On December 29, 2017 a
DEMAND FOR BILL OF PARTICULARS
was filed
involving a dispute between
Terry R. Lindsey,
and
Jared David Rogers,
Turf Tamerz, Inc.,
for Torts - Motor Vehicle
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 02/27/2018 09:09 AM INDEX NO. 000018/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/27/2018
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
TERRY R. LINDSEY,
DEMAND FOR VERIFIED
Plaintiff, BILL OF PARTICULARS
-against- Index No.: 000018/2018
JARED DAVID ROGERS
and TURF TAMERZ, INC.,
Defendants.
PLEASE TAKE NOTICE that the plaintiff, by her attorneys Greene & Reid, PLLC, hereby
demands that the defendants serve upon the undersigned within thirty (30) days of the date of service
of this demand, a verified bill of particulars specifying the following:
defendants'
1. As to first affirmative defense, a statement of the alleged culpable
conduct on the part of the plaintiff which was the cause of or contributed to the accident, injuries
and/or damages alleged in plaintiffs complaint, further stating:
(a) in what way the accident, injuries and/or damages were caused and
contributed to by plaintiff's alleged culpable conduct; and
(b) those injuries and damages defendants will claim were caused and/or
contributed to by plaintiff's alleged culpable conduct.
defendants'
2. As to second affirmative defense, set forth the facts and basis for
defendants'
assertion that the plaintiff did not use an available seat belt and shoulder harness thereby
causing or contributing to the injuries and damages complained of in plaintiff's complaint, further
stating:
(a) in what way the injuries and/or damages were caused or contributed to by
plaintiff's alleged failure to wear an available seat belt and shoulder harness;
(b) those injuries and damages defendants will claim were caused and/or
contributed to by plaintiff's alleged failure to wear an available seat belt and
shoulder harness.
GREENE & REl D LLP
AT IAW
ATrORNEYS
173INTREPID
LANE
NEWYORK13205-25388
SYRACUSE,
TELNO.315/4929665
1 of 3
FILED: ONONDAGA COUNTY CLERK 02/27/2018 09:09 AM INDEX NO. 000018/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/27/2018
defendants'
3. As to third affirmative defense, set forth the facts and basis for
defendants'
assertion that the causes of action alleged in the complaint are barred by the applicable
statute of limitations.
defendants'
4. As to fifth affirmative defense, set forth the facts and basis for
defendants'
assertion that plaintiff's damages should be reduced to the extent that the plaintiff failed
to mitigate those damages alleged in her complaint.
defendants'
5. As to seventh affirmative defense, set forth the facts and basis for
defendants'
assertion that the incident and damages alleged in the complaint were caused or brought
about by the negligence of a third person or third persons, identifying those person(s), over whom
these defendants had no control and for whose acts these defendants are not responsible.
defendants'
6. As to eighth affirmative defense, set forth the facts and basis for
defendants'
assertion that the plaintiff's complaint failsto state a cause of action for which relief can
be granted and should therefore be dismissed.
defendants'
7. As to ninth affirmative defense, set forth the facts and basis for
defendants'
assertion that the plaintiff did not suffer a serious injury as defined in Article 51 of the
Insurance Law of the State of New York.
PLEASE TAKE FURTHER NOTICE that in the event of your failure to furnish said bill
of particulars as above demanded, the undersigned will move for an order in the above-entitled
action precluding the giving of evidence at the trial herein with reference to the items of which
particulars have not been delivered.
Dated: February 27, 2018
Jeffr . P eroy, Esq.
G E REID, PLLC
Attorneys for Plaintiff
173 Intrepid Lane
Syracuse, New ork 13205
(315) 492-9 5
GREENE & RElD LLP
ATTORNEYS
ATIAW
173INTREPID
LANE
NEWYORK13205-25388
SYRACUSE,
TEL R10.315/492+665
2 of 3
FILED: ONONDAGA COUNTY CLERK 02/27/2018 09:09 AM INDEX NO. 000018/2018
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/27/2018
O'
TO: Shannon T. O'Connor, Esq.
GOLDBERG SEGALLA, LLP
Attorneys for Defendants
5786 Widewaters Parkway
Syracuse, New York 13214
(315) 413-5400
GREENE & RE1D LLP
AT (AW
ATTORNEYS
IANE
173IwrREPID
NEWYORK13205-25388
SYRACUSE,
TEL NO.315/492-9665
3 of 3
Document Filed Date
February 27, 2018
Case Filing Date
December 29, 2017
Category
Torts - Motor Vehicle
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FILED: ONONDAGA COUNTY CLERK 02/27/2018 09:09 AM INDEX NO. 000018/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/27/2018 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA TERRY R. LINDSEY, DEMAND FOR VERIFIED Plaintiff, BILL OF PARTICULARS -against- Index No.: 000018/2018 JARED DAVID ROGERS and TURF TAMERZ, INC., Defendants. PLEASE TAKE NOTICE that the plaintiff, by her attorneys Greene & Reid, PLLC, hereby demands that the defendants serve upon the undersigned within thirty (30) days of the date of service of this demand, a verified bill of particulars specifying the following: defendants' 1. As to first affirmative defense, a statement of the alleged culpable conduct on the part of the plaintiff which was the cause of or contributed to the accident, injuries and/or damages alleged in plaintiffs complaint, further stating: (a) in what way the accident, injuries and/or damages were caused and contributed to by plaintiff's alleged culpable conduct; and (b) those injuries and damages defendants will claim were caused and/or contributed to by plaintiff's alleged culpable conduct. defendants' 2. As to second affirmative defense, set forth the facts and basis for defendants' assertion that the plaintiff did not use an available seat belt and shoulder harness thereby causing or contributing to the injuries and damages complained of in plaintiff's complaint, further stating: (a) in what way the injuries and/or damages were caused or contributed to by plaintiff's alleged failure to wear an available seat belt and shoulder harness; (b) those injuries and damages defendants will claim were caused and/or contributed to by plaintiff's alleged failure to wear an available seat belt and shoulder harness. GREENE & REl D LLP AT IAW ATrORNEYS 173INTREPID LANE NEWYORK13205-25388 SYRACUSE, TELNO.315/4929665 1 of 3 FILED: ONONDAGA COUNTY CLERK 02/27/2018 09:09 AM INDEX NO. 000018/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/27/2018 defendants' 3. As to third affirmative defense, set forth the facts and basis for defendants' assertion that the causes of action alleged in the complaint are barred by the applicable statute of limitations. defendants' 4. As to fifth affirmative defense, set forth the facts and basis for defendants' assertion that plaintiff's damages should be reduced to the extent that the plaintiff failed to mitigate those damages alleged in her complaint. defendants' 5. As to seventh affirmative defense, set forth the facts and basis for defendants' assertion that the incident and damages alleged in the complaint were caused or brought about by the negligence of a third person or third persons, identifying those person(s), over whom these defendants had no control and for whose acts these defendants are not responsible. defendants' 6. As to eighth affirmative defense, set forth the facts and basis for defendants' assertion that the plaintiff's complaint failsto state a cause of action for which relief can be granted and should therefore be dismissed. defendants' 7. As to ninth affirmative defense, set forth the facts and basis for defendants' assertion that the plaintiff did not suffer a serious injury as defined in Article 51 of the Insurance Law of the State of New York. PLEASE TAKE FURTHER NOTICE that in the event of your failure to furnish said bill of particulars as above demanded, the undersigned will move for an order in the above-entitled action precluding the giving of evidence at the trial herein with reference to the items of which particulars have not been delivered. Dated: February 27, 2018 Jeffr . P eroy, Esq. G E REID, PLLC Attorneys for Plaintiff 173 Intrepid Lane Syracuse, New ork 13205 (315) 492-9 5 GREENE & RElD LLP ATTORNEYS ATIAW 173INTREPID LANE NEWYORK13205-25388 SYRACUSE, TEL R10.315/492+665 2 of 3 FILED: ONONDAGA COUNTY CLERK 02/27/2018 09:09 AM INDEX NO. 000018/2018 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 02/27/2018 O' TO: Shannon T. O'Connor, Esq. GOLDBERG SEGALLA, LLP Attorneys for Defendants 5786 Widewaters Parkway Syracuse, New York 13214 (315) 413-5400 GREENE & RE1D LLP AT (AW ATTORNEYS IANE 173IwrREPID NEWYORK13205-25388 SYRACUSE, TEL NO.315/492-9665 3 of 3