SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------- ---------------------------------------------------X GARY GIORDANO, Index No.: 158165/2016 Plaintiff, -against- A.W. & S. CONSTRUCTION CO., INC., PLAZA TOWER, LLC and TOWER PLAZA ASSOCIATES, LP, FIRST DISCOVERY EXCHANGE/PRELIMINARY CONFERENCE COMPLIANCE.. Defendants. ----------- ----------- ------------------X Plaintiff, by his attorneys, FELDMAN, KRONFELD & BEATTY, responding to the. demands of the defendant and in compliance with the Preliminary Conference Order subnlits the following: RESPONSE TO DEMAND FOR AMOUNT OF DAMAGES The plaintiff demands amounts for past pain and suffering and past special damages in the amount of $3,000,000.00 and future pain and suffering and special damages yet to be icurred in the amount of $5,000,000.00. RESPONSE TO DEMAND FOR MEDICAL AND HOSPITAL INFOR1 ATION AND AUTHORIZATIONS The names and address of physicians and other health care providers who have examined or treated the plaintiff and/or health care facilities at which the plaintiff received care with regard to the subject occurrence. Records exchanged herewith are listed and executed HIPAA authorizations directed to each are annexed: Bellevue Hospital Center 1st Avenue and 27th Street New York, New York 10016 --emergency department records (43 pages) Huntington Hospital 270 Park Avenue Huntington, NY, 11743 --September 16, 2016 admission and operative report/surgical records and related treatment records (130 pages) Huntington Hospital 270 Park Avenue - 1 -
Huntington, NY, 11743 --November 1, 2016 admission records (239 pages) Dr. Andrew Leo 66 Hamed Road Commack, New York 11725 --narrative and clinical reports, operative report dated September 16, 2016, operative report dated November 2, 2016, Zwanger Pesiri radiology results and medical records (52 pages) Dr. Seema Meraj c/o Zwanger Pesiri Radiology 160 Brentwood Road Bay Shore, New York 11706 --MRI of right arm dated August 23, 2016; sonogram of upper right extremity dated August 26, 2016; MRI of left calf dated October 20, 2016, (6 pages) C. J. Allen OT Upper Extremity & Hand Therapy, PLLC 2108 Joshuas Path Hauppauge, New York 11788 --therapy records (22 pages) Dr. John Leppard c/o Professional Evaluation Group 380 South Broadway Hicksville, New York 11801 --Workers' Compehsation independent medical evaluation dated February 23, 2017 (3 pages) The names and address of physicians and other health care providers and/or facilities who have examined or treated-the plaintiff or from whom care was received with regard to the subject occurrence whose records have not yet been obtained are as follows: Additional HIPAA compliant authorizations directed to each are included: FDNY 9 MetroTech Center Brooklyn, New York 11201-3857 --ambulance call report RESPONSE TO DEMAND FOR STATEMENTS The plaintiff is not in possession of any statements of parties. RESPONSE TO DEMAND FOR COLLATERAL SOURCE REIMBURSEMENT INFORMATION The plaintiff received collateral source benefits from the workers' compensation carrier listed workers' below. HIPAA authorization for the compensation claim file is annexed: State Insurance Fund - 2 -
8 Corporate Center Drive 2nd Floor Melville, NY, 11747 Claim Number: G1535586 RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF FACT AND NOTICE WITNESSES The plaintiff is able to state that there were three male persons who were present at the time of the incident, although their full names are unknown. Upon information and belief, the names and addresses of same are known by the defendant, and demand is herewith made for same. Upon information and belief, the name of one of the witnesses was Nick, last name unknown, who was employed by Sanjon, Inc. as a foreman. There were also two personnel employed by A.W. & S. who were present. RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF EXPERT WITNESSES The plaintiff identifies the following expert witnesses at the present time and reserves the right to supplement said exchange pursuant to the directives of the CPLR with regard to the exchange of expert witnesses. Further, the plaintiff reserves the right to call medical personnel as expert witnesses who treated and/or examined the plaintiff or who will treat and/or examine the plaintiff in the future. Andrew L. Gluck, M.A., M.S., M.Ed., Ed.D 3145 Route 44/55 Gardiner, New York 12525 RESPONSE TO DEMAND OF PRESERVATION AND PRODUCTION OF FOOTWEAR 1. The actual footwear worn by the Plaintiff on the date of the incident is available for inspection upon agreement of both parties. 2. The footwear worn by the Plaintiff on the date of the incident has not been altered, discarded not destroyed. 3. The footwear worn by the Plaintiff on the date of the incident has not been altered, discarded not destroyed. 4. Not relevant. 5. Not relevant. 6. There are no known photographs in possession of Plaintiff or anyone under Plaintiff's control that depicts the footwear worn by the Plaintiff on the date of the incident or that depict the said footwear at or on the place or location of the accident. RESPONSE TO DEMAND FOR AUTHORIZATIONS TO PERMIT INTERVIEW The demanded Arons authorizations for each medical provider set forth below are annexed: - 3 -
Dr. Andrew Leo 66 Harned Road Commack, New York 11725 Dr. Seema Meraj c/o Zwanger Pesiri Radiology 160 Brentwood Road Bay Shore, New York 11706 RESPONSE TO DEMAND FOR AUTHORIZATIONS 1. Authorizations to obtain attendance and payroll records for each employer for whom the plaintiff has worked since 2011 are annexed as per the annexed addendum. 2. Authorizations to obtain plaintiff's W-2 records for the number of years allowable will be provided under separate cover. 3. Enclosed is the authorization to obtain Plaintiff. WBC Case No.: Gl535586. Workers' Compensation Board file on the 4. See above response to demand for collateral source reimbursement information [State Insurance Fund, 8 Corporate Center Drive 2nd Floor, Melville, NY, 11747; Claim Number: G1535586] 5. - 8. Annexed is an authorization to obtain Plaintiff's Union Local, Union Pension Fund, Union Health and Welfare Fund, and Union Disability records. 9. Authorization to obtain Plaintiff's federal tax returns for the number of years allowable will be provided under separate cover. 10. Authorization to obtain Plaintiff's NYS tax returns for the number of years allowable will be provided under separate cover. 11. Enclosed is the authorization to obtain the Plaintiff's pharmaceutical records regarding any prescriptions or medications for the involved injuries. 12. Enclosed is the authorization to obtain ambulance call log and other related EMS or private ambulance service records for Plaintiff herein. Administration. The derñanded information will be provided under separate cover. RESPONSE TO DEMAND FOR MEDICAL AUTHORIZATIONS Annexed are fully executed HIPAA authorization for the following, as set forth above: Bellevue Hospital Center 1st Avenue and 27th Street New York, New York 10016. Huntington Hospital 270 Park Avenue Huntington, NY, 11743 Dr. Andrew Leo 66 Hamed Road Commack, New York 11725-4 -
Dr. Seema Meraj c/o Zwanger Pesiri Radiology 160 Brentwood Road Bay Shore, New York 11706 C. J. Allen OT Upper Extremity & Hand Therapy, PLLC 2108 Joshuas Path Hauppauge, New York 11788 FDNY 9 MetroTech Center Brooklyn, New York 11201-3857, RESPONSE TO DEMAND FOR DISCLOSURE OF MEDICARE/MEDICAID LIEN The plaintiff has not been eligible nor is currently eligible nor has received in the past, or presently, benefits from either Medicaid or Medicare. Neither entity holds a lien against the plaintiff's recovery. The plaintiff has applied for disability benefits from the Social Security Administration. In the even he receives same and becomes Medicare eligible, the plaintiff will supplement this response. RESPONSE TO DEMAND FOR DISCOVERY AND INSPECTION, AND PRESERVATION OF ALL DIGITAL IMAGES. PHOTOGRAPHS AND VIDEO SURVEILLANCE 1. There are no known digital images, photographs, and/or video surveillance of the alleged scene or place of the accident, occurrence or contributing cause, taken any time either before or after the incident at issues. 2. There are no known digital images, photpgraphs, and/or video surveillance of any object, place or location that Plaintiff alleges constitutes notice to any party, eitlier actual or constructive of the condition that existed on the date of the loss, or at any time prior thereto that shows the condition complained of. 3. Annexed are three (3) color photographs of the plaintiff's injuries. 4. There are no known digital images, photographs, and/or video surveillance of any or all structures, loss locations, premises, objects, vehicles or defective conditions or other property involved therein, be it prior to or post occurrence. 5. Not applicable. 6. To be provided if available. RESPONSE TO DEMAND FOR NOTICE TO PRODUCE 1. Proof of purchase of index number is a public record and can be obtained through the NYS.ecf website. - 5 -
2. Feldman, Kronfeld & Beatty 42 Broadway, 196 Floor New York, New York, 10004 Russo & Toner, LLP 33 Whitehall 166 Street, Floor New York, New York, 10004 Barry, McTiernan & Moore, LLC 2 Rector 14* Street, Floor New York, New York, 10006 3. There are no known accident reports filed in connection with this accident. 4. There are no known police reports and/or police accident/ aided reports in connection with this accident 5. There are no know copies of any statements obtained from any witnesses to this accident. 6. There are no known photos depicting the condition which it is claimed caused Plaintiff's accident. 7. There are no known writing(s) by the Plaintiff which purports to document the injuries complained of. 8. There is no known correspondence between all parties in connection with the subject incident. 9. There are no known contracts between the 1 laintiff and other parties in connection with the subject incident. 10. There are no known copies of medical reports submitted by the Plaintiff. 11. See annexed copies of all medical reports of any physical examinations. 12. There are no known copies of any written statements taken by the Plaintiff, or the representatives of the Plaintiffs, or agents, servants or employees. 13. There are no known copies of any daily, weekly or monthly records made and/or.. maintained by Plaintiff with respect to the premises referred to in the Complaint (including daily logs, inspection reports, safety meeting minutes, etc.) for a period of one year prior to the alleged date of accident. 14. There are no known copies of any and all daily, weeldy or monthly records made and/or maintained by the Plaintiff with respect to the premises referred to in the Complaint (including daily logs, inspection reports, safety meeting minutes. Etc.) for a period of one year prior to the date of the alleged accident. 15. There are no known copies of any photographs depicting the locus of the accident as well as any photographs of the allegedly defective condition referred to in the Verified Complaint. - 6 -
Dated: New York, New York July 26, 2017 Yours, etc., FELDMAN, KRONFELD & BEATTY MI HAEL C. BEATTY Attomeys for Plaintiff, GARY GIORDANO 19d2 42 Broadway, Floor New York, New York 10004 (212) 425-0230 TO: Russo &Toner LLP Attorneys for Defendants, A.W. & S. CONSTRUCTION CO., INC., PLAZA TOWER, LLC and TOWER PLAZA ASSOCIATES, LP, 33 Whitehall Street New fork, N.Y. 10004 (212) 482-0001. - 7 -
AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss.: MICHELLE A. ESTRELLA being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in NEW YORK County in the State of New York. I served a true copy of the annexed FIRST DISCOVERY EXCHANGE/ PRELIMINARY CONFERENCE COMPLIANCE on July 26, 2017 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: Russo & Toner LLP Attorneys for Defendants A.W. & S Construction CO., Inc., Plaza Tower, LLC and Tower Plaza Associates 33 Whitehall Street, New York, N.Y. 10004 MICHELL A. f'strella Sworn to b fore me July 26, 2017 Notary Public MiOHAL C. BEATTY Notary Publl0, State of New York No. 02886333210 QuaMed in Kings County Commission G pires Nov. 16, 2019
INDEX NO. 158165/2016 FILED: NEW YORK COUNTY CLERK 08/28/2018 01:38 PM NYSCEF DOC. NO. 42 7 RECEIVED NYSCEF: 08/28/2018 UNTY C OEWW & TOR amst A W & G STRU I 6FIRSTDISCOVEREEKC N WER EREN. Rusgo ISAZ ñ& WER In GES 19 E P COMPL C