FILED: BRONX COUNTY CLERK 01/26/ :17 PM INDEX NO /2016E NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 01/26/2018

Transcription

1

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E -against- Plaintiff, DEMAND FOR VERIFIED BILL OF PARTICULARS HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE that these answering defendants hereby demand that you serve upon the undersigned, said defendants' attorneys, within thirty (30) days from the date of service of this Demand, a Verified Bill of Particulars as to each of the following: 1. The age of plaintiff, giving date and place of birth. 2. The social security number of plaintiff herein. 3. The present residence address of plaintiff herein. 4. The exact date and approximate hour when the alleged accident is claimed to have occurred. 5. The exact location of the act or occurrence with reference to addresses, landmarks or other identifying points of reference, including the direction an distance therefrom. If the occurrence took place inside a premises, state specifically the location within the premises and also include the block and lot of the premises. 6. State the act or acts of negligence it is claimed caused the alleged accident. 7. State the statutes, ordinances, laws, rules and regulations it is claimed defendant violated. -6-(81-134ec fj

3 8. State in what respects it is claimed that the premises were in a dangerous,, defective and negligent condition; and describe the nature of the condition, the location of the condition within the premises and in what manner the condition was dangerous. 9. State whether actual or constructive notice is claimed or whether it is alleged that defendant created the condition complained of. 10. If actual notice is claimed, then set forth the following: (a) The names of the employees, agents and/or servants or the defendants to whom it will be alleged said actual notice was given; (b) By whom it will be claimed that said actual notice was given on each occasion aforesaid; (c) The date or dates when given; (d) The place said actual notice was given. 11. If constructive notice is claimed: (a) Nature of condition. (b) Location of condition. (c) Duration of condition with date of inspection to date constructive notice will be claimed to be given defendant. 12. If a prior similar event is claimed: The date of such prior event. 13. If it is alleged that defendant, agent, servant and/or employee caused, or created, the condition, state the name of the person who caused, or created the condition and the date when condition was caused or created. 14. State the manner in which it is claimed the alleged accident occurred. 15. State in what respect it will be claimed defendant was being otherwise negligent in the premises as alleged in the complaint. -7-(81-134ecf)

4 16. The nature, extent, location and duration of each and every injury alleged to have been sustained by the plaintiff. 17. Specify each injury, whether or not it is claimed to be permanent and, if it is claimed to be permanent, the manner in which it is permanent. 18. Set forth (a) the length and time said plaintiff was prevented from performing his or her usual customary duties as a result of the alleged occurrence; (b) the total amount of earnings it is claimed plaintiff lost; (c) the name and address of the employer of plaintiff; (d) if self-employed, the address of place of business, and the names and addresses of prospective individuals or firms who offered employment opportunities during the period of disability, together with salary terms, or earnings arising out of such employment; (e) if any loss of earnings and/or loss of business is claimed, attach copies of income tax return for the year of the accident and for two years prior thereto; (f) number of days incapacitated setting forth the I date; daily, weekly or monthly earnings; total amount of loss claimed. 19. If plaintiff was a student at the time of the accident (a) the name and address of the school; (b) dates student failed to attend school as a result of the accident. 20. The length of time it is claimed that each plaintiff was confined to (a) a hospital, giving its or their names and addresses; (b) confined to bed; (c) confined to home; (d) incapacitated from employment; (e) incapacitated from other activities, specifying the nature of the activities. 21. Total special damages allegedly expended or incurred for (a) services of physicians, etc.; (b) services of nurses; (c) hospitals; (d) medical supplies; (e) domestic help; (f) any other expenses. For each of the foregoing elements of damages, please state the name and address(es) of the provider(s) and the dates of treatment. IF any of the foregoing elements of damages have been repaid to the plaintiff or otherwise paid for by other sources, identify each -8-(81-134ecf)

5 type of service recompensed, the source or sources of such recompense, the amount so paid and the amount of out of pocket expenses sustained by the plaintiff. 22. Please provide the date and place of plaintiff's marriage, including a copy of the marriage certificate of the plaintiff. 23. List all other names used by plaintiff. 24. If the complaint alleges loss of services, set forth the pecuniary loss, if any, alleged in the complaint. Enumerate the damages for (a) loss of services; (b) consortium; (c) other expenses. 25. State separately the acts or omissions constituting the alleged negligence of each of these answering defendants, if any. 26. Describe any alleged dangerous and defective condition and/or the object or instrumentality complained of as well as the nature of the condition alleged. 27. State whether any repairs were made prior to the happening of the alleged accident. 28. If it is alleged that repairs were made prior to the happening of the accident, state when, where and by whom, the repairs were made. 29. In any action where the plaintiff claims the violation of any statute, ordinance, rule, order, requirement or regulation, state separately and specifically all such statutes, ordinances, rules or regulations alleged to have been violated by the answering defendant. 30. State what, if any, medical procedures, consultations or treatment the plaintiff claims to have undergone as a result of the negligence claimed. List dates of treatment, treatment rendered and names of providers. -9-(81-134ecf)

6 PLEASE TAKE FURTHER NOTICE that in the event of your failure to furnish a bill of particulars (and documents, if any) within the same period of thirty (30) days, a motion will be made for an Order precluding you from giving any evidence at the time of trial as to the items for which particulars and documents have not been delivered in accordance with this demand. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -10-(81-134ecf)

7 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, NOTICE FOR DISCOVERY AND INSPECTION OF -against- COLLATERAL SOURCES HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, X C O U N S E L O R S : Defendants. PLEASE TAKE NOTICE, that pursuant to the Rules 3120, and 4545(c) of the CPLR, answering defendant hereby demands that plaintiff produce all documents in the plaintiff's possession with respect to reimbursement which the plaintiff has received from collateral sources for the cost of medical care, custodial care, rehabilitation services, lost earnings and other economic loss which the plaintiff will claim as special damages in this action. The instant demand includes bills and invoices for the services rendered and canceled checks or receipts with respect to its payment, health and disability insurance forms, and Medicare and Medicaid forms. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDD1N -11-(81-134ecf)

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E -against- Plaintiff, NOTICE TO PRODUCE HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. â C O U N S E L O R S : PLEASE TAKE NOTICE, that pursuant to the case of Zayas v. Morales, 1974, 45 A.D.2d 610, 360 N.Y.S.2d 279, you are required to produce the names and addresses of all eyewitnesses and notice witnesses to the occurrence giving rise to the above-captioned action. Pursuant to the case of Walken v. Howell, 1973, 41 A.D.2d 545, 339 N.Y.S.2d 272, you are required to produce all photographs in control of plaintiff or of representatives of plaintiff showing the condition of plaintiff, the scene to be alleged to represent the scene of the accident or of any of the vehicles involved in the alleged incident. Pursuant to CPLR 3101(g) you are required to produce any written report of accident report of the alleged incident prepared in the regular course of business. Said items will be furnished to the attorneys for these answering defendants by the 6th day of March, 2017, at 10:00 in the forenoon of that day. -12-(81-134ecfj

9 MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDD1N, and SHAHEEN AHSANUDDIN -13-(81-134ecf)

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, NOTICE PURSUANT TO -against- CPLR 2103(e) HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. C O U N 8 E L O R S : PLEASE TAKE NOTICE, that MALAPERO & PRISCO, LLP attorneys for answering defendants, demand(s) that you serve upon them at the address set forth below, the names and addresses of all parities appearing herein, together with the names and address of its attorneys, in sufficient detail to permit service of papers pursuant to Rule 2103 of the Civil Practice Law and Rules. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -14-(81-134ecf)

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, NOTICE FOR -against- DISCOVERY OF HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDD1N, STATEMENT OF PARTY Defendants X C O U N S E L O R S f PLEASE TAKE NOTICE, that these answering defendants demand(s) that you produce, pursuant to CPLR 3101(e) and 3120, and permit us to discover, inspect, copy and photograph any statement of this action, actually or allegedly made by or taken from any defendants we represent in this action or from any agent, servant or employee of any such defendants and any statements referred to in that statement, at: TIME: 10:00 a.m. DATE: March 6th, 2017 PLACE: Law Offices of MALAPERO & PRISCO, LLP MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -15-(81-134ecf)

12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, NOTICE TO TAKE -against- DEPOSITION UPON ORAL EXAMINATION HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules the testimony, upon oral examinations of MARIA L. GONZALEZ, as adverse parties will be taken before a notary public who is not an attorney, or employee of an attorney, for any party or perspective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the Offices of MALAPERO & PRISCO, LLP,, on the 6th day of April, 2017, at 10:00 in the forenoon of that day with respect to evidence material and necessary in the defense of this action: All of the relevant facts and circumstances in connection with the accident, including negligence, contributory negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: Any and all reports, photographs, receipts, invoices, etc. relative to the above captioned cause of action. -16-(81-134ecf)

13 MALAPERO 2 PRISCO, LLP, Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -17-(81-134ecf) fj

14 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E -against- Plaintiff, NOTICE FOR DISCOVERY AND INSPECTION OF LOSS OF INCOME DATA HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR 3120 the plaintiff is hereby required to produce for discovery, inspection and photocopying, at the offices of the undersigned, law Offices of MALAPERO & PRISCO, LLP,, New York, New York 10016, on the 6th day of March, 2017, at 10:00 in the forenoon of that day, the following documents: (1) Income Tax Records - (a) Claim of lost earnings is being made, you are required to produce full, true, legible and complete copies of all Federal income tax returns for the period of time in which the alleged incident occurred and for the five (5) years prior to the alleged occurrence. If such records are not in plaintiff's possession, you are required to produce current written authorization, duly executed and verified, permitting the undersigned to obtain such documents. (2) Employment Records - If the injured plaintiff or plaintiff's decedent, was employed on the date of the alleged occurrence, and an allegation of lost earnings or loss of earnings or loss of future earnings is being made, you are required to supply to the undersigned duly executed authorizations permitting the undersigned to obtain from all employers during the last five (5) years prior to the alleged occurrence full, true, legible and complete copies of all employment records. Such authorizations must set forth full business names and complete office addresses of all such employer. If plaintiff, or plaintiff's decedent, is a member of a union, hired out of a hiring hall, and the names and addresses of all employers for -1 8-(81-134ecf)

15 plaintiff" the past five (5) years are not in plaintiff's possession, such authorization shall be directed to the union setting forth the name of the union, local, address, and shall permit the inspection of all union records with respect to. the injured plaintiff, or plaintiff's decedent. If plaintiff has returned to employment since the date of the alleged occurrence, such authorization as set forth above is also required for the first post occurrence employer. PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid, the undersigned will object, at the trial of this action, to the offering of any evidence of loss of earnings of the plaintiff or any other material contained in the such documents. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -19-(81-134ecfl

16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, NOTICE FOR DISCOVERY -against- AND INSPECTION OF EXPERT HAFEEZA REALTY. LLC., MOHAMMED AHSANUDDIN, INFORMATION and SHAHEEN AHSANUDDIN, WITNESS Defendants. C O U N S E L O R S: PLEASE TAKE NOTICE, that pursuant to CPLR Rule 3101(d) that on behalf of the defendants we represent, we hereby demand a part of this Notice for Discovery and Inspection the following from the attorneys representing the various parties herein if said parties intend to call and/or use an expert the following: 1. The name(s) and address(es) of each witness. 2. The field(s) in which each witness is to be offered as an expert. 3. A summary of the witness' qualifications within the field(s) in which he or she is expected to testify. 4. The substance of the facts to which each witness is expected to testify. 5. The substance of the opinions to which each witness is expected to testify and a summary of the grounds for such opinions. 6. The dates of all written reports prepared by each expert. -20-(81-134ecfl

17 MALAPERO 2 PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -21-(81-134ecf)

18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E -against- Plaintiff, DEMAND FOR INSURANCE INFORMATION HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE, that pursuant to CPLR 3101(f), you are hereby required to furnish to the undersigned, within twenty (20) days, copies of the following: 1. With respect to any and all insurance in effect at the time of the occurrence complained of under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment: (a) All primary insurance agreements and policies of liability insurance; and (b) All excess and umbrella insurance agreements and policies of liability insurance. PLEASE TAKE FURTHER NOTICE that any insurance document and policy produced in response to the above demand shall be the complete document and policy, including but not limited to declaration sheets, riders, limitations, endorsements, amendments, cancellations, face sheets and/or binders, etc. -22-(81-134ecf)

19 YOU ARE FURTHER REQUIRED to state the number of claims brought against the co-defendants, during the applicable policy period, the amount sought in each such claim, and the amount already paid, if any; Brandes v North Shore University Hospital, 1 A.D.3d 549, 767 N.Y.S.2d 667 (2d Dept. 2003). PLEASE TAKE FURTHER NOTICE that if it is claimed that no liability insurance of any kind, type or description was in effect at the time of the occurrence complained of, then demand is hereby made that the above-named party set forth, by affidavit, said claim. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -23-(81-134ecf)

20 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, DEFENDANT' DEFENDANT'S -against- DEMAND FOR AD DAMNUM HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, INFORMATION and SHAHEEN AHSANUDDIN, X C O U N S E L O R S : Defendants. PLEASE TAKE NOTICE, that the plaintiff has failed to set forth an ad damnum, specifying the damages plaintiff is seeking. Defendant demands that plaintiff provide the ad damnum sought for each cause of action within thirty (30) days from the date of service of this Demand. MALAPERO & PRISCO, LLP Attorneys for Defendant HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -24-(81-134ecf)

21 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, DEMAND FOR COPIES -against- OF PLAINTIFF'S MEDICAL REPORTS HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, AND AUTHORIZATIONS and SHAHEEN AHSANUDDIN, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE, that pursuant to the applicable Rules, you are required to serve, within twenty (20) days after receipt of this notice, the following: (a) The names and addresses of all physicians or other health care providers of every description who have consulted, examined or treated the injured plaintiff for each of the conditions allegedly caused, aggravated or exacerbated by the occurrence described in the complaint, including the dates of such treatment or examination. (b) Duly executed and acknowledged written HIPAA compliant authorizations directed to any hospital, clinic or other health care facility in which the injured plaintiff is or was treated or confined due to the occurrence set forth in the complaint so as to permit the securing of a copy technicians'.of the entire hospital record or records, including x-rays and reports, and actual x-ray, CT scan, MRI and other diagnostic test films. (c) Duly executed and acknowledged written HIPAA compliant authorizations to allow the undersigned to obtain the complete office medical records and actual x-ray, CT scan, MRI and other diagnostic test films relating to the injured plaintiff of each health care provider identified in "(a)" above. (d) Copies of all medical reports received from health care providers "(a)" identified in above. These shall include a detailed recital of the injuries and conditions as to which testimony will be offered at the trial of technicians' this action, referring to and identifying those x-rays and reports which will be offered at the trial of this action. -25-(81-134ecf)

22 (e) Duly executed and acknowledged written HIPAA compliant authorizations to allow the undersigned to obtain complete pharmacy or drug store records with respect to any drugs prescribed for the injured plaintiff from one (1) year prior to the occurrence described in the complaint to the present date. PLEASE TAKE FURTHER NOTICE that upon your failure to comply herewith, the parties herein will be precluded, at the trial of this action, from offering any evidence or testimony relating to the above demanded reports and records pertaining to the injured plaintiff. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -26-(81-134ecf)

23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX â â â â â â â â â â â MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, SOCIAL SECURITY -against- DISABILITY AUTHORIZATION HAFEEZA REALTY LLC., MOHAMMED AHSANUDD1N, and SHAHEEN AHSANUDD1N, Defendants. C O U N S E L O R S : PLEASE TAKE NOTICE that pursuant to the applicable Rules, you are required to serve, within twenty (20) days after receipt of this notice, the following: (a) A duly executed and acknowledged Social Security Administration Form 3288, Consent for Release of Information to allow the defendants to obtain the Social Security Disability records relating to the plaintiff from date of birth to the present. PLEASE TAKE FURTHER NOTICE that upon your failure to comply herewith, the parties herein will be precluded at the trial of this action from offering any evidence or testimony relating to the above-demanded records pertaining to the plaintiff. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -27-(81-134ecf)

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX X MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, DEMAND FOR -against- WITNESS DISCLOSURE HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDD1N, Defendants. C O U N S E L O R S t â â â â â â â PLEASE TAKE NOTICE that the undersigned hereby demands that you set forth in writing, under oath, and serve upon us within twenty (20) days of this date, the following: 1. The names and addresses of each person known or claimed by you or any party you represent in this action, to be a witness to: (a) The occurrence alleged in the complaint in this action; or (b) Any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; or (c) Any actual notice allegedly given to the defendants of any condition which allegedly caused the occurrence alleged in the complaint; or (d) The nature and duration of any alleged condition which allegedly caused the occurrence alleged in the complaint. PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the trial of this action to preclude the testimony of any witness to the above described facts and circumstances who is not identified by you in response to this notice. -28-(81-134ecf)

25 MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -29-(81-134ecf)

26 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, NOTICE DECLINING -against- SERVICE VIA FACSIMILE HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SEAHEEN AHSANUDDIN, Defendants. C OUN S E L O R S: PLEASE TAKE NOTICE, that HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN through its attorneys, MALAPERO & PRISCO, LLP, hereby decline service via facsimile and or electrical means pursuant to CPLR 2103(b)5. PLEASE TAKE FURTHER NOTICE that the responding defendant, HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN reserves the right to supplement and/or amend the same response up to and including the time of trial n this matter. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -30-(81-134ecfj

27 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX â â â â â â â MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, DEMAND PURSUANT TO -against- SECTION 111 OF THE MEDICAID, MEDICARE HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, AND SCHIP EXTENSION and SHAHEEN AHSANUDDIN, ACT 2007 Defendants X X C O U N S E L O R S: PLEASE TAKE NOTICE that the defendants, HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, by their attorneys, MALAPERO & PRISCO LLP, hereby demand that, pursuant to Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, the plaintiff produce for discovery and inspection the following documents and information within twenty (20) days of receipt of this demand at the offices of the undersigned attorneys: 1. A statement as to whether the plaintiff has received or applied for benefits from Medicare or Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action and if so, plaintiff is to state and provide the following: a. Plaintiff's name as it appears on plaintiff's social security card or Medicare/Medicaid Benefit Card; b. Other names by which plaintiff is known (i.e. nicknames used in place of legal names); c. Plaintiff's gender; d. Plaintiff's date of birth; e. Plaintiff's Social Security number; f. Plaintiff's residence telephone number; g. Plaintiff's last known address; -31-(81-134ecf)

28 h. Plaintiff's Medicare/Medicaid Health Insurance Claim Number ("HICN"); i. Date of plaintiff's eligibility for Medicare/Medicaid benefits; j. Amounts of Medicare/Medicaid payments for health care services that are related to plaintiff's injuries; k. Amount of Medicare/Medicaid lien for paid benefits; 1. Contact information for Medicare/Medicaid office and/or individual that has contacted plaintiff or plaintiff's attorney regarding receipt of Medicare/ Medicaid benefits and this lawsuit; m. Date such Medicare/Medicaid office or individual contacted the plaintiff or plaintiffs attorney regarding receipt of Medicare benefits and this lawsuit; n. Address of the Medicare and/or Medicaid office handling the plaintiff's claims; 0. True and accurate copies of all documents, records, memoranda, notes, in plaintiff's possession pertaining to plaintiffs receipt of Medicare and/or Medicaid benefits; p. A duly executed and acknowledged, HIPAA compliant authorization permitting the undersigned attorneys to obtain a copy of plaintiff's records from Medicare/ Medicaid. 2. A statement as to whether the plaintiff has received or has applied for Social Security Disability benefits, or appealed or anticipates an appeal of a denial of benefits from Social Security Disability at any time, for any reason, not limited to the injuries alleged in the instant action. If so, plaintiff is to provide the following: a. Social Security File Number and/or Case Number; b. Address of the Social Security office handling the plaintiff's claim; c. True and accurate copies of all documents, records, memoranda, notes, in plaintiff's possession pertaining to plaintiff's receipt of Social Security benefits; d. A duly executed Social Security Administration Consent for Release of Information Form 3288 authorization permitting the undersigned attorneys to obtain a copy of plaintiff's records; e. Date of application for Social Security Disability benefits; -32-(81-134ecf)

29 f. Date Social Security Disability benefits awarded; g. The period for which Social Security Disability benefits were paid (e.g. 1/1/10 to present); h. Date of injury or diagnosis of injury of condition for which Social Security Disability benefits were awarded; i. If application for Social Security Disability was denied, plaintiff is to provide the following: Date of denial Reason for denial as provided by the Social Security Administration (SSA); Date of appeal of denial; Date of reversal or affirmation of SSA decision. 3. A statement as to whether the plaintiff suffers from any of the following diseases or conditions, with pertinent information: a. Any form of kidney disease (e.g. permanent kidney failure); Date diagnosed; Description of treatment; Medical prognosis given; Date of application for Medicare benefits for this disease. b. Amyotrophic Lateral Sclerosis a/k/a "Lou Gehrig's disease" or "ALS"; Date diagnosed; 4. If this action involves a decedent and Medicare/Medicaid paid benefits for treatment of the decedent's alleged injuries, state and provide the following: a. Date of death; b. Amount of benefits paid; c. Copies of medical bills submitted to Medicare/Medicaid for payment. -33-(81-134ecf)

30 PLEASE TAKE FURTHER NOTICE, that the foregoing demand is a continuing demand and in the event that the materials become available after the designated date, they should be forwarded within thirty (30) days of receipt. In the event that said material is not produced, the undersigned will apply to the Court for appropriate relief. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -34-(81-134ecf)

31 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX MARIA L. GONZALEZ, Index No.: 21159/2016E Plaintiff, DEMAND FOR SOCIAL -against- NETWORKING INFORMATION HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, Defendants. X PLEASE TAKE NOTICE, that the defendants, HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, by and through their attorneys, MALAPERO 2 PRISCO LLP, demand that the plaintiff, MARIA L. GONZALEZ, produce the following items at the below listed address for further discovery and inspection, pursuant to CPLR Article 3101, within thirty (30) days hereof: 1. Duly executed written and acknowledged authorization permitting the defendant to have access to and copies of plaintiff's current and historical records or information from any social networking sites to which the plaintiff is currently a member or has been a member with the three (3) years preceding the subject accident. See Roman v. Steelcase, Inc., 30 Misc. 3d 426, 907 N.Y.S. 2d 650 (Sup. Ct. Suffolk Cty 2010). 2. The address used by plaintiff to register for any of the social networking sites sets forth above. ID" 3. The "user maintained by networking sites set forth above. plaintiff in connection with any of the social 4. The full URL of any profile maintained by plaintiff on any social networking site. 5. The account ID for any social networking site. instant messaging accounts used by plaintiff on any PLEASE TAKE FURTHER NOTICE, that this demand is continuing in nature up to and through the time of trial and that the defendants, "HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN, will object at trial to the -35-(81-134ecf)

32 introduction of any testimony or evidence by any person or persons or any information/documentation not provided as requested herein. MALAPERO & PRISCO, LLP Attorneys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -36-(81-134ecf)

33 STATEMENT PURSUANT TO 22 N.Y.C.R.R (a): The following documents, appended hereto, and listed below, is, to the best of the signer's knowledge, information, and belief, after inquiry, certified as not frivolous. If this particular document is not the original, an original has been executed to comply with the requirements. X Answer/Reply X Demand for Bill of Particulars X Notice for Discovery and inspection of Collateral Sources X Demand for Copies of Plaintiff's Medical Reports and Authorizations X Notice to Produce X Notice Pursuant to CPLR 2103(e) X Notice for Discovery of Statement of Party X Notice to Take Deposition Upon Oral Examination X Notice for Discovery and Inspection of Loss of Income Data X Notice for Discovery and Inspection of Expert Witness Information X Demand for Insurance Information X Demand for Ad Damnum Information X Social Security Disability Authorization X Demand for Witness Disclosure X Demand For Social Networking Information X Demand Pursuant To Section 111 of the Medicaid, Medicare and SCHIP extension act 2007 Statement under CPLR 3402b) Response to Preliminary Conference Order Demand for Trial De Novo Other By: J S PH J. PRISCO MA ERO & PRISCO, LLP Atto eys for Defendants HAFEEZA REALTY LLC., MOHAMMED AHSANUDDIN, and SHAHEEN AHSANUDDIN -37-(81-134ecf)