FILED: NEW YORK COUNTY CLERK 06/06/ :05 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/06/ PDF Free Download

FILED: NEW YORK COUNTY CLERK 06/06/2016 03:05 PM INDEX NO. 805037/2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/06/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, DEMAND FOR DEPOSITIONS MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Index No. 805037/16 Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that we will take the deposition of the following persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: PLAINTIFFS: Jerry J. Morant and Gabrielle Menne DATE: Monday, September 7, 2016 TIME: 10:00 A.M. CODEFENDANT: Ocean Orthopedic Neurosurgery DATE: Tuesday, September 8, 2016 TIME: 10:00 A.M. PLACE: Aaronson Rappaport Feinstein & Deutsch, LLP 600 Third Avenue New York, New York 10016 PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. Dated: New York, New York June 6, 2016 AARON N PPAP 1 RT FEINSTEIN & DEUIIsc LLP By: Samue. Shap. Attorneys fi I efend MOUNT SIN ETH Is T L and DR. VLADIM B. SHUR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 (01824112.DOC } 1 of 30

TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3`d Floor Brooklyn, New York 11230 (718) 943-0008 {01824112.DOC } 2 of 30

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Defendants. DEMAND FOR EXPERT WITNESS INFORMATION Index No. 805037/16 SIR/MADAM: PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR 3101(d)(1) to disclose the following information: 1. Disclose each person plaintiff(s) expect(s) to call as an expert witness at trial. 2. Disclose in reasonable detail the qualifications of each expert witness. Include the following: a) Where did the expert attend medical school and when did he or she graduate? b) Did the expert attend internship, residency and/or fellowship programs: If so, where and when? c) Does the expert specialize in any areas of medicine? d) Is the expert Board Certified in any areas of medicine? e) Is the expert licensed to practice medicine in the United States? If so, where and when was he or she licensed? f) What are the expert's hospital affiliations, if any? 3. With respect to each and every act or omission which you will claim as the basis of the alleged malpractice of the defendant(s) herein, disclose in detail the substance of the facts and opinions upon which each expert is expected to testify and a summary of the grounds for each expert's opinion, to include reference to the following: a) The condition or conditions which it is claimed the defendant(s) undertook to treat and upon which plaintiff' s(s') complaint(s) is/are based; b) A statement of the accepted medical practices, customs and medical standards which it is claimed were violated by the defendant(s) herein in each of the acts or omissions claimed to be the basis of the liability against it (them); c) The manner in which the defendant(s) herein departed from the above accepted medical practices, customs and standards; {01824169.DOC } 3 of 30

-- - --- - F. d) If the plaintiff(s) claim(s) that the defendant(s) ignored or improperly interpreted complaints, signs, symptoms or conditions; made an erroneous diagnosis; failed to make a proper diagnosis; improperly treated the plaintiff(s); failed to take proper tests; improperly took or administered tests; failed to perform a proper physical examination; set forth: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) The complaints, signs, symptoms or conditions that the defendant(s) failed to interpret properly; The proper interpretation, which plaintiff(s) claims should have been reached or made; In what respect the diagnosis was erroneous and incorrect; The claimed proper diagnosis; The improper treatment which it is alleged was rendered; The treatment which it is claimed by plaintiff(s) should have been rendered; The name and/or description of each and every test defendant(s) failed to take or administer; The name of each and every test the defendant(s) improperly took or had administered or taken; The manner in which it is claimed such test(s) should have been administered or taken; A description of the physical examination performed; The manner in which it is claimed such physical examination should have been performed. e) If it is alleged that the defendant(s) herein improperly performed a surgical procedure or that it was contraindicated and/or unnecessary, set forth: (i) (ii) (iii) (iv) (v) The name of each surgical procedure and the date it was performed; The surgical procedure which it is claimed was contraindicated, and/or unnecessary; In which manner the aforesaid surgical procedure was contraindicated; In what manner the aforesaid surgical procedure was improperly performed; In what manner the aforesaid surgical procedure should have been performed. f) If any of the claims of medical malpractice relate to the prescribing of a drug or medication, state: (i) (ii) (iii) (iv) The name of each drug or medication prescribed; The dates(s) of each prescription; The drugstore(s) where each prescription filled; The number of times each prescription was filled; {01824169.DOC } 4 of 30

g) (v) The pharmacy number of each prescription. If the plaintiff claims that the defendant(s) herein administered improper, inappropriate and/or contraindicated drugs, administered proper drugs in incorrect dosages, set forth: (i) (ii) (iii) The generic and trade name of each and every improper and/or contraindicated drug which was administered or prescribed; The name of each proper drug allegedly administered incorrectly or in incorrect dosages; The manner in which it is claimed each such drug should have been administered and/or the correct dosage thereof, or the proper, appropriate and/or indicated drug. PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within sixty (60) days from the last timely service of an answer herein, pursuant to 22 NYCRR 202.56(a)(1)(vi), will result in a motion for an order precluding the introduction, at the time of trial, of any testimony concerning alleged departures from medical standards of care, proximately caused injuries, or economic damages. Dated: New York, New York June 6, 2016 AARONSON RAPPAPORT FEINSTEIN By: Samue Attorneys for MOUNT SINAI DR. VLADIMIR SHU 600 Third Aven e New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 {01824169.DOC } 5 of 30

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Defendants. DEMAND TO PRODUCE WITNESSES Index No. 805037/16 SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to CPLR 3101, all counsel are required to produce any and all names and addresses of persons: 1. Claimed to have witnesses the acts of omission or commission alleged in the complaint; 2. Claimed to have firsthand knowledge of the acts of omission or commission alleged in the complaint; 3. Claimed to be witnesses to any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; 4. Claimed to be witnesses to any communications involving the defendant which plaintiffs may seek to introduce at trial; At the offices of the undersigned attorneys within twenty (20) days from the date hereof. PLEASE TAKE FURTHER NOTICE, that this is to be deemed a continuing demand, and all responsive information that subsequently is made known or becomes available to plaintiffs shall be furnished to the undersigned in a timely fashion. PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid information within twenty (20) days after receipt of this Notice, will leave you subject to the provisions of the CPLR. {01824197.DOC 7 of 30

t. --- Dated: New York, New York June 6, 2016 AARONSON RAPPAPORT FEINSTEIN & DEU LP By: Samuel hapir Attorneys fo I efenda MOUNT SIN ETH I Land DR. VLADIM B. SHUR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824197.DOC } 8 of 30

f SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Defendants. DEMAND FOR COLLATERAL SOURCE INFORMATION Index No. 805037/16 SIR/MADAM: PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR 4545 to produce and permit the undersigned attorneys to inspect and copy the contents of: DEMAND FOR COLLATERAL SOURCE INFORMATION (GENERAL) 1. State whether the plaintiff has been reimbursed or indemnified for economic loss claimed in this action by any collateral source. If so, state: (i) (ii) (iii) (iv) (v) (vi) for which claims the plaintiff has received payment; the amounts thereof; the name and address of each person, firm or organization that made such payment. if such payment was made by an insurance company, state number or policy under which it was paid; name of the insured; and for any and all such losses which have been submitted for reimbursement, but not yet to be paid, please enumerate (a) for which losses the plaintiff has made claim; (b) the date each claim was presented; (c) the amount of each claim; (d) the name and address to whom each such claim was present and the policy number thereof, if applicable; and (e) the name of the insured/policyholder for each such claim. {01824184.DOC } 9 of 30

DEMAND FOR MEDICAID/MEDICARE INFORMATION 1. State whether the plaintiff has been reimbursed or indemnified by Medicaid for economic loss claimed in this action. If so, state: (i) (ii) (iii) (iv) (v) for which claims the plaintiff has received payment; the amounts thereof; the policy number, account number, identification number, etc. under which said reimbursement was paid; names of the insured; and for any and all such losses which have been submitted for reimbursement, but not yet to be paid, please enumerate (a) for which losses the plaintiff has made claim; (b) the date each claim was presented; (c) the amount of each claim; (d) the name and address to whom each such claim was present and the policy number thereof, if applicable; and (e) the name of the beneficiaries for each such claim. DEMAND FOR SOCIAL SECURITY INFORMATION 1. State whether the plaintiff has been reimbursed or indemnified by Social Security Disability and/or SSI for economic loss claimed in this action. If so, state: (i) (ii) (iii) (iv) (v) for which claims the plaintiff has received payment; the amounts thereof the policy number, account number, identification number, etc. under which said reimbursement was paid; names of the beneficiaries; and for any and all such losses which have been submitted for reimbursement, but not yet to be paid, please enumerate (a) for which losses the plaintiff has made claim; (b) the date each claim was presented; (c) the amount of each claim; (d) the name and address to whom each such claim was present and the policy number thereof, if applicable; and (e) the name of the beneficiaries for each such claim. DEMAND FOR BLUE CROSS/BLUE SHIELD INFORMATION 1. Please provide a duly executed authorization permitting us to obtain a full and complete copy of any and all collateral/insurance reports in your possession referable to the plaintiff. Please include payments made on behalf of patient/plaintiff, including medical providers, and copies of any medical records you may have. {01824184.DOC } 10 of 30

PLEASE TAKE FURTHER NOTICE, that you are hereby required to furnish to the undersigned, all documents, bills, invoices, receipts or canceled checks concerning indemnification, payment and reimbursement, in whole or in part, which the plaintiff has received from, or forwarded to, all collateral sources, including but not limited to Medicare, Medicaid, Social Security Disability, SSI, including but not limited to said documents related to claims for the cost of medical, custodial and rehabilitation service, loss of earnings and other economic loss which the plaintiff will claim as special damages in this action. PLEASE TAKE FURTHER NOTICE, this is a continuing demand with respect to any and all payments, reimbursements or indemnifications made to or claimed by, the plaintiff. PLEASE TAKE FURTHER NOTICE, that the plaintiff are required to furnish such statements and documents within thirty (30) days from the date of this notice. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the above demands, the undersigned will request appropriate sanctions from the Court, including the preclusion of the introduction of special damages at the time of trial. PLEASE TAKE FURTHER NOTICE, that failure to produce said collateral sources of payment at the offices of the undersigned within twenty (20) days from the date herein, will result in a motion for appropriate relief. Dated: New York, New York June 6, 2016 AARONSON RAPPAPORT FEINSTEIN By: Samuel Attorneys for enda MOUNT SIN TH IS L and DR. VLADIM. SHUR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 {01824184.DOC 11 of 30

TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs' 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824184.DOC } 12 of 30

I -"= - ----- 1 TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs' 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824220.DOC 14 of 30

1 - TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824286.DOC } 16 of 30

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, DEMAND FOR AUTHORIZATIONS MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Index No. 805037/16 Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned duly executed HIPAA Compliant authorizations for the release of all records and films pertaining to the care and treatment rendered to plaintiff JERRY J. MORANT, from any and all hospitals and doctors for the past 10 years. Further, please provide authorizations for the below provider. Said authorizations should include the full name and address of the institution(s) and/or physician(s) and the dates of confinement. 1. Ocean Orthopedic Neurosurgery. PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will serve as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof relative to medical damages, if such authorizations and/or records are not forthcoming within twenty (20) days after service Dated: New York, New York June 6, 2016 AARONSON &D PPAPORT FEINSTEIN LP By: Samue Attorneys fo MOUNT SIN L and DR. VLADIMIR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 {01824478.DOC } 17 of 30

- -. TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824478.DOC } 18 of 30

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Defendants. DEMAND FOR PHYSICAL EXAMINATION Index No. 805037/16 SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to CPLR 3121, the defendants MOUNT SINAI BETH ISRAEL and VLADIMIR B. SHUR, M.D. herein provides notice that a physical examination of the plaintiff JERRY J. MORANT, will be conducted by a doctor of the defendants choosing at a time and place to be designated. Dated: New York, New York June 6, 2016 AARONSON RAPPAPORT FEINSTEIN By: S muel J Attorneys for MOUNT SINAI and DR. VLADIMIR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 (01824691.DOC } 19 of 30

-11 TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824691.DOC } 20 of 30

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Defendants. DEMAND FOR DISCOVERY AND INSPECTION Index No. 805037/16 SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to CPLR 3120(a), MOUNT SINAI BETH ISRAEL and VLADIMIR B. SHUR, M.D. hereby demands that the following items be produced for discovery, inspection and photocopying: 1. Any and all films, and/or studies and reports thereon, presently in possession of plaintiff, plaintiffs attorneys, agents and/or representatives regarding the plaintiff, including dates of said studies, films, the types of films and sources of film. These films and/or studies shall include x-rays, CT scans, MRIs, sonograms, EKGs, echocardiograms, stress tests, Hotter monitoring and studies and/or other films relative to the decedent up to and including the present time. Said demand is a continuing demand up until time of trial. 2. Copies of any and all records and/or reports of the defendants in the possession of the plaintiff and/or plaintiff s attorneys and/or representatives. 3. Copies of any and all correspondence to or from the defendants (to or from any other person or entity), in the possession of the plaintiff and/or plaintiffs' attorneys, agents and/or representatives. 4. Copies of any cancelled checks, receipts and/or bills documenting any claimed damages. 5. Copies of the subject clinic/healthcare records furnished to the plaintiff, or any of plaintiff's representatives. 6. Copies of any journals, calendars and/or diaries maintained by the plaintiff relative to the claims of this case. (01824916.DOC } 21 of 30

7. Any diagnostic films or test results regarding the plaintiff in plaintiffs possession or plaintiffs attorneys' possession. PLEASE TAKE FURTHER NOTICE, that your failure to produce the aforesaid items will be used as the basis for a motion. PLEASE TAKE FURTHER NOTICE, that with respect to CPLR 3103(b) attention is directed to CPLR 3122. Dated: New York, New York June 6, 2016 AARONSON RAPPAPORT FEINSTEIN & DE SC,LLP By: amu J. Sh iro Attorneys f Defe 'ants MOUNT SIN BET ISRAEL and DR. VLADIMIR B. SHUR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01824916.DOC } 22 of 30

TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 {01825146.DOC } 24 of 30

- I I 1-- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, DEMAND FOR STATEMENTS MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Index No. 805037/16 Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to 3101(e) of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorneys within twenty (20) days from the date herein, any statements made by defendants MOUNT SINAI BETH ISRAEL and VLADIMIR B. SHUR M.D. and/or the statements of any of defendants' employees and/or the statements of defendants' former employees relating to the issues in this matter. PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid items, a motion will be made to the Court for the appropriate relief with costs. Dated: New York, New York June 6, 2016 AARONSON PPAPORT FEINSTEIN & DE S LLP A By: Salm, f Shapiro Attorneys ft I efenda MOUNT SIN.r, BETH IS DR. VLADIMIR B. SHU 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 L and {01825335.DOC } 25 of 30

I I= TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs' 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3`d Floor Brooklyn, New York 11230 (718) 943-0008 (01825335.DOC ) 26 of 30

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JERRY J. MORANT and GABRIELLE MENNE, - against - Plaintiffs, MOUNT SINAI BETH ISRAEL, VLADIMIR B. SHUR M.D. and OCEAN ORTHOPEDIC NEUROSURGERY, Defendants. DEMAND FOR DISCLOSURE OF MEDICARE/MEDICAID BENEFITS ELIGIBILITY Index No. 805037/16 SIR/MADAM: PLEASE TAKE NOTICE that demand is hereby made that plaintiff(s) provide the following information pursuant to CPLR 3120(a) and 42 U.S.C. Section 1395y(b)(8)(A): 1. The plaintiffs' date of birth; 2. The plaintiffs' Social Security No.; 3. The plaintiffs Medicare Health Insurance Claim Numbers (HICNs), Medicaid file number, New York State Department of Social Services (DSS) file number, and/or Medicare Secondary Payor (MSP) file number, if applicable; 4. If the plaintiff has applied for or been awarded Medicare and/or Medicaid and/or DSS and/or MSP benefits, all information/documentation related to the application applied and/or award of said benefits; include the full name under which plaintiff applied for these benefits; 5. If the plaintiff has applied for or been awarded Supplemental Security Income (SSI), or Social Security Disability Insurance (SSDI), all information/documentation related to the application and/or award of said benefits; include the full name under which plaintiff applied for these benefits; 6. If the plaintiff had been denied Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation concerning any such denial; 7. If the plaintiff appealed or intends to appeal the denial of Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation of any such appeal or intends to appeal of the denial of such benefits; and {01825455.DOC 28 of 30

8. State whether Medicare, Medicaid and/or the Social Security Administration has a lien on any potential award, judgment or settlement in this lawsuit and, if so, state the amount of such lien(s) and provide all information /documentation relative to these liens. Pursuant to CPLR 3101(a), provide duly executed and acknowledged written authorizations permitting defendants' attorneys and defendants' representatives to obtain and make copies of all Medicaid records, specifying the correct address of said Medicaid office, along with the plaintiff's Social Security Number and the file number. Said defendants further demands that a signed original of the attached Authorization for Release of Medicaid Protected Information, and/or any other specific authorization required by Medicaid be executed and provided for use in conjunction with this demand as it pertains to health information. If plaintiff received or applied for Social Security benefits, including but not limited to SSI or S SDI benefits, provide a duly executed and acknowledged written authorization setting forth the correct Social Security file number, allowing the defendants' attorneys and defendants' representatives to obtain and make copies of all files, records, and reports of the Social Security Administration regarding the plaintiff. Said defendants' further demands that a signed original of the attached Social Security Administration Consent for Release of Information and/or any other specific authorization required by the Social Security Administration be executed and provided for use in conjunction with this demand as it pertains to health information. PLEASE TAKE FURTHER NOTICE, that the provisions of CPLR 3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or examination or withholds any documents which appear to be within the category of the documents required by the notice, compliance with CPLR 3122 is required. PLEASE TAKE FURTHER NOTICE, that in the event of failure or refusal to comply with any of these demands, said defendant will apply to the Court for the appropriate relief including, but not limited to, an Order compelling compliance pursuant to CPLR 3124 and/or appropriate relief pursuant to CPLR 3126 and 22 N.Y.C.R.R. Part 130. PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to continue during the pendency of this action through and including the trial thereof and plaintiffs responses must be amended or supplemented properly in compliance with CPLR 3101(h). {01825455.DOC } 29 of 30

I IL 17 Dated: New York, New York June 6, 2016 AARONSON RAPPAPORT FEINSTEIN & DEU SCH LP By: a e. Shapir Attorneys f Defendj is MOUNT S AI BETH SRAEL and DR. VLADIMIR B. SHUR 600 Third Avenue New York, New York 10016 (212) 593-6700 ARFD File No.: 18-642 TO: SEAN E. STANTON, ESQ. Attorneys for Plaintiffs 1799 Lexington Avenue New York, New York 10029 (212) 987-9058 OCEAN ORTHOPEDIC NEUROSURGERY 1408 Ocean Avenue 3rd Floor Brooklyn, New York 11230 (718) 943-0008 (01825455.DOC ) 30 of 30

FILED: NEW YORK COUNTY CLERK 06/06/ :05 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/06/2016