FILED: NEW YORK COUNTY CLERK 05/02/ :32 PM INDEX NO /2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/02/2017

Transcription

1 SUPREME COURT OF 'THE STATE OF NEW YORK COUNTY OF NEW YORK LINCOLN CRUZ, Index No.: /2017 Plaintiffs) -against- VERIFIED ANSWER FRANMAR LEASING, LLC and MARK CALDWELL, Defendants} SIRS: Defendants, FRANMAR LEASING, LLC and MARK CALDWELL by and through their attorneys, Mintzer Sarowitz Zeris Ledva &Meyers, LLP as and for their Verified Answer to the Verified Complaint herein, upon information and belief, respectfully alleges as follows: 1. Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph "3" of the Verified Complaint herein except admit the defendant, Marl< Caldwell, operated said vehicle with the consent of Academy Express, LLC. 2. Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph "4" of the Verified Complaint herein. 3. Deny each and every allegation contained in paragraphs "5", "6", "7","8" and "9" of the Verified Complaint herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE The answering defendants allege, upon information and belief, that whatever injuries were sustained by said plaintiff or whatever damages were sustained by said plaintiff at the time and place alleged in the Complaint were the result of the culpable conduct of said plaintiff and the answering defendant plead such culpable conduct in diminution of damages. If a verdict or judgment is awarded to tl~e plaintiff, then and in that event the damages shall be in the proportion 1 of 29

2 which the culpable conduct attribution to the plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A SECOND AFFIRMATIVE DEFENSE That, upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff for medical care, dental care, custodial care, property damage or rehabilitative services, loss of earnings or any other economic loss, has been or will be with reasonable certainty be replaced or indemnified in whole or in part from a collateral source as defined by Section 4545(a) of the New Yorlc Civil Practice Law and Rules. AS AND FOR A 'I'HI1ZD AFFIRMATIVE DEFENSE That all risks and dangers connected with the situation at the time and place mentioned in the Complaint were open, obvious and apparent and were known to and assumed by the plaintiff herein. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE That the plaintiff has not sustained a serious injury as defined in Section 5102 of the Insurance Law of the State of New York, nor an economic loss greater than the basic economic loss as defined in Section 5102 of that law. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE This Court lacks personal jurisdiction over the person of the answering defendants. AS AND FOR A SIXTH A~FIRMATIV~ DEFEleTSE If the plaintiff sustained the injuries and damages alleged in the Complaint, such injuries are the result of acts or omissions by persons or entities for whose actions the answering defendants bear no responsibility and with whom the answering defendants have no legal relationship. 2 of 29

3 AS AND FOR AN SEVENTH AFFIRMATIVE DEFENSE Plaintiff's Complaint fails to state a cause of action against these defendants for which relief can be granted. AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE Upon information and belief, the jurisdiction over the defendants are lacking due to the improper service of the Summons and Complaint in the instant matter. AS AND FOR A NINTH AFFIRMATIVE DEFENSE The alleged acts or omissions of defendants are not a proximate cause of the plaintiff's alleged accident and/or injuries and/or damages. AS AND FOR AN TENTH AFFIRMATIVE DEFENSE Defendants were presented with an emergency not of their own creation and acted reasonably in response to the emergency. AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE The forum chosen by plaintiff is improper andlor inconvenient. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE Plaintiffs action is barred for failure to meet the mandatory tort threshold as set forth in N.J.S.A. 39:6A-8. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff is barred from recovery by reason of her own negligence and/or comparative negligence. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff has failed to mitigate any damages allegedly sustained and, therefore, answering defendants reserve the right to move to dismiss plaintiff's Verified Complaint accordingly. 3 of 29

4 AS A11~11D FOIg A FIF"~EEl~TTi~ AFFIRMATIVE DEFENSE That defendant FRANMAR LEASING, LLC is immune to suit herein pursuant to 49USC WHEREFORE, defendants, FRANMAR LEASING, LLC and MARK CALDWELL, demands judgment dismissing the Verified Complaint of the plaintiff herein, together with the costs and disbursements of this action. Dated: New Yorlc, Ne Apri127, 2017 MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANMAR LEASING, LLC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff LINCOLN CRUZ 98 Cutter Mill Road Suite 335 South Great Necic, NY of 29

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK L,INCOLN CRUZ, Index No.: /2017 Plaintiffs) -against- DEMAND PURSUANT TO SECTION 3101(D)(1)(I) FRANMAR LEASING, LLC and MARK CALDWELL, Defendants) COUNSELORS: Defendants, FRANMAR LEASING, LLC and MARK CALDWELL, by its attorneys, MINTZER SAROWITZ ZERIS LEDVA & MEYERS, LLP demands that you produce the name and address of every expert retained or employed by you in anticipation of this litigation or preparation for trial whom you expect to call as a witness at the trial: 1. The name of each person whom you expect to call as an expert witness at trial. 2. Disclose in reasonable detail the qualifications of each expert witness, including the witness' educational and professional background, including the associations or societies of which the expert is a member. In a medical malpractice action, please include the following: a. Where did the expert attend medical school? b. Did the expert attend internship residency and/or fellowship programs? If so, whexe? c. Does the expert specialize in any areas of medicine? d. Is the expert Board Certified in any areas of medicine? e. Is the expert licensed to practice medicine in the United States? Is so, where was he/she licensed? f. What are the expert's hospital affiliations, if any? 5 of 29

6 3. Disclose in reasonable detail the subject matter on which each expert is expected to testify. 4. Disclose in reasonable detail the substance of the facts and opinions on which each expert is expected to testify. 5. Disc]ose in reasonable detail a summary of the grounds for each expert's opinion. In a medical malpractice case include: a. A description of the records relied upon. b. A list of those textbooks, treaties and/or articles recognized by tl~e expert as authoritative upon which he intends to rely at trial. 6. If you expect to call an economist or an actuary, give a specific description of the losses for which such calculations will be made (i.e., present value of the loss of future earnings, present value of loss of second job earnings, present value of future medical expenses, etc.); a. The undiscounted amount of such loss; b. The present value of the dollar amount of such loss; c. The discount rate applied by such person to determine present value and the reason for such rate; d. The number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of that number of years; e. With regard to testimony concerning growth of future income on an annual or other basis at a projected rate of income greater than the income earned by the plaintiff when last employed, the growth rate for such income as estimated by such person, the opinions and 6 of 29

7 facts on which that estimate is based, including publications and government statistics and studies; f. Specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify specifically the source material and page number on which such person bases his opinion or draws the facts on which he relied; g. With regard to any report, memoranda, or any other matter in writing showing in whole or in part the expert's conclusions or tl~e facts upon which such conclusions were based, the date of such writing and the names and addresses of person having copies of it. PLEASE TAKE FURTHER NOTICE, that objection will be made at dine of trial to the testimony and/or reports of any experts not properly identified in accordance with this demand, and that the demand is a continuous one. PLEASE 'I'AI~E FUItTI~Elt NOTICE, that objection will be made at time of trial to the testimony and/or reports of any experts not properly identified in accordance with this demand, and that the demand is a continuous one. Dated: New Yorlc, New Yorlc Apri127, 2017 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANM[Afl2 LEASING, I,LC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # of 29

8 TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff L.II~TCOLN CRUD 98 Cutter Mill Road Suite 335 South Great Neck, NY of 29

9 SUPREME COURT OF 'I'I~E STATE OF NEW YORK COUNTY OF NEW ~IORI~ LINCOLN CRUZ, Index No.: /2017 Plaintiffs) -against- DEMAND PURSUANT TO CPLR ~ 4545 FRANMAR LEASING, LLC and MARK CALDWELL, Defendants) COUNSELORS: PLEASE TAKE NOTICE, that pursuant to 4545 of the Civil Practice Law and Rules, you are hereby required to serve upon the undersigned, within thirty (30) days of service of this Demand, the following: 1 e A verified statement as to whether plaintiff seeks to recover any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings or other economic loss alleged to have been sustained herein. 2. If item (1) is answered in the affirmative, provide a verified statement as to whether each such item sought to be recovered herein, is replaced or indemnified, in whole or in part, from any collateral source, including but not limited to: (a) (b) insurance (except life insurance); social security (except those benefits provided under Title 18 of the Social Security Act, 42 IJSCA 1395, et seq); (c) (d) (e) Worker's Compensation; Disability benefits; or Employee benefits programs. 9 of 29

10 3. Set forth name and address of each collateral source of the plaintiff which plaintiff claims is entitled by law to liens against any recovery by the plaintiff. 4. Copies of all claims, invoices or bills submitted for payment, together with all checks and other indication of payment. 5. Duly executed and acknowledged written authorizations directed to all persons, firms or organizations which have reimbursed plaintiff for costs of medical care, custodial care, rehabilitation services, loss of earnings or other economic loss or other costs or to whom such claims have been submitted to obtain copies of the policies under which said payments or claims were made, copies of all checks and other indicia of payment, and copies of any claims submitted for payment. PLEASE 'I'AI~ FUI2'T~IER NOTICE, that your failure to comply with the foregoing may bar recovery for any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of earnings or other economic loss alleged to have been sustained herein is being sought. Dated: New Yorlc, New York Apri127, 2017 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANIVIAR LEASING, LLC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # of 29

11 TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff LINCOLN CRUD 98 Cutter Mill Road Suite 335 South Great Necic, NY of 29

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LINCOLN CRUZ, Index No.: /2017 Plaintiffs) -against- DEMAND FOR VERIFIED BILL OF PARTICULARS FRANMAR LEASING, LLC and MARK CALDWELL, Defendants) COUNSELORS: PLEASE TAKE NOTICE, that pursuant to Section 3041 et seq. of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars for each plaintiff named in the instant action upon the undersigned within thirty (30) days after receipt of this Demand, setting forth the following: 1. Plaintiff s present residence address. 2. Plaintiff s date of birth and social security number. 3 The date and approximate time of day of the occurrence alleged in the complaint. 4. The exact location of the occurrence, specifying the distance and compass direction from said location to the nearest street intersection and to the nearest curb. 5. A general description of the occurrence together with identification of the parts of any motor vehicle or other instrumentality involved in said occurrence. 6. A general statement of the acts or omissions of each defendant constituting any negligence claimed, with each defendant's alleged acts of negligence specifically and completely enumerated. 7, Whether actual or constructive notice of any defective or dangerous condition or activity is claimed and if so set forth the nature and extent of such condition or activity. 12 of 29

13 8. Set forth by Chapter, Article, Section and Paragraph each statute, ordinance, rule or regulation, if any, which zt is claimed each defendant violated. 9, Each plaintiffs Social Security number. 10. The date and place of birth of plaintiff. 11. A statement of any injuries claimed to have resulted from the occurrence including the approximate date of the onset of symptoms of each of the injuries claimed. 12. A description of those injuries claimed to be permanent. 13. The length of time that Plaintiff was confined to bed or home as a result of the occurrence, with dates of confinement. 14. The length of time that plaintiff was confined to a hospital or other health care facility, as a result of the occurrence, with the name and address of each such hospital or facility, the dates of admission and discharge and the names of all treating medical personnel. 15, The dates plaintiff received treatment at any hospital, out-patient department or clinic with the name and address of each such hospital or clinic. 16. The length of time plaintiff was totally disabled, as a result of the occurrence including specific dates. 17. The length of time plaintiff was partially disabled, as a result of the occurrence, including specific dates. 18. The occupation of plaintiff at the time of the occurrence including the name and address of each employer for the five (5) years preceding the occurrence and plaintiffs job title and annual earnings for each of said five years. 19, Separately the total amounts of economic loss claimed by plaintiff as special damages for each of the following: 13 of 29

14 20, (a) Physicians services, (b) (c) (d) (e) Nurses' services, Medical supplies, Hospital expenses, Loss of earnings and (~ Other (describe). Pursuant to Article 50-A or 50-B, CPLR, 21. Itemize which of the special damages or economic loss represent past damages and in what amount: (a) (b) (c) (d) (e) Physicians' services, Nurses' services, Medical supplies, Hospital expenses, Loss of earnings and (~ Other (describe). 22. Itemize which of the special damages or economic loss represent future damages and in what amount: (a) (b) (c) (d) (e) Physicians' services, Nurses' services, Medical supplies, ~Iospital expenses, Loss of earnings and (~ Other (describe), 14 of 29

15 23. Over what period of time does plaintiff claim each item of future expenses or losses shall occur: SPECIAL DAMAGE PERIOD OF TIME (a) Physicians' services, (b) Nurses' services, (c) Medical supplies, (d) Hospital expenses, (e) Loss of earnings and (~ Other (describe). 24. If the Complaint alleges a cause of action for property damage, (a) (b) (c) The make, year, type and mileage of plaintiff s vehicle; The date when plaintiff acquired title to this vehicle; A statement setting forth in detail each and every item of damage claimed to have been sustained to plaintiffs vehicle, setting forth, in detail, each part claimed to have been damaged or replaced and the cost of repair or replacement for each part so damaged or replaced; (d) The fair and reasonable market value of plaintiffs vehicle immediately prior to the accident; (e) The salvage value of plaintiff s vehicle after the accident; (~ The length of time required to perform the foregoing repairs; (g) The direction in which plaintiffs vehicle was proceeding iininediately before the accident, and; 15 of 29

16 (~ The direction in which defendant's vehicle was proceeding immediately before the accident. 2S. In what respect plaintiff has 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 5102 of the insurance law. 26. If negligent entrustment is alleged, set forth, with specificity, each and every fact which constitutes the basis of the claim. 27. Set forth the manner in which it is claimed the negligent entrustment occurred. 28. If it is alleged that the owner of the vehicle had prior knowledge of soiree propensity to be alleged by the plaintiff in regards to the operation of the vehicle, set forth: 29. What propensities or actions it is alleged the owner of the vehicle was aware of. a) from whom said vehicle was purchased by plaintiff and New York b) registration number for said vehicle. 30. With specificity the nature of damages allegedly sustained by plaintiffs motor vehicle, listing each and every item of damage to plaintiff s motor vehicle, together with a list of each and every item of repair and the cost of repair. 31. Set forth any other damage or loss which plaintiff claims has been sustained by plaintiff as a result of the alleged occurrence. 32. Set forth how plaintiff arrives at the sum demanded in the complaint, including: (a) which portion of the foregoing was for medical bills and expenses and other items of special damages; (b) which portion, if any, was for other losses. 16 of 29

17 Dated: 1Vew York, New York April 27, 2017 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANMAR LEASING, LLC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff I,II~COLN CRUZ 98 Cutter Mill Road Suite 335 South Great Necic, NY of 29

18 SUPREME COURT OF THE STATE OF' NEW YORK COUN'I'1' OF NEW YORK LINCOLN CRUZ, Index No.:EFILED: Plaintiffs) /2017 -against- FRANIVIAR LEASING, I,LC and MARK CALDWELL, NOTICE FOR DISCOVERY AND INSPECTION Defendants) COUNSELORS: PLEASE TAKE NOTICE that pursuant to CPLR Section 3101(a) and CPLR Section 3120(a), defendant, demands that you produce the following documents within thirty (30) days of this demand: 1. Names and addresses of all persons claimed by plaintiff to have either witnessed the accident or to have firsthand knowledge of its occurrence or knowledge of the relevant facts and circumstances surrounding the occurrence, whether by the plaintiff at the scene of the accident or thereafter obtained by their attorneys or representatives. If no such persons are known to plaintiff or her representatives, so state in reply to this demand. The defendant wi11 object at the time of trial to the testimony of any persons not so identified. Zelllnan v. Metropolitan Transportation Authority, 40 App. Div.2d 248, 339 N.Y.S.2d The names and addresses of all witnesses who can testify to notice and the condition complained of Hoffinan ve Rosan, 73 A.D.2d 207, 425 N.Y.S.2d The names and addresses of all witnesses who possess vital inforinat~on which bears on the liability issues. Hughes v. Elias, 120 A.D.2d 703, 502 N.Y.S.2d of 29

19 4. The names and addresses of all witnesses who will testify to the existence of any defective condition which was a competent producing cause of the accident. Zayas v. Morales, 45 A.I~.2d 610, 360 N.Y.S,2d The names and addresses of any and all eyewitnesses to the occurrence alleged in the plaintiff s complaint. 6. The names and addresses of all witnesses who will testify to admissions on the part of any of the parties hereto. 7, Any and all medical reports and hospitals records of plaintiff concerning the injuries alleged to have been sustained in this action, and duly executed authorizations permitting defendants' counsel to obtain copies of plaintiff s medical and hospital records. 8. If the plaintiff has commenced an action against any party other than those parties to this action, in connection with the incident complained of, a copy of the pleadings in said action. 9. Pursuant to 3101, 3120 and 3124, if a hearing was held before any administrative body, or a physical examination of the plaintiff was conducted by a physician for any administrative body, a full or complete record of such hearing with regard to the plaintiffs claim as it is related to this action, together with a copy of the medical examination made in connection with such hearing. 10. Please furnish the original of each and every statement and other writing taken or received by said plaintiff, or his attorneys, agents or representatives, from defendant, any agent, servant or employee of defendant, permit the defendant or his attorney to inspect and copy such statement in writing. 19 of 29

20 11. If loss of earnings will be claimed, a copy of plaintiffs Federal and Income Tax Returns for two (2) years prior to the accident and one year after, as well as an authorization to the Internal Revenue Service to obtain copies. 12. Copies of any repairs, estimates, invoices or bills for repair, for the alleged damages to plaintiff s motor vehicle and documentary proof of payment for same, as well as the report of any examinations performed. 13. A copy of plaintiffs driver's license in effect at the time of the alleged occurrence and in the possession or control of plaintiff or plaintiff s attorney. 14. Authorizations to obtain copies of the plaintiffs employment records. 15. A copy of the registration in effect for the motor vehicle which plaintiff was operating at the time of the alleged occurrence. 16. Photo ro~aphs: Exact duplicate reproductions of all photographs of any instrumentality claimed to have been involved in the alleged occurrence and/or of the scene of the alleged occurrence in your possession, custody or control, or in the possession or under the control of any party you represent, or your agent, servant, employee, and/or principal, which photograph represents the conditions or the locations at the time of the alleged occurrence, and/or the instrumentalities involved or claimed to be involved therein including motor vehicles; and photographs indicating the physical and/or medical condition, or alleged injury to plaintiff immediately prior to and/or shortly after the alleged occurrence which is the subject of this action. 17, Loss of Services: If a claim for loss of services is being made, supply a copy of the Marriage Certificate with regard to any spouse who is a party to this action, and any Divorce or Separation Decree; and if any infant is involved, the infant's Birth Certificate or 20 of 29

21 Baptismal Certificate. 18, No-Fault Claims: If a No-Fault claim has been made relevant to the occurrence complained of, furnish full, true, legible and complete copies of all claim papers submitted by or on behalf of each plaintiff, and a current authorization to allow the undersigned to obtain the complete No-Fault records. 19, Worker's Compensation and/or New York Disability Insurance and/or Social Security Authorization: If a Worker's Compensation claim, or a New York Disability claim, or a Social Security claim has been made for disability relative to the alleged occurrence herein, furnish full, legible and complete copies of all claim papers submitted and duly executed authorizations in favor of the undersigned addressed to the Worker's Compensation Board, the Disability Insurance carrier and/or the Social Security Administration, permitting the undersigned to inspect and copy their files as to any papers not presently supplied in response to this Demand. 20. Accident/Incident Reports and/or statements: Full, true, legible and complete copies of any Accident and/or Incident reports or statements prepared or made in the regular course of business by any employee, agent or representative of any party to this action concerning the alleged occurrence of which plaintiff complains. 21. Copies of any and all transcripts of examinations before trial heretofore conducted. 22. Copies of the Notice of Claim and any 50-h hearing held by the of New Yorlc or any of its agencies, bodies or public benefit corporations. 23, Copies of all exhibits and/or invoices for repair of the vehicle involved, as well as the reports of any examinations performed. 21 of 29

22 24. Provide proof of purchase of index number that the summons and complaint have been filed with the Court pursuant to CPI,R 306(b). PLEASE TAKE FU12'I'HER NOTICE, that in lieu of appearing at the aforesaid dine and place, you may send copies of documents, together with a statement that such copies are furnished pursuant to this Notice. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid documents and to furnish the required information at the time and place required in this Notice, a motion for appropriate relief and costs and the defendant will object to the introduction of any such evidence upon the trial of this action. PLEASE TAKE FURTHER NOTICE, that these are continuing demands, and supplemental responses up until the time of trial are required. Dated: New York, New York April 27, 2017 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANMAR LEASING, LLC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff LINCOLN CRUZ 98 Cutter Mill Road Suite 335 South Great Necic, NY of 29

23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK LINCQLN CRUZ, Index No.: /2017 Plaintiffs) vagainst- FRANMAR LEASING, LLC and MARK CALDWELL, NOTICE TO TAKE DEPOSITION Defendants) COUNSELORS: I'~.,~ASE TAKE NOTICE, that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: TO: All Parties DATE: JULY 27, 2017 TIME: PLACE: 10:00 a.m. Offices of Mintzer Sarowitz Zeris Ledva &Meyers, LLP 39 Broadway, Suite 950 New York, New York Tel.: (212) PLEASE TAKE FURTHER NOTICE, that. the person to be examined is required to produce books, records, papers, documents, photographs, X-Rays, etc., in her custody and possession that inay be relevant to the above captioned matter. 23 of 29

24 I~a~ed: New Fork, New ~orlc Apri127, 2017 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANMAR LEASING, LLC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff LINCOLN CRUZ 98 Cutter Mill Road Suite 335 South Great Necic, NY of 29

25 SUPREME COURT OF THE STATE OF NEW YORK COiJN'I'~' OF NEW YORK LINCOLN CRUZ, Index No.: /2017 Plaintiffs) -against- FRANMAR LEASING, LLC and MARK CALDWELL, DEMAND FOR MEDICAL RECORDS Defendants) COUNSELORS: PLEASE TAKE NOTICE, that pursuant to Rule 3121 of the Civil Practice Law and Rules, and pursuant to (b)(1) and (h) of the New York Rules of the Court the defendant, demands that plaintiff produce an exact and true copy of the report of each physician who has either treated or examined the injured plaintiff for the conditions and injuries claimed herein, irrespective of whether it is presently intended that said physicians) will be called as a witness at the time of trial. PLEASE TAKE FURTHER NOTICE, that in the event plaintiff fails to forthwith provide each such report, defendant will invoke (h) of the New Yoric Rules of the Court. PLEASE TAKE FURTHER NOTICE, that this demand is to be considered continuing and in force through and until the termination of this lawsuit. Dated: New Yorlc, New York Apri127, of 29

26 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants FRANMAR LEASING, LLC and MARK CALDWELL 39 Broadway, Suite 950 New York, NY (212) File # TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff LINCOLN CRUZ 98 Cutter Mill Road Suite 335 South Great Neck, NY of 29

27 S~TPR~IVIE COURT' Off' THE STATE OF NEW XORK COUN'T'Y OF NEW YORK LINCOLN CRUZ, Index No.: /2017 Plaintiffs) -against- FRANMAR LEASING, LLC and MARK CALDWELL, REQUEST FOR SUPPLEMENTAL DEMAND FOR TOTAL DAMAGES Defendants) COUNSELORS: Defendants, FRANMAR LEASING, LLC and MARK CALDWELL, hereby demand, pursuant to CPLR 3017(c), that plaintiff serve upon said defendants within fifteen (15) days hereof, a demand setting forth in detail the amount of damages plaintiff is seeking in this action. Dated: New Yorlc, New York Apri127, 2017 Yours, etc. MINTZER, SAROWITZ, ZERIS LEDVA & MEYERS, LLP Attorney for Defendants ~'RAI~iIi~AlZ I,EASII~IG, I,I,C and TvIARK CAI,D~,'~Ei~L 39 Broadway, Suite 950 New York, NY (212) File # of 29

28 TO: Steven Wildstein, Esq. STEVEN WILDSTEIN, P.C. Attorney for Plaintiff I.~NCOI.N CRiTZ 98 Cutter Mill Road Suite 335 South Crreat Necic, NX of 29

29 AT'Y'ORNE~' V~+ RII+ICATIOlV PETER A. FRUCCHIONE, ESQ., an attorney duly licensed to practice law in the State of New York affirms the following statements to be true under penalties of perjury: 1, I am a member of the firm of MINTZER SAROWITZ ZERIS LEDVA & MEYERS, LLP attorneys for the defendants, FRANMAR LEASING, LLC and MARK CALDWELL. 2. I have read the foregoing Answer and know the contents thereof, that the same is true to my own knowledge, except as to matters d to be alleged upon information and belief, and as to those matters I believe to be true. 3. I make this Verification because defendants reside outside the county their attorneys maintain their offices. 4. The source of my knowledge is conversations with defendant and/or review of notes, reports, records, and memoranda contained in the intained by our office for the defense of this action. Dated: New York, New York Apri127, 2017 A. FRU 29 of 29