TRACY LEE v. SYRACUSE UNIVERSITY et al, 012617/2023, 45 (N.Y. Sup. Ct., Onondaga County Jan. 5, 2024) (2024)

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`FILED: ONONDAGA COUNTY CLERK 01/05/2024 10:08 AM
`NYSCEF DOC. NO. 45
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`INDEX NO. 012617/2023
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`RECEIVED NYSCEF: 01/05/2024
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`is a demand for photographs and videos captured both before and after the plaintiff’s
`alleged accident.
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`All existing or future reports of all physicians who have treated or examined the Plaintiff
`in connection with the injuries for which recovery is sought.
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`Duly executed and acknowledged HIPAA compliant authorizations, unlimited in time,
`valid to the close of litigation, and stating “including future treatment records beyond
`the date of this authorization,” allowing Peirce & Salvato, PLLC to obtain all of
`Plaintiff’s hospital records, x-rays, x-ray reports, no-fault records, and all other records
`referred to in any physicians’ reports, including the records of the treating physician, and
`all such authorizations are to contain speaking authority allowing representatives of Peirce
`& Salvato, PLLC to confer with all of Plaintiff’s treating physicians.
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`Duly executed and acknowledged HIPAA compliant authorizations, unlimited in time,
`valid to the close of litigation, and stating “including future treatment records beyond
`the date of this authorization,” allowing Peirce & Salvato, PLLC to obtain all of
`Plaintiff’s records for any and all Workers’ Compensation claims made in relation to the
`subject accident, including authorizations for any workers’ compensation insurers and for
`the New York Workers’ Compensation Board.
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`Duly executed and acknowledged authorizations valid to the close of litigation allowing
`Peirce & Salvato, PLLC to obtain employment and school records of the Plaintiff.
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`Statements, whether signed or unsigned, made by or on behalf of this Defendant, or a notice
`stating that you have no such statements.
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`All written reports of the incident, which is the subject of this litigation, prepared in the
`regular course of business of the Plaintiff, or Co-Defendants, if any.
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`Copies of all pleadings in any action instituted on behalf of the parties, relating to the
`incident referred to in the complaint, including all pleadings in actions instituted hereafter,
`regarding the same incident.
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`Pursuant to CPLR Section 3101(d), the identity of each person whom the Plaintiff or the
`Co-Defendants expect to call as an expert witness at the time of trial and to each expert:
`(a) the subject matter on which each expert is expected to testify; (b) the substance of the
`facts and opinions on which each expert is expected to testify; (c) the qualifications of each
`expert witness; (d) a summary of the grounds for each experts opinion.
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`Pursuant to CPLR Section 3101(f) any and all insurance agreements which may provide
`primary or excess coverage or defense for any of the causes of action alleged in this action
`regarding any party.
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`Names and addresses of attorneys for other parties.
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`FILED: ONONDAGA COUNTY CLERK 01/05/2024 10:08 AM
`NYSCEF DOC. NO. 45
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`INDEX NO. 012617/2023
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`RECEIVED NYSCEF: 01/05/2024
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`Any and all statements of the Plaintiff whether signed or otherwise including but not
`limited to all written audiotapes, videotapes, electronically-recorded, or oral statements on
`social media or otherwise, including any transcripts or memorandum or other records
`thereof, actually or allegedly made by or taken with regard to the Plaintiff both prior and
`subsequent to the incident of record and having to do with the physical capabilities of the
`Plaintiff and the Plaintiff’s ability to enjoy life both before and after the subject accident.
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`That pursuant to the applicable rules of the Civil Practice Law and Rules, including §
`3017(c), demand is hereby made that within fifteen (15) days, plaintiff provide a statement
`of the total amount of damages claimed.
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`That pursuant to § 3120 of the CPLR, you are hereby required to furnish to the undersigned
`authorizations to obtain full access to, and copies of, all of plaintiff’s current and historical
`Facebook, Instagram, Twitter, MySpace and Linkedin accounts for the period of one (1)
`year prior to the date of loss in this matter, to the present.
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`Authorizations shall permit the release and complete copies of said accounts,
`including but not limited to: all records, information, photographs, videos,
`comments, messages and postings on Facebook, Instagram, Twitter, MySpace and
`Linkedin accounts.
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`Authorizations shall include the name, username, screen name and e-mail account
`used in creating each and every Facebook, Instagram, Twitter, MySpace and
`Linkedin accounts.
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`The authorizations shall allow access to the requested records and shall be directed
`to the following:
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`Linkedin Corporation
`Attn: Legal Department
`2029 Stierlin Court
`Mountain View, CA 94043
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`Facebook
`Attn: Security Department
`1601 South California Avenue
`Palo Alto, CA 94304
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`Twitter, Inc.
`795 Folsom Street, Suite 600
`San Francisco, CA 94107
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`MySpace
`2121 Avenue of the Stars, Suite 700
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`FILED: ONONDAGA COUNTY CLERK 01/05/2024 10:08 AM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 012617/2023
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`RECEIVED NYSCEF: 01/05/2024
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`(a)
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`(b)
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`(c)
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`(d)
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`Los Angeles, CA 90067
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`Instagram Corporate Office Headquarters
`181 South Park Street, Suite 2
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`San Francisco, CA 94107
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`That pursuant to 42 U.S.C. § 1395y(b)(8), 42 C.F.R. § 411.23 and Civil Practice Law and
`Rules § 3101 et seq., the undersigned hereby demand that Plaintiff sets forth in writing and
`serve and deliver upon the undersigned within twenty (20) days from the date of service of
`this demand, the following information:
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`Plaintiff’s social security number;
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`Plaintiff’s date of birth;
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`A statement as to whether or not Plaintiff is a Medicare recipient;
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`If the response to “(c)” above is in the affirmative, set forth the date when
`Plaintiff became a beneficiary;
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`If the response to “(c)” above is in the affirmative, set forth the applicable Health
`(e)
` Insurance Claim Numbers (HICN);
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`If the response to “(c)” above is in the negative, provide a statement as to whether or
`not Plaintiff intends to apply for Medicare benefits;
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`If Plaintiff is a Medicare beneficiary or intends to apply for Medicare benefits in
`the future, set forth the date of the incident giving rise to the injury or injuries for
`which Medicare benefits are received or will be sought;
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`(f)
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`(g)
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`(h)
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`(i)
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`(j)
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`If Plaintiff is a Medicare beneficiary or intends to apply for Medicare benefits in
`the future, set forth Plaintiff’s injury or injuries for which Medicare benefits are
`received or will be sought;
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`If Plaintiff is a Medicare beneficiary or intend to apply for Medicare benefits in the
`future, set forth a description of the incident(s) giving rise to the injury or injuries, and
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`In the event that the Plaintiff herein is not the beneficiary or intended beneficiary
`with respect to Medicare benefits, set forth the name and address of the actual
`claimant (such as an estate or parent on behalf of an infant).
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`This demand is made pursuant to the Medicare, Medicaid and State Children’s Health Insurance
`Program (SCHIP) Act of 2007. Federal law mandates that the foregoing information be provided
`to the Centers for Medicare and Medicaid Services following resolution of the instant litigation.
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`FILED: ONONDAGA COUNTY CLERK 01/05/2024 10:08 AM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 012617/2023
`
`RECEIVED NYSCEF: 01/05/2024
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`That failure to comply with this demand in contravention of 42 C.F.R. § 411.23 may result in direct
`recovery by the Centers for Medicare and Medicaid Services against the Plaintiff herein.
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`Copies of any and all flyers, posters, Social Media posts, pamphlets or publications
`pertaining to Syracuse University “Ski Week” in January 2022.
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`Copies of any and all applications or waivers of the Plaintiff and/or any Co-Defendants for
`admission to the Syracuse University Ski Club in the 2021 – 2022 year.
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`Copies of any and all records kept by Syracuse University, the Co-Defendants or any
`agents, servants or employees pertaining to the Ski Club for the year 2021 – 2022.
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`PLEASE TAKE NOTICE that all of the demands made herein shall be deemed to
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`continue during the pendency of this action, including the trial thereof. If any of the information
`submitted by Plaintiff in response to these demands changes or is otherwise altered, Plaintiff is to
`provide a supplemental response forthwith.
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`PLEASE TAKE FURTHER NOTICE, that failure to comply with these demands will
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`result in a motion to the above court for an order directing compliance, plus costs of the motion
`and for such other and further relief as the court may deem just and proper.
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`Dated: White Plains, New York
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`January 5, 2024
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`Copies of the Syracuse University policies, procedures and/or handbooks pertaining to
`student activities on and/or off campus for the year 2021 – 2022.
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`Copies of any and all records kept by Syracuse University, the Co-Defendants or any
`agents, servants or employees pertaining to the “Ski Week” in January 2022.
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`Copies of any and all incident report forms submitted to or by Syracuse University Sports
`Club Administration Team.
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`The names and contact information for the members of the Syracuse University Sports
`Club Administration Team with any knowledge or information pertaining to the alleged
`incident.
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`PEIRCE & SALVATO PLLC
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`FILED: ONONDAGA COUNTY CLERK 01/05/2024 10:08 AM
`NYSCEF DOC. NO. 45
`
`INDEX NO. 012617/2023
`
`RECEIVED NYSCEF: 01/05/2024
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`By: Breanna C. Kromer Esq
`Attorneys for Defendant
`MEGHAN COY, improperly named as
`“MEG COY”
`8 Cottage Place
`White Plains, New York 10601
`Tel:(914) 946-8200
`Breanna.c.kromer@peircesalvato.com
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`Stephanie Ann Palmer, Esq.
`ROBERT F. JULIAN, P.C
`Attorneys for Plaintiff
`2037 Genese St.
`Utica, New York 13501
`Tel: (347) 797-5610
`Email: stephanie@rfjulian.com
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`Cory Nolan Poplawski, Esq.
`BARCLAY DAMON, LLP
`Attorneys for Defendant
`SYRACUSE UNIVERSITY and ROBERT M. WILSON
`125 E Jefferson St,
`Syracuse, New York 13202
`Tel: (347) 425-2869
`Email: CPoplawski@barclaydamon.com
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`Robert D. Bannister, Esq.
`KENNEY SHELTON LIPTAK NOWAK LLP
`Attorneys for Defendant
`CASEY MACHERA
`233 Franklin Street
`Buffalo, New York 14202
`Tel: (716) 853-3801
`Email: Rdbannister@kslnlaw.com
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`All remaining parties upon appearance.
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