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Exhibit A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____.---------------------------------------------------------------X
ROBERTO RODRIGUEZ, Index No.: 154863/2018
Plaintiff, VERIFIED BILL OF
PARTICULARS
-against-
VillAGEFH LLC and SM1 CONSTRUCTION
MANAGEMENT INC.,
Defendants.
______________________________________________----------------------X
Plaintiffs, by his attorney, STAVROS E. SITINAS, LLC, as and for his Verified Bill of
Particulars, pursuant to the demands of the defendant, VILLAGEFH LLC, upon information and
belief, allege as follows:
1. Plaintiff, ROBERTO RODRIGUEZ resides at 128 Maple Avenue, Irvington, NJ
his date of birth is , 1979 and his social number is - -3839.
07111, security
2. The accident occurred on September 2016 at 8:30 AM - 9:30
13, approximately
AM.
3. The occurrence took place at 27 Christopher Street, New York, NY 10014.
4. Defendant, its agents, servants, and/or employees were negligent, careless and
reckless in the ownership, operation, maintenance, management, control and supervision of the
aforesaid building/worksite; in that they caused, allowed and/or permitted the aforesaid worksite to
be and remain in a dangerous condition; in failing to provide plaintiff with a proper safe and secure
way to transport debris to the exterior portion of the building; in failing to protect the plaintiff frorn
an elevation related hazard; in failing to provide the plaintiff with safety devices to prevent plaintiff
from injuring hirnself; in failing to properly construct the area in question; in carelessly, recklessly
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and negligently excavating the area adjacent to the ramp/walkway in question; in failing to properly
maintain the accident location; in failing to properly secure the work area; in thatthey failed to allow
for a safe means of performing plaintiff's duties at the worksite; in failing to give plaintiffany notice
or warning of the dangers and hazards of hauling construction debris on the ramp/walkway in
question; in that they knew, or in the exercise of reasonable care, should have known .thatsaid
conditions presented an unreasonable risk of injury to persons lawfully and foreseeably thereat; in
that they failed to inspect the aforesaid premises/worksite; in that they failed to maintain the
aforesaid premises; in that they caused, allowed and permitted a nuisance and hazard to be and
remain at the aforesaid worksite; in thatthey failed to provide any signs or warnings of the dangers
and hazards of pulling scaffold frames from the second to the sixth floor; and in that they failed to
use that degree of skill, care and caution warranted under the circumstances.
The defendants were further negligently, careless and reckless, failed and omitted to properly
construct, shore, equip, guard, arrange, operate and conduct the construction activities at the
construction site, so as to provide reasonable and adequate protection and safety to the persons so
employed therein, and more particularly to the plaintiffherein; in failingand omitting to provide the
plaintiff with a safe place to work; in failing and omitting to provide the plaintiffat the construction
site thereat, with adequate, ample and proper equipment so as to perform his labor; in failing and
omitting to insure that the working areas within the premises of the construction sitewere kept free
of dangerous and hazardous conditions; in failing to properly inspect the construction site;in failing
to installbarricades and/or other warnings so as to apprise workers; in failing and omitting to comply
with Sections 200, 240. 241 and 241(a) of the I abor Law of the State of New York and the
applicable provisions of Rule 23 ofthe Industrial Code.
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5. Actual is claimed in that the dangerous conditions were created by the defendants,
their agents. servants and/or employees. Plaintiff will claim that the defendants, their agents,
servants and/or employees, were aware of the above dangerous conditions on the aforesaid premises,
which was maintained, managed, controlled and supervised by the defendants, their agents, servants
and/or employees, and in that the defendants, their agents, servants and/or employees, were present
on the premises and/or in the vicinity of the defective and dangerous conditions and failedto remedy
or give notice of said conditions. Actual notice is also claimed in that the defendants created the
aforesaid conditions. Plaintiffs reserve the right to add, supplement and/or amend this paragraph ata
time prior to the trial of this action.
6. Constructive notice is claimed in that the dangerous conditions were created by the
defendants, their agents, servants and/or employees. Plaintiff will claim that the aforesaid defective
conditions were present at the aforesaid location on the premises maintained, managed, controlled
and supervised by the defendants, their agents, servants and/or employees for a sufficient period of
time that the defendants, their agents, servants and/or employees knew or should have known thatthe
premises were in a defective and dangerous conditions, and, the defendants, their agents, servants
and/or employees, should have and failed to remedy said conditions and/or give notice of said
conditions. Constructive notice is also claimed in that the defendants created the aforesaid
conditions. Plaintiffs reserve the right to add, supplement and/or amend this paragraph at a timeprior
to the trialof this action.
7. Defendants violated Sections 200, 240, 241 and 241(a) of the Labor Law of the State
of New York as well as failure to comply with applicable provisions of Rule 23 of the industrial
Code. More particularl defendants violated Rule 23 - 1.22 of the
y, (b) (2) (3) (4) (c) (1) (2)
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Industrial Code.
8. Not applicable.
9. Not applicable.
10. The plaintiff sustained the following injuriest
• Cervical disc herniation, C5-6, C6-7
• Anterior cervical discectomy and fusion surgery at C5-C6 and C6-7 levels
performed on December 13, 2016
• Pseudoarthrosis, C5-6, C6-7 fusion surgery performed on January 9, 2018
• Foraminal stenosis
• Lumbar disc herniation at L4-5
• disc at LS-Sl
Bulging
• Lumbar spondylosis
• of future surgery
Possibility
Further, allof the aforementioned injuries, manifestations and disabilities are
associated with further soft tissue injury to the areas traumatically affected including injury,
tearing, derangement and damage to the associated muscle groups, ligaments, tendons, blood
vessels, blood supply, nerves and nerve tissue, soft tissue, with resultant pain, deformity and
disability, stiffness, tenderness, weakness and restriction and limitation of motion and pain on
motion; possibility of future surgical repair to those parts of the body claimed to have been
injured in this accident; post-surgical scarring; post-traumatic arthritis to the parts of the body
injured in the subject accident; and possible loss of use of above mentioned parts. all of which
substantially prevents this plaintiff from enjoying the normal fruits of activities (social,
educational and economical) and plaintiff's enjoyment of life has been permanently impaired,
impeded and/or destroyed.
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Plaintiffs reserve the right to right to add, supplement and/or amend this
paragraph at a time prior to the trialof this action.
11. Not applicable.
12. Plaintiff was treated at Northwell Health, 30 Seventh Avenue, New York, NY
10011 on the date of the accident.
13. To be provided in plaintiff's response to combined demands.
14. Plaintiff was employed as a construction laborer with Jovin Demo, Inc.
15.
a. Plaintiff was treated at Northwell Health, 30 Seventh Avenue, New York,
NY 10011 on the date of the accident.
b. Plaintiff was confined to a bed for approximately 4 weeks after each
surgery.
c. Plaintiff was confined to a home for approximately for approximately 1.5
years.
16. The following special damages are claimed:
a. Physican services: approximately $250,000 and continuing
b. Medical supplies: included above
c. Loss of carnings: Further information will be provided at plaintiff's
deposition.
d. I oss of carnings in the future: Further information will be provided at
plaintiff's deposition.
e. Hospital services: approximately $100.000
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f. Nurses services: included above
g. Other: to be provided under separate cover, if applicable.
17. Not applicable.
Workers'
18. Plaintiff is receiving Compensation benefits.
19. -28. Not applicable. Plaintiff is not a Medicare recipient,
Dated: New York, New York
November 7, 2018
Yours, etc.,
..
Stavros E. Sitinas
STAVROS E. SITINAS, LLC
Attorney for Plaintiffs
4d'
444 Madison Avenue, Floor
New York, NY 10022
(212)539-1800
TO: RAVEN & KOLBE, LLP
Attorneys for Defendant, SM1CONSTRUCTION MANAGEMENT INC
56d'
126 Street, Suite 202
New York, NY 10022
(212) 759-7466
EUSTACE, MARQUEZ, EPSTEIN, PREZlOSO & YAPCHANYK
Attorney for Defendant, VILLAGEFH, LLC
28d'
55 Water Street, Floor
New York, NY 10041
(212) 612-4200
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VERIFICATION BY ATTORNEY
STAVROS E. SITINAS, an attorney duly admitted to practice before the Courts in the State
of New York, hereby affirms, under the penalties of perjury, as follows:
1) That deponent is the attorney for the plaintiff in the action within; that deponent has
read the foregoing VERIFIED B ILL OF PARTICULARS and knows the contents thereof; that
the same is true to deponent's own knowledge except as to the matters therein stated to be alleged
upon information and belief, and as to those matters deponent believes itto be true.
2) The reason that this verification isnot made by plaintiffs and ismade by deponent is
that plaintiffs do not reside in the county where the attorneys for the plaintiffs have their office.
3) Deponent further says that the source of deponent's information and the grounds of
deponent's belief as to all matters not stated upon deponent's knowledge are from investigations
made on behalf of said plaintiffs.
Dated: New York, New York
November 7, 2018
STAVROS E. SITINAS
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
ss.
COUNTY OF NEW YORK )
Lula Toone, being duly sworn, deposes and says:
Deponent is not a party to this action, is over 18 years of age and resides within the State
of New York.
On November 07, 2018, deponent served the within VERIFIED BILL OF
PARTICULARS upon:
RAVEN & KOLBE, LLP
Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC.
126 56th Street, Suite 202
New York, NY 10022
(212) 759-7466
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & VAPCHANYK
Attorney for Defendant, VILLAGEFH, LLC
55 Water Street, 28th Floor
New York, NY 10041
(212) 612-4200
by electronic filingand mailing the sarne in a sealed envelope, with postage prepaid thereon, in a post
office or officialdepository of the U.S. Postal Service within the State ofNew York, addressed to the
lastknown address of the addressee as indicated above.
I.ulaToone
Sworn to before me on
Novemberi)7POl 8
Notary Pub 1c
STAVROS E. SITINAS
Public,Stateof Now York
Notary
No. 02S18057719
QualifiedIn New York County
Commission ExpiresApril23, 20
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Index No. 154863/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ROBERTO RODRIGUEZ,
Plaintiff,
-against-
VILLAGEFH LLC and SMI CONSTRUCTION MANAGEMENT INC.,
Defendants.
VERIFIED BILL OF PARTICULARS
STAVROS E. SITINAS, LLC
Attorney for Plaintiff
4th
444 Madison Avenue, FlOOr
New York, NY 10022
(212)539-1800
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
___________._________________________....---------------------------X
ROBERTO RODRIGUEZ, Index No.: 154863/2018
Plaintiff(s),
RESPONSE TO
-against- DEFENDANTS'
COMBINED DEMANDS
VILLAGEFH LLC and SM1 CONSTRUCTION
MANAGEMENT INC.,
Defendant(s).
-------------------------------------------X
PLEASE TAKE NOTICE, that the following is plaintiffs response to the combined
demands of the defendants for discovery and inspection:
RESPONSE TO DEMAND FOR MEDICAL INFORMATION:
Annexed hereto, please find a copy of the following executed authorizations to obtain the
following records:
l. All Care Physical Therapy
2. Richard Nachwalter, MD
3. Lenox IIillIIospital
4. Morristown Medical Center
5. Health First Rehab Center, LLC
RESPONSE TO DEMAND FOR PARTY STATEMENTS:
Plaintiff isunaware of any statements, oral,written or electronically recorded rnade by any of
the parties herein.
RESPONSE TO DEMAND FOR WORKERS COMPENSATION INFORMATION:
Annexed hereto is an authorization for plaintiffs workers compensation file.
RESPONSE TO DEMAND FOR MEDICARE/MEDICAID INFORMATION:
Not applicable plaintiff is not a recipient of Medicare and/or Medicaid.
8
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ItESPONSE TO DEMAND FOR PHOTOGitA PlIS:
Attached hereto please find fifteen (15) photos of the accident location.
RESPONSE TO DEMAND FOR EXPERT WITNESS INFORMATION:
Plaintiff has not retained an expert to act on thismatter at the present time. Plaintiff will
serve a response to this demand when and ifan expert is so retained. Plaintiffmay call to testifyany
health care provider who has treated or evaluated him, however, he will not necessarily do so.
Dated: New York, New York
Novernber 07, 2018
Yours, etc.,
Stavros E. S nas
STAVROS E. SITINAS, LLC
Attorney for Plaintiff(s)
444 Madison Avenue, 4th Floor
New York, NY 10022
(212) 539-1800
TO: RAVEN & KOLBE, LLP
Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC.
56"'
126 Street, Suite 202
New York, NY 10022
(212) 759-7466
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK
Attorney for Defendant, VlLLAGEFll, LLC
28'''
55 Water Street, Floor
New York, NY 10041
(212) 612-4200
9
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DURABLE POWER OF ATTORNEY
TO EXECUTE A WRITTEN REQUEST FOR
PATIENT INFORMATION UNDER SECTION 18
OF TilK NEW YORK STATE PUBLIC IlEA1 TH 1,AW
THIS DOCUMF.NT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTIIER
HEALTH CARE DEClSIONS. YOU MAY EXECUTE A HEALTH CARE PROXY TO DO THIS.
This is intended to constitute a DURABLE POWER OF ATTORNEY to execute a written request for
patientinformation under Section 18 of theNew York State Public Health Law:
Do hereby appoint my attorney: STAVROS E. SITINAS, LLC
located at 444 Mmlison Avenue, Floor
New York, NY, 10022 (212) 539-1800
as my attorney-in-factto execute a written request forpatient information under section I8 of theNew
York State Public Health Law in my name, place and stead inany way which 1 myself could do,if1 were
personally present.
THIS DURABLE POWER OF ATTORNEY SHALL NOT BE ACCEPTED BY MY
SUBSEQUENT DISABILITY OR INCOMPETENCE.
TO INCLUDE ANY TillRD PARTY TO ACT HEREUNDER, ] IlEREBY AGREE THAT ANY
TH1RD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT
MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALl, BE
INEFFECTIVE AS TO SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY ] lElRS,
EXECUTORS, LEGAL REPRESENTATIVES AND ASSlGNS, HEREBY AGREE TO INDEMNIFY
AND HOLD MARMLESS ANY SUCll THIRD PARTY FROM AND AGAlNST ANY AND ALL
CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCII TillRD
PARTY HAVING RELIED ON TIIE PROVISIONS OF THIS INSTRUMENT
TillS DURABLE GENERAL POWER OF ATTORNEY MAY BE REVOKED BY ME AT ANY
TIME.
(
In Witness Whereof, I have hereunto signed my name and aff xed my scal this lay
of q , 20)6.
*thisDural>le Power ofAttorney will only expire upon completion of thiscase
STAVROS E. SITINAS
Notary Public, Stateof New York NOTARY PL BLIC
No. 02SI6057719
Qualified in New York County
Cornmission Expires Aprff23, 20É
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Preview
FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 Exhibit A FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF FILED: DOC. NO. NEW 30YORK CLERK 11/07 RECEIVEDINDEX NYSCEF: NO. 154 11/16/2018 863/201 8 COUNTY /2018 10 : 05 AM| NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 13/07/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____.---------------------------------------------------------------X ROBERTO RODRIGUEZ, Index No.: 154863/2018 Plaintiff, VERIFIED BILL OF PARTICULARS -against- VillAGEFH LLC and SM1 CONSTRUCTION MANAGEMENT INC., Defendants. ______________________________________________----------------------X Plaintiffs, by his attorney, STAVROS E. SITINAS, LLC, as and for his Verified Bill of Particulars, pursuant to the demands of the defendant, VILLAGEFH LLC, upon information and belief, allege as follows: 1. Plaintiff, ROBERTO RODRIGUEZ resides at 128 Maple Avenue, Irvington, NJ his date of birth is , 1979 and his social number is - -3839. 07111, security 2. The accident occurred on September 2016 at 8:30 AM - 9:30 13, approximately AM. 3. The occurrence took place at 27 Christopher Street, New York, NY 10014. 4. Defendant, its agents, servants, and/or employees were negligent, careless and reckless in the ownership, operation, maintenance, management, control and supervision of the aforesaid building/worksite; in that they caused, allowed and/or permitted the aforesaid worksite to be and remain in a dangerous condition; in failing to provide plaintiff with a proper safe and secure way to transport debris to the exterior portion of the building; in failing to protect the plaintiff frorn an elevation related hazard; in failing to provide the plaintiff with safety devices to prevent plaintiff from injuring hirnself; in failing to properly construct the area in question; in carelessly, recklessly 1 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF FILED DOC. NO. NEW 30YORK COUNTY CLERK 11/07 RECEIVEDINDEX NYSCEF: NO. 154863/2018 11/16/2018 : /2 018 10 : 05 AM| NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 and negligently excavating the area adjacent to the ramp/walkway in question; in failing to properly maintain the accident location; in failing to properly secure the work area; in thatthey failed to allow for a safe means of performing plaintiff's duties at the worksite; in failing to give plaintiffany notice or warning of the dangers and hazards of hauling construction debris on the ramp/walkway in question; in that they knew, or in the exercise of reasonable care, should have known .thatsaid conditions presented an unreasonable risk of injury to persons lawfully and foreseeably thereat; in that they failed to inspect the aforesaid premises/worksite; in that they failed to maintain the aforesaid premises; in that they caused, allowed and permitted a nuisance and hazard to be and remain at the aforesaid worksite; in thatthey failed to provide any signs or warnings of the dangers and hazards of pulling scaffold frames from the second to the sixth floor; and in that they failed to use that degree of skill, care and caution warranted under the circumstances. The defendants were further negligently, careless and reckless, failed and omitted to properly construct, shore, equip, guard, arrange, operate and conduct the construction activities at the construction site, so as to provide reasonable and adequate protection and safety to the persons so employed therein, and more particularly to the plaintiffherein; in failingand omitting to provide the plaintiff with a safe place to work; in failing and omitting to provide the plaintiffat the construction site thereat, with adequate, ample and proper equipment so as to perform his labor; in failing and omitting to insure that the working areas within the premises of the construction sitewere kept free of dangerous and hazardous conditions; in failing to properly inspect the construction site;in failing to installbarricades and/or other warnings so as to apprise workers; in failing and omitting to comply with Sections 200, 240. 241 and 241(a) of the I abor Law of the State of New York and the applicable provisions of Rule 23 ofthe Industrial Code. 2 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF |FILED DOC.: DOC. NO. NEW 30YORK COUNTY CLERK 11/07 /2 018 10 : 05 W RECEIVEDINDEXNYSCEF: NO. 11/16/2018 154863/2018 NYSCEF NO. 26 RECEIVED NYSCEF: 11/07/2018 5. Actual is claimed in that the dangerous conditions were created by the defendants, their agents. servants and/or employees. Plaintiff will claim that the defendants, their agents, servants and/or employees, were aware of the above dangerous conditions on the aforesaid premises, which was maintained, managed, controlled and supervised by the defendants, their agents, servants and/or employees, and in that the defendants, their agents, servants and/or employees, were present on the premises and/or in the vicinity of the defective and dangerous conditions and failedto remedy or give notice of said conditions. Actual notice is also claimed in that the defendants created the aforesaid conditions. Plaintiffs reserve the right to add, supplement and/or amend this paragraph ata time prior to the trial of this action. 6. Constructive notice is claimed in that the dangerous conditions were created by the defendants, their agents, servants and/or employees. Plaintiff will claim that the aforesaid defective conditions were present at the aforesaid location on the premises maintained, managed, controlled and supervised by the defendants, their agents, servants and/or employees for a sufficient period of time that the defendants, their agents, servants and/or employees knew or should have known thatthe premises were in a defective and dangerous conditions, and, the defendants, their agents, servants and/or employees, should have and failed to remedy said conditions and/or give notice of said conditions. Constructive notice is also claimed in that the defendants created the aforesaid conditions. Plaintiffs reserve the right to add, supplement and/or amend this paragraph at a timeprior to the trialof this action. 7. Defendants violated Sections 200, 240, 241 and 241(a) of the Labor Law of the State of New York as well as failure to comply with applicable provisions of Rule 23 of the industrial Code. More particularl defendants violated Rule 23 - 1.22 of the y, (b) (2) (3) (4) (c) (1) (2) 3 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVEDINDEX NYSCEF: NO. 154863/2018 11/16/2018 (FILED : NEW YORK COUNTY CLERK 11/07 /2018 10 : 05 AM| NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 Industrial Code. 8. Not applicable. 9. Not applicable. 10. The plaintiff sustained the following injuriest • Cervical disc herniation, C5-6, C6-7 • Anterior cervical discectomy and fusion surgery at C5-C6 and C6-7 levels performed on December 13, 2016 • Pseudoarthrosis, C5-6, C6-7 fusion surgery performed on January 9, 2018 • Foraminal stenosis • Lumbar disc herniation at L4-5 • disc at LS-Sl Bulging • Lumbar spondylosis • of future surgery Possibility Further, allof the aforementioned injuries, manifestations and disabilities are associated with further soft tissue injury to the areas traumatically affected including injury, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, blood vessels, blood supply, nerves and nerve tissue, soft tissue, with resultant pain, deformity and disability, stiffness, tenderness, weakness and restriction and limitation of motion and pain on motion; possibility of future surgical repair to those parts of the body claimed to have been injured in this accident; post-surgical scarring; post-traumatic arthritis to the parts of the body injured in the subject accident; and possible loss of use of above mentioned parts. all of which substantially prevents this plaintiff from enjoying the normal fruits of activities (social, educational and economical) and plaintiff's enjoyment of life has been permanently impaired, impeded and/or destroyed. 4 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF (FILED: DOC. NO. NEW 30YORK COUNTY CLERK 11/07 /2018 10 : 05 W RECEIVEDINDEX NYSCEF: NO. 154863/2018 11/16/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 Plaintiffs reserve the right to right to add, supplement and/or amend this paragraph at a time prior to the trialof this action. 11. Not applicable. 12. Plaintiff was treated at Northwell Health, 30 Seventh Avenue, New York, NY 10011 on the date of the accident. 13. To be provided in plaintiff's response to combined demands. 14. Plaintiff was employed as a construction laborer with Jovin Demo, Inc. 15. a. Plaintiff was treated at Northwell Health, 30 Seventh Avenue, New York, NY 10011 on the date of the accident. b. Plaintiff was confined to a bed for approximately 4 weeks after each surgery. c. Plaintiff was confined to a home for approximately for approximately 1.5 years. 16. The following special damages are claimed: a. Physican services: approximately $250,000 and continuing b. Medical supplies: included above c. Loss of carnings: Further information will be provided at plaintiff's deposition. d. I oss of carnings in the future: Further information will be provided at plaintiff's deposition. e. Hospital services: approximately $100.000 5 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF (FILED: DOC. NO. NEW 30YORK COUNTY CLERK 11/07 /2018 10 : 05 W RECEIVEDINDEX NYSCEF: NO. 154863/2018 11/16/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 f. Nurses services: included above g. Other: to be provided under separate cover, if applicable. 17. Not applicable. Workers' 18. Plaintiff is receiving Compensation benefits. 19. -28. Not applicable. Plaintiff is not a Medicare recipient, Dated: New York, New York November 7, 2018 Yours, etc., .. Stavros E. Sitinas STAVROS E. SITINAS, LLC Attorney for Plaintiffs 4d' 444 Madison Avenue, Floor New York, NY 10022 (212)539-1800 TO: RAVEN & KOLBE, LLP Attorneys for Defendant, SM1CONSTRUCTION MANAGEMENT INC 56d' 126 Street, Suite 202 New York, NY 10022 (212) 759-7466 EUSTACE, MARQUEZ, EPSTEIN, PREZlOSO & YAPCHANYK Attorney for Defendant, VILLAGEFH, LLC 28d' 55 Water Street, Floor New York, NY 10041 (212) 612-4200 6 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF (F ILEDDOC. : NO. NEW 30YORK COUNTY CLERK RECEIVEDINDEX NYSCEF: NO. 154863/2018 11/16/2018 11/07 /2 018 10 : 05 AM) NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 VERIFICATION BY ATTORNEY STAVROS E. SITINAS, an attorney duly admitted to practice before the Courts in the State of New York, hereby affirms, under the penalties of perjury, as follows: 1) That deponent is the attorney for the plaintiff in the action within; that deponent has read the foregoing VERIFIED B ILL OF PARTICULARS and knows the contents thereof; that the same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes itto be true. 2) The reason that this verification isnot made by plaintiffs and ismade by deponent is that plaintiffs do not reside in the county where the attorneys for the plaintiffs have their office. 3) Deponent further says that the source of deponent's information and the grounds of deponent's belief as to all matters not stated upon deponent's knowledge are from investigations made on behalf of said plaintiffs. Dated: New York, New York November 7, 2018 STAVROS E. SITINAS 7 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30YORK RECEIVEDINDEX NYSCEF: NO. 154863/2018 11/16/2018 FILED : NEW COUNTY CLERK 11/07 /2018 10 : 05 AM) NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ss. COUNTY OF NEW YORK ) Lula Toone, being duly sworn, deposes and says: Deponent is not a party to this action, is over 18 years of age and resides within the State of New York. On November 07, 2018, deponent served the within VERIFIED BILL OF PARTICULARS upon: RAVEN & KOLBE, LLP Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC. 126 56th Street, Suite 202 New York, NY 10022 (212) 759-7466 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & VAPCHANYK Attorney for Defendant, VILLAGEFH, LLC 55 Water Street, 28th Floor New York, NY 10041 (212) 612-4200 by electronic filingand mailing the sarne in a sealed envelope, with postage prepaid thereon, in a post office or officialdepository of the U.S. Postal Service within the State ofNew York, addressed to the lastknown address of the addressee as indicated above. I.ulaToone Sworn to before me on Novemberi)7POl 8 Notary Pub 1c STAVROS E. SITINAS Public,Stateof Now York Notary No. 02S18057719 QualifiedIn New York County Commission ExpiresApril23, 20 8 of 9 . FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 - NYSCEF INDEX NYSCEF: NO. 154-863/201-EF FILED: DOC. NO. NEW 30YORK COUNTY CLERK 11/07 /2018 10 : 05 AM| RECEIVED 11/16/2018 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/07/2018 Index No. 154863/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ROBERTO RODRIGUEZ, Plaintiff, -against- VILLAGEFH LLC and SMI CONSTRUCTION MANAGEMENT INC., Defendants. VERIFIED BILL OF PARTICULARS STAVROS E. SITINAS, LLC Attorney for Plaintiff 4th 444 Madison Avenue, FlOOr New York, NY 10022 (212)539-1800 9 of 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ___________._________________________....---------------------------X ROBERTO RODRIGUEZ, Index No.: 154863/2018 Plaintiff(s), RESPONSE TO -against- DEFENDANTS' COMBINED DEMANDS VILLAGEFH LLC and SM1 CONSTRUCTION MANAGEMENT INC., Defendant(s). -------------------------------------------X PLEASE TAKE NOTICE, that the following is plaintiffs response to the combined demands of the defendants for discovery and inspection: RESPONSE TO DEMAND FOR MEDICAL INFORMATION: Annexed hereto, please find a copy of the following executed authorizations to obtain the following records: l. All Care Physical Therapy 2. Richard Nachwalter, MD 3. Lenox IIillIIospital 4. Morristown Medical Center 5. Health First Rehab Center, LLC RESPONSE TO DEMAND FOR PARTY STATEMENTS: Plaintiff isunaware of any statements, oral,written or electronically recorded rnade by any of the parties herein. RESPONSE TO DEMAND FOR WORKERS COMPENSATION INFORMATION: Annexed hereto is an authorization for plaintiffs workers compensation file. RESPONSE TO DEMAND FOR MEDICARE/MEDICAID INFORMATION: Not applicable plaintiff is not a recipient of Medicare and/or Medicaid. 8 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 ItESPONSE TO DEMAND FOR PHOTOGitA PlIS: Attached hereto please find fifteen (15) photos of the accident location. RESPONSE TO DEMAND FOR EXPERT WITNESS INFORMATION: Plaintiff has not retained an expert to act on thismatter at the present time. Plaintiff will serve a response to this demand when and ifan expert is so retained. Plaintiffmay call to testifyany health care provider who has treated or evaluated him, however, he will not necessarily do so. Dated: New York, New York Novernber 07, 2018 Yours, etc., Stavros E. S nas STAVROS E. SITINAS, LLC Attorney for Plaintiff(s) 444 Madison Avenue, 4th Floor New York, NY 10022 (212) 539-1800 TO: RAVEN & KOLBE, LLP Attorneys for Defendant, SMI CONSTRUCTION MANAGEMENT INC. 56"' 126 Street, Suite 202 New York, NY 10022 (212) 759-7466 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & YAPCHANYK Attorney for Defendant, VlLLAGEFll, LLC 28''' 55 Water Street, Floor New York, NY 10041 (212) 612-4200 9 FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 DURABLE POWER OF ATTORNEY TO EXECUTE A WRITTEN REQUEST FOR PATIENT INFORMATION UNDER SECTION 18 OF TilK NEW YORK STATE PUBLIC IlEA1 TH 1,AW THIS DOCUMF.NT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTIIER HEALTH CARE DEClSIONS. YOU MAY EXECUTE A HEALTH CARE PROXY TO DO THIS. This is intended to constitute a DURABLE POWER OF ATTORNEY to execute a written request for patientinformation under Section 18 of theNew York State Public Health Law: Do hereby appoint my attorney: STAVROS E. SITINAS, LLC located at 444 Mmlison Avenue, Floor New York, NY, 10022 (212) 539-1800 as my attorney-in-factto execute a written request forpatient information under section I8 of theNew York State Public Health Law in my name, place and stead inany way which 1 myself could do,if1 were personally present. THIS DURABLE POWER OF ATTORNEY SHALL NOT BE ACCEPTED BY MY SUBSEQUENT DISABILITY OR INCOMPETENCE. TO INCLUDE ANY TillRD PARTY TO ACT HEREUNDER, ] IlEREBY AGREE THAT ANY TH1RD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALl, BE INEFFECTIVE AS TO SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY ] lElRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSlGNS, HEREBY AGREE TO INDEMNIFY AND HOLD MARMLESS ANY SUCll THIRD PARTY FROM AND AGAlNST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCII TillRD PARTY HAVING RELIED ON TIIE PROVISIONS OF THIS INSTRUMENT TillS DURABLE GENERAL POWER OF ATTORNEY MAY BE REVOKED BY ME AT ANY TIME. ( In Witness Whereof, I have hereunto signed my name and aff xed my scal this lay of q , 20)6. *thisDural>le Power ofAttorney will only expire upon completion of thiscase STAVROS E. SITINAS Notary Public, Stateof New York NOTARY PL BLIC No. 02SI6057719 Qualified in New York County Cornmission Expires Aprff23, 20É FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 . ! T · g . c. FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 . . .T . . . - .. . h . FILED: NEW YORK COUNTY CLERK 11/16/2018 02:00 PM INDEX NO. 154863/2018 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 11/16/2018 . . Re /áb OCCDP MRCBhHZCA h W3C CONSTRUCTTGH.NANGENEM apphcatfor R CR PLACDIENT, Exç4ras: EGRE55 APPIA FIXTURES., Akeration NOT GC-4246 USEs B lenx . or PEREEETTED : lon NG FILL Bulicings: 21(19Ž2015 s. ST275 QÏt5%E TO Nat . SM1 CHANGE SETE .to::.Contractor- BuHding : BusinessCS F.LEXZSTING awwmyc.gm of ued. issuetf:- NO Commissioner Building NOT - Nevr as |{Û5TH. 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