FILED: KINGS COUNTY CLERK 02/13/ :21 PM INDEX NO /2016

Transcription

1 INDEX NO /2016 FILED : KINGS COUNTY CLERK 10/14/ :33 PM NYSCEF DOC. NO RECEIVED NYSCEF: 02/13/ /14/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X Index No /2016 MARISOL CARUSO AND ANTHONY CARUSO, VERIFIED ANSWER Plaintiffs, TO AMENDED VERIFIED -against- COMPLAINT BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X Defendant, Redcom Design and Construction, LLC, by its attorneys, The Law Office of Charles J. Siegel, answering the amended verified complaint of the plaintiffs herein: 1. Denies any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "1", "2", "4", "5", "6", "7", "8", CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC "9", "10", "11", "12", "13", "14", "15", "16", "17", "18", "19", "20", "21", CC 00 CC 00 C 00 C 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC "22", "24", '25", '26", "27", "28", "29", "30", "31", "32", "33", "34", "35", CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC 00 CC "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "47", "48", "49", "50", "51", "52", "53", "54", the second paragraph designated as "54", cc >7 cc r7 cc >7 cc r 7 cc >7 cc r 7 cc >7 cc r 7 cc >7 "71" "56", "57", "58", "60", "61", "63", "68", "69", "70", 7 1 of the amended verified complaint. j of 28

2 2. Denies each and every allegation contained in paragraphs "3", "59", "62", cc >7 cc >7 cc >7 cc >7 cc >7 cc >7 cc >7 cc >7 cc >7 "83" "72", "73", "74", "75", "77", "78", "79", "80", "81", 8 3 of the amended verified complaint. 3. Denies each and every allegation contained in paragraphs "23", "64", "65", "66", "67", "76", "82" of the amended verified complaint, and refers all questions of law to this Honorable Court. ANSWERING THE SECOND CAUSE OF ACTION 4. Defendant, Redcom Design and Construction, LLC repeats and reiterates all of the admissions and denials contained in the foregoing answer with reference to those paragraphs repeated and reiterated in paragraph "84" of the amended verified complaint. 5. Denies any knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs "85", "86" of the amended verified complaint. 6. Denies each and every allegation contained in paragraphs "87", the second paragraph designated as "87" "88" of the amended verified complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE 7. Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiffs for medical care, dental care, custodial care, or rehabilitative services, loss of earnings, or other economic loss, has been or will, with reasonable certainty, be placed or indemnified in whole or in part 2 of 28

3 from collateral sources as defined in Section 4545(c) of the New York Civil Practice Law and Rules. 8. If any damages are recoverable against said answering defendant, the amount of such damages shall be diminished by the amount of the funds which plaintiffs have or shall receive from such collateral sources. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 9. In the event that the plaintiffs recover any judgment against the answering defendant herein, then the answering defendant demands that any such judgment be diminished in accordance with Article 16 of the CPLR and more particularly Section 1601 thereof. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 10. If the plaintiffs sustained damages as alleged, such damages occurred while plaintiffs were engaged in an activity into which they entered, knowing the hazard, risk and danger of the activity and they assumed the risks incidental to and attending the activity. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 11. The plaintiffs have failed to mitigate damages. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 12. Defendant, Redcom Design and Construction, LLC, pursuant to Section 1412 of the CPLR, alleges upon information and belief, that if plaintiffs sustained any injuries or damages at the time and place alleged in their complaint, such injuries or damages were the result of the culpable conduct of the plaintiffs or because of the plaintiffs' negligence and assumption of risk. Should it be 3 of 28

4 found however, that the answering defendant is liable to the plaintiffs herein, any liability being specifically denied, then the answering defendant alleges that if any damages are found, they are to be apportioned among the plaintiffs and defendants according to the degree of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility for the occurrence. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 13. Recovery by the plaintiffs are barred pursuant to General Obligations Law Section AS AND FOR A CROSS-CLAIM AGAINST THE DEFENDANTS, BRAM AUTO GROUP, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. AND BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., THIS ANSWERING DEFENDANT, REDCOM DESIGN AND CONSTRUCTION, LLC, ALLEGES, UPON INFORMATION_AND BELIEF, PURSUANT TO CPLR 3019 (b): 14. That if the plaintiffs sustained the injuries and damages alleged in the complaint through any negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement other than their own, such damages were caused by and resulted from the negligence and/or breach of warranty and/or breach of contract and/or breach of indemnification agreement and/or breach of insurance procurement agreement of the abovenamed co-defendants. That if the plaintiffs recover a verdict against the answering defendant for the injuries/damages alleged in the complaint, such liability will have been caused by the negligence and/or breach of warranty and/or breach of contract and/or breach 4 of 28

5 of indemnification agreement and/or breach of insurance procurement agreement of the above-named co-defendants. That by reason of the foregoing, if any verdict or judgment is rendered in favor of the plaintiffs against the answering defendant, then the above named codefendants will be liable to the answering defendant, in whole or in part, for said verdict and for costs and expenses incurred by the said answering defendant in the defense of this action. WHEREFORE, the answering defendant, Redcom Design and Construction, LLC, demands judgment dismissing the amended verified complaint herein and further demands judgment over and against the co-defendants hereinbefore named, in whole or in part, for any verdict or judgment rendered against the answering defendant, together with the costs and disbursements of this action and the attorney's fees and expenses incurred herein. Dated: New York, New York October 14, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant Redcom Design 4 Construction, LLC Office 4 P.O. Address 7"' 125 Broad Street, 7 Floor New York, New York (212) th),~~w' By: â, I' _ Philip G. Menna _ 5 of 28

6 To: Marc J. Bern & Partners, LLP Attorney for Plaintiffs 60 East 42nd Street, Suite 950 New York, New York Chet W. Kern, Esq Litchfield Cavo, LLP Attorneys for Defendant Red Ball Contracting Corp. 420 Lexington Avenue, Suite 2104 New York, NY Dobis, Russell & Peterson, P.C. Attorneys for Defendant Argonaut Holdings LLC 7 Elk Street, Lower Level New York, NY of 28

7 AFFIRMATION OF VERIFICATION Philip G. Menna, hereby affirms under the penalty of perjury, pursuant to CPLR 2106, that he is an attorney admitted to practice in the courts of this state and that he is associated with the LAW OFFICES OF CHARLES J. SIEGEL the attorneys for the defendant, Redcom Design 4 Construction, LLC in the within action; that the foregoing Answer to amended verified complaint is true to his own knowledge, except as to matter therein stated to be upon information and belief, and that as to those matters he believes it to be true. That this Answer to amended verified complaint is affmned by your affirmant and not by the answering defendant because the answering defendant upon information and belief is a corporation, none of whose officers are within the county where the LAW OFFICES OF CHARLES J. SIEGEL has its office at the time this verification is executed and the source of affirmant's information, and the grounds for his belief are the records and reports of investigation kept in the offices of the said attorneys for the defendant in connection with this action and the accident out of which said action arises. Dated: New York, New York October 14, 2016 / j~/((i(" I,i"-~i,â Philip G. Menna 7 of 28

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X Index No /2016 MARISOL CARUSO AND ANTHONY CARUSO, DEMAND FOR Plaintiffs, VERIFIED BILL OF PARTICULARS -against- BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X PLEASE TAKE NOTICE that the defendant, Redcom Design & Construction, LLC, by their attorneys, THE LAW OFFICE OF CHARLES J. SIEGEL, hereby demands that the plaintiffs serve on the undersigned, within twenty (20) days from the date of service hereof, a Verified Bill of Particulars in response to the following: 1. State the exact date and approximate time of day of the occurrence. identification. 2. Describe the location of the accident in sufficient detail to permit definite above named defendant. 3. State the acts or omissions constituting the negligence claimed by the 4. (a) Set forth the nature and extent of the injuries claimed to have been sustained. (b) Specify any pre-existing injury or condition that it is claimed to have been exacerbated as a result of the negligence alleged in this lawsuit. 5. Describe the injuries claimed to be permanent in their nature and consequences in sufficient detail to permit definite identification. 6. Set forth the length of time it will be claimed plaintiff was confined (a) to bed (b) to house (c) set forth the dates of each hospital confinement, and identify the hospitals to which confined. 8 of 28

9 7. State (a) the usual business or occupation of the plaintiff and (b) plaintiffs salary or income, if any, per day, week or month. 8. Set forth the name and address of plaintiffs employer; or if selfemployed, so state, indicating the name and address under which the plaintiff is doing business. 9. Set forth the amount of lost earnings or any financial loss incurred and the method by which the lost earnings and financial loss is computed. 10. Set forth the length of time if any, plaintiff was incapacitated from employment or occupation, or if plaintiff was a student, give the name of the school attended, and the grade in which he was a student. 11. State (a) the plaintiffs date and place of birth (b) present address and (c) the address of the plaintiff at the time of the occurrence. 12. Set forth the amounts incurred for: (a) medical, surgical and dental services, stating separately the amount of each service identifying by whom rendered; (b) hospital services, stating separately the name and address of each hospital and the amount of each bill; (c) nursing services; (d) services for ambulance, X-rays, prescription drugs and prosthetics stating separately the amount of each bill and the service for which it was rendered; (e) any other item of expense, or damage; workers' (f) if plaintiff received workers compensation benefits, identify the insurance carrier and/or employer who provided said benefits, the workers' compensation file number, and the amount of the lien to date. 13. 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; and (c) the particular services claimed for loss of services, consortium, medical expenses, and other expenses. 14. State the location of the stairway upon which plaintiff claims the accident occurred and state on which step or steps plaintiff claims she fell, identifying the stairway and step in sufficient detail to permit definite identification, and state whether plaintiff was ascending or descending said stairway. 15. State on which floor of the aforesaid premises, and on what portion of said floor, the alleged accident occurred, giving the location of same, in feet, with respect to the nearest door or other specified location in sufficient detail to permit definite identification of the place where plaintiff claims she/he fell. 9 of 28

10 16. State where plaintiff was standing at the time of the alleged occurrence, giving direction and distance, in feet or inches from nearest entranceway to defendant's premises, identifying the entranceway referred to. 17. State for what purpose the plaintiff was on the premises. 18. State what it is claimed caused plaintiffs injury (fall) and the claimed acts or omissions on the part of the defendant. 19. State the nature of the alleged slippery substance describing it in sufficient detail to permit definite identification. 20. State the nature and character of the alleged refuse and debris. 21. Describe the alleged obstruction. 22. State whether it is claimed that defendant had notice of the condition complained of and if so, state whether actual or constructive notice is claimed; if constructive notice is claimed, state for how long plaintiff claims the alleged condition existed before the alleged accident; if actual notice is claimed, state by whom and to whom such notice was allegedly given and the place and time it was given, and whether oral or written and if written, set forth a copy thereof. 23. Set forth the statutes or ordinances alleged to have been violated by the defendant, designating by chapter, article, division, subdivision, section, paragraph and otherwise the particular portions and provisions of the specific laws, ordinances, rules and regulations allegedly violated by defendant. Dated: New York, New York October 14, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant Redcom Design 4 Construction, LLC Ofñce 4 P.O. Address 7"' 125 Broad Street, 7 FL New York, New York (212) (gj,~~w' By: â, I' _ Philip G. Menna 10 of 28

11 To: Marc J. Bern & Partners, LLP Attorney for Plaintiffs 60 East 42nd Street, Suite 950 New York, New York Chet W. Kern, Esq Litchfield Cavo, LLP Attorneys for Defendant Red Ball Contracting Corp. 420 Lexington Avenue, Suite 2104 New York, NY Dobis, Russell & Peterson, P.C. Attorneys for Defendant Argonaut Holdings LLC 7 Elk Street, Lower Level New York, NY of 28

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X Index No /2016 MARISOL CARUSO AND ANTHONY CARUSO, Plaintiffs, COMBINED DEMANDS -against- BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X DEMAND FOR MEDICALS PLEASE TAKE NOTICE, that demand is hereby made that plaintiffs serve upon the undersigned, within twenty (20) days, copies of all medical reports, x-ray reports, technicians reports and hospital authorizations concerning treatment, diagnosis and prognosis of the plaintiffs for the injuries allegedly suffered herein, as provided for in the Rules of the Supreme Court, New York County requiring physical examinations and the exchange of medical information, and PLEASE TAKE FURTHER NOTICE, that the undersigned will object, upon the trial of this action, to the receipt in evidence of any part of said records not made available pursuant to this demand; and to the introduction of any evidence of injuries or conditions not set forth or put in issue in any medical reports heretofore received by the undersigned and to the testimony of any physician whose medical reports have not been served as demanded. 12 of 28

13 DEMAND FOR MEDICARE/MEDICAID INFORMATION PLEASE TAKE NOTICE that pursuant to Article 31 of the Civil Practice Law and Rules, the undersigned attorney for the answering defendant hereby demands that plaintiff furnish us within thirty (30) days of the service of this notice the following: PLEASE TAKE NOTICE that the answering Defendant hereby demands that plaintiffs, provide the following information in order to ensure compliance with the Medicare, Medicaid and SCHIP Extension Act of 2007 ("MMSEA") 42 U.S.C (y) (b) (7): 1. Set out the plaintiff's full legal name and social security number as contained on her social security card. 2. Set out plaintiff's date of birth. 3. Set out plaintiff's gender. 4. Has the plaintiff ever been a Medicare beneficiary? (a) If the answer is yes, on what date did Medicare benefits commence? (b) The address of the office handling the plaintiff's/decedent's Medicare/Medicaid file; (c) Copies of all documents, records, memorandums, notes, etc. in plaintiff's possession pertaining to plaintiff's receipt of Medicare or Medicaid benefits; and 13 of 28

14 (d) A duly executed authorization bearing plaintiff's date of birth and Social Security number permitting this firm and/or the representatives of defendant to obtain copies of plaintiff's Medicaid or Medicare records. 5. If plaintiff has ever been a Medicare beneficiary, provide the Identification Number supplied by Medicare to identify plaintiff's claim. 6. Has the plaintiff ever been Medicare eligible as defined under federal legislation? 7. If plaintiff has ever been Medicare eligible, on what date did she achieve that status? 8. Has the plaintiff ever applied to the Social Security Administration seeking disability benefits? (a) If the answer is yes, on what date was such application first filed? 9. Has the Social Security Administration determined the plaintiff to be entitled to disability benefits? (a) If the answer is yes, on what date was that determination made? 10. Has the Social Security Administration determined the plaintiff not entitled to benefits? (a) If the answer is yes, on what date was that determination made? PLEASE TAKE FURTHER NOTICE that pursuant to CPLR, this is a continuing demand and that you are required to serve the demanded information by the earliest of the following: a. Within 30 days of the date of this demand; 14 of 28

15 b. Within 20 days of the receiving the above-questioned information; c. No later than 30 days prior to the commencement of trial. If you do not possess the above-requested information, a letter or affidavit to that effect should be submitted. PLEASE TAKE FURTHER NOTICE that failure to provide the items demanded above will preclude plaintiff from providing liability, causation and damages at trial. DEMAND FOR NAMES 4 ADDRESSES OF WITNESSES PLEASE TAKE NOTICE that pursuant to CPLR 3120 and the authority of Zellman v. Metropolitan Transit Authority, 40 A.D.2d 248 and Zayas, et al. v. Morales, et al., 45 A.D.2d 610, the undersigned demands that you serve upon him within 20 days hereof, a list of the names and addresses of: 1. All eyewitnesses to the occurrence alleged in the plaintiffs Complaint. 2. If notice of the condition complained of is alleged, all witnesses who will appear and testify on behalf of plaintiff with respect thereto. DEMAND FOR ADVERSE PARTY STATEMENTS PLEASETAKENOTICE, that demand is hereby made upon plaintiff, pursuant to CPLR 3101(e), for a copy of all statements, written or recorded, of the defendant, its agents, servants, and/or employees. If there are no such statements, advise accordingly. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within 10 days hereof will serve as a basis for objection by the undersigned to the use of such statements upon the trial of this matter. 15 of 28

16 DEMAND FOR EXPERT INFORMATION PLEASE TAKE NOTICE, that pursuant to 3101(d) of the Civil Practice Law and Rules, plaintiff is required to disclose the following: 1. The names of each person that the plaintiff expects to call as an expert witness at a trial of this matter with respect to claims of negligence, medical malpractice and/or professional negligence as alleged in plaintiffs Complaint. 2. Set forth in reasonable detail the subject matter on which each expert is expected to testify at a trial of this matter; 3. Set forth the substance of the facts and opinions on which each such expert is expected to testify at a trial of this matter; 4. Set forth the qualifications of each expert witness expected to testify at a trial of this matter; and 5. Set forth a summary of the grounds for each expert's opinion that (s)he is expected to testify to at a trial of this matter. PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiffs failure to comply with this demand, a motion to preclude the testimony of any witness called on behalf of the plaintiff as an expert witness will be made by the defendant. DEMAND FOR PHOTOGRAPHS PLEASE TAKE NOTICE, that pursuant to Rule 3120 and 3101(g) of the CPLR, the answering defendant demands that the plaintiff produce, within fifteen (15) days of receipt hereof, any and all photographs of the accident site, and any and all photographs pertaining to plaintiffs alleged injuries. 16 of 28

17 DEMAND PURSUANT TO CPLR 4545 PLEASE TAKE NOTICE, that demand is hereby made upon the attorney for the plaintiff, that they serve upon the undersigned a statement as to whether any part of the cost of medical care, custodial care, rehabilitation services, loss of earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in whole or in part, from any collateral source such as insurance, social security (except those benefits provided under Title 18 of the Social Security Act). Workers' Workers Compensation, or employee benefit programs and, if so, the full name and address of each organization or program providing such replacement or indemnification, together with an itemized statement of the amount in which each such claimed item of economic loss was replaced or indemnified by each such organization or program. Demand is additionally made for duly executed and properly addressed original authorizations permitting the undersigned to inspect and copy any records reflecting any collateral source or payment identified in response to the foregoing demand. PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing within twenty (20) days will serve as the basis of a motion for appropriate relief pursuant to CPLR. 17 of 28

18 DEMAND FOR APPEARANCE OF PARTIES PLEASE TAKE NOTICE, that pursuant to Rule 2103(e) CPLR, the answering defendant demands a list of the names and addresses of all other parties, if any, who have appeared in this action, and the names and addresses of their attorneys. DEMAND FOR NOTICE TO FILE PLEASE TAKE NOTICE, that pursuant to CPLR 306-a, demand is hereby made that plaintiff in the above-captioned action file with the Clerk of the Court in which the action has been commenced, within one-hundred twenty (120) days from the date of filing the Summons and Complaint. PLEASE TAKE FURTHER NOTICE, that demand is hereby made that the undersigned attorneys be immediately advised of the Index Number assigned by said Clerk to the matter. PLEASE TAKE FURTHER NOTICE, that upon failure to comply with this Demand, answering defendant shall seek sanctions, pursuant to 22 NYCRR l30-1.1, for frivolous conduct. DEMAND FOR PRIOR PAPERS Copies of all papers previously served by any party including pleadings and amended pleadings, Demands for Bill of Particulars, Bills of Particulars, discovery notices and responses thereto, EBT transcripts, Interrogatories and Answers thereto, Notices to Admit and responses thereto, Court Orders and compliance therewith and any other papers served on any party in connection with this matter. 18 of 28

19 DEMAND FOR MUNICIPAL HEARING TRANSCRIPTS Copy of plaintiff's Notice of Claim served upon the City of New York. Also, copies of all 50H hearing and municipal hearing transcripts held in this matter. DEMAND FOR ACCIDENT REPORTS All reports relating to the occurrence prepared by any party or its agent(s) in the regular course of business. DEMAND FOR EDUCATION RECORDS AND AUTHORIZATIONS Copies of all report cards and/or other records of attendance and/or performance relating to any education undertaken by plaintiff in the year prior to the occurrence, the year of the occurrence, and all years subsequent to the occurrence to date. Authorizations to obtain copies of records relating to such education from each provider of such educational services. DEMAND FOR EMPLOYMENT AND INCOME RECORDS 4 AUTHORIZATIONS Payroll or pay records or receipts for the period one year prior to the date of the occurrence and subsequent to the date of the occurrence to the present, showing any and all amounts earned by the plaintiff. Authorizations to obtain copies of records relating to payments to plaintiff. Copies of income tax returns, including W-2's and all schedules submitted to IRS, for the year prior to the occurrence, the year of the occurrence, and all years subsequent to the occurrence to date. 19 of 28

20 DEMAND FOR INSURANCE POLICIES A copy of any insurance policy (including excess, umbrella and co-insurance policies) which may provide coverage to a party for any of the claims asserted by or against that party. DEMAND FOR NO-FAULT AND OTHER INSURANCE AUTHORIZATIONS Authorizations to obtain a copy of the file of any insurer or other entity which paid the plaintiff any Workers' Compensation, No-Fault or other insurance benefits of any type in relation to the occurrence. Such authorizations should specify the provider of benefits, the file number and the policy number under which benefits were paid. DEMAND FOR ADDENDUM Demand is hereby made for plaintiff to set forth the total dollar amount on damages sought in the complaint. Dated: New York, New York October 14, 2016 Yours, etc., Law Offices of CHARLES J. SIEGEL Attorneys for Defendant Redcom Design 4 Construction, LLC Office 4 P.O. Address 7"' 125 Broad Street, 7 FL New York, New York (212) th)(~w' By: â, I' _ Philip G. Menna _ 20 of 28

21 To: Marc J. Bern & Partners, LLP Attorney for Plaintiffs 60 East 42nd Street, Suite 950 New York, New York Chet W. Kern, Esq Litchfield Cavo, LLP Attorneys for Defendant Red Ball Contracting Corp. 420 Lexington Avenue, Suite 2104 New York, NY Dobis, Russell & Peterson, P.C. Attorneys for Defendant Argonaut Holdings LLC 7 Elk Street, Lower Level New York, NY of 28

22 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X Index No /2016 MARISOL CARUSO AND ANTHONY CARUSO, Plaintiffs, DEMAND PHYSICAL FOR -against- BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X PLEASE TAKE NOTICE, that pursuant to the Rules of the Appellate Division, Judicial Department, requiring Physical Examination and Exchange of Medical Information, the answering defendant wishes to have a physical examination of the plaintiff, MARISOL CARUSO, to be conducted by a doctor who will be named at a future date. PLEASE TAKE FURTHER NOTICE, that at least twenty (20) days before the date set for the physical examination, you are required to serve upon and deliver to all other parties, all papers, reports, records and authorizations enumerated in the aforesaid Rules. Dated: New York, New York October 14, of 28

23 Yours, etc., Law Offices of CHARLES J. SIEGEL Attomeys for Defendant Redcom Design 4 Construction, LLC Office 4 P.O. Address 7"' 125 Broad Street, 7 FL New York, New York (212) By: _ â ( j](r'~', ( I' Philip G. Menna To: Marc J. Bem 4 Partners, LLP Attomey for Plaintiffs 60 East 42nd Street, Suite 950 New York, New York Chet W. Kem, Esq Litchfield Cavo, LLP Attomeys for Defendant Red Ball Contracting Corp. 420 Lexington Avenue, Suite 2104 New York, NY Dobis, Russell 4 Peterson, P.C. Attomeys for Defendant Argonaut Holdings LLC 7 Elk Street, Lower Level New York, NY of 28

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X Index No /2016 MARISOL CARUSO AND ANTHONY CARUSO, Plaintiffs, NOTICE TO TAKE DEPOSITION -against- BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X PLEASE TAKE NOTICE, that the testimony of plaintiffs, MARISOL CARUSO AND ANTHONY CARUSO, and all co-defendants, will be taken before a Notary Public who is not of counsel to any of the parties herein at THE LAW OFFICES OF CHARLES J. SIEGEL, 125 Broad Street, 7th Floor, New York, N.Y , on a date mutually agreeable to all parties. The plaintiffs and co-defendants are to be examined with respect to the relevant and material allegations of fact put in issue by the pleadings in the action including negligence, contributory negligence, liability or damages. That for the purpose authorized by CPLR 3111, the said attorneys are required to produce at such examination any books, papers or other things in their custody or control related to any of the matters in controversy. Dated: New York, New York October 14, of 28

25 Yours, etc., Law Offices of CHARLES J. SIEGEL Attomeys for Defendant Redcom Design 4 Construction, LLC Office 4 P.O. Address 7"' 125 Broad Street, 7 FL New York, New York (212) ((/]f,~~' By: â I' _ Philip G. Menna To: Marc J. Bem 4 Partners, LLP Attomey for Plaintiffs 60 East 42nd Street, Suite 950 New York, New York Chet W. Kem, Esq Litchfield Cavo, LLP Attomeys for Defendant Red Ball Contracting Corp. 420 Lexington Avenue, Suite 2104 New York, NY Dobis, Russell 4 Peterson, P.C. Attomeys for Defendant Argonaut Holdings LLC 7 Elk Street, Lower Level New York, NY of 28

26 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X Index No /2016 MARISOL CARUSO AND ANTHONY CARUSO, DEMAND FOR Plaintiffs, MEDICAL BILLING RECORDS -against- BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X PLEASE TAKE NOTICE, that demand is hereby made that plaintiffs serve upon the undersigned within twenty (20) days, copies of all records and/or reports and duly executed authorizations for such records relating to billing by any medical individual or entity involved in the treatment, diagnosis and prognosis of the plaintiffs for injuries allegedly suffered herein. PLEASE TAKE FURTHER NOTICE that undersigned will object, upon the trial of this action, to the receipt in evidence of any part of said records not made available pursuant to this demand; and to the introduction of any evidence of costs connected with injuries or conditions not set forth or put in issue in any billing record or reports heretofore received by the undersigned and to the testimony of any physician whose billing records have not been served as demanded. Dated: New York, New York October 14, of 28

27 Yours, etc., Law Offices of CHARLES J. SIEGEL Attomeys for Defendant Redcom Design 4 Construction, LLC Office 4 P.O. Address 7"' 125 Broad Street, 7 FL New York, New York (212) ((/]/~,~' By: â I' _ Philip G. Menna To: Marc J. Bem 4 Partners, LLP Attomey for Plaintiffs 60 East 42nd Street, Suite 950 New York, New York Chet W. Kem, Esq Litchfield Cavo, LLP Attomeys for Defendant Red Ball Contracting Corp. 420 Lexington Avenue, Suite 2104 New York, NY Dobis, Russell 4 Peterson, P.C. Attomeys for Defendant Argonaut Holdings LLC 7 Elk Street, Lower Level New York, NY of 28

28 =============================================================== SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X MARISOL CARUSO AND ANTHONY CARUSO, Plaintiffs, Index No /2016 -against- BRAM AUTO GROUP, REDCOM DESIGN AND CONSTRUCTION, LLC, ARGONAUT HOLDINGS, LLC, RED BALL CONTRACTING CORP., BR DESIGN CONCEPTS, INC., BAY RIDGE CHEVROLET, INC. and BAY RIDGE AUTOMOTIVE MANAGEMENT CORP., Defendants X =============================================================== VERIFIED ANSWER TO AMENDED COMPLAINT AND DISCOVERY ============================================================== DEMANDS LAW OFFICE OF CHARLES J. SIEGEL Attorney for Defendant REDCOM DESIGN AND CONSTRUCTION, LLC 125 Broad Street, 7* 7 Floor New York, N.Y (212) ============================================================== 28 of 28