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1 FILED: KINGS COUNTY CLERK 03/12/ :11 PM INDEX NO /2014 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/12/2015 SUPREME COURT OF THE STATE OF NEW YORK )( INDEX NO.: /14/ ZAMIRA DOCI, -against - Plaintiff(s), VERIFIED ANSWER & CROSS-CLAIM WITH DEMAND FOR BILL OF PARTICULARS AMERICAN UNITED TRANS, OMAR REGLAS-DELEON AND GEZIM DOCI, Defendant(s). OUR FILE NO.: OUR CASE!D.: )( SIR(S)/ MADAM(S): The Defendant(s), AMERICAN UNITED TRANS AND OMAR REGLAS-DELEON by attorneys, BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C., answering the Complaint of the Plaintif{(s) herein, respectfully alleges upon information and belief, as follows: ANSWERING THE ALLEGED VERIFIED COMPLAINT;/ FIRST CAUSE OF ACTION ON BEHALF OF PLAINTIFF; ZAMIRA DOCI Upon information and belief, denies each and every allegation in the paragraphs of the Complaint designated as follows: 6, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 26, 28, 29, 30, 31, 32, 33, 34, 35,37. Denies any knowledge or information thereof, sufficient to form a belief as to the truth of the allegations contained in the paragraphs of the Complaint designated as follows: 1,2,3,9,20,21,22, 23,24,27,36. FIRST AFFIRMATIVE DEFENSE That the Court lacks personal jurisdiction over the answering Defendant(s) in that the Summons and Complaint was not served upon the Defendant(s), and if the Summons was served, it was not effected in accordance with the applicable provisions of Article 3 of the CPLR, said provisions governing the service of process. SECOND AFFIRMATIVE DEFENSE That by reason of all of the provisions of Article 51 of the New York Comprehensive Motor Vehicle Insurance Reparations Act, Sections 5101 to 5108, this Court lacks jurisdiction over the subject matter of this action and Plaintiff(s) is expressly prohibited by the above mentioned law from maintaining this action.

2 THIRD AFFIRMATIVE DEFENSE Pursuant to the C.P.L.R. Sections 1412, any damages sustained by the Plaintiff(s) were caused by the culpable conduct of the Plaintiff(s), including comparative negligence or assumption of the risk, and not by the culpable conduct or negligence of the answering Defendant(s). FOURTH AFFIRMATIVE DEFENSE Pursuant to C.P.L.R. 4545, Plaintiffs recovery should be reduced by any amounts received or to be received by Plaintiff(s) from collateral sources of payment. FIFTH AFFIRMATIVE DEFENSE That if the Plaintiff(s) suffered injury and damages in the manner and at the time and place alleged in the complaint, which this Defendant(s) denies and it be determined that said injury and damages were caused and contributed to by reason of the Plaintiffs failure to use or properly use seat belts or restraining devices, pursuant to the authority of SPIER V. BARKER, 35 N.Y.2d 444,363 N.Y.S.2d 916, Defendant(s) hereby pleads said failure in mitigation of damages. SIXTH AFFIRMATIVE DEFENSE That if it be determined hereafter that Plaintiff(s) or any party to this lawsuit has proceeded to arbitration with respect to any issue relevant to this action which results in an adverse ruling to said Plaintiff(s) or party, then and in that event, the answering Defendant(s) hereby plead said adverse ruling or award on the theory of collateral estoppel under the authority of MATTER OF AMERICAN INSURANCE CO. (MESSENGER-AETNA CAS. & SUR. CO.), 43 N.Y.2d 184,401 N.Y.S.2d 36; ALTMAN v. QUEENS TR. CORP., 94 Misc.2d 549, 405 N.Y.S.2d 212; DERMATOSSIAN v.new YORK CITY TRANSIT AUTHORITY, 67 N.Y.2d 219, 501 N.Y.S.2d 784; c.r. BALI)WIN v. BROOKS, 83 A.D.2d 85,443 N.Y.S.2d 906; CLEMMENS v. APPLE, 65 N.Y.2d 746 and SCHULTZ v.boyscouts OF AMERICA, 65 N.Y.2d 189. AS AND FOR A CROSS COMPLAINT AGAINST CO-DEFENDANT(S): GEZIM DOCI That if the Plaintiff(s) was/were caused to sustain any injury and damages as alleged in the complaint through the negligence or culpable conduct other than the Plaintiff's own negligence or culpable conduct, the alleged injury and damages were caused by the negligence or culpable conduct of the Co-Defendant(s) of the answering Defendant(s) named as parties to this action in failing to properly operate, control and/or maintain their motor vehicle(s) at the time and place and under the circumstances alleged in the Complaint, and that the answering Defendant(s) demand(s) indemnification and/or contribution pursuant to I)OLE V. DOW CHEMICAL CORP., N.Y.2d 143, 331 N.Y.S.2d 382 and Article 14 of the C.P.L.R. from said Co-Defendant(s) for all or part of any verdict or judgment which the Plaintiff(s) may recover against the answering Defendant(s).

3 W HER E FOR E, the cross-claiming Defendant(s) demand(s) judgment dismissing the Plaintiff's Complaint or in the event that the Plaintiff(s) recover(s) any sum of money against the Defendant(s), then this/these Defendant(s) demand(s) judgment ove gainst the Co-Defendant(s) above named as to any such amount, together with the costs 's rs ents of this action. DELEON One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: / Fax: Dated: Brooklyn, N.Y. FEBRUARY 19,2015 TO: SEE RIDER. FILE NO.:

4 AFFIRMATION STATE OF NEW YORK, ) ss.: RONIT Z. MOSKOVITS, an attorney duly admitted to practice law before the courts of the State of New York at law, hereby affirms pursuant to the C.P.L.R. and subscribing as true under the penalties of perj ury, as fo llows: That the Affirmant is associated with firm of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C., attorneys of record for the Defendant(s) in the above entitled action. That the Affirmant has read the foregoing VERIFIED ANSWER & CROSS-CLAIM, DEMAND FOR BILL OF PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION, NOTICE PURSUANT TO CPLR 2I03(e), DEMAND FOR MEDICAL INFORMATION, COMBINED DEMAND, NOTICE OF INSURANCE INFORMATION DEMAND FOR MEDICARE/MEDICAID INFORMATION, AND NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR FAX TRANSMITTALS and knows the contents thereof; that same is true to the Affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters, the Affirmant believes them to be true. This Verification is made by Affirmant and not by the Defendant(s) because said Defendant(s) were not within the County in which the firm of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. maintain their offices for the practice of law when this VERIFIED ANSWER & CROSS-CLAIM, DEMAND FOR BILL OF PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION, NOTICE PURSUANT TO CPLR 2103(e), DEMAND FOR MEDICAL INFORMATION, COMBINED DEMAND, DEMAND FOR MEDICARE/MEDICAID INFORMATION, AND NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR FAX TRANSMITTALS was drafted. The grounds of Affirmant's belief as to all matters not stated upon her knowledge are as follows: DATED AFFIRMED: Brooklyn, N.Y. FEBRUARY 19,2015 BOOKS AND RECORDS MAINTAINED BY THE FIRM OF BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. AND INFORMATION SUPPLIED BY AMERICAN TRANSIT INSURANCE COMPANY. 782/75314 TO: SEE RIDER. FILE NO.:

5 SUPREME COURT OF THE STATE OF NEW YORK )( INDE)( NO.: /14 ZAMIRA DOCI, -against - Plaintiff(s), DEMAND FOR BILL OF PARTICULARS AMERICAN UNITED TRANS, OMAR REG LAS-DELEON AND GEZIM DOCI, OUR FILE NO.: OUR CASE ID.: Defendant(s) )( SIR S / MAD A M S: PLEASE TAKE NOTICE THAT PURSUANT TO ARTICLE 30 OF THE C.P.L.R., you are hereby required to file and serve upon the undersigned the following Verified Bill of Particulars of Plaintiffs alleged cause of action herein within twenty (20) days from the date of service hereof. 1. The name and address of the Plaintiff(s). 2. The age and date of birth of the pjaintiff(s) 3. The social security numbers of Plaintiff(s). 4. The date and time of the day of the occurrence. 5. State the location of the accident/occurrence in sufficient detail to permit identification, giving direction in which each car was proceeding immediately before and at the time of the accident. 6. Statement setting forth all of the acts or omissions constituting the negligence claimed. 7. State what part(s) of each of the respective vehicles came in contact with each other. 8. State those statutes, rules, laws and/or ordinances that the Defendant(s) has/have violated. IF PROPERTY DAMAGES ARE BEING CLAIMED, SET FORTH: 9. Itemized statement of the alleged damages to Plaintiffs vehicle, together with the cost of repairs of each item. 10. State the make, model and the year of manufacture of Plaintiffs vehicle and the reasonable market value of same immediately prior to and immediately after the alleged

6 accident. IF PERSONAL INJURIES ARE BEING CLAIMED, SET FORTH: II. The nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff(s) and which, if any, are claimed to be permanent. 12. If Plaintiff(s) admitted to any hospital or emergency room resulting from this accident/occurrence, state name and address of same, treating physicians & date of admission and discharge there from. 13. The length of time, giving specific dates, Plaintiff(s) was/were confined to bed at home, and to home as a result of the alleged injuries. 14. The length of time during which Plaintiff(s) was incapacitated from employment and/or household duties as a result of the alleged injuries, giving specific dates. Set forth the amount of earnings or wages claimed to have been lost and the rate of wages or basis of remuneration received by the Plaintiff(s). 15. Total amounts claimed as special damages for: a.) Physicians' services, b.) Medical supplies, c.) Nurses' services, d.) Hospital expenses, e.) X-ray expenses, f.) Any other items of special damages claimed. 16. State Plaintiffs occupation; name & address of Plaintiffs employer at the time of the accident. If Plaintiff(s) is/are self-employed, please state nature of business, business name and address, and Federal J.D. number. 17. If claim is made for loss of earnings, please provide either W-2 forms or certified copies of tax returns for the year of occurrence and the year prior and subsequent to the occurrence. 18. If Plaintiff(s) was a student at the time of the alleged occurrence, set forth the name and address of the school attended at time of accident and designated class or grade, and the length of time Plaintiff(s) was unable to attend classes. 19. Set forth all collateral sources under C.P.L.R. 4545(c), specifying date paid, amount of co11ateral source payment, by whom paid, specifying name, address, file or claim number and a11 particulars identifying the payer. 20. State in what respect Plaintiff(s) has/have sustained a serious injury, as defined in subdivision (d) of Section 5102 of the Insurance Law or economic loss greater than basic economic loss, as defined in subdivision (a) of Section 5102 of the Insurance Law. IF WRONGFUL DEATH AND/OR CONSCIOUS PAIN AND SUFFERING IS/ARE CLAIMED: 21. Set forth the place and date of the marriage of the decedent, if married, and to whom at the time of death. If the Plaintiff(s) was not married to decedent, set forth the relationship at the time of death.

7 22. Set forth the name(s) and address(es) of the decedent's next of kin and heirs at law and distributees, specifying as to each: (i) Their date of birth, (ii) Their occupations, if any, (iii) Their marital status. 23. State the manner in which the damages allegedly sustained by decedent's next of kin and heirs at law and distributees was computed. 24. Set forth copy of Letters, Testamentary or Limited Letters of Administration. Dated: Brooklyn, N. Y. FEBRUARY 19,2015 Yours, etc., DELEON BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) AMERICAN UNITED TRANS AND OMAR REG LAS- One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: / Fax: TO: SEE RIDER.

8 SUPREME COURT OF THE STATE OF NEW YORK X INDEX NO.: /14 ZAMIRA DOCI, -against - Plaintiff(s), NOTICE FOR DISCOVERY AND INSPECTION ARTICLE 31 C.P.L.R. AMERICAN UNITED TRANS, OMAR REG LAS-DELEON AND GEZIM DOCI, Defendant(s). OUR FILE NO.: OUR CASE!D.: X SIR (S) / MAD A M (S): PLEASE TAKE NOTICE, that the Plaintiff(s) herein, pursuant to Section 3101 et seq. and Rule 3120 of the C.P.L.R. is/are required to produce and allow discovery, inspection and copying to be made by the Defendant(s) herein, and the Defendant(s)' attorney(s) of the following items, writings and objects maintained, controlled or supervised by the Plaintiff(s) or his/her/its'/their attorney(s), agents, servants and/or employees: (See page 2) In lieu of strict compliance with the terms and conditions of this Notice, the undersigned will accept clearly legible photocopies of the said items, if received by the undersigned at least five (5) days prior to the return date hereof, together with a letter from the Plaintiff's attorneys advising as to the completeness of the items provided. PLACE OF DISCOVERY: BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) AMERICAN UNITED TRANS AND OMAR REGLAS- DELEON One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: / Fax: DATE &, TIME OF DISCOVERY: MARCH 19,2015,10:00 O'CLOCK AM Dated: Brooklyn, N.Y. FEBRUARY 19,2015 TO: SEE RIDER.

9 SIR(S)/ MADAM(S): 1. True copy of any statement of Defendant(s) herein, pursuant to C.P.L.R. 310 I (e). 2. Photographs of any vehicle involved in the accident or the accident scene or of any of the parties herein following the accident. 3. Records of inspection, maintenance, and report of the vehicle owned by the Plaintiff(s) which was involved in this occurrence for a period of onc year prior to the accident date herein. 4. True copy of any accident report concerning this occurrence in the custody and control of Plaintiff(s) made in the ordinary course of business, pursuant to C.P.L.R. 310.l(g). 5. True copy of any MV 104 and police report filed by the operators of any motor vehicles involved in this accident. 6. The names and last known addresses of any witness to the occurrence herein, pursuant to ZA Y AS v. MORALES, 45 A.D.2d 610, 360 N.Y.S.2d The name and last known address of any person who has information concerning the condition of the vehicle owned by the Plaintiff(s) and involved in the subject occurrence herein, as it was on the date of accident or at the time it was last in the custody and control of the Plaintiff(s). 8. Authorization to obtain no fault file and/or worker's compensation file. All authorizations must be HIPAA compliant pursuant to section of the Federal Mandated Final Privacy Rule. 9. Authorization to obtain employment record(s) and workers compensation record(s). All Authorizations must be HIPAA compliant pursuant to section of the Federal Mandated Final Privacy Rule. 10. Notice of Arbitration and Award in any Arbitration Proceeding arising from the accident, which is the subject of this action. 11. Authorization to obtain all treating physician(s)' reports, bills, hospital records, surgical reports, pathology reports, toxicology reports, autopsy reports and bills of any medical condition(s) claimed to have been activated, precipitated or aggravated by the accident which is the subject of this action. Authorizations must be HIPAA compliant pursuant to Section of the Federal Mandated Final Privacy Rule. 12. Copy of primary and/or excess insurance policy limits of Co-Defendant(s). 13. Produce authorization(s) to obtain any and all prior medical treatment records, reports and diagnostic films, pertaining to any medical treatment for a prior injury to the same body parts or systems, which Plaintiff(s) will allege were injured in the accident in issue. 14. Produce authorization(s) to obtain Summons and Complaint, Bill of Particulars (or like pleading) and any and all Medical Record(s) and Report(s) exchanged in al1 prior personal injury lawsuits brought by Plaintiff(s). Dated: Brooklyn, N.Y. FEBRUARY 19,2015 Yours, etc., DELEON BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) AMERICAN UNITED TRANS AND OMAR REG LAS- One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: / Fax: TO: SEE RIDER.

10 SUPREME COURT OF THE STATE OF NEW YORK ,)( INDE)( NO.: /14 ZAMIRA DOCI, Plaintiff(s), NOTICE PURSUANT TO CPLR 2103(e) -against - AMERICAN UNITED TRANS, OMAR REG LAS-DELEON AND GEZIM DOCI, OUR FILE NO.: OUR CASE 10.: Defendant(s) )( SIR(S)1 MADAM(S): PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 2103(e), demand hereby is made upon you to supply the undersigned, in writing, with a list of those parties who have appeared in the action and the names and addresses of their attorneys. Dated: Brooklyn, N.Y. FEBRUARY 19,2015 Yours, etc., DELEON BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for DeJendant(s) AMERICAN UNITED TRANS AND OMAR REGLAS- One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: Fax: TO: SEE RIDER.

11 SUPREME COURT OF THE STATE OF NEW YORK X Index No.: /14 ZAMIRA DOCI, -against- Plaintiff( s), DEMAND FOR AUTHORIZATIONS TO OBTAIN MEDICAL INFORMATION DEMAND FOR A PHYSICAL EXAMINATION AMERICAN UNITED TRANS, OMAR REGLAS-DELEON AND GEZIM DOCI, Defendant(s) X Case 10: Our File No.: DEMAND FOR AUTHORIZA nons TO OBTAIN MEDICAL INFORMA non PLEASE TAKE NOTICE that pursuant to CPLR ss. 3101(a) and 3121, Defendant(s) hereby demand that Plaintiff serve upon and deliver to the defendant(s) a response to the following demands, within 20 days as required per CPLR 3122(a)(l): 1) The name of all medical treatment providers, and the name and address of ALLmedical treatment facilities, from whom and where plaintiff received treatment for any injury alleged. 2) Duly executed HIPAA compliant written authorization to each medical provider or facility disclosed in response to #1 above, permitting defendants' attorneys to obtain full and complete copies of all reports, records, operative admission and nursing/anesthesia notes, photos, diagnostic images, and pathology reports, from any treatment provider(s). All such authorizations must be HIPAA compliant, and must specify the name of this firm, as defendants' attorneys, to obtain the copies of the authorized information. All authorizations for facilities at which surgery was performed, are demanded to overtly state and specify that the "ENTIRE OPERATIVE ADMISSION RECORDS, INCLUDING ALLNURSING, ANESTHESIA, AND PATHOLOGY RECORDS" be authorized to be furnished. Authorizations for Emergency Medical Service (Ambulance) records and reports maintained by the NYFD (New York Fire Dept.), MUST be furnished in the form required by that agency. (please see annexed rider) 3) The name and business address of Plaintiff's PRIMARY CARE PHYSICIAN(s), during the three years prior to the date of accident, and all times following the accident. 4) Duly executed written authorizations, permitting defendants' attorneys to obtain copies of all medical records of the plaintiff's PRIMARY CARE PHYSICIAN, for any and all consult, diagnosis, or treatment of any complaints relative to the plaintiff's physical condition, for a period of three years prior to the accident, and all times following the accident. 5) The name, address, and policy number(s) of each plaintiff's PRIMARY MEDICAL INSURANCE POLICY ADMINISTRATOR(S), for the three years immediately preceeding the date of accident, and all times following the accident.

12 6) Duly executed written authorization(s), permitting defendants' attorneys to obtain copies of all medical records of each plaintiff's PRIMARY MEDICAL INSURANCEADMINISTRATOR(S), for all medical, billing and payment for consultation or treatment of plaintiff, during the three years immediately preceeding the date of accident, and all times following the accident. All demands are continuing demands, and all responses, including specific objections are due within 20 days ofthe date of service, pursuant to CPLR Furthermore, pursuant to CPLR 3101(h) amendments and supplements are owed upon a party's obtaining information that the response made was incorrect or incomplete, no longer is correct and complete, and circumstances are such that a failure to amend or supplement the initial response would be materially misleading. Any failure to timely amend or supplement responses may result in a motion to preclude. Dated: FEBRUARY 19, 2015 Brooklyn, New York BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. One Metrotech Center, 8 th FIr. Brooklyn, New York

13 SUPREME COURT OF THE STATE OF NEW YORK X Index No.: /14 ZAMIRA DOCI, Plaintiff(s), -against- DEMAND FOR PHYSICAL EXAMINATlON(S) &MEDICAL REPORTS AMERICAN UNITED TRANS, OMAR REGLAS-DELEON AND GEZIM DOCI, Defendant(s). Case ID: Our File No.: X PLEASE TAKE NOTICE that pursuant to and CPLR 3121 and NYCRR Defendants hereby demand that plaintiff(s) submit to physical examination(s) to be conducted by physician(s) designated by the defendants, at time(s) and place(s) to be specified by defendants. The physical examination(s) will be designated at a place within reasonable distance of the Courthouse, and/or plaintiffs attorney's office(s). PLEASE TAKE NOTICE that is hereby demanded that plaintiff serve copies of the medical reports and records of all those physicians and/or hospitals which have previously treated or examined the plaintiff(s) for any injuries alleged; Failure to exchange copies of treating physicians reports/records, within the time set forth under the rule, will prevent the exam from going forward, and plaintiff will be responsible for any costs incurred due to a cancellation on such grounds. PLEASE TAKE NOTICE that it is hereby demanded that plaintiff notify defense counsel IN WRITING, at least 10 days prior to the examination, Ifthe plaintiff(s) will require the use of an interpreter to translate into a language other than English, in order for the examining physician to communicate with the plaintiff during the exam. An interpreter will be provided for conduct of the exam. PLEASE TAKE NOTICE that no person other than an attorney representing the plaintiff will be permitted to attend any plaintiffs physical examination for purposes of observing the exam, nor may any recording of any part of the examination - in any media format - be made during the exam, unless permission for a specific designated observer to attend, or the making of an audio or video recording of any part of the exam, unless prior application to the Court has resulted in a written decision/order of the Court authorizing such action. Parsons v. Hvtech Tool & Die, Inc., 661 N.Y.S.2d 362, (4 Dept. 1997); A.W. v. County of Oneida, 827 N.Y.S.2d 790 (4 Dept. 2006); Jakubowski v. Lengen, 86 A.D.2d 398, 450 N.Y.S.2d 612 (4 Dept. 1982) ; Lamendola v. Slocum, 148 A.D.2d 781, 538 N.Y.S.2d 116 (AD 31989); Mertz v. Bradford, 152 A.D.2d 962, 543 N.Y.S.2d 786 (AD 41989). Additionally, in the event any such recording is improperly or secretly made in contravention ofthis demand and the case law, and with or without the knowledge of plaintiffs counsel, such recording must be disclosed and exchanged, pursuant to CPLR and 3101(i) and 3101(a)(3). PLEASE TAKE NOTICE, that any objection to the designated physician to conduct a physical examination, or the designated date and/or time of the examination, made pursuant to this notice, must be served in the manner, and within the time, set forth in CPLR 3121 and NYCRR Failure to do so will be deemed a waiver of any objection, and plaintiff will be responsible for costs resulting from improper or untimely objection. Dated: FEBRUARY 19, 2015 Brooklyn, New York BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. One Metrotech Center, 8 th FIr. Brooklyn, New York

14 SUPREME COURT OF THE STATE OF NEW YORK X INDEX NO.: /14 ZAMIRA DOCI, COMBINED DEMAND Plaintiff(s), 1. FOR NAMES A ADDRESSES OF ALL WITNESSES; -against - AMERICAN UNITED TRANS, OMAR REGLAS-DELEON AND GEZIM DOCI, Defendant(s). -, X 2. FOR EXPERT DISCLOSURE; 3. PRODUCTION OF COPIES OF STATEMENTS TAKEN OF THISITHESE ANSWERING DEFENDANT(S) OUR FILE NO.: OUR CASE 10.: SIR (S) 1 MAD A M (S): PLEASE TAKE NOTICE, that the Defendant(s) demand(s) that you set forth in writing, under oath, and serve upon us within Twenty (20) days of this date, the names and addresses of each person known or claimed by you to be witness to the occurrence and as to notice of the condition, if any, alleged in the complaint in this action. The demand is an on-going demand. PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R (d)(i), you are hereby required to set forth the following: (a) The name and address of each and every person you expect to call as an expert witness at the trial of this action; (b) In reasonable detail, the subject matter on which each expert is expected to testify; (c) The substance of the facts and opinions on which each expert is expected to testify; (d) The qualifications of each expert, and; (e) A summary of the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE, that the answering Defendant(s) demand(s) that each and every party to this action produce legible copies of any and all statements, written or electronically recorded, taken of the answering Defendant(s) by any other party to this action within 20 days of the date. Dated: Brooklyn, N.Y. FEBRUARY 19,2015 Yours, etc., TO: SEE RIDER. BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) AMERICAN UNITED TRANS AND OMAR REG LAS- DELEON One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: Fax:

15 SUPREME COURT OF THE STATE OF NEW YORK )( INDE)( NO.: /14 ZAMIRA DOCI, Plaintiff(s), NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR FA)( TRANS MITT ALS -against - AMERICAN UNITED TRANS, OMAR REG LAS-DELEON AND GEZIM DOCI, OUR FILE NO.: OUR CASE 10.: Defendant(s) )( SIR(S)/ MADAM(S): PLEASE TAKE NOTICE, that pursuant to CPLR 5 the office of BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C. will not accept service of papers, notices, motions, etc. by facsimile (FA)() transmittal or by any other electronic means. Dated: Brooklyn, N. Y. FEBRUARY 19,2015 Yours, etc., BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for DeJendant(s) AMERICAN UNITED TRANS AND OMAR REGLAS- DELEON One Metrotech Center, 8th Floor Brooklyn, N.Y Telephone: / Fax: TO: SEE RIDER.

16 SUPREME COURT OF THE STATE OF NEW YORK )( INDE)( NO.; /14 ZAMIRA DOCI, -against - Plaintiff(s), NOTICE FOR INSURANCE INFORMATION AMERICAN UNITED TRANS, OMAR REG LAS- DELEON AND GEZIM DOCI, Defendant(s). OUR FILE NO.: OUR CASE!D.: )( Sirs/Madams: PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3101(1), demand is hereby made upon you for your policy limits including all excess insurance. Failure to disclose same will necessitate the undersigned to procure a Court order and sanctions. Dated: Brooklyn, N.Y. FEBRUARY 19,2015 Yours, etc. BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) AMERICAN UNITED TRANS AND OMAR REGLAS- DELEON One Metrotech Center, 8TH Floor Brooklyn, N.Y Telephone: (212) O/Fax: (212) TO: SEE RIDER.

17 SUPREME COURT OF THE STATE OF NEW YORK )( INDE)( NO.: /14 ZAMIRA DOCI, -against - Plaintiff(s), DEMAND FOR MEDICARE/MEDICAID INFORMATION AMERICAN UNITED TRANS, OMAR REGLAS- DELEON AND GEZIM DOCI, Defendant(s) )( COUNSELORS: OUR FILE NO.: OUR CASE ID.: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR and 42 USC S 1395y (b) (8) (A), the undersigned attorneys for Defendant(s), AMERICAN UNITED TRANS AND OMAR REGLAS-DELEON, hereby demand that Plaintifffurnish within thirty (30) days of service ofthis notice the following: I. A statement as to whether the Plaintiff has received benefits from either Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. If so, please state andlor provide: a. Plaintiffs full name; b. Plaintiff's gender; c. Plaintiff's date of birth; d. Plaintiff's Social Security number; e. Plaintiffs residence telephone number; f. The Health Insurance Claim Number andlor MedicarelMedicaid file number; g. The address of the office handling the plaintiffs Medicare andlor Medicaid file; h. A duly executed authorization bearing plaintiffs date of birth and Social Security number permitting this firm andlor the representatives of defendant (s) to obtain copies of Plaintiffs Medicare andlor Medicaid records. 2. State whether Medicare andlor Medicaid has a lien and the amount of any such lien. 3. Provide copies of all documents, records, memoranda, notes, etc., in Plaintiffs possession pertaining to Plaintiff's receipt of Medicare andlor Medicaid benefits, including copies of all documents provided to or received from the Medicare andlor Medicaid administrator. 4. If any Medicare andlor Medicaid Secondary Payer (MSP) claims exist, please provide a copy of the claim summary from Medicare andlor Medicaid regarding those claims. 5. If Plaintiff has not received Medicare andlor Medicaid benefits in the past or is not receiving Medicare andlor Medicaid benefits now, state whether Plaintiff is eligible to receive Medicare andlor Medicaid benefits. 6. If Plaintiff has been receiving Medicare andlor Medicaid benefits and is now deceased, please provide the

18 following: a. Relationship of the administrator of Plaintiff's estate to plaintiffs decedent; b. Name and address of Plaintiffs administrator; c. Telephone number and\or address of Plaintiff's administrator; d. Social Security number of Plaintiffs administrator; e. An authorization to examine and copy deceased's Medicare and\or Medicaid records. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information within (30) days of the date of this demand. PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand for Medicare\Medicaid information may result in the necessity of a Motion to Compel discovery accompanied by a request for the appropriate costs. Dated: Brooklyn, N.Y. FEBRUARY 19,2015 DELEON BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant(s) AMERICAN UNITED TRANS AND OMAR REG LAS- One Metrotech Center, 8TH Floor Brooklyn, N.Y Telephone: (212) /Fax: (212) TO: SEE RIDER.

19 TO: MARINA TRUBITSKY Attorney(s) for Plaintiff(s) ZAMIRA DOCI II BROADWAY, SUITE 861 NEW YORK, NY Telephone: (212) cc: GEZIM DOCI Co-Defendant(s) 1917 STILLWELL AVE #IB BROOKLYN, NY 11223

20 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK, ) 88.: DONNA KUENSTLE, being duly affirmed deposes and says: Deponent is not a party to this action, is over 18 years of age, and resides in KINGS County,. On 12 TH DAY OF MARCH, 2015 deponent served the within VERIFIED ANSWER & CROSS. CLAIM, DEMAND FOR BILL OF PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION, NOTICE PURSUANT TO CPLR 2103(e), DEMAND FOR MEDICAL INFORMATION, COMBINED DEMAND, NOTICE FOR INSURANCE INFORMATION, DEMAND FOR MEDICARE/MEDICAID INFORMATION, AND NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR FAX TRANSMITTALS upon the attorneys listed below, at his/her/its listed addresses which were so designated by said attorneys for said purpose, by depositing a true copy of same enclosed in a post paid properly addressed wrapper in a post office under the exclusive care and custody of the U.S. Postal Service within the State of New York and upon the attorney(s) listed below by e-filing with the Court. TO: MARINA TRUBITSKY Attorney(s) for Plointiff(s) ZAMIRA DOCI II BROADWAY, SUITE 861 NEW YORK, NY Telephone: (212) CC: GEZIM DOC I Co-Defendant(s) 1917 STILLWELL AVE #IB BROOKLYN. NY SWORN BEFORE ME T 12 TH DAY OF M H FILE NO.:

21 Index No.: /14 SUPREME COURT OF THE STATE OF NEW YORK ZAMIRA DOCI, Plaintiff(s), - against - AMERICAN UNITED TRANS, OMAR REGLAS-DELEON AND GEZIM DOCI, Defendant(s). VERIFIED ANSWER & CROSS-CLAIM, DEMAND FOR BILL OF PARTICULARS, NOTICE FOR DISCOVERY AND INSPECTION, NOTICE PURSUANT TO CPLR 2103(e), DEMAND FOR MEDICAL INFORMATION, COMBINED DEMAND, NOTICE FOR INSURANCE INFORMATION, DEMAND FOR MEDICARE/MEDICAID INFORMATION,AND NOTICE DECLINING SERVICE BY MEANS OF ELECTRONIC OR FAX TRANSMITTALS BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.c. Attorneys for: AMERICAN UNITED TRANS AND OMAR REG LAS-DELEON Office and Post Ollice Address, Telephone One Metrotech Center, 8th Fl. Brooklyn, NY, Telephone: (212) / Fax: (212) To: MARINA TRUBITSKY Attorney(s) for: ZAMIRA DOCI Service of a copy of the within is hereby admitted. Dated Attorney(s) for Defendant(s) SIGNING REQUIREMENT PURSUANT TO FILE NO.: RaNI