In an e-filed case in which at least one party is exempt from e-filing, counsel for the first-named participating plaintiff or, if there is none, the first named participating defendant shall, within ten days after the e-filing of this Order, serve a ...

Pursuant to CPLR 4545, if it be determined or established that Plaintiff has received or with reasonable certainty shall receive the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, and that the same shall be replaced or indemnified, in whole or in part from any collateral source such as insurance (except for life insurance), social security (except for those benefits provided under title XVIII of the Social Security ACT), workers’ compensation or employee benefit programs (except such collateral source entitled by law to liens against any recovery of the Plaintiff), then and in that event answering Defendants hereby plead in mitigation of damages the assessment of any such cost or expense as a collateral source in reduction of the amount of the award by such replacement or indemnification, minus an amount equal to the premiums paid by the Plaintiff for such benefits for the two year period immediately preceding the accrual of this action and minus an amount equal to the projected future cost to Plaintiff of maintaining such benefits and as otherwise provided in CPLR 4545.

The Plaintiff failed to mitigate, obviate, diminish or otherwise act to lessen or reduce the injuries, damages and disabilities alleged in the Verified Complaint.

If the Plaintiff has sustained injuries or losses as alleged in the Verified Complaint, upon information and belief, such injuries and losses were caused by the acts and omissions (wrongful or otherwise), negligence, sole fault, misuse, abuse, modification, alteration, omission, or fault of one or more persons or entities over whom the answering Defendants, BRADLEY RADLETT and MERIDETH MENDELSOHN, exercised no control and for whom BRADLEY RADLETT and MERIDETH MENDELSOHN are not legally responsible, including, without limitation, the Plaintiff, and for whom these answering Defendants, BRADLEY RADLETT AND MERIDETH MENDELSOHN, may not be held accountable.

BRADLEY RADLETT AND MERIDETH MENDELSOHN acted in good faith at all relevant times and gave adequate warnings of all known or reasonably knowable risks.

There is no causal relationship between these answering Defendants, BRADLEY RADLETT and MERIDETH MENDELSOHN, or their activities described in the Complaint and any injuries or damages allegedly sustained by the Plaintiff.

On or about June 24, 2022 defendant MICHAEL D. SCAFUTO owned the premises with an address commonly known as 656 Warren Street, in the County of Kings, State of New York.

On or about June 24, 2022 defendant MICHAEL D. SCAFUTO resided at the premises with an address commonly known as 656 Warren Street, in the County of Kings, State of New York.

On or about June 24, 2022 defendant THE SCAFUTO REVOCABLE LIVING TRUST, owned the premises with an address commonly known as 656 Warren Street, in the County of Kings, State of New York.

PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand to the extent possible and not already provided, within twenty (20) days from receipt hereof will leave you subject to the provisions of the CPLR.

that being the address designated on the latest papers served by thelp this actio Janice Ramirez , Sworn 14th to before me this of December, day 2023 Notary Public