Preview
FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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DANIEL DaCRUZ, Index No. 621771/2019
Date Filed: 11/01/2019
Plaintiff,
SECOND SUPPLEMENTAL
-against- VERIFIED BILL OF
PARTICULARS AS TO
ISLAND PAVING & MASONRY INC., "JOHN DOE", AFFIRMATIVE DEFENSES
a fictitious name meant designate the subject
operator-employee and ISLAND PAVEMENT CUTTING
CO., INC.,
Defendants.
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C O U N S E L O R S:
Defendant, ISLAND PAVEMENT CUTTING CO., INC., by its attorneys CONWAY,
FARRELL, CURTIN & KELLY, P.C., as and for its Second Supplemental Verified Bill of
Particulars as to Affirmative Defenses, alleges upon information and belief:
1. Section 1401 et seq. of the CPLR: Objection, this has not been pled as an affirmative
defense and, therefore, no particularization is required. Without waiving said objection, Answering
Defendant sets forth that CPLR Section 1401 speaks for itself in setting forth that when two or more
parties are subject to liability for damages for the same personal injury, one party may claim
contribution among them. Defendant reserves its right to supplement this response upon completion
of further discovery.
PLEASE TAKE FURTHER NOTICE, that Defendant ISLAND PAVEMENT CUTTING
CO., INC., reserves the right to supplement and amend its responses should additional information
become available.
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020
DATED: New York, New York
October 21, 2020
CONWAY, FARRELL, CURTIN
& KELLY, P.C.
By:____________________________
Emily Ashman
Attorneys for Defendant, ISLAND
PAVEMENT CUTTING CO., INC
48 Wall Street – 20th Floor
New York, N.Y. 10005
(212) 785-2929
TO:
LAW OFFICE FEDER & RODNEY, PLLC
651A Coney Island Avenue, Suite 2C
Brooklyn, NY 11218
718-625-1111
Attorneys for Plaintiff, DANIEL DaCRUZ
NO APPEARANCE TO DATE
Defendant, ISLAND PAVING & MASONRY INC.
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020
ATTORNEY'S VERIFICATION
BY AFFIRMATION
I, the undersigned, am an attorney admitted to practice in the Courts of the State of
New York, and say:
1. That I am the attorney of record for the defendant, ISLAND PAVEMENT
CUTTING CO., INC.;
2. That I have read the annexed SECOND SUPPLEMENTAL VERIFIED
BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES and know the contents thereof
and the same are stated to be alleged on information and belief, and as to those matters, I believe
them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon
the following: Investigation and Reports; and
3. The reason I make this Affirmation instead of defendant is that defendant is
a corporation and no officer of defendant corporation is within the County wherein affirmant
maintains her office.
I affirm that the foregoing statements are true under the penalties of perjury.
DATED: New York, New York
October 21, 2020
_________________
EMILY ASHMAN
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020
AFFIRMATION OF SERVICE
EMILY ASHMAN, an attorney duly admitted to practice law in the State of New
York, affirms the following under penalties of perjury, pursuant to C.P.L.R. § 2106: On October
22, 2020, I served the within: SECOND SUPPLEMENTAL VERIFIED BILL OF
PARTICULARS AS TO AFFIRMATIVE DEFENSES, by electronically filing the same on
NYSCEF and thereby serving:
LAW OFFICE FEDER & RODNEY, PLLC
651A Coney Island Avenue, Suite 2C
Brooklyn, NY 11218
718-625-1111
Attorneys for Plaintiff, DANIEL DaCRUZ
______________________________
EMILY ASHMAN
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FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------------------------------------------------------X
DANIEL DaCRUZ, Index No. 621771/2019
Date Filed: 11/01/2019
Plaintiff,
-against-
ISLAND PAVING & MASONRY INC., "JOHN DOE",
a fictitious name meant designate the subject
operator-employee and ISLAND PAVEMENT CUTTING
CO., INC.,
Defendants.
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SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS AS TO
AFFIRMATIVE DEFENSES
Pursuant to 22 NYCRR §130-1.1-a, the undersigned, an Attorney admitted to practice law in the
Courts of the State of New York, does hereby certify the attached papers.
______________________________
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Preview
FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------X DANIEL DaCRUZ, Index No. 621771/2019 Date Filed: 11/01/2019 Plaintiff, SECOND SUPPLEMENTAL -against- VERIFIED BILL OF PARTICULARS AS TO ISLAND PAVING & MASONRY INC., "JOHN DOE", AFFIRMATIVE DEFENSES a fictitious name meant designate the subject operator-employee and ISLAND PAVEMENT CUTTING CO., INC., Defendants. --------------------------------------------------------------------X C O U N S E L O R S: Defendant, ISLAND PAVEMENT CUTTING CO., INC., by its attorneys CONWAY, FARRELL, CURTIN & KELLY, P.C., as and for its Second Supplemental Verified Bill of Particulars as to Affirmative Defenses, alleges upon information and belief: 1. Section 1401 et seq. of the CPLR: Objection, this has not been pled as an affirmative defense and, therefore, no particularization is required. Without waiving said objection, Answering Defendant sets forth that CPLR Section 1401 speaks for itself in setting forth that when two or more parties are subject to liability for damages for the same personal injury, one party may claim contribution among them. Defendant reserves its right to supplement this response upon completion of further discovery. PLEASE TAKE FURTHER NOTICE, that Defendant ISLAND PAVEMENT CUTTING CO., INC., reserves the right to supplement and amend its responses should additional information become available. 1 of 5 FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020 DATED: New York, New York October 21, 2020 CONWAY, FARRELL, CURTIN & KELLY, P.C. By:____________________________ Emily Ashman Attorneys for Defendant, ISLAND PAVEMENT CUTTING CO., INC 48 Wall Street – 20th Floor New York, N.Y. 10005 (212) 785-2929 TO: LAW OFFICE FEDER & RODNEY, PLLC 651A Coney Island Avenue, Suite 2C Brooklyn, NY 11218 718-625-1111 Attorneys for Plaintiff, DANIEL DaCRUZ NO APPEARANCE TO DATE Defendant, ISLAND PAVING & MASONRY INC. 2 of 5 FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020 ATTORNEY'S VERIFICATION BY AFFIRMATION I, the undersigned, am an attorney admitted to practice in the Courts of the State of New York, and say: 1. That I am the attorney of record for the defendant, ISLAND PAVEMENT CUTTING CO., INC.; 2. That I have read the annexed SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES and know the contents thereof and the same are stated to be alleged on information and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Investigation and Reports; and 3. The reason I make this Affirmation instead of defendant is that defendant is a corporation and no officer of defendant corporation is within the County wherein affirmant maintains her office. I affirm that the foregoing statements are true under the penalties of perjury. DATED: New York, New York October 21, 2020 _________________ EMILY ASHMAN 3 of 5 FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020 AFFIRMATION OF SERVICE EMILY ASHMAN, an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury, pursuant to C.P.L.R. § 2106: On October 22, 2020, I served the within: SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES, by electronically filing the same on NYSCEF and thereby serving: LAW OFFICE FEDER & RODNEY, PLLC 651A Coney Island Avenue, Suite 2C Brooklyn, NY 11218 718-625-1111 Attorneys for Plaintiff, DANIEL DaCRUZ ______________________________ EMILY ASHMAN 4 of 5 FILED: SUFFOLK COUNTY CLERK 10/22/2020 02:25 PM INDEX NO. 621771/2019 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------------------------------------------------------X DANIEL DaCRUZ, Index No. 621771/2019 Date Filed: 11/01/2019 Plaintiff, -against- ISLAND PAVING & MASONRY INC., "JOHN DOE", a fictitious name meant designate the subject operator-employee and ISLAND PAVEMENT CUTTING CO., INC., Defendants. --------------------------------------------------------------------X SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES Pursuant to 22 NYCRR §130-1.1-a, the undersigned, an Attorney admitted to practice law in the Courts of the State of New York, does hereby certify the attached papers. ______________________________ 5 of 5