Preview
FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
____-_--_____-_-_ ..... ---------X
AARON BROWN, Index No.: 151006/2018
Plaintiff, RESPONSE TO DEMAND FOR
BILL OF PARTICULARS AS
-against- TO AFFIRMATIVE DEFENSES
LAUREN B. GORDON,
Defendant.
__............
.. ---------------------------- ----X
Defendant, by her attorneys, THE LAW OFFICE OF JAMES J. TOOMEY, as and for its
response to DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES
dated August 14, 2018, states the following, upon information and belief:
plaintiffs'
1-2. Without admjeting that the allegations set forth in the complaint are
true, these defendants allege that any and all of plaintiff's alleged injuries were wholly or
partially caused by plaintiff's comparative negligence. The plaintiff was negligent in failing to
avail herself of seat belts, shoulder harñêss, or other safety control devices in the motor vehicle
in which plaintiff was a driver at the time and place of the alleged accident, use of which would
have mitigated, in whole or in part, the injuries which plaintiff alleges she sustained; in failing to
see what there was to be seen, to pay attention to his surro'mdings, to take heed of the fact that an
accident was about to occur and/or to then take any available steps to take himself out of the line
of danger and or avoid injury; in failing to observe traffic conditions immediately prior to the
occurrence in to brace himself in the in to safeguard his own well-
herein; failing vehicle; failing
being; in failing to conduct himself as reasonable passenger under the conditions than and there
existing; and further acts of negligence of which these defendants currently lack knowledge, but
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FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018
of which it should leam through depositions herein. Should there defendants secure such
defendants'
knowledge, this aspect of bill of particulars will be supplemented accordingly.
3. Answering defendant is not in the position to deteñüine whether any other
persons caused, continued and/or contributed to plaintiff's injuries and/or damages until the
completion of further discovery. This defendant reserves itsright to amend and/or supplement
this response at a later date.
4. The acts and/or omissions which the defendant claims were the contributory
negligence, assumption of risk, culpable conduct, negligence, carelessness and recldessness of
the plaintiff, AARON BROWN, consisted of one or some of the acts as hereiñafter alleged:
The plaintiff acted negligently, reckless and in in a manner inconsistent with the
cãrelessly acting
actions of a reasonable person; if in fact the incident occurred in the manner described by the
plaintiff, said plaintiff acted negligently, recklessly and carelessly in failing to pay adequate
attention to the ground/floor upon which she was walking; in that if plaintiff tripped and fell,the
plaintiff's failure to take adeqüate care and failure to notice and/or walk around and avoid a
dangerous and hazardous condition, ifany existed, then plaintiff's failure is a direct causal action
which resulted in the alleged incident; the plaintiff acted negligently, recklessly and carelessly in
failing to see what was there to be seen.
5. See Response to #5, above.
6. The degree, extent and/or proportion to which itwill be claimed plaintiff's alleged
injuries and/or damages are diminished by plaintiff's alleged negligence cannot be determined
until the completion of further discovery. This defendant reserves itsright to amend and/or
supplement this response at a later date.
7-14. Answering defendants object to this demand as being improper for a Bill of
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FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018
Particulars as itcalls for a material of an evideñtiary nature and for legal and expert conclusions.
Without waiving said objections, itis claimed that the use of said seatbelts and/or devices would
have prevented and/or reduced plaintiff's injury.
15. Answering defendant Objects to this demand as this is an improper demand for a
bill of particulars and goes beyond the scope of CPLR §3043. Without waiving said objection,
the Court take judicial notice at the time of trial of all statutes, laws, ordiñañces, rules and
regulations violated by the plaintiff.
PLEASE TAKE NOTICE, that defendant reserves itsrights to supplement or aniend this
respense, up to and including the date set for trialof the within action.
Dated: New York, New York
October 29, 2018
Yours, etc.
Law Office-Of-
A191ES J. TOOME
By: MATTHEW J. RODRIGUEZ
Attorneys for Defendant
LAUREN B. GORDON
Address2
Mailing
P.O. Box 2903
Hartford, CT 06104-2903
T: (917) 778-6600
F: (877) 890-1328
Matter No.: 2018055915 /MJR
TO:
MARDER, ESKESEN & NASS, ESQS.
Attorneys for Plaintiff
AARON BROWN
37th
450 Seventh Avenue, flOOr
New York, NY 10123
T: (212) 967-1122
2 Office
Address:485 Lexington 7d'
Avenue, Floor, New York,
NY 10017
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FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No.: 151006/2018
AARON BROWN,
Plaintiff,
-against-
IAUREN B. GORDON,
Defendant.
__
RESPONSE TO DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE
DEFENSES
Law Office of
JAMES J. TOOMEY
Attorneys for Defendant
Lauren B. Gordon
Mailing Address:
P.O. Box 2903
Hartford, CT 06104-2903
Office Address
485 Lexington 7th Floor
Avenue,
New York, New York 10017
Tel. No.: (917) 778-6600
__ Right Fax No.: (877) 890-1328
dalPursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice inthe courts
of New York State, certifies that,upon inforrnation and beliefand reasonable inquiry, the contentions
contained in the annexed document are not frivolous.
Dated: Signature:
PrintSigner'sNames:
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
NOTICE OF ENTRY:
PLEASE TAKE NOTICE thatthe within is a true copy of an order entered in ofliceof the Clerk of the
above Court on the __ day of 20 .
NOTICE OF SETTLEMENT:
n
PLEASE TAKE NOTICE that thewithin proposed orderwillbe presented forsettlement and entryat the
Courthouse on the day of 20 , at10:00 a.m. at the office
of the Clerk of thePart of thisCourt
where the within desèribed motion was heard.
Dated: New York, New York Law Office of
JAMES J. TOOMEY
Attorneys for Defendant(s)
As Designated Above
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Preview
FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ____-_--_____-_-_ ..... ---------X AARON BROWN, Index No.: 151006/2018 Plaintiff, RESPONSE TO DEMAND FOR BILL OF PARTICULARS AS -against- TO AFFIRMATIVE DEFENSES LAUREN B. GORDON, Defendant. __............ .. ---------------------------- ----X Defendant, by her attorneys, THE LAW OFFICE OF JAMES J. TOOMEY, as and for its response to DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES dated August 14, 2018, states the following, upon information and belief: plaintiffs' 1-2. Without admjeting that the allegations set forth in the complaint are true, these defendants allege that any and all of plaintiff's alleged injuries were wholly or partially caused by plaintiff's comparative negligence. The plaintiff was negligent in failing to avail herself of seat belts, shoulder harñêss, or other safety control devices in the motor vehicle in which plaintiff was a driver at the time and place of the alleged accident, use of which would have mitigated, in whole or in part, the injuries which plaintiff alleges she sustained; in failing to see what there was to be seen, to pay attention to his surro'mdings, to take heed of the fact that an accident was about to occur and/or to then take any available steps to take himself out of the line of danger and or avoid injury; in failing to observe traffic conditions immediately prior to the occurrence in to brace himself in the in to safeguard his own well- herein; failing vehicle; failing being; in failing to conduct himself as reasonable passenger under the conditions than and there existing; and further acts of negligence of which these defendants currently lack knowledge, but 1 of 4 FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018 of which it should leam through depositions herein. Should there defendants secure such defendants' knowledge, this aspect of bill of particulars will be supplemented accordingly. 3. Answering defendant is not in the position to deteñüine whether any other persons caused, continued and/or contributed to plaintiff's injuries and/or damages until the completion of further discovery. This defendant reserves itsright to amend and/or supplement this response at a later date. 4. The acts and/or omissions which the defendant claims were the contributory negligence, assumption of risk, culpable conduct, negligence, carelessness and recldessness of the plaintiff, AARON BROWN, consisted of one or some of the acts as hereiñafter alleged: The plaintiff acted negligently, reckless and in in a manner inconsistent with the cãrelessly acting actions of a reasonable person; if in fact the incident occurred in the manner described by the plaintiff, said plaintiff acted negligently, recklessly and carelessly in failing to pay adequate attention to the ground/floor upon which she was walking; in that if plaintiff tripped and fell,the plaintiff's failure to take adeqüate care and failure to notice and/or walk around and avoid a dangerous and hazardous condition, ifany existed, then plaintiff's failure is a direct causal action which resulted in the alleged incident; the plaintiff acted negligently, recklessly and carelessly in failing to see what was there to be seen. 5. See Response to #5, above. 6. The degree, extent and/or proportion to which itwill be claimed plaintiff's alleged injuries and/or damages are diminished by plaintiff's alleged negligence cannot be determined until the completion of further discovery. This defendant reserves itsright to amend and/or supplement this response at a later date. 7-14. Answering defendants object to this demand as being improper for a Bill of 2 of 4 FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018 Particulars as itcalls for a material of an evideñtiary nature and for legal and expert conclusions. Without waiving said objections, itis claimed that the use of said seatbelts and/or devices would have prevented and/or reduced plaintiff's injury. 15. Answering defendant Objects to this demand as this is an improper demand for a bill of particulars and goes beyond the scope of CPLR §3043. Without waiving said objection, the Court take judicial notice at the time of trial of all statutes, laws, ordiñañces, rules and regulations violated by the plaintiff. PLEASE TAKE NOTICE, that defendant reserves itsrights to supplement or aniend this respense, up to and including the date set for trialof the within action. Dated: New York, New York October 29, 2018 Yours, etc. Law Office-Of- A191ES J. TOOME By: MATTHEW J. RODRIGUEZ Attorneys for Defendant LAUREN B. GORDON Address2 Mailing P.O. Box 2903 Hartford, CT 06104-2903 T: (917) 778-6600 F: (877) 890-1328 Matter No.: 2018055915 /MJR TO: MARDER, ESKESEN & NASS, ESQS. Attorneys for Plaintiff AARON BROWN 37th 450 Seventh Avenue, flOOr New York, NY 10123 T: (212) 967-1122 2 Office Address:485 Lexington 7d' Avenue, Floor, New York, NY 10017 3 of 4 FILED: NEW YORK COUNTY CLERK 11/08/2018 01:07 PM INDEX NO. 151006/2018 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 11/08/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 151006/2018 AARON BROWN, Plaintiff, -against- IAUREN B. GORDON, Defendant. __ RESPONSE TO DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES Law Office of JAMES J. TOOMEY Attorneys for Defendant Lauren B. Gordon Mailing Address: P.O. Box 2903 Hartford, CT 06104-2903 Office Address 485 Lexington 7th Floor Avenue, New York, New York 10017 Tel. No.: (917) 778-6600 __ Right Fax No.: (877) 890-1328 dalPursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice inthe courts of New York State, certifies that,upon inforrnation and beliefand reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: Signature: PrintSigner'sNames: Service of a copy of the within is hereby admitted. Dated: Attorney(s) for NOTICE OF ENTRY: PLEASE TAKE NOTICE thatthe within is a true copy of an order entered in ofliceof the Clerk of the above Court on the __ day of 20 . NOTICE OF SETTLEMENT: n PLEASE TAKE NOTICE that thewithin proposed orderwillbe presented forsettlement and entryat the Courthouse on the day of 20 , at10:00 a.m. at the office of the Clerk of thePart of thisCourt where the within desèribed motion was heard. Dated: New York, New York Law Office of JAMES J. TOOMEY Attorneys for Defendant(s) As Designated Above 4 of 4