FILED: RICHMOND COUNTY CLERK 03/10/ :36 PM INDEX NO /2016 NYSCEF DOC. NO. 33 RECEIVED NYSCEF: 03/10/2017

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1 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & yapchanyk ATTORNEYS AT LAW EDWARD M. EUSTACE JOHN R. MARQUEZ RHONDA L. EPSTEIN RICHARD C. PREZIOSO DAVID S. KASDAN CHRISTOPHER M. YAPCHANYK Craig j. billeci GREGORY WALTHALL JEFFREY D. GREENBERG 55 Water Street 29 th Fl. New York, NY TEL (212) FAX (212) Not a Partnership or Professional Corporation PAUL A. TUMBLESON REGINE DELY-LAZARD LAUREN S. YANG MAUREEN E. PEKNIC KIMBERLY K. BROWN GREGORY BENNETT TIMOTHY S. CARR ANTHONY J. TOMARI March 10, 2017 Calcagno & Associates, PLLC 900 South Avenue, 3rd Floor Staten Island, New York David M. Santoro 4 Irving Place, Rm 1800 New York, New York Ahmuty, Demers & McManus 200 I.U. Willets Road Albertson, New York Feder Kaszovitz, LLP. 845 Third Avenue New York, New York Law Office of James J. Toomey 485 Lexington Avenue, 7th Fl New York, New York Zachary W. Carter, Esq. The City of New York Corporation Counsel 100 Church Street New York, New York Dear Counsel: Re: Meiden v. The City of New York, The Trust for Public Land, Inc. Our File Number: Date of Loss: 08/28/2015 Enclosed please find our Unverified Answer to the Complaint in the above-referenced matter. Upon receipt of the verification from our client, we will immediately forward same to your attention. Thank you. Very truly yours, RDL:et Regine Dely-Lazard 1 of 37

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x JASON MEIDEN, Index No.: /2016 (ECF) Plaintiff, v. THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., THE TRUST FOR PUBLIC LAND, INC., VERIZON CUMMUNICATIONS, INC, VERIZON NEW YORK, INC. WADSWORTH RICHMOND CORP., AND GOETHALS SOUTH, LLC, VERIFIED ANSWER TO COMPLAINT Defendants x Defendant, The Trust for Public Land s/h/a The Trust for Public Land, Inc., by its attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, answers the Complaint of the Plaintiff by stating as follows: 1. Denies, upon information and belief, the allegations of paragraphs 3j, 9e, 10c, 11e, 11o, 12e, 14e, 15e, 16e, 16o, 17, 18, 19, 20 and Denies having knowledge or information sufficient to form a belief as to the truth of the allegations of paragraphs 1, 2, 3, 3a, 3b, 3bi, 3c, 3d, 3di, 3e, 3f, 3f, 3g, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, 3u, 3v, 3w, 3x, 3y, 4, 5, 6, 7, 8, 9, 9a, 9b, 9b, 9d, 9f, 9g, 9h, 9i, 10, 10a, 10b, 10c, 10d, 10f, 10g, 10h, 10i, 11, 11a, 11b, 2 of 37

3 11c, 11d, 11f, 11g, 11h, 11i, 11j, 11k, 11l, 11m, 11n, 11p, 11q, 11r, 11s, 12, 12a, 12b, 12c, 12d, 12f, 12g, 12h, 12i, 13, 14, 14a, 14b, 14c, 14d, 14f, 14g, 14h, 14i, 15, 15a, 15b, 15c, 15d, 15d, 15g, 15h, 15i, 16, 16a, 16b, 16c, 16d, 16f, 16g, 16h, 16i, 16j, 16k, 16l, 16m, 16n, 16p, 16q, 16r and 16s. 3. Denies having knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 3h, except to admit that Defendant THE TRUST FOR PUBLIC LAND was and still is a foreign not-for-profit corporation licensed to do business in New York. 4. Denies having knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 3i, except to admit that Defendant THE TRUST FOR PUBLIC LAND was and still is a foreign not-for-profit corporation licensed to do business in New York. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 5. The injuries alleged to have been suffered by the Plaintiff were caused, in whole or part, by the conduct of Plaintiff. Plaintiff's claims therefore are barred or diminished in the proportion that such culpable conduct of Plaintiff bears to the total culpable conduct causing the damages. 3 of 37

4 AS AND FOR A SECOND AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 6. Pursuant to CPLR Article 16, the liability of this Defendant to the Plaintiff for non-economic loss shall not exceed the equitable share of this Defendant determined in accordance with the relative culpability of each person/party causing or contributing to the total liability for non-economic loss. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 7. Upon information and belief the causes of action alleged in the Complaint of the Plaintiff fail to properly state, specify or allege a cause of action on which relief can be granted as a matter of law against Defendant, The Trust for Public Land. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 8. That recovery, if any, on the Complaint of the Plaintiff shall be reduced by the amounts paid or reimbursed by collateral sources in accordance with CPLR 4545(c). AS AND FOR A FIFTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 9. That if it is determined that this answering Defendant is responsible for the acts alleged in the Complaint then Plaintiff failed to take appropriate action to mitigate any damages. 4 of 37

5 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE THIS ANSWERING DEFENDANT ALLEGES AS FOLLOWS: 10. The injuries and damages alleged in the Complaint of the Plaintiff were caused or contributed to by Plaintiff's culpable conduct in assuming the risk under the conditions and circumstances existing. AS AND FOR A CROSS-CLAIM FOR CONTRIBUTION AGAINST: THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., VERIZON COMMUNICATIONS, INC, VERIZON NEW YORK, INC., WADSWORTH RICHMOND CORP. AND GOETHALS SOUTH, LLC 11. If any plaintiff recovers against this Defendant, then this Defendant will be entitled to an apportionment of responsibility for damages between and amongst the parties of this action and will be entitled to recover from each other party for its proportional share commensurate with any judgment which may be awarded to the plaintiff. AS AND FOR A CROSS-CLAIM FOR COMMON LAW INDEMNITY AGAINST: THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., VERIZON COMMUNICATIONS, INC, VERIZON NEW YORK, INC., WADSWORTH RICHMOND CORP. AND GOETHALS SOUTH, LLC 12. If any plaintiff recovers against this Defendant, then this Defendant will be entitled to be indemnified and to recover the full amount of any judgment from The City of New York, Consolidated Edison Company of New York, Inc. Consolidated Edison, Inc, Morrow Street Associates, LLC, Public Storage Properties XVIII, LTD., Verizon Communications, Inc, Verizon New York, Inc., Wadsworth Richmond Corp. and Goethals South, LLC. 5 of 37

6 WHEREFORE, this Defendant demands judgment dismissing the Complaint, together with costs and disbursements, and in the event any judgment or settlement is recovered herein against this Defendant, then this Defendant further demands that such judgment be reduced by the amount which is proportionate to the degree of culpability of any plaintiff, and this Defendant further demands judgment against each other party on the respective crossclaims and/or counterclaims. DATED: March 8, 2017 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant THE TRUST FOR PUBLIC LAND S/H/A THE TRUST FOR PUBLIC LAND, INC. Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) By: Regine Dely-Lazard To: Calcagno & Associates, PLLC Attorneys for Plaintiff Jason Meiden 900 South Avenue, 3rd Floor Staten Island, New York of 37

7 Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York David M. Santoro Attorneys for Defendants Consolidated Edison Company of New York, Inc. Consolidated Edison, Inc. 4 Irving Place, Rm 1800 New York, New York Ahmuty, Demers & McManus Attorneys for Defendants Verizon Cummunications, Inc. Verizon New York, Inc. 200 I.U. Willets Road Albertson, New York Feder Kaszovitz, LLP. Attorneys for Defendant Wadsworth Richmond Corp. 845 Third Avenue New York, New York Law Office of James J. Toomey Attorneys for Defendant Goethals South, LLC 485 Lexington Avenue, 7th Floor New York, New York of 37

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x JASON MEIDEN, Index No.: /2016 (ECF) v. Plaintiff, NOTICE PURSUANT TO CPLR 2103 THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., THE TRUST FOR PUBLIC LAND, INC., VERIZON CUMMUNICATIONS, INC, VERIZON NEW YORK, INC. WADSWORTH RICHMOND CORP., AND GOETHALS SOUTH, LLC, Defendants x PLEASE TAKE NOTICE that Defendant The Trust for Public Land s/h/a The Trust for Public Land, Inc., by its attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, hereby serve(s) Notice upon you pursuant to Rule 2103 of the Civil Practice Law and Rules that it expressly rejects service of papers in this matter upon them by electronic means. PLEASE TAKE FURTHER NOTICE that waiver of the foregoing may only be affected by express prior written consent to such service by EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK and by placement thereby of EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & 8 of 37

9 YAPCHANYK electronic communication number in the address block of papers filed with the Court. DATED: March 8, 2017 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant THE TRUST FOR PUBLIC LAND S/H/A THE TRUST FOR PUBLIC LAND, INC. Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) By: Regine Dely-Lazard To: Calcagno & Associates, PLLC Attorneys for Plaintiff Jason Meiden 900 South Avenue, 3rd Floor Staten Island, New York Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York David M. Santoro Attorneys for Defendants Consolidated Edison Company of New York, Inc. Consolidated Edison, Inc. 4 Irving Place, Rm 1800 New York, New York of 37

10 Ahmuty, Demers & McManus Attorneys for Defendants Verizon Cummunications, Inc. Verizon New York, Inc. 200 I.U. Willets Road Albertson, New York Feder Kaszovitz, LLP. Attorneys for Defendant Wadsworth Richmond Corp. 845 Third Avenue New York, New York Law Office of James J. Toomey Attorneys for Defendant Goethals South, LLC 485 Lexington Avenue, 7th Floor New York, New York of 37

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x JASON MEIDEN, v. Plaintiff, THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., THE TRUST FOR PUBLIC LAND, INC., VERIZON CUMMUNICATIONS, INC, VERIZON NEW YORK, INC. WADSWORTH RICHMOND CORP., AND GOETHALS SOUTH, LLC, Index No.: /2016 (ECF) COMBINED DISCOVERY DEMANDS AND NOTICE OF DEPOSITION Defendants x PLEASE TAKE NOTICE, that Defendant The Trust for Public Land s/h/a The Trust for Public Land, Inc., by its attorneys, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK, demands that each adverse party afford us the disclosure which this notice and demand specifies: DEPOSITIONS OF ADVERSE PARTIES UPON ORAL EXAMINATION A. Each adverse party is to appear for deposition upon oral examination pursuant to CPLR 3107: (1) At this date and time: April 13, 2017 at 10:00 am (2) At this place: Eustace, Marquez, Epstein, Prezioso & Yapchanyk 55 Water Street, 28th Floor New York, New York of 37

12 B. Pursuant to CPLR 3106(d) we designate the following as the identity, description or title of the particular officer, director, member, or employee of the adverse party specified whose deposition we desire to take: ALL PARTIES C. Each deposition witness thus examined is to produce at such time and place, pursuant to CPLR 3111, all books, papers, and other things which are relevant to the issues in the action and within that adverse party's possession, custody, or control to be marked as exhibits, and used on the examination. PARTY STATEMENTS Each adverse party is to serve on us, pursuant to CPLR 3101(e) and CPLR 3120, within thirty (30) days from the service of this Demand, a complete and legible copy of any statement made by or taken from any individual party or any officer, agent, or employee of said party. INSURANCE POLICIES Each adverse party is to serve, pursuant to CPLR 3101(f) and CPLR 3120, within thirty (30) days from the service of this Demand, a complete and legible copy of each primary or excess insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of any judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any such judgment. 12 of 37

13 ACCIDENT REPORTS Each adverse party is to serve, pursuant to CPLR 3101(g) and CPLR 3120, within thirty (30) days from service of this Demand, a complete and legible copy of every written report of the accident or other event alleged in the complaint prepared in the regular course of that adverse party's business operations or practices. PHOTOGRAPHS AND VIDEOTAPES Each adverse party is to serve within thirty (30) days from the service of this Demand, complete and legible photographic or videotape reproductions of any and all photographs, motion pictures, maps, drawings, diagrams, measurements, surveys of the scene of the accident or equipment or instrumentality involved in the action or photographs of persons or vehicles involved (if applicable) made either before, after or at the time of the events in question, including any photographs or videotapes made of the plaintiff at any time since the incident referred to in the Complaint. WITNESSES Each adverse party is to serve within thirty (30) days from the service of this Demand, the name and address of each witness to any of the following: 1. The accident, occurrence or any other event set forth in the complaint. 13 of 37

14 2. Any fact tending to prove actual or constructive notice of any condition which may give rise to the liability of any person, whether or not a party, for any damages alleged in this action. 3. Any admission, statement, writing or act of our client. EXPERT WITNESS MATERIAL Each adverse party is to serve, pursuant to CPLR 3101(d)(1), within thirty (30) days from the service of this request, a statement specifying all of the following data as to each person whom that adverse party expects to call as an expert witness at trial: A. The identity of each expert; B. The subject matter on which each expert is expected to testify, disclosed in reasonable detail; 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 we will object at trial to the offer of any proof of an expert's qualifications which are different from or additional to those which the adverse party calling the expert had disclosed in reference to sub-paragraph D. 14 of 37

15 COLLATERAL SOURCE INFORMATION Each plaintiff seeking to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss is to serve, pursuant to CPLR 4545(c), within thirty (30) days from the service of this Demand, a statement of all past and future cost and expense which has been or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as insurance (except life insurance), social security, workers' compensation, or employee benefit programs. Each such statement is to set forth the name, address, and insurance policy (or other account) number of each collateral source payor; and, separately stated for each payor, a list specifying the date and amount of each payment and the name, address, and social security number or other taxpayer identification number of each payee. PRODUCTION OF MEDICAL REPORTS AND AUTHORIZATIONS Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of this Demand: Medical Reports and Bills: Copies of the medical reports and bills of those health professionals who have previously treated or examined the plaintiff. Those reports shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial, referring to and 15 of 37

16 identifying those diagnostic tests and technicians' reports which will be offered at the trial. B. Medical Authorizations: Duly executed and acknowledged written medical authorizations, complying with the Health Insurance Portability and Accountability Act ( HIPAA ), 45 C.F.R (a), (using attached form) permitting all parties to obtain and make copies of the records and notes including any intake sheets, diagnostic tests, X-Rays, MRI's and cat scan films, of all treating and examining hospitals, physicians and other medical professionals. MEDICARE DOCUMENTS Plaintiff is to serve, pursuant to CPLR 3120(1)(i), within thirty (30) days from the service of this demand, a complete and legible copy of: 1. Plaintiff s Medicare Insurance Card 2. All Medicare statements of conditional payments for medical treatment arising out of the incident which is the subject of this lawsuit. 3. Plaintiff s Social Security card. 4. All documents pertaining to Medicare benefits received for treatment provided to plaintiff for injuries and illness arising out of the incident which is the subject of this lawsuit. 16 of 37

17 PRODUCTION OF RECORDS AND AUTHORIZATIONS Each plaintiff is to serve upon and deliver to us within thirty (30) days from the service of this demand duly executed, fully addressed and acknowledged written authorizations permitting all parties to obtain and make copies of each of the following: A. All workers' compensation records and reports of hearings pertaining to the incident alleged to have occurred in plaintiff's complaint maintained by the workers' compensation Board and workers' compensation carrier. B. All records of present and past employment of plaintiff. C. All records in the no-fault file of any carrier issuing benefits to the plaintiff arising out of the incident alleged to have occurred in the complaint. D. All records of the Internal Revenue Service filed by the plaintiff for the calendar year prior to the date of the incident alleged in the complaint and for the two subsequent years. Please use IRS form 4506 and attach 2 copies of identification of the plaintiff, with photo and signature as required by the IRS. E. All records of schools attended by plaintiff. F. All records of each collateral source that has provided and/or in the future will be providing any payment or 17 of 37

18 reimbursement for expenses incurred because of this incident. PHYSICAL OR MENTAL EXAMINATION Defendant hereby demands, pursuant to CPLR 3121, that plaintiff appear for and submit to physical, mental and blood examination(s), for all claimed injuries, by a doctor(s) of defendant's designation-specialties to be determined. This examination(s) shall to be conducted in said doctor (s ) office(s) and at a reasonable time following plaintiff s deposition, but in no event less than 20 days after the service of this Notice. NAMES AND ADDRESSES OF ATTORNEYS Each adverse party is to serve on us, within thirty (30) days from service of this Demand, the names and addresses of all attorneys having appeared in this action on behalf of any adverse party. PLEASE TAKE FURTHER NOTICE THAT THESE ARE CONTINUING DEMANDS, and that each demand requires that an adverse party who acquires more than thirty (30) days from the service of this demand any document, information, or thing (including the opinion of any person whom the adverse party expects to call as an expert witness at trial) which is responsive to any of the above demands, is to give us prompt written advice to that effect; and, within thirty (30) days (but no less than sixty 18 of 37

19 (60) days before trial), is to serve all such information on us and allow us to inspect, copy, test, and photograph each such document or thing. PLEASE TAKE FURTHER NOTICE that we will object at trial, and move to preclude as to any adverse party who does not timely identify any witness, serve any report, or produce any document, information, or thing which is responsive to a discovery demand set forth in any of the ensuing paragraphs: A. From calling any event or notice witness not identified to us or medical expert whose reports have not been served on us; B. From calling any other expert witness whose identity, qualifications, and expected fact and opinion testimony (together with a summary of the grounds for each such opinion) have not been served on us; C. From putting in evidence any exhibit not served on us or produced for us to discover, inspect, copy, and photograph in accordance with any of the ensuing paragraphs; and 19 of 37

20 D. From offering any other proof not timely disclosed pursuant to a court order in this action. DATED: March 8, 2017 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant THE TRUST FOR PUBLIC LAND S/H/A THE TRUST FOR PUBLIC LAND, INC. Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) By: Regine Dely-Lazard To: Calcagno & Associates, PLLC Attorneys for Plaintiff Jason Meiden 900 South Avenue, 3rd Floor Staten Island, New York Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York David M. Santoro Attorneys for Defendants Consolidated Edison Company of New York, Inc. Consolidated Edison, Inc. 4 Irving Place, Rm 1800 New York, New York of 37

21 Ahmuty, Demers & McManus Attorneys for Defendants Verizon Cummunications, Inc. Verizon New York, Inc. 200 I.U. Willets Road Albertson, New York Feder Kaszovitz, LLP. Attorneys for Defendant Wadsworth Richmond Corp. 845 Third Avenue New York, New York Law Office of James J. Toomey Attorneys for Defendant Goethals South, LLC 485 Lexington Avenue, 7th Floor New York, New York of 37

22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND x JASON MEIDEN, Index No.: /2016 (ECF) v. Plaintiff, DEMAND FOR VERIFIED BILL OF PARTICULARS THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., THE TRUST FOR PUBLIC LAND, INC., VERIZON CUMMUNICATIONS, INC, VERIZON NEW YORK, INC. WADSWORTH RICHMOND CORP., AND GOETHALS SOUTH, LLC, Defendants x PLEASE TAKE NOTICE, Defendant, The Trust for Public Land s/h/a The Trust for Public Land, Inc., by its attorneys, Eustace, Marquez, Epstein, Prezioso & Yapchanyk, demands pursuant to CPLR , that each Plaintiff furnish, within thirty (30) days of the date of this demand a Verified Bill of the following particulars: A. Liability Issues: 1. The legal name, address, date of birth and social security number of each plaintiff, 2. The date and approximate time of day of the alleged accident. 3. The location of the alleged accident. 22 of 37

23 4. (a) A statement of the acts or omissions constituting any negligence or other culpable conduct claimed against this defendant. (b) If breach of warranty is alleged, state whether said warranty was: i. expressed or implied; ii. oral or written; iii. if written, set forth a copy thereof; and iv. if oral, state by whom and to whom the alleged warranty was made, specifying the time, place and persons in sufficient detail to permit identification. 5. If actual notice is claimed, a statement of when, by whom and to whom actual notice was given and whether such notice was in writing; also, if such notice was in writing, the statement is to include the name and address of anyone who has any copy of it. 6. If constructive notice is claimed, a statement of how long any allegedly dangerous or defective condition existed before the occurrence and who has first-hand knowledge of any such facts. 7. If any violation is claimed, a citation to each statute, ordinance, regulation, and other federal, state, or 23 of 37

24 local rule which it is claimed that any defendant we represent has violated. 8. If any prior similar occurrence is claimed, a statement of its date, approximate time of day and approximate location. 9. If any subsequent repair or other remedial action is claimed, a statement of its date, approximate time of day, approximate location, who made such repair or took such other action and who has first-hand knowledge of either. B. Damage Issues: Personal Injury: 10. A statement of the injuries claimed to have been sustained by plaintiff as a result of the accident and a description of any injuries claimed to be permanent. 11. In any action under Ins. Law, 5104(a), for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect and to what extent any plaintiff has sustained: (a) serious injury, as defined by Insurance Law,5102(b); (b) economic loss greater than basic economic loss, as defined by Insurance Law, 5102 (a). 12. If plaintiff was treated at a hospital or hospitals, the name and address of each hospital and the exact dates of admission or treatment at each. 24 of 37

25 13. The name and address of all medical professionals that treated or examined plaintiffs with regard to the injuries claimed, and the exact dates of treatment received from each. 14. If loss of earnings is claimed, the name and address of plaintiff's employer, the nature of plaintiff's employment, and the exact dates that the plaintiff was incapacitated from employment. 15. A statement of the exact dates that each plaintiff was: (a) hospitalized; (b) confined to bed; (c) confined to house; 16. Total amounts each plaintiff claims as special damages for: (a) physicians' services; (b) medical supplies (c) loss of earnings to date, with the name(s) and address(es) of plaintiff's employer(s); (d) loss of earnings in the future, stating how the figure was calculated; (e) hospital expenses; (f) nurses' services; (g) any other special damages claimed. 25 of 37

26 17. If any plaintiff claims loss of services, a statement of all such losses claimed, including the nature and extent of the lost services and all special damages claimed. 18. The name, address and amounts received from each collateral source that has paid or reimbursed plaintiff for any of the expenses incurred as a result of this accident. DAMAGE ISSUES: MEDICARE 19. Set forth plaintiff s Medicare Health Insurance number. 20. State whether plaintiff is receiving Medicare benefits. 21. In the event that plaintiff is not receiving any Medicare benefits, state whether plaintiff has received Medicare benefits in the past. 22. State when plaintiff first received any Medicare benefits. 23. In the event that plaintiff received Medicare benefits in the past, state when the Medicare benefits ceased. 24. State whether plaintiff received any Medicare benefits due to the injuries or illness arising out of the incident which is the subject matter of this lawsuit. 25. In the event that plaintiff has received Medicare benefits, due to treatment provided for injuries or illness 26 of 37

27 arising out of the incident, which is the subject matter of this lawsuit, please state the amount received to date. 26. Identify any documents received pertaining to any Medicare benefits received for the treatment provided for the injuries or illness arising out of the incident, which is the subject matter of this lawsuit. 27. State the name, address and policy number of any additional medical insurance. 28. State all names that plaintiff has been known by or has used. DATED: March 8, 2017 New York, New York Yours, etc. EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant THE TRUST FOR PUBLIC LAND S/H/A THE TRUST FOR PUBLIC LAND, INC. Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) By: Regine Dely-Lazard To: Calcagno & Associates, PLLC Attorneys for Plaintiff Jason Meiden 900 South Avenue, 3rd Floor Staten Island, New York of 37

28 Zachary W. Carter, Esq. Attorneys for Defendant The City of New York Corporation Counsel 100 Church Street New York, New York David M. Santoro Attorneys for Defendants Consolidated Edison Company of New York, Inc. Consolidated Edison, Inc. 4 Irving Place, Rm 1800 New York, New York Ahmuty, Demers & McManus Attorneys for Defendants Verizon Cummunications, Inc. Verizon New York, Inc. 200 I.U. Willets Road Albertson, New York Feder Kaszovitz, LLP. Attorneys for Defendant Wadsworth Richmond Corp. 845 Third Avenue New York, New York Law Office of James J. Toomey Attorneys for Defendant Goethals South, LLC 485 Lexington Avenue, 7th Floor New York, New York of 37

29 Index No.: /2016 (ECF) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND JASON MEIDEN, -against- Plaintiff, THE CITY OF NEW YORK, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON, INC, MORROW STREET ASSOCIATES, LLC, PUBLIC STORAGE PROPERTIES XVIII, LTD., THE TRUST FOR PUBLIC LAND, INC., VERIZON CUMMUNICATIONS, INC, VERIZON NEW YORK, INC. WADSWORTH RICHMOND CORP., AND GOETHALS SOUTH, LLC, Defendants. VERIFIED ANSWER TO COMPLAINT, NOTICE PURSUANT TO CPLR 2103, DEMAND FOR VERIFIED BILL OF PARTICULARS AND COMBINED DISCOVERY DEMANDS AND NOTICE OF DEPOSITION EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendant The Trust for Public Land s/h/a The Trust for Public Land, Inc. Office and Post Office Address 55 Water Street, 29th Floor New York, New York (212) of 37

30 EDWARD M. EUSTACE JOHN R. MARQUEZ RHONDA L. EPSTEIN RICHARD C. PREZIOSO DAVID S. KASDAN CHRISTOPHER M. YAPCHANYK Craig j. billeci GREGORY WALTHALL JEFFREY D. GREENBERG EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & yapchanyk ATTORNEYS AT LAW 55 Water Street 29 th Fl. New York, NY TEL (212) FAX (212) Not a Partnership or Professional Corporation PAUL A. TUMBLESON REGINE DELY-LAZARD LAUREN S. YANG MAUREEN E. PEKNIC KIMBERLY K. BROWN GREGORY BENNETT TIMOTHY S. CARR ANTHONY J. TOMARI March 8, 2017 Calcagno & Associates, PLLC 900 South Avenue, 3rd Floor Staten Island, New York Re: Meiden v. The City of New York, The Trust for Public Land, Inc. Our File Number: Date of Loss: 08/28/2015 Dear Counsel: Please be advised that effective April 14, 2003 the Health Insurance Portability and Accountability Act went into effect. As such, an appropriate authorization complying with the HIPAA regulations must be properly completed and signed by the Plaintiff in this action. For your reference, enclosed please find a sample HIPAA Authorization. The new HIPAA authorization requires the following items: 1. A description of the information to be used or disclosed. 2. The name of the Requestor or the covered entity or person whom the medical facility can make the disclosure to. 3. The name of the medical facility or individual authorized to make the disclosure. 30 of 37

31 4. An expiration date. 5. A statement of the patients right to revoke the authorization in writing. 6. A statement that informs the patient that the information used or disclosed pursuant to the authorization may be subject to redisclosure by the requestor and may no longer be protected by Federal or State Law. 7. Signature of the patient. 8. If the authorization is signed by a person other than the patient, a description of the patient s representative s authority (and verification of authority) to act on behalf of the patient. 9. The Date. 10. A statement that the medical facility will not withhold treatment or services based on whether or not the patient authorizes this request. We are requesting your compliance pursuant to the new HIPAA Authorization Requirements. Thank you for your cooperation and if you have any questions please contact our office. Very truly yours, RDL:et Enc. Regine Dely-Lazard 31 of 37

32 AUTHORIZATION FOR RELEASE OF INFORMATION MCSFile: Name: SSN: DOB: Address: City: State: Zip Code: I. General Release. I hereby authorize to disclose the information set forth in Section IV of [Name and address of record source: e.g., Employer] this Authorization for the period from, to,. The released information is required for litigation. I further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy thereof, to photocopy such records as are reasonably necessary for the above-state purposes. II. Health Information Release. I hereby authorize the disclosure of my health information, as described in this authorization: Person(s) authorized to disclose the information: [Name of the Provider: Hospital, Doctor, Insurance Co.] Information to be disclosed: The Information set forth in Section V of this Authorization. I understand that the health information may include information pertaining to treatment of drug and alcohol abuse, mental health including without limitation psychiatric information, acquired immunodeficiency syndrome (AIDS), or human immunodeficiency virus (HIV), sexually transmitted diseases, sick cell anemia treatment, tuberculosis information or genetic information. THIS INFORMATION WILL BE RELEASED UNLESS I INDICATE OTHERWISE BY CHECKING HERE: Person(s) authorized to receive the disclosed information: The MCS Group, Inc. on behalf of: [Name of MCS Client] I further authorize The MCS Group, Inc., a private record reproduction company, upon presentation of this authorization or a copy thereof, to photocopy such records as are reasonably necessary for the above-state purposes. Purpose of this request: At my request. Expiration Date: Unless otherwise revoked, this authorization will expire one year after the date of this authorization or later as indicated here. Right to revoke: I understand that I have the right to revoke this authorization at any time by notifying in writing each Person identified in Section (a). I understand that the revocation is only effective after it is received and logged by such Person. I understand that any disclosure made prior to the revocation under this authorization will not be affected by the revocation. Subsequent Disclosure: I understand that any disclosure of information may be subject to re-disclosure by the recipient and may no longer be protected by federal or state law. Impact on Medical Treatment: I understand that I do not need to sign this authorization to assure any medical treatment. I understand that I may inspect and/or copy the information to be disclosed. I understand that authorizing this disclosure is voluntary. I understand that if I have any questions about disclosure of my health information, I may contact the privacy officer for each Person identified in Section (a). III. Signature/Certification. Signature of Person Identified Above or his or her Authorized Representative / Guardian Date By signing this authorization, the Authorized Representative and/or Guardian warrants that he or she has the authority to act on behalf of the person identified above on the basis of:. 32 of 37

33 AUTHORIZATION FOR RELEASE OF INFORMATION MCSFile: IV. Information Subject to the General Release. Provider Employment Copies of any and all records including but not limited to all applications for employment, all prior employment verification information, all preemployment background or health documentation, applications for insurance, insurance forms, all physician or medical reports or records of any kind pertaining to physical examination required for employment, continued employment, or health or disability insurance, all reports or records of job or other injury, attendance records, sick time records, vacation records, payroll records, W-2 forms, salary history, progress records, letters of complaint, layoffs or termination for any and all times, occasions or reasons, pertaining to the Person identified on the front of this Authorization Form. Car Insurance Copies of any and all claims files concerning claims including but not limited to PIP pay out sheets, medical records, bills and reports of treating an examining physician s statements of claims, correspondence, notes and documents concerning of any and all property damage claims files including but not limited to photographs, estimates, appraisals, payouts for property damage, and any documentation regarding property damage. Insured: Person identified on the front of this Authorization Form. Social Security Benefits Any and all records showing all payments and benefits received, and all benefits still available and not used by the Person identified on the front of this Authorization Form, including but not limited to any and all disability benefits, application for benefits, approval or denial of benefits and other social security benefits records regarding the above mentioned individual. School Copies of any and all school records, transcripts, attendance records, disciplinary reports, extracurricular activities, and cumulative records regarding the Person identified on the front of this Authorization Form. Other V. Information Subject to the Health Information Release. Provider Employment Copies of any and all records including but not limited to all applications for employment, all prior employment verification information, all preemployment background or health documentation, applications for insurance, insurance forms, all physician or medical reports or records of any kind pertaining to physical examination required for employment, continued employment, or health or disability insurance, all reports or records of job or other injury, attendance records, sick time records, vacation records, payroll records, W-2 forms, salary history, progress records, letters of complaint, layoffs or termination for any and all times, occasions or reasons, pertaining to the Person identified on the front of this Authorization Form. Pharmacy Any and all prescription records kept in the regular course of business including but not limited to prescription prescribed, physicians prescribing medications, medication description, medication side effect print out, frequency medication being taken, billing, insurance and payment records, etc., and any and all records kept in your file regarding the below listed party; from the first date of treatment to the present (pertaining to the Person identified on the front of this Authorization Form). Medical Insurance Copies of any and all claim files concerning claims made by the below listed party including but not limited to pay out sheets, medical records, bills and reports of treating and examining physicians, state of claims, correspondence, notes and documents concerning any payments made to medical providers under the provisions of the policy. Insured: (the Person identified on the front of this Authorization Form). Medical Copies of any and all medical records, reports, charts, notes, diagrams, documents, papers, correspondence, memoranda, microfilmed document emergency room reports, billing information, x-ray films, MRI films, and/or films or of radiological studies and any and all other records of reports in your possession, custody or control, from the inception of your records to the present pertaining to the Person identified on the front of this Authorization Form. Other 33 of 37

34 EDWARD M. EUSTACE JOHN R. MARQUEZ RHONDA L. EPSTEIN RICHARD C. PREZIOSO DAVID S. KASDAN CHRISTOPHER M. YAPCHANYK Craig j. billeci GREGORY WALTHALL JEFFREY D. GREENBERG EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & yapchanyk ATTORNEYS AT LAW 55 Water Street 29 th Fl. New York, NY TEL (212) FAX (212) Not a Partnership or Professional Corporation PAUL A. TUMBLESON REGINE DELY-LAZARD LAUREN S. YANG MAUREEN E. PEKNIC KIMBERLY K. BROWN GREGORY BENNETT TIMOTHY S. CARR ANTHONY J. TOMARI March 8, 2017 Calcagno & Associates, PLLC 900 South Avenue, 3rd Floor Staten Island, New York Re: Meiden v. The City of New York, The Trust for Public Land, Inc. Our File Number: Dear Counsel: Enclosed please find a copy of our responsive pleading to the above referenced complaint. Please ensure that Plaintiff places his/her initials in section 9A (all 3 choices) on all Medical authorizations & in section 6 for all IRS authorizations. Additionally, with the enforcement of the Medicare, Medicaid and SCHIP Extension Act of 2007, counsel is required to notify Medicare if the Plaintiff, is a beneficiary of any Medicare benefits. Therefore we have attached the Medicare Proof of Representation and the Medicare Consent to Release which we have completed in part. If your client is a Medicare beneficiary, please execute and have your client execute both documents and immediately submit them to: 34 of 37

35 Medicare Secondary Payer Recovery Contractor MSPRC Auto/Liability P.O. Box Oklahoma City, OK Fax: (406) We also request that you return a copy of the signed forms for our records. We are submitting these documents to you based upon the representation from Medicare that it will take 180 days for these documents to be processed. By submitting the Notice of Claim to Medicare now, we will be able to obtain the amount of the Medicare benefits received by the plaintiff(s). Without this information, a potential resolution of the case could be delayed. Thank you for your attention. Very truly yours, EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Regine Dely-Lazard (212) RDL:et Enc. 35 of 37

36 Proof of Representation The language below should be used when you, the Medicare beneficiary, want to inform the Centers for Medicare & Medicaid Services (CMS) that you have given another individual the authority to represent you and act on your behalf with respect to your claim for liability insurance, no-fault insurance or workers' compensation, including releasing identifiable health information or resolving any potential recovery claim that Medicare may have if there is a settlement, judgment, award or other payment. You are not required to use this model language, but proof of representation must include the information provided in this model language. Your representative must also sign that he/she has agreed to represent you. This model language also makes provisions for the information your representative must provide. Type of Medicare Beneficiary Representative (Check one below and then print the requested information): ( ) Individual other than an Attorney: Name: ( ) Attorney * Relationship to the Medicare Beneficiary: ( ) Guardian * Firm or Company Name: ( ) Conservator * Address: ( ) Power of Attorney * Telephone: * Note -- If you have an attorney, your attorney may be able to use his/her retainer agreement instead of this language. (If the beneficiary is incapacitated, his/her guardian, conservator, power of attorney etc. will need to submit documentation other than this model language.) Please visit for further instructions. Medicare Beneficiary Information and Signature/Date: Beneficiary's Name (please print exactly as shown on your Medicare card): Beneficiary's Health Insurance Claim Number (number on your Medicare card): Date of Illness/Injury for which the beneficiary has filed a liability insurance, no-fault insurance or workers' compensation claim: Beneficiary Signature: Date signed: Representative Signature/Date: Representative's Signature: Date signed: 36 of 37

37 Consent to Release The language below should be used when you, a Medicare beneficiary, want to authorize someone other than your attorney or other representative to receive information, including identifiable health information, from the Centers for Medicare & Medicaid Services (CMS) related to your liability insurance (including self-insurance), no-fault insurance or workers' compensation claim. I, (print your name exactly as shown on your Medicare card) hereby authorize the CMS, its agents and/or contractors to release, upon request, information related to my injury/illness and/or settlement for the specified date of injury/illness to the individual and/or entity listed below: CHECK ONLY ONE OF THE FOLLOWING TO INDICATE WHO MAY RECEIVE INFORMATION AND THEN PRINT THE REQUESTED INFORMATION: (If you intend to have your information released to more than one individual or entity, you must complete a separate release for each one.) ( ) Insurance Company ( ) Workers' Compensation Carrier ( X ) Attorney for Defendant Name of entity: Contact for above entity: Address: Eustace, Marquez, Epstein, Prezioso & Yapchanyk Regine Dely-Lazard 55 Water Street New York, New York Telephone: (212) CHECK ONE OF THE FOLLOWING TO INDICATE HOW LONG CMS MAY RELEASE YOUR INFORMATION (The period you check will run from when you sign and date below.): ( ) One Year ( ) Two Years ( ) Other (Provide a specific period of time) I understand that I may revoke this "consent to release information" at any time, in writing. MEDICARE BENEFICIARY INFORMATION AND SIGNATURE: Beneficiary Signature: Date signed: Note: If the beneficiary is incapacitated, the submitter of this document will need to include documentation establishing the authority of the individual signing on the beneficiary's behalf. Please visit for further instructions. Medicare Health Insurance claim number (the number on your Medicare card): Date of Injury/Illness: 08/28/ of 37