Preview
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
------------------- ----------------- ---X Index No: 800148/21E
LINDA THOMAS,
Plaintiff(s), VERIFIED BILL OF
PARTICULARS
-against-
NEW YORK CITY HOUSING AUTHORITY AND
THE CITY OF NEW YORK,
Defendant(s) .
---------------------------------------X
PLEASE TAKE NOTICE, that the plaintiff, pursuant to Rule 3043 of the Civil
Practice Law and Rules, and pursuant to the demands of the NEW
Defendant(s),
YORK CITY HOUSING AUTHORITY sets forth the particulars with respect
following
to the allegations of the complaint herein.
1. DOA: 7/15/2020 at 10:30 PM.
approximately
2. LOA: Inside the premises identified as 2245 RANDALL in the COUNTY
AVENUE,
OF BRONX, City and State of New York. More inside the bathroom
specifically
located inside apartment 7J. Additional information is beyond the scope of the
bill of particulars.
3. NEGLIGENCE: That the defendants, their agents, servants and/or employees
were negligent and guilty of culpable conduct, in negligently, carelessly
causing, creating and permitting said premises to be and remain in an unsafe
and dangerous condition; in failing to keep and properly maintain said
premises free from hazards and obstructions; in failing to employ, train and
supervise competent individuals for the purposes of preventing this
foreseeable occurrence; in failing to properly inspect and/or provide suitable
means of protecting and safeguarding persons at the premises and in otherwise
being careless; in failing to keep and maintain said premises free from
hazards; in causing, allowing, creating, and permitting said defective
condition to remain and exist for a long period of time; in negligently
permitting and suffering said premises to be and remain dangerous to persons
passing along; in causing creating, suffering and permitting said defective
condition to remain and exist for a long period of time thereon; in
negligently and carelessly using said premises for their benefit; in causing,
permitting, and creating a nuisance thereon; in failing to place warning signs
and/or cones; in failing to notify or warn persons lawfully using said
premises about said conditions; in failing to properly maintain, inspect said
premises; in causing, permitting and allowing the ceiling to become rotten,
defective, brittle, decaying, brittle, .dry and otherwise hazardous; in failing
to properly maintain said ceiling; in failing to place any warning barricades
around the ceiling area; in failing to inspect and repair the ceiling; in
negligently repairing the ceiling and surrounding area; in causing the
plaintiff to be atruck by fallins deba.ie and/ut ceiling; in placing the
plaintiff in a known dangerous area; in causing plaintiff to slip and fall;
in failing to repair a leak; in negligently repairing a leak; in failing to
properly train employees; in installing the ceiling negligently; in failing to
provide a safe place to sit; in negligently and carelessly using said
premises for its benefit; that the aforesaid occurrence was caused by the
negligence, careless, recklessness and culpable conduct of the defendant, its
agents, servants, and/or employees in the ownership, operation, maintenance,
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E
O
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
management and control of the premises and work area aforementioned to be,
become and remain in an unsafe hazardous and dangerous condition; in failing
to hire and/or supervise competent personnel to maintain the condition of said
ceiling; and in otherwise being careless and negligent in causing the
aforementioned accident. In addition, defendants violated the applicable
regulations, ordinances and statutes of the City and State of New York.
4-5. Objection, this demand is palpably improper insofar as it constitutes
an improper interrogatory. Moreover, same is evidentiary in nature,
outside the scope of CPLR §3043 et seq., subject to further discovery
procedures, not a proper demand for a Bill of Particulars, and for all
other reasons contained in the CPLR and applicable case law. In addition,
asked and answered.
6-9. NOTICE: Actual notice is claimed in that the defendants, by
their agents, servants and/or employees created, caused and/or
knowingly permitted and allowed the dangerous and hazardous
conditions and activities to exist and continue. The specific
identity of those individuals charged with actual notice are
currently within the exclusive knowledge and possession of the
answering defendant herein.
Constructive notice is also claimed in that said dangerous and
hazardous conditions and activities existed and continued for a
reasonably sufficient period of time prior to the date of the
occurrence to enable knowledge and warrant correction on the
part of the answering defendant herein.
Complaint number 72055447
10-11. Objection, beyond scope of the bill of particulars, without waving
as much this knowledge is exclusively in the possession of the answering
defendants.
12. Objection, this demand is palpably improper insofar as it constitutes
an improper interrogatory. Moreover, same is evidentiary in nature,
outside the scope of CPLR §3043 et seq., subject to further discovery
procedures, not a proper demand for a Bill of Particulars, and for all
other reasons contained in the CPLR and applicable case law.
13-14. INJURIES: As a result of the subject occurrence, the plaintiff
sustained the following injuries, all of which are believed to be permanent,
except those of a superficial nature:
ABNORM AL MRI OF THE LEFT SHOULDER REVEALED:
1. SUPRASPINATUS TENDON TEAR APPROXIMATELY 1 CM IN SIZE. ALTHOUGH
NOT OPTIMALLY CHARCTERI ZED ON THIS INCOMPLETE MOTION DEGRADED
STUDY.I WOULD FAVOR FULL THICKNESS TEAR OVER THAT OF A HIGH
GRADE PARTIAL THICKNESS TEAR. FINDINGS ARE SUPERIMPOSED ON
TENDINOSIS.
2. INFRASPINATUS TENDINOSIS.
3. ACROMIOCLAVICULAR HYPERTROPHIC CHANGES WITH TYPE II ACROMION.
4. GLENOHUMERAL JOINT SPACE NARROWING WITH THINNING OF TH
GLENOHUMERAL CHONDRAL SURFACE WITH EROSION AND SUPERDICIAL TEAR
INVOLVING THE ANTERIOR AND POSTERIOR LABRUM
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
5. SUBCORTICAL REACTIVE CHANGES AT THE CONVEXITY OF THE HUMERAL
HEAD
6. THERE IS FLUID IN SUBACROMIAL BURSA
7. THE PATIENT TERMINATED THE STUDY PRIOR TO COMPLETITION, IMAGES
THAT WERE COMPLETED ARE MOTION DEGARDED AND THE STUDY IS
COMPLETED WITHIN THE PATIENT'S LIMITS IN THIS RESPECT.
CERVICAL SPINE SPRAIN/STRAIN WITH MULTILIGAMENTOUS INJURY
LUMBAR SPINE SPRAIN/STRAIN WITH MULTILIGAMENTOUS INJURY
LEFT SHOULDER ROTATOR CUFF TENDON TEAR/ROTATOR CUFF TENDINOSIS/SLAP
AND LABRUM TEAR
RIGHT SHOULDER SPRAIN/STRAIN WITH CONTUSION WITH THE TRAMATIC ROTOR
CUFF TENDINITIS.INTERNAL DERANGEMENT
Cervical
• Sprain;
• Strain;
• Severe pain;
• Swelling;
• Tenderness;
• Stif fness;
• Marked restriction in range of motion
Lumbar Spine
• Sprain;
• Strain;
• Severe pain;
• Swelling ;
• Tenderness;
• Stif fness;
• Marked restriction in range of motion;
OTHER INJURIES
• Inability to perform everyday functions such as but
not limited to:
• Overhead movement;
• Behind back movement;
• Raising arms;
• Prolonged walking;
• Prolonged standing;
• Ascending stairs;
• Descending stairs;
• Lying down;
• Standing up from a sitting position;
• Bending down;
• Twisting body;
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
• Squatting;
• Head pain;
• objects;
Carrying/Lifting heavy
• RANGE OF MOTION LIMITATION IN BOTH SHOULDERS, BACK AND
NECK.
• Headaches.
In addition, the above has caused the plaintiff to suffer from pain and
soreness of those areas surrounding the injured tissues and affected the full,
free and normal use and function of the aforesaid regions, all of which have
residual conditions which still persist and which upon information and belief,
except for those of a superficial nature, will be permanent;
In addition, the plaintiff will claim psychological and emotional
injuries which have been, are being, or will be suffered in the future as a
direct result of the aforementioned injuries consisting, more particularly, of
the following;
Extreme emotional distress, nervousness, tension, anxiety, fear,
embarrassment, humiliation and frustration as a result of plaintiff's constant
severe pain and discomfort, and from the inability to do all things associated
with normal physical activities, especially those things associated with
normal household, recreational and work activities and other daily and usual
activities, duties and responsibilities required to be performed by the
plaintiff, both now and in the future.
In addition, the plaintiff will claim each and every.injury contained in
the medical reports which have been or which will be forwarded to the
defendant, pursuant to the rules governing the exchange of medical
information.
The plaintiff's injury will also necessitate future treatment and/or
surgery for the rest of her life.
15. Specific dates of treatments are contained in the medical records for
which authorizations are annexed hereto. The plaintiff was confined to bed and
home for several months following the accident and for intermittent days to
date except where personal needs required leaving home. Plaintiff has been
totally disabled since the date of the accident.
16-18. Objection, beyond the scope of the bill of particulars. Without
waving as much see number 13-14 above. Not a MVA accident.
19-20. See number 15 above.
21-23. Objection, no claim for lost earnings is being made.
24. VIOLATIONS: Request to set forth "by Section every statute,
regulations, ordinance,rule, order and requirement of the Federal, State,
County, Village, Town or City government of any and all of their departments,
Defendant"
divisions and bureau alleged violated by the is palpably improper
insofar as it constitutes an improper interrogatory. Moreover, same is
evidentiary in nature, outside the scope of CPLR §3043 et seq., subject to
further discovery procedures, not a proper demand for a Bill of Particulars,
and for all other reasons contained in the CPLR and applicable case law.
Pursuant to the holding in Langella v. D'Agostino, 471 N.Y.S. 2nd 454, where
no specific allegation of a Defendant's violation of law has been made in a
Complaint, such violations need not be particularized until all disclosure has
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
been completed.
25-27. Home ress:2245 Randall Avenue, 7J, Bronx NY 10473
DOB:
SSN
Demand is made that plaintiff's SSN, DOB AND ADDRESS are redacted before this
document is used as a Court document.
28-29. SPECIAL DAMAGES/TREATING FACILITIES:
Dr. Mitchell M. Zeren/Concourse Chiropractic
2488 Grand Concourse, Suite 310
Bronx, NY 10458. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . approx. $8, 500. 00
William Baker, MD
930 E Tremont Ave,
The Bronx, NY 10460. . . .. . . .. . . .. . . .. . . .. . . .. . .. .... . .. approx. $6, 500. 00
STANDUP MRI OF THE BRONX
2 050 EASTCHESTER ROAD, SUITE 1B
BRONX, NY 10461. . . .. . .. . . . .. . . .. . .. . . . .. . .. . . .. . . . approx. $2, 500. 00
GABRIEL L. DASSA
2488 GRAND CONCOURSE THIRD FLOOR
BRONX NY 10458. . .. . . . .. . . .. . . .. . .. . . .. . . .. . . .. . . approx. $4, 500. 00
VISTA MEDICAL REHAB PC
2488 GRAND CONCOURSE
BRONX NY 10458 . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. approx. $2, 500. 00
Plaintif f reserves the right to supplement this response as additional
information is obtained and/or additional expenses incurred.
30 . Objection, this demand is palpably improper insof ar as it constitutes
an improper interrogatory. Moreover, same is evidentiary in nature,
et-
outside the scope of CPLR §3043 seq. , subject to further discovery
procedures, not a proper demand for a Bill of Particulars, and for all
other reasons contained in the CPLR and applicable case law.
31. Obj ection, this demand is palpably improper insofar as it constitutes
an improper interrogatory. Moreover, same is evidentiary in nature,
outside the scope of CPLR §3043 et seq., subject to further discovery
procedures, not a proper demand for a Bill of Particulars, and for all
other reasons contained in the CPLR and applicable case law. In addition,
asked and answered without waving as much see number 6-9 above.
32 . Objection, this demand is palpably improper insofar as it constitutes
an improper interrogatory. Moreover, same is evidentiary in nature,
outside the scope of CPLR §3043 et seq. , subject to further discovery
procedures, not a proper demand for a Bill of Particulars, and for all
other reasons contained in the CPLR and applicable case law. Without
waving as much see above specifically number answer number 2.
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E I
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
33-34. Objection, this demand is palpably improper insofar as it
constitutes an improper interrogatory. Moreover, same is evidentiary in
nature, outside the scope of CPLR 53043 et seq., subject to further
discovery procedures, not a proper demand for a Bill of Particulars, and
for all other reasons contained in the CPLR and applicable case law.
35-36. No claim for loss of services is being made at this time.
Plaintiff reserves the right to supplement/amend these responses as
additional information is obtained and/or become known.
DATED: New York, New York
February 4, 2021
Yo s tc.,
L UIS C. FIABANE
A torney for Plaintiff
f fice and P .O. Address
304 East 49th Street
New York, NY 10017
(212) 888-8922
To: KREZ & F LORE S, LLP
At torney f or De fendant NYCHA
225 — Suite 2800
Broadway
New York, NY 10007
212-266-0400
Corporation Counsel
Attorney for defendant New York
100 Church Street
New York, NY 10007
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
---------------------------------------X
LINDA THOMAS, Index No: 800148/21E
Plaintiff(s),
COMBINED RESPONSES
-against-
NEW YORK CITY HOUSING AUTHORITY AND
THE CITY OF NEW YORK,
Defendant(s),
---------------------------------------X
PLEASE TAKE NOTICE, that the plaintiff, pursuant to the demands of the
Defendants, sets forth the following response.
1. WITNESSES: None known at this time except any that may be on any incident
reports generated by either defendant.
2. WRITTEN STATEMENTS: The plaintif f s are not in pos ses sion of any written
statements made by the defendants.
3. EXPERT WITNESSES : No experts have been retained at this time.
4. AUTHORIZATIONS: Authorizations for medical records are attached hereto.
5. PHOTOGRAPHS: Attached hereto are black and white p 6tos. If laser quality
colored photos are desired, please forward this office $ .
Dated: New York, New York
January 25, 2021
Yo rs, etc.,
L UIS C. FIABANE
ttorney for Plaintiff
ffice and P.O. Address
3d4 East 49th Street
New York, NY 10017
(212) 888-8922
To: KREZ & FLORES, LLP
Attorney for Defendant NYCHA
225 - Suite 2800
Broadway
New York, NY 10007
212-266-0400
Corporation Counsel
Attorney for defendant New York
100 Church Street
New York, NY 10007
Preview
FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------- ----------------- ---X Index No: 800148/21E LINDA THOMAS, Plaintiff(s), VERIFIED BILL OF PARTICULARS -against- NEW YORK CITY HOUSING AUTHORITY AND THE CITY OF NEW YORK, Defendant(s) . ---------------------------------------X PLEASE TAKE NOTICE, that the plaintiff, pursuant to Rule 3043 of the Civil Practice Law and Rules, and pursuant to the demands of the NEW Defendant(s), YORK CITY HOUSING AUTHORITY sets forth the particulars with respect following to the allegations of the complaint herein. 1. DOA: 7/15/2020 at 10:30 PM. approximately 2. LOA: Inside the premises identified as 2245 RANDALL in the COUNTY AVENUE, OF BRONX, City and State of New York. More inside the bathroom specifically located inside apartment 7J. Additional information is beyond the scope of the bill of particulars. 3. NEGLIGENCE: That the defendants, their agents, servants and/or employees were negligent and guilty of culpable conduct, in negligently, carelessly causing, creating and permitting said premises to be and remain in an unsafe and dangerous condition; in failing to keep and properly maintain said premises free from hazards and obstructions; in failing to employ, train and supervise competent individuals for the purposes of preventing this foreseeable occurrence; in failing to properly inspect and/or provide suitable means of protecting and safeguarding persons at the premises and in otherwise being careless; in failing to keep and maintain said premises free from hazards; in causing, allowing, creating, and permitting said defective condition to remain and exist for a long period of time; in negligently permitting and suffering said premises to be and remain dangerous to persons passing along; in causing creating, suffering and permitting said defective condition to remain and exist for a long period of time thereon; in negligently and carelessly using said premises for their benefit; in causing, permitting, and creating a nuisance thereon; in failing to place warning signs and/or cones; in failing to notify or warn persons lawfully using said premises about said conditions; in failing to properly maintain, inspect said premises; in causing, permitting and allowing the ceiling to become rotten, defective, brittle, decaying, brittle, .dry and otherwise hazardous; in failing to properly maintain said ceiling; in failing to place any warning barricades around the ceiling area; in failing to inspect and repair the ceiling; in negligently repairing the ceiling and surrounding area; in causing the plaintiff to be atruck by fallins deba.ie and/ut ceiling; in placing the plaintiff in a known dangerous area; in causing plaintiff to slip and fall; in failing to repair a leak; in negligently repairing a leak; in failing to properly train employees; in installing the ceiling negligently; in failing to provide a safe place to sit; in negligently and carelessly using said premises for its benefit; that the aforesaid occurrence was caused by the negligence, careless, recklessness and culpable conduct of the defendant, its agents, servants, and/or employees in the ownership, operation, maintenance, FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E O NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 management and control of the premises and work area aforementioned to be, become and remain in an unsafe hazardous and dangerous condition; in failing to hire and/or supervise competent personnel to maintain the condition of said ceiling; and in otherwise being careless and negligent in causing the aforementioned accident. In addition, defendants violated the applicable regulations, ordinances and statutes of the City and State of New York. 4-5. Objection, this demand is palpably improper insofar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, outside the scope of CPLR §3043 et seq., subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. In addition, asked and answered. 6-9. NOTICE: Actual notice is claimed in that the defendants, by their agents, servants and/or employees created, caused and/or knowingly permitted and allowed the dangerous and hazardous conditions and activities to exist and continue. The specific identity of those individuals charged with actual notice are currently within the exclusive knowledge and possession of the answering defendant herein. Constructive notice is also claimed in that said dangerous and hazardous conditions and activities existed and continued for a reasonably sufficient period of time prior to the date of the occurrence to enable knowledge and warrant correction on the part of the answering defendant herein. Complaint number 72055447 10-11. Objection, beyond scope of the bill of particulars, without waving as much this knowledge is exclusively in the possession of the answering defendants. 12. Objection, this demand is palpably improper insofar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, outside the scope of CPLR §3043 et seq., subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. 13-14. INJURIES: As a result of the subject occurrence, the plaintiff sustained the following injuries, all of which are believed to be permanent, except those of a superficial nature: ABNORM AL MRI OF THE LEFT SHOULDER REVEALED: 1. SUPRASPINATUS TENDON TEAR APPROXIMATELY 1 CM IN SIZE. ALTHOUGH NOT OPTIMALLY CHARCTERI ZED ON THIS INCOMPLETE MOTION DEGRADED STUDY.I WOULD FAVOR FULL THICKNESS TEAR OVER THAT OF A HIGH GRADE PARTIAL THICKNESS TEAR. FINDINGS ARE SUPERIMPOSED ON TENDINOSIS. 2. INFRASPINATUS TENDINOSIS. 3. ACROMIOCLAVICULAR HYPERTROPHIC CHANGES WITH TYPE II ACROMION. 4. GLENOHUMERAL JOINT SPACE NARROWING WITH THINNING OF TH GLENOHUMERAL CHONDRAL SURFACE WITH EROSION AND SUPERDICIAL TEAR INVOLVING THE ANTERIOR AND POSTERIOR LABRUM FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 5. SUBCORTICAL REACTIVE CHANGES AT THE CONVEXITY OF THE HUMERAL HEAD 6. THERE IS FLUID IN SUBACROMIAL BURSA 7. THE PATIENT TERMINATED THE STUDY PRIOR TO COMPLETITION, IMAGES THAT WERE COMPLETED ARE MOTION DEGARDED AND THE STUDY IS COMPLETED WITHIN THE PATIENT'S LIMITS IN THIS RESPECT. CERVICAL SPINE SPRAIN/STRAIN WITH MULTILIGAMENTOUS INJURY LUMBAR SPINE SPRAIN/STRAIN WITH MULTILIGAMENTOUS INJURY LEFT SHOULDER ROTATOR CUFF TENDON TEAR/ROTATOR CUFF TENDINOSIS/SLAP AND LABRUM TEAR RIGHT SHOULDER SPRAIN/STRAIN WITH CONTUSION WITH THE TRAMATIC ROTOR CUFF TENDINITIS.INTERNAL DERANGEMENT Cervical • Sprain; • Strain; • Severe pain; • Swelling; • Tenderness; • Stif fness; • Marked restriction in range of motion Lumbar Spine • Sprain; • Strain; • Severe pain; • Swelling ; • Tenderness; • Stif fness; • Marked restriction in range of motion; OTHER INJURIES • Inability to perform everyday functions such as but not limited to: • Overhead movement; • Behind back movement; • Raising arms; • Prolonged walking; • Prolonged standing; • Ascending stairs; • Descending stairs; • Lying down; • Standing up from a sitting position; • Bending down; • Twisting body; FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 • Squatting; • Head pain; • objects; Carrying/Lifting heavy • RANGE OF MOTION LIMITATION IN BOTH SHOULDERS, BACK AND NECK. • Headaches. In addition, the above has caused the plaintiff to suffer from pain and soreness of those areas surrounding the injured tissues and affected the full, free and normal use and function of the aforesaid regions, all of which have residual conditions which still persist and which upon information and belief, except for those of a superficial nature, will be permanent; In addition, the plaintiff will claim psychological and emotional injuries which have been, are being, or will be suffered in the future as a direct result of the aforementioned injuries consisting, more particularly, of the following; Extreme emotional distress, nervousness, tension, anxiety, fear, embarrassment, humiliation and frustration as a result of plaintiff's constant severe pain and discomfort, and from the inability to do all things associated with normal physical activities, especially those things associated with normal household, recreational and work activities and other daily and usual activities, duties and responsibilities required to be performed by the plaintiff, both now and in the future. In addition, the plaintiff will claim each and every.injury contained in the medical reports which have been or which will be forwarded to the defendant, pursuant to the rules governing the exchange of medical information. The plaintiff's injury will also necessitate future treatment and/or surgery for the rest of her life. 15. Specific dates of treatments are contained in the medical records for which authorizations are annexed hereto. The plaintiff was confined to bed and home for several months following the accident and for intermittent days to date except where personal needs required leaving home. Plaintiff has been totally disabled since the date of the accident. 16-18. Objection, beyond the scope of the bill of particulars. Without waving as much see number 13-14 above. Not a MVA accident. 19-20. See number 15 above. 21-23. Objection, no claim for lost earnings is being made. 24. VIOLATIONS: Request to set forth "by Section every statute, regulations, ordinance,rule, order and requirement of the Federal, State, County, Village, Town or City government of any and all of their departments, Defendant" divisions and bureau alleged violated by the is palpably improper insofar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, outside the scope of CPLR §3043 et seq., subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. Pursuant to the holding in Langella v. D'Agostino, 471 N.Y.S. 2nd 454, where no specific allegation of a Defendant's violation of law has been made in a Complaint, such violations need not be particularized until all disclosure has FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 been completed. 25-27. Home ress:2245 Randall Avenue, 7J, Bronx NY 10473 DOB: SSN Demand is made that plaintiff's SSN, DOB AND ADDRESS are redacted before this document is used as a Court document. 28-29. SPECIAL DAMAGES/TREATING FACILITIES: Dr. Mitchell M. Zeren/Concourse Chiropractic 2488 Grand Concourse, Suite 310 Bronx, NY 10458. . . .. . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . approx. $8, 500. 00 William Baker, MD 930 E Tremont Ave, The Bronx, NY 10460. . . .. . . .. . . .. . . .. . . .. . . .. . .. .... . .. approx. $6, 500. 00 STANDUP MRI OF THE BRONX 2 050 EASTCHESTER ROAD, SUITE 1B BRONX, NY 10461. . . .. . .. . . . .. . . .. . .. . . . .. . .. . . .. . . . approx. $2, 500. 00 GABRIEL L. DASSA 2488 GRAND CONCOURSE THIRD FLOOR BRONX NY 10458. . .. . . . .. . . .. . . .. . .. . . .. . . .. . . .. . . approx. $4, 500. 00 VISTA MEDICAL REHAB PC 2488 GRAND CONCOURSE BRONX NY 10458 . .. . . .. . . .. . . .. . . .. . . .. . . .. . .. . . .. approx. $2, 500. 00 Plaintif f reserves the right to supplement this response as additional information is obtained and/or additional expenses incurred. 30 . Objection, this demand is palpably improper insof ar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, et- outside the scope of CPLR §3043 seq. , subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. 31. Obj ection, this demand is palpably improper insofar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, outside the scope of CPLR §3043 et seq., subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. In addition, asked and answered without waving as much see number 6-9 above. 32 . Objection, this demand is palpably improper insofar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, outside the scope of CPLR §3043 et seq. , subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. Without waving as much see above specifically number answer number 2. FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E I NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 33-34. Objection, this demand is palpably improper insofar as it constitutes an improper interrogatory. Moreover, same is evidentiary in nature, outside the scope of CPLR 53043 et seq., subject to further discovery procedures, not a proper demand for a Bill of Particulars, and for all other reasons contained in the CPLR and applicable case law. 35-36. No claim for loss of services is being made at this time. Plaintiff reserves the right to supplement/amend these responses as additional information is obtained and/or become known. DATED: New York, New York February 4, 2021 Yo s tc., L UIS C. FIABANE A torney for Plaintiff f fice and P .O. Address 304 East 49th Street New York, NY 10017 (212) 888-8922 To: KREZ & F LORE S, LLP At torney f or De fendant NYCHA 225 — Suite 2800 Broadway New York, NY 10007 212-266-0400 Corporation Counsel Attorney for defendant New York 100 Church Street New York, NY 10007 FILED: BRONX COUNTY CLERK 06/03/2021 12:19 PM INDEX NO. 800148/2021E NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 06/03/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------X LINDA THOMAS, Index No: 800148/21E Plaintiff(s), COMBINED RESPONSES -against- NEW YORK CITY HOUSING AUTHORITY AND THE CITY OF NEW YORK, Defendant(s), ---------------------------------------X PLEASE TAKE NOTICE, that the plaintiff, pursuant to the demands of the Defendants, sets forth the following response. 1. WITNESSES: None known at this time except any that may be on any incident reports generated by either defendant. 2. WRITTEN STATEMENTS: The plaintif f s are not in pos ses sion of any written statements made by the defendants. 3. EXPERT WITNESSES : No experts have been retained at this time. 4. AUTHORIZATIONS: Authorizations for medical records are attached hereto. 5. PHOTOGRAPHS: Attached hereto are black and white p 6tos. If laser quality colored photos are desired, please forward this office $ . Dated: New York, New York January 25, 2021 Yo rs, etc., L UIS C. FIABANE ttorney for Plaintiff ffice and P.O. Address 3d4 East 49th Street New York, NY 10017 (212) 888-8922 To: KREZ & FLORES, LLP Attorney for Defendant NYCHA 225 - Suite 2800 Broadway New York, NY 10007 212-266-0400 Corporation Counsel Attorney for defendant New York 100 Church Street New York, NY 10007