Preview
FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018
RICHARD T. LAU & ASSOCIATES
ATTORNEYS AT LAW
Employees of The Law Department
State Farm Mutual Automobile Insurance Company
l
MichaelD. Abneril KathleenE. Fioretti 300 Jericho Quadran 260 Arthur T. Kontaxis ThomasS. Quinn, Jr.
MichaelleJ. Apollon Melinda K. Flecker le, Suite RichardT. Lau PaulRobertson
AlexanderBlishteyn FaziahGafur P.O. Box 9040 ChristineM. Laubis RussellAdamRothbort
Daniel Brown JosephG. Gallo Jericho, NY I 1753-9040 JaredR. Levy MohammadRubbani
Anna Bogunova JohnGhertone JeremyR. Maline IreneA. Schembri
JamesF. Butler JasonGines Telephone: (516) 229-6000 NicholasP.Mamounis BruceR. Smiley
Lisa E. Callies Nancy S. Goodman CharlesJ. Marchello RobertM. Smith
JosephCarolaIn FayeL. Gross Linda Meister PaulT. Spataro
RobertJ. Clasen JordanW. Grossman ElizabethM. Moeller Craig M. Stabenau
RichardCostiera Naftali Halpern JohnMorale LaurenJ. Tucker
Martin D. Dolitsky RichardHalpern Guy A. Moschetti SarahC. Varghese
MeganLynch Caruso ChristineA. Hilcken Anthony D. Nobile Anna Vaysberg
MarcellaGerbasiCrewe Jeffrey J. Hollander Nicole M. Paslow Mary K. White
Mitchell S.Feder MatthewC. Kelly Aditi Puri GeneW. Wiggins
ThomasFeehan ChristopherZanelotti
April 16, 2018
Harmon, Linder & Rogowsky, Esqs.
3 Park Avenue
23rd Floor, Suite 2300
New York, NY 10016
RE: Lewis v. Ellis (e)
File Number: 18NEWY09171
Index Number: 520719/17
Claim Number: 32-1466-9F9
Date of Loss: April 29, 2017
Dear Sir(s)/Madam(s):
Please find enclosed our Answer and Cross-claim with our Demands served in response
to the Complaint in the above captioned matter.
Please note that Melinda K. Flecker, Esq. is the attorney assigned to this case.
Your immediate attention to this matter is appreciate
Sincerel ,
Kathleen E. Fioretti, Esq.
Enclosures
KEF:lm
Law Office of Morris E. Barenbaum
1100 Coney Island Avenue, Suite 411
Brooklyn, NY 11230
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LEONARD C. LEWIS, DEMAND PURSUANT
TO CPLR 3102(a)
Plaintiff(s),
Index No: 520719/17
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(s),
Please take notice that pursuant to CPLR 3102(a) and CPLR Rule 2103(e), you are
hereby required to provide to the undersigned a list of those attorneys who have appeared in this
action together with their addresses and the name of the party for whom such attorney has
appeared.
Dated: Jericho, New York
April 16, 2018
Sincerely,
HARMON, LINDER 4 ROGOWSKY, ESQS. RICHARD T. LAU 4 ASSOCIATES
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Leonard C. Lewis Luther M. Rufus
3 Park Avenue P. O. Box 9040
23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260
New York, NY 10016 Jericho, NY 11753
(212) 732-3665 (516) 229-6000
HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171
Claim Number: 32-1466-9F9
LAW OFFICE OF MORRIS E. BARENBAUM
Personal Counsel for
Luther M. Rufus
1100 Coney Island Avenue
Suite 411
Brooklyn, NY 11230
(718) 252-8600
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LEONARD C. LEWIS, VERIFIED ANSWER
AND CROSS-CLAIM
Plaintiff(s),
Index No: 520719/17
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(s),
The defendant(s), Luther M. Rufus, answering the Complaint herein:
First: Admit(s) each and every allegation in the paragraph(s) of the Complaint
designated as follows: 3.
Second: Deny/denies each and every allegation in the paragraph(s) of the Complaint
designated as follows: 5, 6, 7, 8, and 11.
Third: Deny/denies any knowledge or information sufficient to form a belief as to the
truth of any of the allegations contained in the paragraph(s) of the Complaint designated as
follows: 1, 2 and 4.
Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the
Complaint designated as follows, and refers all questions of law to the Court: 9.
Fifth: Deny/denies any knowledge or information sufficient to form a belief as to the
truth of any of the allegations contained in the paragraph(s) of the Complaint designated as
follows, and refers all questions of law to the Court: 10.
The Defendant(s), Luther M. Rufus, Set(s) Forth the Following
Affirmative Defenses
Sixth: That whatever damage, personal injury, injury to property or wrongful death
the plaintiff(s) and/or the plaintiff(s)'s decedent may have sustained, if any, at the time and place
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alleged in the Complaint herein, or any amendments thereto, was caused by the carelessness,
negligence, recklessness, assumption of risk and culpable conduct and want of care on the part of
the plaintiff(s) and/or the plaintiff(s)'s decedent; and if any carelessness, negligence,
recklessness or culpable conduct upon the part of the answering defendant(s) caused or
contributed to such injury or wrongful death and damages to the plaintiff(s) and/or the plaintiff's
decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight
proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s)
and/or the plaintiff's decedent in causing the accident and any damages sustained.
Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered.
Eighth: Upon information and belief, some or all of the damages alleged in the
plaintiff(s)'s Complaint is/are barred and/or subject to the qualification of the provision of §
4545 of the CPLR.
Ninth: If it is determined that the plaintiff(s) failed to use available seat belts, the
defendant(s) plead(s) said fact in mitigation of damages.
Tenth: In the event that any person or entity liable or claimed to be liable for the
injuries or damages alleged in this action has been given or may hereafter be given a release or
covenant not to sue, the answering defendant(s) will be entitled to protection under New York
General Obligations Law 15-108 and the corresponding reduction of any damages that may be
determined to be due against the answering defendant(s).
Eleventh: The defendant(s) was/were faced with a sudden emergency not of his/her/their
own making and cannot be held liable for this accident.
Twelfth: The co-defendant, Alton Ellis, was the sole proximate cause of the alleged
accident.
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As and for a Cross-complaint Against the Co-defendant(s),
Alton A. Ellis, the Defendant(s) Respectfully Allege(s)
Thirteenth:That if the plaintiff(s) was/were caused to sustain damages as alleged in the
Complaint other than through his/her/their own carelessness, recklessness or negligence, then all
such damages would have been caused and/or brought about, in whole or in material part, by the
affirmative recklessness or failure of due care of the co-
wrong doing, fault, negligence,
defendant(s), Alton A. Ellis, without any similar acts of the answering defendant(s) contributing
thereto, and in the event that the answering defendant(s) should be held liable for any amount of
damages caused to the plaintiff(s), then a separate determination should be made as to the
proportion of relative responsibility and culpable conduct of the co-defendant(s), Alton A. Ellis,
and said co-defendant(s) shall be held liable over the answering defendant(s) for the full amount
of any verdict or judgment that the plaintiff(s) may recover against the answering defendant(s) or
for any part thereof, according to the proportionate share of fault of the defendant(s), Luther M.
Rufus.
Wherefore, the defendant(s), Luther M. Rufus, demand(s) judgment as follows:
a. dismissing the Complaint herein, together with the costs and disbursements of
this action; and
b. judgment over and against the co-defendant(s), Alton A. Ellis, for the full
amount of any judgment which may be obtained herein by the plaintiff(s), Leonard C.
Lewis, against the answering defendant(s), or in such amount as the Court or Jury may
direct in accordance with the relative responsibilities and culpabilities of the parties.
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Dated: Jericho, New York
April 16, 2018
Sincerely,
HARMON, LINDER 4 ROGOWSKY, ESQS. RICHARD T. LAU 4 ASSOCIATES
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Leonard C. Lewis Luther M. Rufus
3 Park Avenue P. O. Box 9040
23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260
New York, NY 10016 Jericho, NY 11753
(212) 732-3665 (516) 229-6000
HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171
Claim Number: 32-1466-9F9
LAW OFFICE OF MORRIS E. BARENBAUM
Personal Counsel for
Luther M. Rufus
1100 Coney Island Avenue
Suite 411
Brooklyn, NY 11230
(718) 252-8600
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STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned, an attorney admitted to practice in the courts of New York State,
shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of Ilichard T. Lau &
Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the
foregoing Answer and Cross-claim and knows the contents thereof; the same is true to
affirmant's own knowledge, except as to the matters therein stated to be alleged on information
and belief and that as to those matters affirmant believes it to be true. This verification is made
by affirmant and not by the defendant(s), in that the defendant(s), is/are not within the county
where undersigned has his/her office.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are as follows: investigations made relative to the subject matter, information and records in
his/her file.
The undersigned affirms that the foregoing statements are true,sunder the penalties of
perjury.
Dated: Jericho, NY
April 16, 2018
18NEWY09171
KATHLEEN E. FIORETTI, ESQ.
6
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
LEONARD C. LEWIS, DEMAND FOR
BILL OF PARTICULARS
Plaintiff(s),
Index No: 520719/17
-against-
ALTON A. ELLIS and LUTHER M. RUFUS,
Defendant(s),
Please take notice that pursuant to the applicable rules of the CPLR, the defendant(s)
demand(s) that you serve upon the undersigned within twenty days:
1. State any name used by each plaintiff other than specifically stated above.
2. The date, time of day of the claimed occurrence and its exact location.
3. Statement of the acts or omissions constituting the negligence claimed as they
allegedly relate to the defendant(s).
4. State by section and title, statutes, regulations, rules, ordinances and any other
laws it will be claimed were violated by the defendant(s).
5. State the nature, location and extent of claimed injuries.
a. State in detail which injuries are claimed to be permanent.
6. Length of time confined to: (a) hospital(s) giving name and address of hospital(s),
(b) bed, (c) house; (d) length of time totally disabled, (e) length of time partially disabled.
7a. State the occupation, employment or trade of the plaintiff(s) setting forth: (i)
name of employer(s); (ii) address of employer(s); (iii) name of the plaintiff direct supervisor(s)
(iv) the number of working days incapacitated; (v) rate of pay and (vi) total loss of earnings
claimed.
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7b. If the plaintiff(s) was a student/were students, state (i) the name and address of the
school(s), (ii) the dates the plaintiff(s) claim(s) to have been unable to attend school.
8. Separately, state the amounts claimed as special damages for each of the
following, itemizing special damages for each provider: (a) physician's services, (b) medical
supplies, (c) hospital charges, (d) x-ray expenses, (e) nurse's services, (f) loss of earnings, (g)
other expenses (itemized).
9. Provide the plaintiff(s)'s address, date of birth and social security and/or tax
identification number if an alien, please provide alien registration card number.
10. State the directions of travel of the parties at the time of the occurrence.
11. If loss of services, society and consortium is claimed, set forth: (a) the length of
time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party
claiming the loss; (c) the particular services claimed for loss of services, consortium, medical
expenses and other expenses.
12. If it is claimed that a dangerous and/or defective condition caused and/or
contributed to the occurrence alleged in the Complaint, set forth in detail each and every
condition, claimed to have been dangerous and/or defective, and how and in what manner each is
claimed to have been dangerous and/or defective and state how such condition(s) caused and/or
contributed to the alleged occurrence.
13. If actual notice of any dangerous and/or defective condition is claimed to have
been given and/or supplied to the defendant(s), set forth: (a) the names and addresses of any
persons by whom notice was given/supplied; (b) the names and addresses of any persons to
whom notice was given/supplied; (c) the time, date and place notice was given/supplied in each
instance.
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14. If constructive notice of any dangerous and/or defective condition is claimed was
given and/or supplied to the defendant(s), set forth: (a) the conditions by which notice was
supplied; (b) the time, date and place notice was had in each instance; (c) duration of condition
with the date(s) of inception constructive notice will be claimed to have been given defendant(s).
15. If medical payments or lost earning were obtained from any collateral source,
including but not limited to worker's compensation, no-fault, private health insurance, employee
benefit programs, prepaid health plans or other liability or first party coverage, state and/or
provide: (a) the name of each organization that made such payments; (b) the amounts of each
such payment and copies of receipts and/or canceled checks; (c) the dates of each payment; (d)
the policy(ies) or contract number pursuant to which such payments were made and a copy of
such policy(ies); (e)the limits of coverage for such payments; (f) the premium amounts paid by
the plaintiff for such coverage; (g) the length of time such coverage remained or will remain in
effect for; and (h) the amounts to be owed plaintiff to continue such coverage.
16. Set forth in what respect the plaintiff(s) sustained a serious injury, as defined in
subdivision four of the Insurance Law, § 5102(d).
17. Set forth in what respect the plaintiff(s) sustained an economic loss greater than
basic economic loss, as defined subdivision one of the Insurance Law, Section 5102(a).
18. If personal or real property damage is claimed, set forth: (a) description of the
property damaged, (b) date of purchase and price paid, (c) value of property at time of loss, (d)
detailed list of repairs necessary and the cost thereof and (e) salvage value recovered, if any.
19. State the amounts of any purported lien(s) or lawful lien(s) against the
plaintiff(s)'s recovery, and if any are known to the plaintiff(s), state the basis of said lien(s), the
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date(s) said lien(s) were established, asserted, filed, and/or perfected and state the name(s) of any
lienholder(s) or purported lienholder(s).
20. State the basis for the claim that the defendant(s) is/are jointly and severally
liable.
Dated: Jericho, New York
April 16, 2018
Sincerely,
HARMON, LINDER 4 ROGOWSKY, ESQS. RICHARD T. LAU 4 ASSOCIATES
Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s)
Leonard C. Lewis Luther M. Rufus
3 Park Avenue P. O. Box 9040
23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260
New York, NY 10016 Jericho, NY 11753
(212) 732-3665 (516) 229-6000
HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171
Claim Number: 32-1466-9F9
LAW OFFICE
Preview
FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 RICHARD T. LAU & ASSOCIATES ATTORNEYS AT LAW Employees of The Law Department State Farm Mutual Automobile Insurance Company l MichaelD. Abneril KathleenE. Fioretti 300 Jericho Quadran 260 Arthur T. Kontaxis ThomasS. Quinn, Jr. MichaelleJ. Apollon Melinda K. Flecker le, Suite RichardT. Lau PaulRobertson AlexanderBlishteyn FaziahGafur P.O. Box 9040 ChristineM. Laubis RussellAdamRothbort Daniel Brown JosephG. Gallo Jericho, NY I 1753-9040 JaredR. Levy MohammadRubbani Anna Bogunova JohnGhertone JeremyR. Maline IreneA. Schembri JamesF. Butler JasonGines Telephone: (516) 229-6000 NicholasP.Mamounis BruceR. Smiley Lisa E. Callies Nancy S. Goodman CharlesJ. Marchello RobertM. Smith JosephCarolaIn FayeL. Gross Linda Meister PaulT. Spataro RobertJ. Clasen JordanW. Grossman ElizabethM. Moeller Craig M. Stabenau RichardCostiera Naftali Halpern JohnMorale LaurenJ. Tucker Martin D. Dolitsky RichardHalpern Guy A. Moschetti SarahC. Varghese MeganLynch Caruso ChristineA. Hilcken Anthony D. Nobile Anna Vaysberg MarcellaGerbasiCrewe Jeffrey J. Hollander Nicole M. Paslow Mary K. White Mitchell S.Feder MatthewC. Kelly Aditi Puri GeneW. Wiggins ThomasFeehan ChristopherZanelotti April 16, 2018 Harmon, Linder & Rogowsky, Esqs. 3 Park Avenue 23rd Floor, Suite 2300 New York, NY 10016 RE: Lewis v. Ellis (e) File Number: 18NEWY09171 Index Number: 520719/17 Claim Number: 32-1466-9F9 Date of Loss: April 29, 2017 Dear Sir(s)/Madam(s): Please find enclosed our Answer and Cross-claim with our Demands served in response to the Complaint in the above captioned matter. Please note that Melinda K. Flecker, Esq. is the attorney assigned to this case. Your immediate attention to this matter is appreciate Sincerel , Kathleen E. Fioretti, Esq. Enclosures KEF:lm Law Office of Morris E. Barenbaum 1100 Coney Island Avenue, Suite 411 Brooklyn, NY 11230 1 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LEONARD C. LEWIS, DEMAND PURSUANT TO CPLR 3102(a) Plaintiff(s), Index No: 520719/17 -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(s), Please take notice that pursuant to CPLR 3102(a) and CPLR Rule 2103(e), you are hereby required to provide to the undersigned a list of those attorneys who have appeared in this action together with their addresses and the name of the party for whom such attorney has appeared. Dated: Jericho, New York April 16, 2018 Sincerely, HARMON, LINDER 4 ROGOWSKY, ESQS. RICHARD T. LAU 4 ASSOCIATES Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Leonard C. Lewis Luther M. Rufus 3 Park Avenue P. O. Box 9040 23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260 New York, NY 10016 Jericho, NY 11753 (212) 732-3665 (516) 229-6000 HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171 Claim Number: 32-1466-9F9 LAW OFFICE OF MORRIS E. BARENBAUM Personal Counsel for Luther M. Rufus 1100 Coney Island Avenue Suite 411 Brooklyn, NY 11230 (718) 252-8600 2 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LEONARD C. LEWIS, VERIFIED ANSWER AND CROSS-CLAIM Plaintiff(s), Index No: 520719/17 -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(s), The defendant(s), Luther M. Rufus, answering the Complaint herein: First: Admit(s) each and every allegation in the paragraph(s) of the Complaint designated as follows: 3. Second: Deny/denies each and every allegation in the paragraph(s) of the Complaint designated as follows: 5, 6, 7, 8, and 11. Third: Deny/denies any knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Complaint designated as follows: 1, 2 and 4. Fourth: Deny/denies each and every allegation contained in the paragraph(s) of the Complaint designated as follows, and refers all questions of law to the Court: 9. Fifth: Deny/denies any knowledge or information sufficient to form a belief as to the truth of any of the allegations contained in the paragraph(s) of the Complaint designated as follows, and refers all questions of law to the Court: 10. The Defendant(s), Luther M. Rufus, Set(s) Forth the Following Affirmative Defenses Sixth: That whatever damage, personal injury, injury to property or wrongful death the plaintiff(s) and/or the plaintiff(s)'s decedent may have sustained, if any, at the time and place 3 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 alleged in the Complaint herein, or any amendments thereto, was caused by the carelessness, negligence, recklessness, assumption of risk and culpable conduct and want of care on the part of the plaintiff(s) and/or the plaintiff(s)'s decedent; and if any carelessness, negligence, recklessness or culpable conduct upon the part of the answering defendant(s) caused or contributed to such injury or wrongful death and damages to the plaintiff(s) and/or the plaintiff's decedent, such carelessness, negligence, recklessness or culpable conduct bore only a slight proportion to the entire negligence and culpable conduct attributable to both the plaintiff(s) and/or the plaintiff's decedent in causing the accident and any damages sustained. Seventh: The plaintiff(s) failed to mitigate damages allegedly suffered. Eighth: Upon information and belief, some or all of the damages alleged in the plaintiff(s)'s Complaint is/are barred and/or subject to the qualification of the provision of § 4545 of the CPLR. Ninth: If it is determined that the plaintiff(s) failed to use available seat belts, the defendant(s) plead(s) said fact in mitigation of damages. Tenth: In the event that any person or entity liable or claimed to be liable for the injuries or damages alleged in this action has been given or may hereafter be given a release or covenant not to sue, the answering defendant(s) will be entitled to protection under New York General Obligations Law 15-108 and the corresponding reduction of any damages that may be determined to be due against the answering defendant(s). Eleventh: The defendant(s) was/were faced with a sudden emergency not of his/her/their own making and cannot be held liable for this accident. Twelfth: The co-defendant, Alton Ellis, was the sole proximate cause of the alleged accident. 4 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 As and for a Cross-complaint Against the Co-defendant(s), Alton A. Ellis, the Defendant(s) Respectfully Allege(s) Thirteenth:That if the plaintiff(s) was/were caused to sustain damages as alleged in the Complaint other than through his/her/their own carelessness, recklessness or negligence, then all such damages would have been caused and/or brought about, in whole or in material part, by the affirmative recklessness or failure of due care of the co- wrong doing, fault, negligence, defendant(s), Alton A. Ellis, without any similar acts of the answering defendant(s) contributing thereto, and in the event that the answering defendant(s) should be held liable for any amount of damages caused to the plaintiff(s), then a separate determination should be made as to the proportion of relative responsibility and culpable conduct of the co-defendant(s), Alton A. Ellis, and said co-defendant(s) shall be held liable over the answering defendant(s) for the full amount of any verdict or judgment that the plaintiff(s) may recover against the answering defendant(s) or for any part thereof, according to the proportionate share of fault of the defendant(s), Luther M. Rufus. Wherefore, the defendant(s), Luther M. Rufus, demand(s) judgment as follows: a. dismissing the Complaint herein, together with the costs and disbursements of this action; and b. judgment over and against the co-defendant(s), Alton A. Ellis, for the full amount of any judgment which may be obtained herein by the plaintiff(s), Leonard C. Lewis, against the answering defendant(s), or in such amount as the Court or Jury may direct in accordance with the relative responsibilities and culpabilities of the parties. 5 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 Dated: Jericho, New York April 16, 2018 Sincerely, HARMON, LINDER 4 ROGOWSKY, ESQS. RICHARD T. LAU 4 ASSOCIATES Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Leonard C. Lewis Luther M. Rufus 3 Park Avenue P. O. Box 9040 23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260 New York, NY 10016 Jericho, NY 11753 (212) 732-3665 (516) 229-6000 HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171 Claim Number: 32-1466-9F9 LAW OFFICE OF MORRIS E. BARENBAUM Personal Counsel for Luther M. Rufus 1100 Coney Island Avenue Suite 411 Brooklyn, NY 11230 (718) 252-8600 6 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 STATE OF NEW YORK, COUNTY OF NASSAU The undersigned, an attorney admitted to practice in the courts of New York State, shows: affirmant is Kathleen E. Fioretti, an attorney in the law firm of Ilichard T. Lau & Associates, attorneys of record for the defendant(s), in the within action; affirmant has read the foregoing Answer and Cross-claim and knows the contents thereof; the same is true to affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief and that as to those matters affirmant believes it to be true. This verification is made by affirmant and not by the defendant(s), in that the defendant(s), is/are not within the county where undersigned has his/her office. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are as follows: investigations made relative to the subject matter, information and records in his/her file. The undersigned affirms that the foregoing statements are true,sunder the penalties of perjury. Dated: Jericho, NY April 16, 2018 18NEWY09171 KATHLEEN E. FIORETTI, ESQ. 6 7 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS LEONARD C. LEWIS, DEMAND FOR BILL OF PARTICULARS Plaintiff(s), Index No: 520719/17 -against- ALTON A. ELLIS and LUTHER M. RUFUS, Defendant(s), Please take notice that pursuant to the applicable rules of the CPLR, the defendant(s) demand(s) that you serve upon the undersigned within twenty days: 1. State any name used by each plaintiff other than specifically stated above. 2. The date, time of day of the claimed occurrence and its exact location. 3. Statement of the acts or omissions constituting the negligence claimed as they allegedly relate to the defendant(s). 4. State by section and title, statutes, regulations, rules, ordinances and any other laws it will be claimed were violated by the defendant(s). 5. State the nature, location and extent of claimed injuries. a. State in detail which injuries are claimed to be permanent. 6. Length of time confined to: (a) hospital(s) giving name and address of hospital(s), (b) bed, (c) house; (d) length of time totally disabled, (e) length of time partially disabled. 7a. State the occupation, employment or trade of the plaintiff(s) setting forth: (i) name of employer(s); (ii) address of employer(s); (iii) name of the plaintiff direct supervisor(s) (iv) the number of working days incapacitated; (v) rate of pay and (vi) total loss of earnings claimed. 8 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 7b. If the plaintiff(s) was a student/were students, state (i) the name and address of the school(s), (ii) the dates the plaintiff(s) claim(s) to have been unable to attend school. 8. Separately, state the amounts claimed as special damages for each of the following, itemizing special damages for each provider: (a) physician's services, (b) medical supplies, (c) hospital charges, (d) x-ray expenses, (e) nurse's services, (f) loss of earnings, (g) other expenses (itemized). 9. Provide the plaintiff(s)'s address, date of birth and social security and/or tax identification number if an alien, please provide alien registration card number. 10. State the directions of travel of the parties at the time of the occurrence. 11. If loss of services, society and consortium is claimed, set forth: (a) the length of time said loss is claimed to have occurred; (b) the relationship of the plaintiff to the party claiming the loss; (c) the particular services claimed for loss of services, consortium, medical expenses and other expenses. 12. If it is claimed that a dangerous and/or defective condition caused and/or contributed to the occurrence alleged in the Complaint, set forth in detail each and every condition, claimed to have been dangerous and/or defective, and how and in what manner each is claimed to have been dangerous and/or defective and state how such condition(s) caused and/or contributed to the alleged occurrence. 13. If actual notice of any dangerous and/or defective condition is claimed to have been given and/or supplied to the defendant(s), set forth: (a) the names and addresses of any persons by whom notice was given/supplied; (b) the names and addresses of any persons to whom notice was given/supplied; (c) the time, date and place notice was given/supplied in each instance. 9 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 14. If constructive notice of any dangerous and/or defective condition is claimed was given and/or supplied to the defendant(s), set forth: (a) the conditions by which notice was supplied; (b) the time, date and place notice was had in each instance; (c) duration of condition with the date(s) of inception constructive notice will be claimed to have been given defendant(s). 15. If medical payments or lost earning were obtained from any collateral source, including but not limited to worker's compensation, no-fault, private health insurance, employee benefit programs, prepaid health plans or other liability or first party coverage, state and/or provide: (a) the name of each organization that made such payments; (b) the amounts of each such payment and copies of receipts and/or canceled checks; (c) the dates of each payment; (d) the policy(ies) or contract number pursuant to which such payments were made and a copy of such policy(ies); (e)the limits of coverage for such payments; (f) the premium amounts paid by the plaintiff for such coverage; (g) the length of time such coverage remained or will remain in effect for; and (h) the amounts to be owed plaintiff to continue such coverage. 16. Set forth in what respect the plaintiff(s) sustained a serious injury, as defined in subdivision four of the Insurance Law, § 5102(d). 17. Set forth in what respect the plaintiff(s) sustained an economic loss greater than basic economic loss, as defined subdivision one of the Insurance Law, Section 5102(a). 18. If personal or real property damage is claimed, set forth: (a) description of the property damaged, (b) date of purchase and price paid, (c) value of property at time of loss, (d) detailed list of repairs necessary and the cost thereof and (e) salvage value recovered, if any. 19. State the amounts of any purported lien(s) or lawful lien(s) against the plaintiff(s)'s recovery, and if any are known to the plaintiff(s), state the basis of said lien(s), the 10 of 27 FILED: KINGS COUNTY CLERK 04/16/2018 12:22 PM INDEX NO. 520719/2017 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/16/2018 date(s) said lien(s) were established, asserted, filed, and/or perfected and state the name(s) of any lienholder(s) or purported lienholder(s). 20. State the basis for the claim that the defendant(s) is/are jointly and severally liable. Dated: Jericho, New York April 16, 2018 Sincerely, HARMON, LINDER 4 ROGOWSKY, ESQS. RICHARD T. LAU 4 ASSOCIATES Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) Leonard C. Lewis Luther M. Rufus 3 Park Avenue P. O. Box 9040 23rd Floor, Suite 2300 300 Jericho Quadrangle, Suite 260 New York, NY 10016 Jericho, NY 11753 (212) 732-3665 (516) 229-6000 HARMONANDLINDER@GMAIL.COM File Number: 18NEWY09171 Claim Number: 32-1466-9F9 LAW OFFICE