2018 07:03 PM
Transcript of 2018 07:03 PM
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF BRONX
BUJAR KREKA; FATJON GJOKAIndex No.: 21611/2013E
-Against-
NYCOM SERVICES CORP.; HARALAMBOS KARA;BARBARA PILIERO; MICHAEL PILIERO
Defendant(s).
STATE OF NEW YORK) ss:
COUNTY OF QUEENS)
Following are the Subpoenas and Duces Tecum served to treating doctors:
1. Bienvenido P. Ceballos Jr. P.T. Therapeutic Physical Therapy
2. Bienvenido P. Ceballos Jr. P.T. Therapeutic Physical Therapy
3. Dr. Ronald P. Mazza DC P.C. Ronald P. Mazza, DC
4. Titan Pharmacy
5. Astoria Medical Imaging Crescent Radiology PLLC
6. FDNY Emergency Medical Service
7. Mount Sinai Hospital
8. Orthopro Services Inc.
9. Munish Khaneja M.D./New Age Medical PC
10. Mark Soffer D.C./North Shore Chiropractic Diagnostic PC
11. Mark Y. Brusztyn M.D./Advanced Orthopedic PLLC
12. Mark Soffer D.C./North Shore Diagnostic PC
13. Island Chiropractic Testing PC/Mark Soffer D.C.
14. Kang Sun Acupuncture Herbs PLLC/Young H. Kang L.A.C.
15. Young H. Kang L.A.C./Kang Sun Acupuncture Herbs PLLC
16. Mount Sinai Queens
17. Mount Sinai Elmhurst FPG
18. Elmhurst Hospital
Durga Prasad Bhurtel, Esq.
Attorney for the Plaintiffs
Bhurtel Law Firm, PLLC
3749,75th
Street,2nd FlOOr
Jackson Heights, New York 11372
Phone: (718) 509-6181
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
1 of 20
Form 2 - AFFIDAVIT OF SERVICE ValerieP833013
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR GEn, ETANO 2 11/ 13EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NASSAU :SS:
MATTHEW DONOVAN being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York. That on the 14TH day of MARCH 2018, 5:08PMat 15 MONNOUTH STREET
DEER PARK NY 11729I served the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon BIENVENIDO P CEBALLOS JR. P.T THERAPEUTIC PHYSICAL THERAPYthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with "JANE DOE" (REFUSED FULL NAME), CO-TENANT ,a person of suitable age anddiscretion.At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: BROWNHAIR: BROWN/BLONDE
APP.AGE: 60 APP. HT: 583 APP. WT: 125OTHER IDENTIFYING FEATURES
On 03/16/2018 I deposited in the United States mail another true copy of the aforementioneddocuments properly enclosed and sealed in a post-paid wrapper addressed to the said WITNESS atthe above address. That beingthe usual place of abode, last known residence of the WITNESS.
Copy mailed 1st class mail marked personal and confidential not indicating on the outsidethereof by return address or otherwise that said notice is from an attorney or concerns anaction against the person to be served.
COMMENTS:
That at the time of service, as aforesaid, I asked the person spoken to whether the WITNESSwas in the military service of the United States Government . or of the State uf new York. andreceived a negative reply Upon information and belief based upon the conversation andobservation as aforesaid 1 aver that the WITNESS is not in the military service, and is notdependent on anyone in the military service of the United States Government or the SLete of NewYork, as that term is defined in statutes of the State of New York, or of the Federal Soldiersand sailors Civilian Relief Act.
Sworn to before me this16TH day of MARCH, 2018
MAT;H1|W DONOVANPM Legal, LLC
TIFFANY THOMPSON 75 MAIDEN TANE 11TH FLOOR NNotary Public, State of New York NEW YORK, NY 10038NO. 01TH6368449 Reference No: 2-BLFPLLC-1-6330LSQualified in KINGS COWTYCommiaGion Expires .L2/11/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
2 of 20
Form 2 - AFFIDAVIT OF SERVICE ValerieP833014
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO
PLAINTIFF Date Filed- vs - Office No.
NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018DEFENDANT
STATE OF NEW YORK, COUNTY OF NASSAU :SS:
MATTHEW DONOVAN being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York. That on the 14TH day of MARCH 2018, 5:08PMat 15 MONMOUTH STREBT
DEER PARK NY 11729I served the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon BIENVENIDO P CMLLOS JR. THERAPEUTIC PHYSICAL THERAPYthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with "JANE DOE" (REFUSED FULL NAME), CO-TENANT ,a person of suitable age anddiscretion.At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: BROWN HAIR: BROWN/BLONDE
APP.AGE: 60 APP. HT: 5'3 APP. WT: 125OTHER IDENTIFYING FEATURES
On 03/16/2018 I deposited in the United States mail another true copy of the aforementioneddocuments properly enclosed and sealed in a post-paid wrapper addressed to the said WITNESS atthe above address. That beingthe usual place of abode, last known residence of the WITNESS.
Copy mailed 1st class mail marked personal and confidential not indicating on the outsidethereof by return address or otherwise that said notice is from an attorney or concerns anaction against the person to be served.
COMMENTS:
That at the time of service, as aforesaid, I asked the person spoken to whether the WITNESSwas in the military service of the United States Government, or of the State of New York a:8received a negative reply. Upcn infulmation and belief based upon the conversation andobservation as aforesaid I aver that the WITNESS is not in the military service, and is notdependent on anyone in the military service of the United States Government or the State of NewYork, as that term is defined in statutes of the State of New York, or of the Federal Soldiersand sailors Civilian Relief Act.
Sworn to before me this16TH day of MARCH, 2018
MATY DONOVANPM Legal, LLC
TIFF THOMPSON 75 MAIDEN LANE 11TH FLOORNotary Public, State of New York NEW YORK, NY 10038NO. 01TH6368449 Reference No- 2-BLFPLLC-1-833014Qualified in KINGS COUNTYCommission Expires 12/11/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
3 of 20
Form 2 - AFFIDAVIT OF SERVICEP833018
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO 2 1 / 13EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NASSAU :SS:
JAMES DELUCA being duly sworn, deposes and says; I am over 18 years of age, not a party to thisaction, and reside in the State of New York. That on the 14TH day of MARCH 2018, 4:32PM at
1570 OLD COUNTRY ROADWESTBURY NY 11590
I served the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon DR. RONALD P MAZZA DC P.C. RONALD P MAZZA D.Cthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with DIANA (DOE) (REFUSED TO GIVE LAST NAME), EMPLOYEE,a person of suitable age anddiscretion.At the same time a fee of $18,00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: TAN HAIR: BROWNAPP.AGE: 23 APP. HT: 5''7APP. WT: 145OTHER IDENTIFYING FEATURES
On 03/20/2018 I deposited in the United States mail another true copy of the aforementioneddocuments properly enclosed and sealed in a post-paid wrapper addressed to the said WITNESS atthe above address. That beingthe place of business of the WITNESS.
Copy mailed 1st class mail marked personal and confidential not indicating on the outsidethereof by return address or otherwise that said notice is from an attorney or concerns anaction against the person to be served.
COMMENTS:
That at the time of service, as aforesaid, I asked the person spoken to whether the WITNESSwas in the military service of the United States Government, or of the State of New York, andreceived a negative reply. Upon information and belief based upon the conversation andobservation as aforesaid I aver that the WTTNESS is not m the m2litary service, and 1s notdependent en anyone in the mil:tary service of the United States Government or the State of NewYork, as that term is defined in statutes of the State of New York, or of the Federal Soldiernand Sailors Civilian Relief Act.
Sworn to before me this2^TH day of MARCH, 2010
JAMES DELUCAPM Legal, LLC
LORRAINE MANGUAL 75 MAIDEN LANE 11TH FLOORNotary Public, State of New York NEW YORK, NY 1003801MA6358423 Reference No: 2-BLFPLLC-1-833018Qualified in QUEENSCommission Expires 05/08/2021
.
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
4 of 20
Form 27 - AFFIDAVIT OF SERVICE
P033019
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO 2 / .3E
PLAINTIFF Date Filed- vs - Office No.
NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
NORBERTO MALDONADO being duly sworn, deposes and says; I am over 18 years of age, not a partyto this action, and reside in the State of New York. That on the 12TH day of MARCH, 20181:47PM at
3519 31ST AVENUEASTORIA NY 11106
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OFHEALTH INFORMATION PURSUANT TO HIPAA upon TITAN PHARMACY the WITNESS therein named bydelivering to, and leaving personally with SPIRO L. (REFUSED TO GIVE LAST NAME) , AUTHORIZED TOACCEPT a true copy of each thereof. At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:
SEX: MALE COLOR: WHITE HAIR: BLACK/GREY
APP.AGE: 52 APP. HT: 5'6 APP. WT: 180
OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me this14TH day of MARC 20 8
ORBERTO MALDONADO DCA LIC #1246635PM Legal, LLC
BRETT GOLUB .· 75 MAIDEN LANE 11TH FLOORNotary Publi , tate of ew York NEW YORK, NY 10038No. 01G06129491 Reference No: 2-BLFPLLC-1-833019Qualified in NASSAU COUNTYCommission Expires 06/27/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
5 of 20
Form 27 - AFFIDAVIT OF SERVICE bbaCChus
P83302O
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR EER, ETHO 2 / 13E
PLAINTIFF Date Filed- vs - Office No.
NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
NORBERTO MALDONADO being duly sworn, deposes and says; I am over 18 years of age, not a partyto this action, and reside in the State of New York. That on the 12TH day of MARCH, 20181:41PM at
2747 CRESCENT STREET SUITE 107ASTORIA NY 11102
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR REL SE OFHEALTH INFORMATION PURSUANT TO HIPAA upon ASTORIA MEDICAL IMAGING CRESCENT RADIOLOGY, PLLC theWITNESS therein named by delivering to, and leaving personally with EVA RODRIGUEZ, AUTHORIZEDTO ACCEPT a true copy of each thereof. At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: BROWNHAIR: BLONDE
APP.AGE: 35 APP. HT: 5'5 APP. WT: 150
OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me this14TH day of MARCH, 2018
ORBERTO MALDONADO DCA LIC #1246635PM Legal, LLC
BRETT GOLUB 75 MAIDEN LANE 11TH FLOORNotary Publi , tate o ew York NEW YORK, NY 10038No. 01G06129491 Reference No: 2-BLFPLLC-1-833020Qualified in NASSAU COUNTYCommission Expires 06/27/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
6 of 20
.
Form 27 - AFFIDAVIT OF SERVICE ValerieP833022
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO/ 13E
PLAINTIFF Date Filed- vs - Office No.
NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
ZANEKEE POW being duly sworn, deposes and says; I am over 18 years of age, not a party to thisaction, and reside in the State of New York. That on the 12TH day of MARCH, 2018 11:47AM at
9 METRO TECH CENTER #5 E-10BROOKLYN NY 11201
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OFHEALTH INFORMATION PURSUANT TO HIPAA upon FDNY EMERGENCY MEDICAL SERVICE the WITNESS thereinnamed by delivering to, and leaving personally with JASON MORRIS, AUTHORIZED TO ACCEPT a truecopy of each thereof. At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: MALE COLOR: BROWNHAIR: BLACK
APP.AGE: 35 APP. HT: 6'1APP. WT: 240OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to me this14TH d of MARC , 2018
ZANEKEE POW DCA LIC #2025377PM Legal, LLC
SELEN IN S ADAMES 75 MAIDEN LANE 11TH FLOORNotar lic, State of New York NEW YORK, NY 10038No. 01AD6365042 Reference No: 2-BLFPLLC-1-833022Qualified in NEW YORK COUNTYCommission Expires 09/25/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
7 of 20
Form 27 - AFFIDAVIT OF SE'RVICE ValerieP833023
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO /2 13EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NEW YORK :SS:
AVATAR NEAL being duly sworn, deposes and says; I am over 18 years of age, not a party to thisaction, and reside in the State of New York. That on the 13TH day of MARCH, 2018 1:17PM at
E 101ST STREETNEW YORK NY 10029
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OFHEALTH INFORMATION PURSUANT TO HIPAA upon MOUNT SINAI HOSPITAL the WITNESS therein named bydelivering to, and leaving personally with MR. "JOHN CRUZ (REFUSED FULL NAME), RISK MANAGEMENTCLERK AUTHORIZED TO ACCEPT a true copy of each thereof. At the same time a fee of $18.00 waspaid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: MALE COLOR: BROWN HAIR: BLACK
APP.AGE: 40APP. HT: 5'7 APP. WT: 180
OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to befor e this14TH day o RC , 2
R NEAL DCA LIC # 5361Legal, LLC
SELENA INES D 75 MAIDEN LANE 11TH FLOORNotary Pub ic, St te of New York NEW YORK, NY 10038No. 01AD636 Reference No: 2-BLFPLLC-1-833023Qualified in NEW YORK COUNTYCommission Expires 09/25/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
8 of 20
Form 27 - AFFIDAVIT OF SERVICE ValerieP833024
Bhurtel Law Firm PLLC NAYANA SERESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO 3EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
FREDDI SIMON being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York. That on the 12TH day of MARCH, 2018 1:56PMat
155 E 55TH STREET STE 207NEW YORK NY 10022
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OFHEALTH INFORMATION PURSUANT TO HIPAA upon ORTHOPRO SERVICES, INC. the WITNESS therein named bydelivering to, and leaving personally with NEGAN CAZARES, AUTHORIZED TO ACCEPT a true copy ofeach thereof. At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALECOLOR: TAN HAIR: BLACK/BLONDEAPP.AGE: 29APP. HT: 5'7 APP. WT: 135OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to efore me this .,14TH day R 2018
FREDDI SIMON 2066183PM Legal, LLC
SELENA ES 75 MAIDEN LANE 11TH FLOORNotary Pu l'
, State of New York NEW YORK, NY 10038No. 01AD63 5042 Reference No: 2-BLFPLLC-1-833024Qualified in NEW YORK COUNTYCommission Expires 09/25/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
9 of 20
Form 2 - AFFIDAVIT OF SERVICE Valerie
P634239
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO 2 1/ 13E
PLAINTIFF Date Filed- vs - Office No.
NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANT
STATE OF NEW YORK, COUNTY OF NEW YORK :SS:
NORBERTO MALDONADO being duly sworn, deposes and says; I am over 18 years of age, not a partyto this action, and reside in the State of New York. That on the 15TH day of MARCH 2018,11:31AM at 111-20 QUEENS BLVD.,
FOREST HILLS NY 11375I served the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon MUNISH KHANEJA M.D. / NEW AGE MEDICAL, P.C.the WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with SHAUNA P. (REFUSED FULL NAME), EMPLOYEE,a person of suitable age and discretion.At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: BROWNHAIR: BROWN
APP.AGE: 22 APP. HT: 5'3APP. WT: 110
OTHER IDENTIFYING FEATURES
On 03/16/2018 I deposited in the United States mail another true copy of the aforementioneddocuments properly enclosed and sealed in a post-paid wrapper addressed to the said WITNESS atthe above address. That beingthe place of business of the WITNESS.
Copy mailed 1st class mail marked personal and confidential not indicating on the outsidethereof by return address or otherwise that said notice is from an attorney or concerns anaction against the person to be served.
That at the time of service, as aforesaid, I asked the person spoken to whether the WITNESSwas in the military service of the United States Government. or of the Stat e of New York andreceived a negative reply. Upon information and belief based upon the conversation andobservation as aforesaid I aver that the WITNESS is not in the military service, and is notdependent on anyone in the military service of the United States Government or the State of NewYork, as that term is defined in statutes of the State of New York, or of the Federal Soldiersand Sailors Civilian Relief Act.
Sworn to before me this16TH day of 8
/NORBERTO MA DONADO DCA LIC #1245G35PM Legal, LLC
BRETT GOLUB 75 MAIDEN LANE 11TH FLOORNotary Public, te ew York NEW YORK, NY 10038No. 01G06129491 Reference No: 2-BLFPLLC-1-834239Qualified in NASSAU COUNTYCommission Expires 06/27/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
10 of 20
Formi-AFRDAVITOFSERVICEP834240
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO / 3EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANT
STATE OF NEW YORK, COUNTY OF NASSAU :SS:
JAMES DELUCA being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York.That on the 14TH day of MARCH, 2018 5:30PM at
38 LONG RIDGE ROADPLAINVIEW NY 11803
I served the JUDICIAL SUBPOENA AND DUCES TECUN, AUTHORIZATION FOR 'mmer OF HEALTH INFORMATIONPURSUANT TO HIPAAupon NARK SOFFER D.C. / NORTHSHORE CRIROPRACTIC DIAGNOSTIC PCthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with NARK SOFFER D.C. / NORTHSHORE CHIROPRACTIC DIAGNOSTIC PCsaid WITNESS personally. At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: MALE COLOR: TAN HAIR: BROWNAPP.AGE: 38 APP. HT: 5''7 APP. WT: 130OTHER IDENTIFYING FEATURES
That at the time of service, as aforesaid, I asked the WITNESS whether he/she was in themilitary service of the United States Government, or of the State of New York, and received anegative reply. Recipient wore ordinary civilian clothes and no military uniform. Uponinformation and belief based upon the conversation and observation as aforesaid I aver that theWITNESS is not in the military service, and is not dependent on anyone in the military serviceof the United States Government or the State of New York, as that term is defined in statutesof the State of New York, or of the Federal Soldiers and Sailots Civilian Relief Act.
Sworn to before me this20TH day of MARCH, 2018
J S D LUCA-·ega ,
LORRAINE MANGUAL 75 MAIDEN LANE 11TH FLOORNotary Public, State of New York NEW YORK, NY 1003801MA6358423 Reference No: 2-BLFPLLC-1-834240Oualified in OUEENSCommission Expires 05/08/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
11 of 20
Form 2 - AFFIDAVIT OF SERVICE ValerieP834243
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO2 .3E
PLAINTIFF Date Filed- vs - Office No.
NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NEW YORK :SS:
NORBERTO MALDONADO being duly sworn, deposes and says; I am over 18 years of age, not a partyto this action, and reside in the State of New York. That on the 15TH day of MARCH 2018,11:43AM at 80-02 KEW GARDENS RD., 5TH FLOOR
KEW GARDENS NY 11415I served the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon MARK Y BRUSZTYN M.D. / ADVANCED ORTHOPEDIC PLLCthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with CINDY E. (REFUSED FULL NAME), EMPLOYEE,a person of suitable age and discretion.At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: WHITE HAIR: BROWN
APP.AGE: 25 APP. HT: 5'3 AP13. WT: 130
OTHER IDENTIFYING FEATURES
On 03/16/2018 I deposited in the United States mail another true copy of the aforementioneddocuments properly enclosed and sealed in a post-paid wrapper addressed to the said WITNESS atthe above address. That beingthe place of business of the WITNESS.
Copy mailed 1st class mail marked personal and confidential not indicating on the outsidethereof by return address or otherwise that said notice is from an attorney or concerns anaction against the person to be served.
COMMENTS:
That at the time of service, as aforesaid, I asked the person spoken to whether the WITNESSwas in the military service of the United States Government, cr ef the State of New York, andreceived a negative reply. Upon information and belief based upon the conversation andobservation as aforesaid I aver that the WITNESS is not in the military service, and is notdependent on anyone in the military service of the United States Government or the State of NewYork, as that term is defined in statutes of the State of New York, or of the Federal Soldiersand Sailors Civilian Relief Act.
Sworn to before me this16TH day of MAR H, 18
GREERTO MALDONADO DCA LIC12.s-
635PM Legal, LLC
BRETT GOLUB 75 MAIDEN LANE 11TH FLOORNotary Public, ew York NEW YORK, NY 10038No. 01G06129491 Reference No: 2-BLFPLLC-1-834243Qualified in NASSAU COUNTYCommission Expires 06/27/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
12 of 20
Formi-AFFlDAVITOFSERVICEP834244
Bhurtal Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
index No.BUJAR KREKA, ETANO 21611/2013EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANT
STATE OF NEW YORK, COUNTY OF NASSAU :SS:
JAMES DELUCA being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York.That on the 14TH day of MARCH, 2018 5:30PN at
38 LONG RIDGE ROADPLAINVIEW NY 11803
I served the JUDICIAL SUBPOENA AND DUCES TECUN, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon MARK SOFFER D.C. / NORTHSHORE DIAGNOSTIC PCthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with MARK SOFFER D.C. / NORTHSHORE DIAGNOSTIC PCsaid WITNESS personally. At the same time a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:
. SEX: MALE COLOR: TAN HAIR: BROWNAPP.AGE: 38 APP. HT: 5''7 APP. WT: 130OTHER IDENTIFYING FEATURES
That at the time of service, as aforesaid, I asked the WITNESS whether he/she was in themilitary service of the United States Government, or of the State of New York, and received anegative reply. Recipient wore ordinary civilian clothes and no military uniform. Uponinformation and belief based upon the conversation and observation as aforesaid I aver that theWITNESS is not in the military service, and is not dependent on anyone in the military serviceof the United States Government or the State of New York, as that term is defined in statutesof the State of New York, or of the Federal Soldiers and Sailors Civilian Relief Act.
Sworn to before me this20TH day of MARCH, 2018
JAMES DELUCAPM Legal, LLC
LORRAINE MANGUAL 75 MAIDEN LANE 11TH FLOGRNotary Public, State of New York NEW YORK, NY 1003801MA6358423 Reference No: 2-BLFPLLC-1-834244Qualified in QUEENSCommission Expires 05/08/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
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Form 27 - AFFIDAVIT OF SERVICE bbacchusP834245
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUM GEn, ETANO 13EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NASSAU :SS:
JAMES DELUCA being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York. That on the 14TH day of NARCH, 2018 5:30PMat
38 LONG RIDGE ROADPLAINVIEW NY 11803
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECOM, AUTHORIZATION FOR RELEASE OFHEALTH INFORMATION PURSUANT TO HIPAA upon ISLAND CHIROPRACTIC TESTING PC / MARK SOFFER D.C. theWITNESS therein named by delivering to, and leaving personally with MARK SOFFER, AUTHORI ZED TOACCEPT a true copy of each thereof. At the same time a fee of $18.00 was paid.
Deponent describes the person :served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: MALE COLOR: TAN HAIR: BROWNAPP.AGE: 38 APP. HT: 5''7 APP. WT: 130OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me this20TH day of MARCH, 2018
.JAMES DELUCA
. ...-------- PM Legal, LLCLORRAINE MANGUAL 75 MAIDEN LANE 11TH FLOORNotary Public, State of New York NEW YORK, NY 1003801MA6358423 Reference No: 2-BLFPLLC-1-834245Qualified in QUEENSCommission Expires 05/08/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
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Form 27 - AFFIDAVIT OF SERVICE bbacchusP834246
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO 2 / 13EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NASSAU :SS:
JAMES DELUCA being duly sworn, deposes and says; I am over 18 years of age, not a party tothis action, and reside in the State of New York. That on the 14TH day of NARCH, 2018 4:14PMat
98 NETHERWOOD DRIVEALBERTSON NY 11507
I served a true copy of the JUDICIAL SUBPOENA AND DUCES TECUN, AUTHORIZATION FOR RELEASE OFHEALTE INFORNATION PURSUANT TO HIPAA upon EANG SUN ACUPUNCTURE HERBS PLLC / YOUNG H. EANGL.A.C. the WITNESS therein named by delivering to, and leaving personally with MS. (JANE) KANG(REFUSED TO GIVE FULL NAME), AUTHORIZED TO ACCEPT a true copy of each thereof. At the same time
a fee of $18.00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: ASIAN HAIR: BLACKAPP.AGE: 56 APP. HT: 5''5 APP. WT: 155OTHER IDENTIFYING FEATURES
COMMENTS:
Sworn to before me this20TH day of MARCH, 2018
JAMES DELUCAPM Legal, LLC
LORRAINE MANGUAL 75 MAIDEN LANE llTH FLOORNotary Public, State of New York NEW YORK, NY 1003801MA6358423 Reference No: 2-BLFPLLC-1-834246Qualified in QUEENSCommission Expires 05/08/2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
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Form 2 - AFFIDAVIT OF SERVICEP834247
Bhurtel Law Firm PLLC NAYANA SHRESTHASUPREME COURT BRONX COUNTY STATE OF NEW YORK
BUJAR KREKA, ETANO 3EPLAINTIFF Date Filed
- vs - Office No.NYCOM SERVICES CORP., ETAL Court Date. 03/19/2018
DEFENDANTSTATE OF NEW YORK, COUNTY OF NASSAU :SS:
JAMES DELUCA being duly sworn, deposes and says; I am over 18 years of age, not a party to thisaction, and reside in the State of New York. That on the 14TH day of NARCH 2018, 4:14PM at
98 NETHERWOOD DRIVEALBERTSON NY 11507
I served the JUDICIAL SUBPOENA AND DUCES TECUM, AUTHORIZATION FOR RELEASE OF HEALTH INFORMATIONPURSUANT TO HIPAAupon YOUNG H. EANG L.A.C./ KANG SUN ACUPUNCTURE HERBS PLLCthe WITNESS therein named by delivering and leaving a true copy or copies of the aforementioneddocuments with NS. (JANE) KANG (REFUSED TO GIVE LAT NANE), EMPLOYEE,a person of suitable ageand discretion.At the same time a fee of $18 .00 was paid.
Deponent describes the person served as aforesaid to the best of deponent's ability at the timeand circumstances of the service as follows:SEX: FEMALE COLOR: ASIAN HAIR: BLACKAPP.AGE: 56 APP. HT: 5''5 APP. WT: 155OTHER IDENTIFYING FEATURES
On 03/20/2018 I deposited in the United States mail another true copy of the aforementioneddocuments properly enclosed and sealed in a post-paid wrapper addressed to the said WITNESS atthe above address. That beingthe place of business of the WITNESS .
Copy mailed 1st class mail marked personal and confidential not indicating on the outsidethereof by return address or otherwise that said notice is from an attorney or concerns anaction against the person to be served.
COMMENTS:
That at the time of service, as aforesaid, I asked the person spoken to whether the WITNESSwas in the military service of the United States Government . or of 1-he stai-a of New York , 2nd.cceived a negative rep.y. Jpon information and belief based upon the conversation andobservation as aforesaid I aver that the WITNESS is not in the military service, and is notdependent on anyone in the military service of the United States Government or the State of NewYork, as that term is defined in statutes of the State of New York cr of the Federal Seldiersand Sailors Civilian Rellet Act.
Sworn to before me this20TH day of MARCH, 2018
JAMES DELUCA..2 PM Legal, LLC
LORRAINE MANGUAL 75 MAIDEN LANE 11TH FLOORNotary Public, State of New York NEW YORK, NY 1003801MA6358423 Reference No: 2-BLFPLLC-1-834247Qualified in QUEENSCommission Expires 05/08j2021
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF BRONX
BUJAR KREKA; FATJON GJOKAIndex No.: 21611/2013E
-Against-
NYCOM SERVICES CORP.; HARALAMBOS KARA;BARBARA PILIERO; MICHAEL PILIERO
Defendant(s).
STATE OF NEW YORK) ss:
COUNTY OF QUEENS)
Pasang Tsering Jamling, being duly sworn, deposes and says that:
I am not a party to the above captioned action, and I am over 18 years of age, and I am currently
employed by Bhurtel Law Firm PLLC, 37-49 75™Street,
2ndfloor. Jackson Heights, NY 11372.
On the 4thday of October 2018, at:
Mount Sinai Queens
25-10 30th Avenue
Astoria, NY 11102,
I, personally served a judicial subpoena, authorization for release of health information
pursuant to HIPAA, Mr. Fatjon Gjoka's power of attorney and business record certification
pursuant to CPLR Section 3122-A upon Ms. Gurvinder Kaur at Mount Sinai Queens by
delivering and leaving a true copy of the aforementioned documents with Ms. Kaur, cashier at the
Cashier's Desk of Mount Sinai Queens, a person of suitable age and discretion.
Deponent describes the person served as aforesaid to the best of deponent's ability at the time and
circumstances of the service as follows:
Sex: female; Color: brown; Hair: black
App. Age: 45 App.; Height: 5'3; Weight: 135 /
Ÿasang Ts ri hanilingLaw Clerk
Subscribed and sworn to before me
On the 9'
day of October, 2018
BABU RAM DEVKOTA
Notary PubÙc NOTARYPUBLIC,STATE OF NEWYORKNO. 020F6338605
OUALIFIEDIN QUEENSCOUNTYMYCOMMISSIONEXPIRESMARCH14, 2020
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF BRONX
BUJAR KREKA; FATJON GJOKAIndex No.: 21611/2013E
-Against-
NYCOM SERVICES CORP.; HARALAMBOS KARA;BARBARA PILIERO; MICHAEL PILIERO
Defendant(s).
STATE OF NEW YORK) ss:
COUNTY OF QUEENS)
Pasang Tsering Jamling, being duly sworn, deposes and says that:
I am not a party to the above captioned action, and I am over 18 years of age, and I am currently
employed by Bhurtel Law Firm PLLC, 37-4975™
Street,2nd
floor, Jackson Heights, NY I 1372.
On the 9d'day of October 2018, at:
Mount Sinai Elmhurst FPG
79-01 Broadway
Elmhurst, NY 11373
I, personally served a judicial subpoena, authorization for release of health information
pursuant to HIPAA, Mr. Fatjon Gjoka's power of attorney and business record certification
pursuant to CPLR Section 3122-A upon Ms. Oma Gamandhy at Mount Sinai Elmhurst FPG,
Risk Management Department, Room E-6-5,6th
floor, by delivering and leaving a true copy of the
aforementioned documents with Ms. Gamandhy, Coordinating Manager at Mount Sinai Elmhurst
FPG, a person of suitable age and discretion.
Deponent describes the person served as aforesaid to the best of deponent's ability at the time and
circumstances of the service as follows:
Sex: female; Color: brown; Hair: black;
App. Age: 45 App.; Height: 5'5; Weight: 140.
Pasang Ts in JamlingLaw Clerk
Subscribed and sworn to before me
On the 90'day of October, 2018
V5'I' RAM hniMf'U'
NOTARYPUSI IC. STATE DF NEWYCRK. NO 0m56338Cñ5
Notary P(fblic nUAu n im Qpp C0irm
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
18 of 20
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF BRONX
BUJAR KREKA; FATJON GJOKAIndex No.: 21611/2013E
-Against-
NYCOM SERVICES CORP.; HARALAMBOS KARA;BARBARA PILIERO; MICHAEL PILIERO
Defendant(s).__
STATE OF NEW YORK) ss:
COUNTY OF QUEENS)
Pasang Tsering Jamling, being duly sworn, deposes and says that:
I am not a party to the above captioned action, and I am over 18 years of age, and I am currently
employed by Bhurtel Law Firm PLLC, 37-49 75™Street,
2ndflOOr, Jackson Heights, NY 11372.
On the 9d"day of October 2018, at:
Elmhurst Hospital
79-01 Broadway
Elmhurst, NY 11373
I, personally served a judicial subpoena, authorization for release of health information
pursuant to HIPAA, Mr. Fatjon Gjoka's power of attorney and business record certification
pursuant to CPLR Section 3122-A upon Ms. Oma Gamandhy at Elmhurst Hospital, Risk
Management Department, Room E-6-5,6d'
floor, by delivering and leaving a true copy of the
aforementioned documents with Ms. Gamandhy, Coordinating Manager at the Elmhurst Hospital,
a person of suitable age and discretion.
Deponent describes the person served as aforesaid to the best of deponent's ability at the time and
circumstances of the service as follows:
Sex: female; Color: brown; Hair: black;
App. Age: 45 App.; Height: 5'5; Weight: 140.
Law Clerk
Subscribed and sworn to before me
On the 9 'day of October, 2018
. , BABIt RAM DTVKnTANOTARYPUBUC, SlATE UF NLWYORK
NO.02r4 6338605
Notary Pt lic \ OUAt Int D :N OUEFNSCOUNTYMy 004,W;¶0N1XFIRES MW'H 14,20?0
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF BRONXBUJAR KREKA FATJON GJOKA Index No. 21611/2013E
Plaintiff(s)
Against
NYCOM SERVICES CORP., HARALAMBOS KARA;BARBARA PILIERO; MICHAEL PILIERO
Defendant (s)
JUDICIAL SUBPOENA AND DUCES TECUM
_____ ----._____________ ____
BHURTEL LAW FIRM PLLC
Attorney for Plaintiffs
Office and Post office Address, Telephone
3749 75th Street Floor 2nd
Jackson Heights New York 11372
718-509-6181
To :
Attorney(s) for Defendant
- = = = == = = = = = = --- -=
========= ===================
Service of a copy of the within is hereby admitted Dated,
...............................................
Attorney(s) for
FILED: BRONX COUNTY CLERK 10/10/2018 07:03 PM INDEX NO. 21611/2013E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 10/10/2018
20 of 20