Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “7” of the Verified Complaint and refer all questions of law to this Honorable Court.

Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “8” of the Verified Complaint and refer all questions of law to this Honorable Court.

Deny knowledge or information sufficient to form a belief as to the allegations contained in paragraph “9” of the Verified Complaint and refer all questions of law to this Honorable Court.

Deny each and every allegation contained in paragraph “20” of the Verified Complaint except admits that the property known as 1008 East Gun Hill Road, Bronx, New York was owned by Joyce Mills-Kittrell on November 12, 2021.

In the event that plaintiff recovers judgment against these answering defendants and it is determined that plaintiff’s damages were caused in whole or in part by two or more joint tortfeasors, then defendants’ liability herein for non-economic loss may not exceed its equitable share of said damages in accordance with its relative culpability of all persons or entities contributing to the total liability for non-economical loss, including named parties and other whom plaintiff could have obtained personal jurisdiction with due diligence, as provided by Section 1601

YORK 10469 (BLOCK 467, LOT 34), whereby said co-defendants agreed to indemnify and hold defendants harmless in the event any suit or claim for personal injuries, property damage and/or wrongful death was made as a result of the work being done pursuant to said agreement.

Duly executed, HIPAA compliant original authorizations to obtain the records with respect to any chiropractors and/or other licensed medical professionals who have rendered treatment to plaintiff with respect to any condition pre-existing or preceding the events complained of in the complaint involving disease, disability or injury (or, if applicable, prior psychiatric or psychological disorders) which in any way is alleged to have been aggravated or exacerbated, or to have caused any increase in the sequella of those injuries or conditions allegedly resulting from the events complained of in the with action.

PLEASE TAKE NOTICE, that pursuant to CPLR §3120, you are hereby required to furnish to the undersigned within twenty (20) days of the service of this demand, authorizations to obtain full access to, and copies of, all of plaintiff’s current and historical Facebook, Instagram, Twitter, MySpace, SnapChat, and LinkedIn accounts for the period one (1) year prior to the date of loss in this matter, to the present.

PLEASE TAKE NOTICE that the defendants, KAREN WARNER-VANDEBURG and VERNON WARNER, hereby demand that the party having control of the device or instrumentality, or parts of the same the plaintiff alleges caused or contributed to his injuries be preserved until the trial of this action.

PLEASE TAKE NOTICE, that pursuant to CPLR §3120(a), you are hereby required to produce and permit discovery by defendants or their attorneys, Kowalski & DeVito, or someone acting on their behalf, of the product which is the subject matter of this lawsuit, at a date, and time to be designated.

Defendant John/Jane Doe Trustee of Edson R. Mills Trust which is the Owner of Record of the Property Located at 1008 East Gun Hill Road, Bronx, New York 10469 (Block 467, Lot 34) is believed to be a natural person residing at 5514 N.W.

Defendants, through their employees, agents, servants, representatives, and/or contractors, in the exercise of reasonable care, should have discovered and removed the dangerous, defective, unsafe, and hazardous condition in advance of the plaintiff’s incident.

Defendants owed the plaintiff a duty of care to own, lease, maintain, operate, manage, control, alter and/or repair the Salon in a reasonably safe manner.

Defendants’ failure to own, lease, maintain, operate, manage, control, alter and/or repair the Salon in a reasonably safe manner was negligent and a breach of the duty of care owed to the plaintiff.

As a result of the foregoing, the plaintiff has been damaged in an amount that exceeds the jurisdictional limits of all lower courts to be determined by a jury at the time of trial.

EDSON R. MILLS TRUST, and

Defendants.

I am a Member of Law Office of James Trainor, P.C., attorneys for the plaintiff.

On November 10, 2023, I served the attached (i) Plaintiff’s Verified Bill of Particulars as to Defendants Karen Warner-Vandeburg and Vernon Warner; (ii) Plaintiff’s Responses to Combined Demands of Defendants Karen Warner-Vandeburg and Vernon Warner; (iii) Plaintiff’s Verified Bill of Particulars as to Defendants Joyce Mills-Kittrell and Joyce Mills- Kittrell as Trustee of Edson R. Mills Trust; (iv) Plaintiff’s Responses to the Combined Demands of Defendants Joyce Mills-Kittrell and Joyce Mills-Kittrell as Trustee of Edson R. Mills Trust; (v) Notice of Deposition (All Defendants); and (vi) Plaintiff’s Notice of Discovery and Inspection as to All Defendants to the persons named below by FedEx, overnight delivery, by enclosing same

PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, plaintiff is hereby required to produce for discovery, inspection, and photocopying, at the offices of the undersigned, 3 Huntington Quadrangle, 304S, Melville, New York 11747, within twenty (20) days of the date of service of this demand, the following documents:

Duly executed and acknowledged properly addressed original authorizations along with two forms of identification for plaintiff, enabling defendants herein to obtain copies of the their federal, state and local income tax returns, for a period of five (5) years preceding the date of accident to the present.

Duly executed and acknowledged properly addressed original HIPAA compliant authorizations, directed to any hospital, clinic or other health care facility in which the injured plaintiffs herein are or were treated or confined due to the occurrence set forth in the complaint so

Duly executed and acknowledged properly addressed original HIPAA compliant authorizations, to allow defendants herein to obtain the complete office medical records relating to plaintiff, JOY MCDONALD, for each health care provider identified in “1” above.

PLEASE TAKE FURTHER NOTICE, that any settlement, judgments or awards to Plaintiffs who receives or is eligible for such benefits, or who otherwise falls within the scope of any applicable statute or regulation, will be subject to reporting by the insurer to CMS, Medicare or other appropriate agency before any distribution of funds can be made.