FILED: KINGS COUNTY CLERK 07/31/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/31/2013

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1 FILED: KINGS COUNTY CLERK 07/31/2013 INDEX NO /2013 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/31/2013

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), DEMAND PURSUANT TO CPLR 3102(a) Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): Please take notice that pursuant to CPLR 3102(a) and CPLR Rule 2103(e), you are hereby required to provide to the undersigned a list of those attorneys who have appeared in this action together with their addresses and the name of the party for whom such attorney has appeared. Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M38-827

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), VERIFIED ANSWER AND CROSS-CLAIM Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): herein: The defendant(s), Orinthia P. Palmer and Tamieka T. Allison, answering the Complaint First: Admit(s) each and every allegation in the paragraph(s) of the Complaint designated as follows: 11, 16, 21, 22 and 23. Second: Deny/denies each and every allegation in the paragraph(s) of the Complaint designated as follows: 30, 31, 32, 33, 34, 39, 46, 47, 48, 49, 50 and 55. Third: Deny/denies any knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Complaint designated as follows: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, 24, 25, 26, 27, 28, 29, 41, 42, 43, 44 and 45. Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the Complaint designated as follows, and refers all questions of law to the Court: 35, 36, 51 and 52. Fifth: Deny/denies any knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Complaint designated as follows, and refers all questions of law to the Court: 37, 38, 53 and 54. 2

4 Sixth: Repeat(s), reiterate(s) and reallege(s) all admissions and denials contained in the foregoing paragraph(s) which set forth an answer to all the allegations contained in all of the paragraphs of the Complaint designated as follows: 40. The Defendant(s), Orinthia P. Palmer and Tamieka T. Allison, Set(s) Forth the Following Affirmative Defenses Seventh: That whatever damage, personal injury, injury to property or wrongful death the plaintiff(s) and/or the plaintiff(s) s decedent may have sustained, if any, at the time and place alleged in the Complaint herein, or any amendments thereto, was caused by the carelessness, negligence, recklessness, assumption of risk and culpable conduct and want of care on the part of the plaintiff(s) and/or the plaintiff(s) s decedent; and if any carelessness, negligence, recklessness or culpable conduct upon the part of the answering defendant(s) caused or contributed to such injury or wrongful death and damages to the plaintiff(s) and/or the plaintiff s decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s) and/or the plaintiff s decedent in causing the accident and any damages sustained. Eighth: Ninth: The plaintiff(s) failed to mitigate damages allegedly suffered. Upon information and belief, some or all of the damages alleged in the plaintiff(s) s Complaint is/are barred and/or subject to the qualification of the provision of 4545 of the CPLR. Tenth: If it is determined that the plaintiff(s) failed to use available seat belts, the defendant(s) plead(s) said fact in mitigation of damages. Eleventh: In the event that any person or entity liable or claimed to be liable for the injuries or damages alleged in this action has been given or may hereafter be given a release or covenant not to sue, the answering defendant(s) will be entitled to protection under New York 3

5 General Obligations Law and the corresponding reduction of any damages that may be determined to be due against the answering defendant(s). As and for a Cross-complaint Against the Co-defendant(s), Marie L. Louizaire, the Defendant(s) Respectfully Allege(s) Twelfth: That if the plaintiff(s) was/were caused to sustain damages as alleged in the Complaint other than through his/her/their own carelessness, recklessness or negligence, then all such damages would have been caused and/or brought about, in whole or in material part, by the affirmative wrong doing, fault, negligence, recklessness or failure of due care of the codefendant(s), Marie L. Louizaire, without any similar acts of the answering defendant(s) contributing thereto, and in the event that the answering defendant(s) should be held liable for any amount of damages caused to the plaintiff(s), then a separate determination should be made as to the proportion of relative responsibility and culpable conduct of the co-defendant(s), Marie L. Louizaire, and said co-defendant(s) shall be held liable over the answering defendant(s) for the full amount of any verdict or judgment that the plaintiff(s) may recover against the answering defendant(s) or for any part thereof, according to the proportionate share of fault of the defendant(s), Orinthia P. Palmer and Tamieka T. Allison. Wherefore, the defendant(s), Orinthia P. Palmer and Tamieka T. Allison, demand(s) judgment as follows: a. dismissing the Complaint herein, together with the costs and disbursements of this action; and b. judgment over and against the co-defendant(s), Marie L. Louizaire, for the full amount of any judgment which may be obtained herein by the plaintiff(s), Bergmann Dhaiti and Noyesse Dhaiti, against the answering defendant(s), or in such amount as the 4

6 Court or Jury may direct in accordance with the relative responsibilities and culpabilities of the parties. Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M

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8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), DEMAND FOR BILL OF PARTICULARS Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): Please take notice that pursuant to the applicable rules of the CPLR, the defendant(s) demand(s) that you serve upon the undersigned within twenty days: 1. State any name used by each plaintiff other than specifically stated above. 2. The date, time of day of the claimed occurrence and its exact location. 3. Statement of the acts or omissions constituting the negligence claimed as they allegedly relate to the defendant(s). 4. State by section and title, statutes, regulations, rules, ordinances and any other laws it will be claimed were violated by the defendant(s). 5. State the nature, location and extent of claimed injuries. a. State in detail which injuries are claimed to be permanent. 6. Length of time confined to: (a) hospital(s) giving name and address of hospital(s), (b) bed, (c) house; (2) length of time totally disabled, (3) length of time partially disabled. 7. State the occupation, employment or trade of the plaintiff(s) setting forth: (a) name of employer(s); (b) address of employer(s); (c) name of the plaintiff direct supervisor(s) (d) the number of working days incapacitated; (e) rate of pay and (f) total loss of earnings claimed. 7

9 a. If the plaintiff(s) was a student/were students, state (a) the name and address of the school(s), (b) the dates the plaintiff(s) claim(s) to have been unable to attend school. 8. Separately, state the amounts claimed as special damages for each of the following, itemizing special damages for each provider: (a) physician s services, (b) medical supplies, (c) hospital charges, (d) x-ray expenses, (e) nurse s services, (f) loss of earnings, (g) other expenses (itemized). 9. Provide the plaintiff(s) s address, date of birth and social security and/or tax identification number if an alien, please provide alien registration card number. 10. State the directions of travel of the parties at the time of the occurrence. 11. If loss of services, society and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; (c) the particular services claimed for loss of services, consortium, medical expenses and other expenses. 12. If it is claimed that a dangerous and/or defective condition caused and/or contributed to the occurrence alleged in the Complaint, set forth in detail each and every condition, claimed to have been dangerous and/or defective, and how and in what manner each is claimed to have been dangerous and/or defective and state how such condition(s) caused and/or contributed to the alleged occurrence. 13. If actual notice of any dangerous and/or defective condition is claimed to have been given and/or supplied to the defendant(s), set forth: (a) the names and addresses of any persons by whom notice was given/supplied; (b) the names and addresses of any persons to 8

10 whom notice was given/supplied; (c) the time, date and place notice was given/supplied in each instance. 14. If constructive notice of any dangerous and/or defective condition is claimed was given and/or supplied to the defendant(s), set forth: (a) the conditions by which notice was supplied; (b) the time, date and place notice was had in each instance; (c) duration of condition with the date(s) of inception constructive notice will be claimed to have been given defendant(s). 15. If medical payments or lost earning were obtained from any collateral source, including but not limited to worker s compensation, no-fault, private health insurance, employee benefit programs, prepaid health plans or other liability or first party coverage, state and/or provide: (a) the name of each organization that made such payments; (b) the amounts of each such payment and copies of receipts and/or canceled checks; (c) the dates of each payment; (d) the policy(ies) or contract number pursuant to which such payments were made and a copy of such policy(ies); (e)the limits of coverage for such payments; (f) the premium amounts paid by the plaintiff for such coverage; (g) the length of time such coverage remained or will remain in effect for; and (h) the amounts to be owed plaintiff to continue such coverage. 16. Set forth in what respect the plaintiff(s) sustained a serious injury, as defined in subdivision four of the Insurance Law, 5102(d). 17. Set forth in what respect the plaintiff(s) sustained an economic loss greater than basic economic loss, as defined subdivision one of the Insurance Law, Section 5102(a). 18. If personal or real property damage is claimed, set forth: (a) description of the property damaged, (b) date of purchase and price paid, (c) value of property at time of loss, (d) detailed list of repairs necessary and the cost thereof and (e) salvage value recovered, if any. 9

11 19. State the amounts of any purported lien(s) or lawful lien(s) against the plaintiff(s) s recovery, and if any are known to the plaintiff(s), state the basis of said lien(s), the date(s) said lien(s) were established, asserted, filed, and/or perfected and state the name(s) of any lienholder(s) or purported lienholder(s). liable. 20. State the basis for the claim that the defendant(s) is/are jointly and severally Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), NOTICE OF DISCOVERY AND INSPECTION Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): Please take notice that pursuant to CPLR 3101 and 3120, the plaintiff(s) is/are hereby required to produce, furnish and permit discovery by the defendant(s), defendant(s) s attorneys, or representatives, the following items and/or documents for inspection within 30 days from the date of this Notice at 10 o clock in the forenoon at the office of the defendant(s) s attorneys: 1. The names and addresses of each person claimed by any party you represent, to be a witness to the occurrence complained of; and in addition thereto, any witness to the claimed acts, omissions or conditions which allegedly caused the accident alleged in the Complaint. If no such witnesses are known to the plaintiff(s), so state in reply to this demand. 2. Pursuant to CPLR 3101(e) and 3120, each and every statement, written or recorded or otherwise, made by or taken from each such party represented by the undersigned and his, her, or its agents, servants, or employees now in your possession, custody or control or in the possession, custody or control of any party you represent in this action if such statement in any manner bears on the issues in this action. 3. If the plaintiff(s) was a/were student(s) at the time of the occurrence complained of herein, it is hereby requested that you furnish the undersigned with the names and addresses of 11

13 all schools attended by the plaintiff(s), along with duly executed and acknowledged authorizations enabling the undersigned to obtain the complete file compiled by the relevant school authority in connection with the plaintiff(s) s status as a student in that school or school district. This authorization shall allow access to, but shall not be limited to, records concerning the plaintiff(s) s class attendance, grades performance and disciplinary matters (if any). 4. The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the plaintiff(s) for each of the conditions allegedly caused by or exacerbated by the occurrence described in the Complaint, including the date(s) of such treatment or examination. 5. Duly executed and acknowledged written authorizations allowing the defendant(s) to obtain the complete office medical records relating to the plaintiff(s) of each health care provider identified in (4). 6. Duly executed and acknowledged written authorizations directed to any hospital(s), clinic(s) or other health care facility in which the injured plaintiff herein is or was 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, technicians reports and intra-operative photographs. 7. All photographs under the control of the plaintiff(s), the plaintiff(s) s attorney(s), representatives and agents showing: (a) the condition of the scene or to be alleged to represent the scene at the time of the accident; (b) extent of damage to the vehicle(s), if any, following the accident; (c) injuries to the plaintiff(s). 8. Authorizations permitting the undersigned to obtain the plaintiff(s) s personnel, employment and/or wage records and W-2s from the plaintiff(s) s employer(s) for the period two 12

14 years prior to the occurrence which is the basis for the lawsuit, and for any subsequent year in which it is claimed that the plaintiff(s) sustained a loss and/or decrease in income and/or earnings as a result of the aforementioned occurrence. a. If the plaintiff(s) was/were self-employed, provide copies of the plaintiff Federal, State and City Income Tax Returns for the period commencing three years prior to the alleged occurrence through the current tax year. 9. Duly executed authorizations allowing the defense to review and/or obtain the records of the Worker s Compensation Board of the State of New York with reference to the injured party(ies) s claim for worker s compensation benefits. Also provide: (a) The Worker s Compensation Board file number; (b) The name, address and file number of each insurance company that provided worker s compensation benefits to the injured party(ies) and duly executed authorizations to obtain their files with reference to the injured party(ies) s claim. 10. Authorizations permitting the undersigned to obtain the plaintiff No Fault file records with respect to injuries claimed in the accident. Include No Fault file number. 11. Pursuant to CPLR 3101 and 4545(c), all documents, records, bills, invoices, receipts or canceled checks concerning indemnification, payment and reimbursement, in whole or in part, which the plaintiff(s) have/had received from collateral sources, including, but not limited to, benefit programs for the cost of medical, custodial, and rehabilitation services, loss of earnings and other economic loss which the plaintiff(s) will claim as special damages in this action; and in the event the plaintiff(s) is/are awarded judgment against the defendant(s), the amount of such judgment be reduced by such amount(s) that may be established on trial, and as authorized by CPLR 4545(c). 13

15 12. Names and addresses of all ambulance (private and public) companies, taxicab and/or public and/or private livery services which have conveyed the plaintiff(s) and whose services allegedly were necessitated as a result of injuries incurred from the occurrence complained of in this action. Should the costs of those services constitute an item claimed as and for special damages in connection with the above-captioned lawsuit, supply the following information for each identified provider specific dates of hire, time period hired, places of departure and destination, and charges incurred for each episode of hire. 13. Any written report of the subject accident prepared in the regular course of business operation or practices of any person, firm, corporation, association or other public or private entity. 14. Copies of transcripts or records of all examinations before trial and statutory hearings heretofore conducted. 15. Copies of any purported or lawful liens against the plaintiff(s) s recovery. 16. Photographs under the control of the plaintiff(s) or plaintiff(s) s counsel showing the condition of the motor vehicle(s) allegedly involved hereinbefore, during and/or after the alleged occurrence. 17. Photographs under the control of the plaintiff(s) or plaintiff(s) s counsel showing the accident situs before, during and after the alleged occurrence. 18. Photographs under the control of the plaintiff(s) or plaintiff(s) s counsel showing the injuries complained of. 19. Copies of any repair bills or estimates relating to the items of personal or real property damaged. 14

16 20. If the plaintiff(s) possessed an automobile telephone for the vehicle which was involved in the accident, or a cellular phone which was on the person of the plaintiff(s) or in the vehicle of the plaintiff(s) at the time of the accident, and said telephone(s), as applicable, was operational on the date of the accident, then demand is hereby made for the automobile telephone/cellular telephone records for the date of the alleged occurrence. 21. Duly executed and acknowledged written authorizations directed to any hospitals, clinics, health care facilities, physicians or other health care providers that have performed surgery upon the plaintiff(s), so as to permit the securing of a copy of the entire hospital/clinic/health care facility/physician records, including x-rays, films and reports of diagnostic studies and tests, surgical photographs, video recordings of any surgeries, and technicians reports. 22. Any video recording of the events of the accident that is the subject of this lawsuit, and any video of the plaintiff(s) showing plaintiff(s) physical condition as a result of the accident. Please take further notice that the foregoing are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to this demand. The undersigned will move to preclude said items not so provided and/or object upon the trial of this matter to the testimony and/or introduction of any items sought herein. Please take further notice that failure to timely respond to this Notice of Discovery and Inspection and Combined Demands will result in application to the Court for appropriate sanctions. 15

17 Please take further notice that this office does not consent to service by fax or , unless otherwise stipulated. Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M

18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, NOTICE OF DISCOVERY AND INSPECTION AS DIRECTED TO CO-DEFENDANT(S) Index No: /13 Defendant(s), Sir(s)/Madam(s): Please take notice that pursuant to CPLR 3101 and 3120, the co-defendant(s) is/are hereby required to produce, furnish and permit discovery by the defendant(s), defendant(s) s attorneys, or representatives, the following items and/or documents for inspection within 30 days from the date of this Notice at 10 o clock in the forenoon at the office of the defendant(s) s attorneys: 1. Pursuant to CPLR 3101(e), a copy of any statement given by or on behalf of any answering client serving this demand. 2. Pursuant to CPLR Rule 2103(e), the names and addresses of each party and attorney appearing in this action. 3. Photographs in the possession, custody or control of the co-defendant(s), codefendant(s) s counsel and/or representative depicting the vehicles involved in the accident and any resultant damage to the vehicles. 4. Photographs in the possession, custody or control of the co-defendant(s), codefendant(s) s counsel and/or representative showing the plaintiff(s) s injuries. 17

19 5. Copies of any written report concerning the subject accident prepared in the regular course of business operation or practices of any person, firm, corporation, association or other public or private entity. 6. Copies of transcripts or records of all examinations before trial and/or statutory hearings heretofore conducted. 7. Names and addresses of any known witnesses either to the subject accident or to the issue of notice. 8. Each and every primary, contributing and excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any such judgment. 9. All insurance agreements in which the insurer is obligated to defend this action. 10. Copies of any repair bills and/or estimates relating to the damage sustained to the vehicle(s) involved, if any, or for any other items of personal or real property damaged. 11. If the co-defendant(s) possessed an automobile telephone for the vehicle which was involved in the accident, or a cellular phone which was on the person of the co-defendant(s) or in the vehicle of the co-defendant(s) at the time of the accident, and said telephone(s), as applicable, was operational on the date of the accident, then demand is hereby made for the automobile telephone/cellular telephone records for the date of the alleged occurrence. 12. Copies of any purported or lawful liens against the plaintiff(s) s recovery. Please take further notice that the foregoing are continuing demands and that if any of the above items are obtained after the date of this demand, they are to be furnished to the undersigned pursuant to this demand. The undersigned will move to preclude said items not so 18

20 provided and/or object upon the trial of this matter to the testimony and/or introduction of any items sought herein. Please take further notice that failure to timely respond to this Notice of Discovery and Inspection and Combined Demands will result in application to the Court for appropriate sanctions. Please take further notice that this office does not consent to service by fax or , unless otherwise stipulated. Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M

21 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), DEMAND FOR RELIEF REQUESTED Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): Pursuant to CPLR 3017(c), the defendant(s), Orinthia P. Palmer and Tamieka T. Allison, demand(s) that within 15 days of the date of this demand, the plaintiff(s), Bergmann Dhaiti and Noyesse Dhaiti, serve a supplemental demand for relief setting forth the total damages to which plaintiff deem(s) himself/herself/themselves entitled. Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M

22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), NOTICE OF EXAMINATION BEFORE TRIAL Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): Please take notice that pursuant to Article 31, 3101 et seq. of the CPLR, the undersigned will take deposition upon oral testimony of the parties listed below as adverse parties at the date, time and place 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 the said persons to be examined are required to produce at such examination all books, papers and memoranda relating to the occurrence. Parties to be Examined: All Parties Date and Time: October 31, 2013 Place: Richard T. Lau & Associates P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY

23 Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY18068 Claim Number: 32-1M

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS BERGMANN DHAITI and NOYESSE DHAITI, -against- Plaintiff(s), DEMAND PURSUANT TO CPLR 3101(d) Index No: /13 MARIE L. LOUIZAIRE, TAMIEKA T. ALLISON and ORINTHIA P. PALMER, Defendant(s), Sir(s)/Madam(s): Please take notice that this demand is deemed to be continuing and the undersigned will object at the time of trial to the testimony of any input concerning whom appropriate notice has not been given: 1. Identify each person whom you expect to call as an expert witness at trial and state the qualifications of each such expert. 2. State in detail the subject matter on which each expert is expected to testify. 3. State the facts and opinions on which each expert is expected to testify. 4. Provide a summary of the grounds for each expert s opinion. 5. The dates of all reports provided by the expert to the attorney. Dated: Jericho, New York July 31, 2013 Law Offices of Vel Belushin, P.C. Attorney(s) for Plaintiff(s), Bergmann Dhaiti, Noyesse Dhaiti 1712 Kings Highway, Suite 2 Brooklyn, NY (718) Sincerely, RICHARD T. LAU & ASSOCIATES Attorney(s) for Defendant(s) Orinthia P. Palmer and Tamieka T. Allison P.O. Box Jericho Quadrangle East, Suite 260A Jericho, NY (516) File Number: 13NEWY

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