmental experience, and associations or societies of which the expert is a member; d) The subject matter on which each expert will testify; e) The substance of the facts and opinions to which each expert will testify; f) A summary of the grounds for each expert's opinion. 3. State the name of any other expert not herein before disclosed whom you will call as a witness at the trial, and for each such expert state: a) The address, both home and business, of such experts; b) The subject matter on which the expert will testify; 8 of 16

9 IN DEX NO /2017 FILED : NEW YORK COUNTY CLERK 08 /16/ : 38 PM c) The substance of the facts and opinions to which the expert will testify; d) A summary of the grounds for each such opinion; e) A brief chronological resume of the expert's qualifications, including educational background and professional background, including the associations or societies of which the expert is a member, and as to medical personnel, the names and addresses of all hospitals, nursing homes or other medical facilities on whose staffs such experts are or were. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: New York, New York August 15, 2017 Yours, etc., KAUFMAN I QRGEEST & RYAN LLP By: Jonathan D. Rubin, Esq. Attorneys for Defendant 139 MEDICAL FACILITY P.C. 120 Broadway, 14th Floor New York, New York Tel: (212) Our File No.: To: Maria Miller and Donald P. Miller Plaintiffs Pro-Se 546 West 147th street, Apt. 6D New York, New York (212) Abrams. Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf 1 Metrotech Center New York, New York SUPREME COURT OF THE STATE OF NEW YORK 9 of 16

10 I N DEX NO /2017 FILED : NEW YORK COUNTY CLERK 08 / 16 / : 38 PM COUNTY OF NEW YORK X X MARIA MILLER and DONALD P. MILLER, Index No.: /2017E Plaintiffs, DEMAND FOR DISCLOSURE -against- OF MEDICARE/MEDICAID BENEFITS/ELIGIBILITY CAROL TUNNEY, M.B. and 139 MEDICAL FACILITY P.C., X COUNSELORS: Defendants. PLEASE TAKE NOTICE that demand is hereby made that plaintiff(s) provide the following information pursuant to 42 U.S.C. Section 1395y(b)(8)(A): 1. Has plaintiff been the recipient of Medicare and/or Medicaid benefits? 2. Is plaintiff currently the recipient of Medicare and/or Medicaid benefits? 3. If plaintiff has or is currently receiving Medicare and/or Medicaid benefits, please provide the following: a. State the full name under which plaintiff was/is receiving Medicare and/or Medicaid benefits. b. State plaintiff's full address, including city, state and zip code. c. Plaintiff's telephone number. d. Plaintiff's address. e. Plaintiff's date of birth. f. Plaintiff's social security number. g. Plaintiff's Medicare and/or Medicaid beneficiary number (HICN). 4. If plaintiff has not received Medicare and/or Medicaid benefits in the past or is not receiving Medicare benefits now, state whether plaintiff is eligible to receive Medicare benefits. 10 of 16

11 INDEX NO FILED : NEW YORK COUNTY CLERK 08 / 16 / : 38 / PM 5. If plaintiff has been receiving Medicare and/or Medicaid benefits and is now deceased, please provide the following: a. Relationship of the administrator of the plaintiff's estate to plaintiff's decedent. b. Name and address of Plaintiff's administrator. c. Telephone number and/or address of plaintiff's administrator. d. Social Security Number of plaintiff's administrator. PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand for Disclosure of Medicare Benefits/Eligibility may result in the necessity of a motion to compel discovery accompanied by a request for the appropriate costs. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: New York, New York August 15, 2017 Yours, etc., KAUFMAN BORG?EST & RYAN LLP By: Jonath if D. Rubin, Esq. Attorneys for Defendant 139 MEDICAL FACILITY P.C. 120 Broadway, 14th FlOOr New York, New York Tel: (212) Our File No.: To: Maria Miller and Donald P. Miller Plaintiffs Pro-Se 546 West 147th Street, Apt. 6D New York, New York (212) Abrams. Fensterman, Fensterman, 11 of 16

12 INDEX NO /2017 FILED : NEW YORK COUNTY CLERK 02:38 PM Eisman, Formato, Ferrara & Wolf 1 Metrotech Center New York, New York of 16

13 I N DEX NO /2017 FILED : NEW YORK COUNTY CLERK 02 : 38 PM SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X MARIA MILLER and DONALD P. MILLER, Index No.: /2017E Plaintiffs, DEMAND FOR PRIOR -against- LAWSUIT INFORMATION CAROL TUNNEY, M.B. and 139 MEDICAL FACILITY P.C., X Defendants. C 0 U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to Rules 3101, 3120 and 3130 of the Civil Practice Law and Rules, you are hereby required to produce or identify at the office of the undersigned attorneys, within twenty (20) days from the date herein, the following items of information in the possession of the plaintiff and/or plaintiff's counsel. 1. Information regarding any other lawsuits involving injuries to plaintiff specifically; (a) State the date and place of each claim and legal proceeding, and the names and addresses of the parties to the action and their attorneys; (b) Set forth the title of each action and the respective Court index number; (c) State the nature of the injuries claimed in each action; (d) State the present status of each claim. If terminated, give the final result of each indicating any monetary judgment, settlement or award; (e) Provide copies of all pleadings in each action, etc. including Bill of Particulars, as well as examination before trial transcripts of all parties or non-parties, medical records and reports pertaining to treatment received by the plaintiff for all injuries claimed or authorizations to obtain same. 13 of 16

14 INDEX NO /2017 FILED : NEW YORK COUNTY CLERK 08 / 16 / : 38 PM To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this paper or the contentions herein are not frivolous, as that term is defined in Part 130 of the Court Rules. Dated: New York, New York August 15, 2017 Yours, etc., ' KAUFMA BORGEEST & RYAN LLP By: nathan D ' Rirhia/ sq. Attorneys for Defendant 139 MEDICAL FACILITY P.C. 120 Broadway, 14th FlOOr New York, New York Tel: (212) Our File No.: To: Maria Miller and Donald P. Miller Plaintiffs Pro-Se 546 West 147th Street, Apt. 6D New York, New York (212) Abrams. Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf 1 Metrotech Center New York, New York of 16

15 INDEX NO /2017 FILED : NEW YORK COUNTY CLERK 02 : 38 PM SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK, X MARIA MILLER and DONALD P. MILLER, Plaintiff, Index No.: /2014E -against- CAROL TUNNEY, M.B. and 139 MEIDCAL FACILITY P.C., Defendants X AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ) ss.: Arleen Rosa being duly sworn, deposes and says: That deponent is not a party to this action, is over 18 years of age and resides in Kings County, 16th New York. That on the day of August 2017, deponent served the COMBINED DEMANDS thereto upon: Maria Miller and Donald P. Miller Abram, Fensterman, Fensterman, Plaintiffs Pro-Se Eisman, Formato, Ferrara & Wolf 147th 546 West Street, Apt. 6D 1 Metrotech Center New York, New York New York, New York (212) (718) The attorneys for the respective parties in this action at the above addresses designated by said parties and attorneys for that purpose by depositing a true copy thereof in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York and Electric Court Filing. ---' ARLEEN ROSA Sworn to before me this 16th day of August, 2017 LN NOTA Y PUBLIC MELISSA L. JAMISON Notary Public, State of New York No. 01JA Qualified in Kings County 201 Commission Expires July 30, i of 16

16 FILED : NEW YORK COUNTY CLERK INDEX 02:38 NO /2017 PM Index No /2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARIA MILLER AND DONALD P. MILLER, Plaintiffs, -against- CAROL TUNNEY, M.B. and 139 MFDICAL FACILITY, P.C., Defendants COMBINED DEMANDS KAUFMAN BORGEEST & RYAN LLP ATTORNEYS AT LAW BROADWAY, 14 FL NEW YORK, NY (212) KBR File No.: Attorneys for Defendant 139 MEDICAL FACILITY, P.C. 16 of 16