Preview
FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022
EXHIBIT A
FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------X
SARAH M. LANZA, Index No.: 523020/2020
Plaintiff(s),
-against- VERIFIED
BILL OF
PARTICULARS
SANTO MERCEDES BAEZ
and GUMA CONSTRUCTIO,
Defendant(s).
---------------------------------------------------------Ç
The Plaintiff, by her undersigned counsel, alleges upon information and belief as follows,
Defendants'
in response to the Bill of Particulars demand:
defendants'
An objection is made to the entire Bill of Particulars demand of the because itis
almost entirely beyond the scope of a permissible Bill of Particulars demand in a personal injury
action as provided for by CPLR 3043(a). CPLR 3043(a) sets forth:
"(a) Specified particulars. In actions to recover for personal injuries the following particulars
may be required:
(1) The date and approximate time of day of the occurrence;
(2) Its approximate location;
(3) General statement of the acts or omissions constituting the negligence claimed;
(4) Where notice of a condition is a prerequisite, whether actual or constructive notice is
claimed;
(5) If actual notice is claimed, a statement of when and to whom itwas given;
(6) Statement of the injuries and description of those claimed to be permanent, and in an action
designated in subsection (a) of section five thousand one hundred four of the insurance law , for
personal injuries arising out of negligence in the use or operation of a motor vehicle in this state,
in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of section five
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thousand one hundred two of the insurance law , or economic loss greater than basic economic
loss, as defmed in subsection (a) of section five thousand one hundred two of the insurance law ;
(7) Length of time confined to bed and to house;
(8) Length of time incapacitated from employment; and
physicians'
(9) Total amounts claimed as special damages for services and medical supplies; loss
nurses' services."
of earnings, with name and address of the employer; hospital expenses;
defendants'
Accordingly, the billof particulars demand is palpably improper in totality. To the
extent that proper demands are made in light of the following objections, which are compliant
with CPLR 3043(a), corresponding particulars shall be furnished.
However, while objecting, and reserving all rights to further object, the plaintiff alleges as
follows:
1. State the date and time of day of the occurrence. In all respects, this demand is
improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR 6 3043.
The Bill of Particulars is designed to amplify the pleadings, it is not a discovery device.
However, without waiving said objection, according to police accident report annexed hereto, the
occurrence occurred on March 11, 2020, at approximately 12:45 PM, and occurred on North 10
Street, at or near the intersecting street of Driggs Avenue, in the County of Kings, City and State
of New York.
2. The location ofthe occurrence. In all respects, this demand is improper, evidentiary, and
beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. The Bill of Particulars is
designed to amplify the pleadings, it is not a discovery device. However, without waiving
"1"
objection, please refer to response to item above.
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3. Description of vehicles involved. In all respects, this demand is improper, evidentiary,
and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043.
4. Set forth factually and specifically in what way it is claimed this party was negligent,
indicating each and every act or omission constituting this party's negligence. In all respects,
this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to
CPLR § 3043. However, without waiving said objection, upon information and belief, the
Defendant was careless and negligent in the ownership, operation, maintenance, management
and control of the aforesaid motor vehicle; in failing to look, in failing to see, in failing to be
observant of the surrounding circumstances; in failing to be observant of the traffic and roadway
conditions at the time and place of this accident; in failing to keep and maintain a proper lookout
upon the road; in failing to be and remain reasonably alert; in failing to keep a proper vigil upon
the roadway; in failing to make prompt, proper and timely use of braking mechanism; in failing
to make prompt, proper and timely use of the steering mechanism of the aforesaid motor vehicle;
in failing to maintain the braking and steering mechanisms of the aforesaid motor vehicle in
proper and adequate condition and repair; in failing to give any signal, sound or warning of the
approach of the aforesaid motor vehicle; in failing to be observant of the vehicle upon the
roadway; in causing allowing and permitting defendant's motor vehicle to strike and come into
contact with the plaintiff's vehicle, with such force so as to cause serious and severe injuries to
the plaintiff; in following too close; in failing to leave sufficient space between vehicles; in
failing to obey traffic control device; in failing to exercise due and required care, caution and
forbearance in the operation and control of the aforesaid motor vehicle so as to have avoided this
accident and the resulting injuries to the plaintiff herein; and in violating those statues, rules,
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ordinances and regulations as such may apply to the facts of this case, of which this Court will
take Judicial Notice at the time of the trial of this action.
Section 1100. Obedience to and effect of traffic laws.
Section 1101. Required obedience to traffic laws.
Section 1110. Fail to obey traffic control device.
Section 1129. Following too close.
Section 1129. Failed to leave sufficient space between vehicles.
Section 1146. Causes physical injury by failing to use due care.
Section 1146. Causes serious physical injury by failing to use due care.
Section 1200. Basic rules.
Section 1212. Reckless driving.
"4"
5. Statutesviolated. Please refer to response to item above.
6. A statement of injuries and description of those claimed to be permanent. In all
respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars
pursuant to CPLR § 3043. However, without waiving said objection, Plaintiff has suffered a
serious injury in that she has a permanent consequential limitation of use of a body organ or
member; a significant limitation of use of a body function or member; a medically determined
injury or impairment of a non-permanent nature which prevents her from performing
substantially all the material acts which constitute her usual and customary activities for 90 of
the first 180 days after this accident. Plaintiff sustained economic loss in excess of basic
economic loss as defined by Section 5102 of the Insurance Law of the State of New York in that
Plaintiff has or will incur medical, hospital, surgical, nursing, dental, ambulance, x-ray,
prescription drug and prosthetic services, psychiatric, physical and occupational therapy and
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rehabilitation, any other professional health services, and all other reasonable and necessary
expenses that have or will exceed $50,000.00.
As a result of the accident herein, Plaintiff has sustained the following serious and severe
personal injuries:
LEFT KNEE
" Severe post traumatic radial tear the medial meniscus;
involving
" Severe post traumatic interstitial tear of anterior cruciate ligament;
" performed Dr. Kenneth McCulloch MD, on November 12, 2020,
Surgery by
consisting of the following procedures:
> Left knee arthroscopic partial medial meniscectomy;
> Partial lateral meniscectomy;
> Extensive synovectomy;
" Severe post traumatic suprapatellar joint effusion;
" Medial anterior compartment cartilagenous injury;
" of medial patellar facet;
Irregularity
" Irregularity of medial femoral trochlear cartilage;
" Sprain/strain of leftknee;
" Grade-2 chondromalacia;
" Limited range of motion;
" Stiffness;
" Numbness;
" Tingling;
LEFT SHOULDER
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" Severe post traumatic nondisplaced labral SLAP tear;
" Severe post traumatic nondisplaced tear at posteroinferior labrum;
" Severe post traumatic partial thickness tear of supraspinatus tendon with
delamination component extending into anterior fibers of infraspinatus tendon;
" performed Dr. Kenneth McCulloch MD, on August 6, 2020, of
Surgery by consisting
the following procedures:
> Left shoulder arthroscopic rotator cuff repair;
> Left shoulder arthroscopic biceps tenodesis;
> Left shoulder arthroscopic SLAP and labral debridement;
> Left shoulder arthroscopic lysis of adhesions;
> Left shoulder arthroscopic extensive synovectomy;
> Left shoulder arthroscopic lysis of the CA ligament;
" performed Dr. Paul-Michel Dossons MD, on 13, 2020, of
Surgery by July consisting
the following procedure:
> Injection of dilute gadolinium into left glenohumeral joint;
> Flouroscopic guidance;
" Chondromalacia;
" Bankart lesion;
" Synovitis;
" Distal anterolateral infraspinatus tendinosis/tendinopathy;
" Hypertrophic development in the acromioclavicular joint;
" Lateral acromion with inferolateral spur abuts the supraspinatus;
" Synovial fluid in glenohumeral joint;
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" Prominent fluid in subacromial region compatible with bursitis;
" Superolateral humeral marginal surface spurringand subsurface erosion;
" Anteromedial humeral marginal surface irregularity with spurring;
" Labral deficiency;
" Restrictions to range of motion;
" Radiation to bilateral lower extremities;
" Stiffness;
" Numbness;
" Tingling;
" to perform regular daily activities;
Inability
PELVIS / LEFT HIP
" Severe post traumatic focal interstitial tear involving gluteus medius tendon near
insertion with mild trochanteric bursitis;
" performed by Dr. Joseph Jiminez MD, on August 1, 2020, consisting of the
Surgery
following procedures:
> Left Sacroiliac Joint Injection;
> Fluoroscopic Needle Guidance;
" performed by Dr. Joseph Jiminez MD, on July 18, 2020, consisting of the
Surgery
following procedures:
> Left Sacroiliac Joint Injection;
> Fluoroscopic Needle Guidance;
" Severe arthritis the hip joints bilaterally;
" Severe arthritis of the symphysis pubis and sacroiliac joints;
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" Bilateral inguinal hernias containing fat;
" Severe soft tissue swelling;
" Severe pain;
throbbing
" Restrictions to range of motion;
" Radiation to bilateral lower extremities;
" Stiffness;
" Numbness;
" Tingling;
BRAIN
" Severe post traumatic derangement of major metabolite ratios within the centrum
semiovale most compatible with traumatic brain injury;
" Severe post traumatic interval development of significant cortical atrophy within
the left frontal lobe;
" Severe post traumatic flow signal reduction within the left transverse sinus;
" Severe post traumatic headaches;
" Severe post traumatic lethargy;
" Severe pain radiating to upper and lower extremities;
" Numbness;
" Tingling;
HEAD
" Severe post traumatic head trauma;
" Severe headaches;
" Lethargy;
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" Severe pain to upper and lower extremities;
radiating
" Numbness;
" Tingling;
CERIVAL
" Severe post traumatic posterior disc herniation at C4-C5 indenting the ventral
subarachnoid space;
" Severe post traumatic posterior disc herniation at C5-C6 effacing the ventral
subarachnoid space and abutting cord;
" performed by Dr. Joseph Jiminez MD, on August 1, 2020, consisting of the
Surgery
following procedures:
> Trigger Point Injection;
> Right trapezius rhomboids cervical and thoracic paraspinals, serratus
anterior, left glute medius, leftITB;
> Ultrasound guidance;
" performed by Dr. Joseph Jiminez MD, on July 18, 2020, consisting of the
Surgery
following procedures:
> Trigger Point Injection;
> Right trapezius rhomboids cervical and thoracic paraspinals, serratus
anterior, left glute medius, leftITB;
> Ultrasound guidance;
" Bilateral Cervical facet arthropathy;
" Sprain/strain of cervical ligaments;
" Severe spasm bilaterally at cranial-cervical junction;
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" Right-sided spastic trapezius;
" Joint and abnormal movement;
instability
" Paraspinal muscle tenderness and spasms palpated;
" Restrictions to range of motion;
" Radiation to bilateral lower extremities;
" Stiffness;
" Numbness;
" Tingling;
" to perform regular daily activities;
Inability
" Need for future medical attention;
LUMBAR
" Severe post traumatic posterior disc herniation at L2-L3 the thecal sac;
indenting
" Lumbar Radiculitis;
" Lower back pain and stiffness with restriction of motion and radiation to bilateral
lower extremities;
" Straight Supine Positive bilaterally;
Leg Raising
" Paraspinal muscle tenderness, spasms and trigger points appreciated bilaterally;
" Kemp's Test Positive and indicative of nerve root compression;
" Nachlas Test Positive and indicative of nerve root compression;
" Joint and abnormal movement;
instability
" Paraspinal muscle tenderness, spasms;
" Stiffness;
" Numbness;
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" Tingling;
" Need for future medical treatment;
OTHER INJURIES
" Severe neck pain and stiffness with restriction of motion and radiation to bilateral
upper and lower extremities and left shoulder;
" Bilateral pain;
hip
" Bilateral shoulder pain;
" Difficulties neck, sitting, standing, bending, pushing, pulling, lifting,
turning/flexing
transitioning from sitting to standing, sleeping, working, recreational activities,
concentrating, driving, and performing daily activities.
All of the above injuries are claimed to be permanent in nature concurrent with soft
tissue injuries to the muscles, ligaments, tendons, blood vessels, connective tissue, resulting in
pain, deformity, stiffness restrictions and limitations in motion, atrophy, mental anguish, anxiety
and insomnia, which will prevent the plaintiff from enjoying the normal fruits of her activities
and the normal enjoyment of life.
As the result of the above injuries, plaintiff suffers pain and tenderness, weakness, loss of
function, loss of strength, limitation and restriction of motion and pain upon motion. Plaintiff
was caused to suffer severe anxiety and concern over possible development of further
complications due to plaintiff's injuries. Upon information and belief, the accident and plaintiff's
resulting trauma aggravated, activated and/or precipitated any underlying hypertrophic,
degenerative, arthritic, circulatory, arterial, venous and/or systemic conditions which were
asymptomatic prior to the accident complained of.
All the aforementioned injuries, manifestations, resulting disabilities and involvements
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are associated with further soft tissue injuries to the areas traumatically affected, including
injury, tearing, derangement and damage to the associated muscle groups, ligaments, tendons,
blood supply, nerves and nerve tissue, epithelial tissue, soft tissue, all concomitant to the specific
injuries and related to many portions mentioned hereinabove, with resulting pain, deformity and
disability, stiffness, tenderness, weakness and partial restriction and limitation of motion and
pain on motion and possible loss of the use of the above mentioned parts, atrophy, anxiety and
mental anguish. All have substantially prevented plaintiff from enjoying the normal fruits of
activities (social, economic and educational).
Upon information and belief, these injuries and their sequelae are permanent, chronic and
lasting in their nature and character with permanent effects of pain, loss of use, loss of motion,
disability, loss of proper use, atrophy, anxiety, embarrassment and mental anguish. Plaintiff
reserves the right to prove any and all further consequences arising out of the said injuries up to
and at the time of trial.
"6"
7. Injuries claimed to be permanent. Please refer to response to item above.
8. Aggravation conditions. Plaintiff is not aggravation of pre-
of pre-existing claiming
existing conditions.
"6"
9. Serious injuries, economic loss. Please refer to response to item above.
"6"
10. Additional serious injury information. Please refer to response to item above.
11. Length of time confined to hospital, home and bed. In all respects, this demand is
palpably improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR S
3043. However, without waiving said objection, upon information and belief, Plaintiff was
confined to Mount Sinai Hospital Queens, located at 25-10 30th Ave, Astoria, NY 11102.
Annexed hereto please find an authorization to obtain plaintiffs hospital records. Upon
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information and belief, while Plaintiff was not strictly confined to bed and home, and except for
necessary visits to her medical providers, Plaintiff was intermittently confined depending upon
the degree of the pain and discomfort. When not confined, Plaintiff was forced to maintain
drastically reduced and curtailed activities including being unable to perform household chores
and general outside household maintenance in the same manner as he could prior to the
occurrence as well as being unable to participate, or participating in a limited way, in
recreational and social activities. Plaintiff was further confined to bed and home after undergoing
Left Knee Arthroscopy on November 12, 2020. Plaintiff was further confined to bed and home
after undergoing Left Shoulder Arthroscopy on August 6, 2020. Plaintiff reserves the right to
amend and/or supplement this response at any time up to and including the date of trial.
12. Time confined to bed. Please refer to response to item "11".
13. Time confined to home. Please refer to response to item "11".
physicians'
14. Itemized amounts claimed as special damages for (a) services and medical
supplies (b) loss of earnings, with name and address of employer (c) hospital expenses, and
names of hospitals (d) nurse's services (e) other items of special damages; state names and
addresses of allproviders plaintiff treated with. Plaintiff objects to this demand as improper for
a bill of particulars in that defendants are only entitled to "total amounts claimed for special
services."
damages for physician CPLR Section 3043(9). However, without waiving said
objection, the amounts have not yet been calculated. Upon information and belief, all accident
related expenses are being submitted for consideration to the appropriate No-Fault Insurance
Carrier, and annexed hereto please find authorization to obtain Plaintiffs No Fault information.
Plaintiff reserves the right to provide a more accurate calculated amount, if any applicable, up
until the date of trial.
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15. Future special damages. In all respects, this demand is palpably improper, evidentiary,
and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. However, without
waiving said objection, upon information and belief, Plaintiff is claiming future special damages
in an amount that is presently unknown.
"15"
16. Additional future damages information. Please refer to response to item above.
17. Employment information, name and address of employer, length of time incapacitated,
lost wages claimed. In all respects, this demand is palpably improper, evidentiary, and beyond
the scope of a Bill of Particulars pursuant to CPLR § 3043. However, without waiving said
objection, upon information and belief, Plaintiff was employed as a housekeeper for Maxwell
NYC Hotel located at 541 Lexington Avenue, New York, NY 10022. Plaintiff was incapacitated
from said employment and is claiming lost wages in an amount that is presently unknown. Please
find annexed hereto an authorization to obtain Plaintiffs employment information. Plaintiff
reserves the right to amend and/or supplement this response at any time up to and including the
date oftrial.
"17"
18. Length of time disabled from employment. Please refer to response to item above.
"17"
19. Employment information. Please refer to response to item above.
"17"
20. Additional employment information. Please refer to response to item above.
21. Self employed information. Plaintiff was not self-employed, this demand is not
applicable.
22. Student information. This demand is not applicable.
23. Address of plaintiff In allrespects, this demand is improper, evidentiary, and beyond the
scope of a Bill of Particulars pursuant to CPLR § 3043. The Bill of Particulars is designed to
amplify the pleadings, it is not a discovery device. However, without waiving said objection,
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upon information and belief, Plaintiffs address is 56-23 Roosevelt Avenue, Floor 2, Woodside
NY 11377.
24. Provide Plaintiff's age and date of birth. In all respects, this demand is improper,
evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR 4 3043. Plaintiff
objects to the demand for her date of birth, as this information is private, protected and privileged
from disclosure. See 22 NYCRR 202.5(e); Meyerson v. Prime Realty Services, 7 Misc.3d 911;
796 N.Y.S.2d 848 (Sup. NY, 2005). However, without waiving said objection, upon information
and belief, Plaintiff is currently 50 years old.
25. Property damage. Plaintiff is claiming property damage in an amount that is presently
unknown. Plaintiff will provide a copy of the repair receipt and or damage appraisal under
separate cover.
26. Loss of services. This demand is not applicable.
PLEASE TAKE NOTICE, that the Plaintiff reserves the right to amend and/or
supplement this Bill of Particulars if and when new information is made available to them or to
their counsel.
Dated: Forest Hills, New York
February 18, 2021 Yours, etc.,
By:d uben Cavidoff, Esq.
The Law Firm of Davidoff & Associates
Attorney for Plaintiff(s)
108-18 Queens Blvd., Suite 404
Forest Hills, NY 11375
(718) 268-8800
TO: LAW OFFICE OF KEVIN J.PHILBIN
Attorneys for Defendants
SANTO MERCEDES BAEZ and
GUMA CONSTRUCTION
One Whitehall Street, 13th Floor
New York, New York 10004-2109
(212) 248-9100
Preview
FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 EXHIBIT A FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------X SARAH M. LANZA, Index No.: 523020/2020 Plaintiff(s), -against- VERIFIED BILL OF PARTICULARS SANTO MERCEDES BAEZ and GUMA CONSTRUCTIO, Defendant(s). ---------------------------------------------------------Ç The Plaintiff, by her undersigned counsel, alleges upon information and belief as follows, Defendants' in response to the Bill of Particulars demand: defendants' An objection is made to the entire Bill of Particulars demand of the because itis almost entirely beyond the scope of a permissible Bill of Particulars demand in a personal injury action as provided for by CPLR 3043(a). CPLR 3043(a) sets forth: "(a) Specified particulars. In actions to recover for personal injuries the following particulars may be required: (1) The date and approximate time of day of the occurrence; (2) Its approximate location; (3) General statement of the acts or omissions constituting the negligence claimed; (4) Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed; (5) If actual notice is claimed, a statement of when and to whom itwas given; (6) Statement of the injuries and description of those claimed to be permanent, and in an action designated in subsection (a) of section five thousand one hundred four of the insurance law , for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of section five FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 thousand one hundred two of the insurance law , or economic loss greater than basic economic loss, as defmed in subsection (a) of section five thousand one hundred two of the insurance law ; (7) Length of time confined to bed and to house; (8) Length of time incapacitated from employment; and physicians' (9) Total amounts claimed as special damages for services and medical supplies; loss nurses' services." of earnings, with name and address of the employer; hospital expenses; defendants' Accordingly, the billof particulars demand is palpably improper in totality. To the extent that proper demands are made in light of the following objections, which are compliant with CPLR 3043(a), corresponding particulars shall be furnished. However, while objecting, and reserving all rights to further object, the plaintiff alleges as follows: 1. State the date and time of day of the occurrence. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR 6 3043. The Bill of Particulars is designed to amplify the pleadings, it is not a discovery device. However, without waiving said objection, according to police accident report annexed hereto, the occurrence occurred on March 11, 2020, at approximately 12:45 PM, and occurred on North 10 Street, at or near the intersecting street of Driggs Avenue, in the County of Kings, City and State of New York. 2. The location ofthe occurrence. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. The Bill of Particulars is designed to amplify the pleadings, it is not a discovery device. However, without waiving "1" objection, please refer to response to item above. FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 3. Description of vehicles involved. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. 4. Set forth factually and specifically in what way it is claimed this party was negligent, indicating each and every act or omission constituting this party's negligence. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. However, without waiving said objection, upon information and belief, the Defendant was careless and negligent in the ownership, operation, maintenance, management and control of the aforesaid motor vehicle; in failing to look, in failing to see, in failing to be observant of the surrounding circumstances; in failing to be observant of the traffic and roadway conditions at the time and place of this accident; in failing to keep and maintain a proper lookout upon the road; in failing to be and remain reasonably alert; in failing to keep a proper vigil upon the roadway; in failing to make prompt, proper and timely use of braking mechanism; in failing to make prompt, proper and timely use of the steering mechanism of the aforesaid motor vehicle; in failing to maintain the braking and steering mechanisms of the aforesaid motor vehicle in proper and adequate condition and repair; in failing to give any signal, sound or warning of the approach of the aforesaid motor vehicle; in failing to be observant of the vehicle upon the roadway; in causing allowing and permitting defendant's motor vehicle to strike and come into contact with the plaintiff's vehicle, with such force so as to cause serious and severe injuries to the plaintiff; in following too close; in failing to leave sufficient space between vehicles; in failing to obey traffic control device; in failing to exercise due and required care, caution and forbearance in the operation and control of the aforesaid motor vehicle so as to have avoided this accident and the resulting injuries to the plaintiff herein; and in violating those statues, rules, FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 ordinances and regulations as such may apply to the facts of this case, of which this Court will take Judicial Notice at the time of the trial of this action. Section 1100. Obedience to and effect of traffic laws. Section 1101. Required obedience to traffic laws. Section 1110. Fail to obey traffic control device. Section 1129. Following too close. Section 1129. Failed to leave sufficient space between vehicles. Section 1146. Causes physical injury by failing to use due care. Section 1146. Causes serious physical injury by failing to use due care. Section 1200. Basic rules. Section 1212. Reckless driving. "4" 5. Statutesviolated. Please refer to response to item above. 6. A statement of injuries and description of those claimed to be permanent. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. However, without waiving said objection, Plaintiff has suffered a serious injury in that she has a permanent consequential limitation of use of a body organ or member; a significant limitation of use of a body function or member; a medically determined injury or impairment of a non-permanent nature which prevents her from performing substantially all the material acts which constitute her usual and customary activities for 90 of the first 180 days after this accident. Plaintiff sustained economic loss in excess of basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York in that Plaintiff has or will incur medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services, psychiatric, physical and occupational therapy and FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 rehabilitation, any other professional health services, and all other reasonable and necessary expenses that have or will exceed $50,000.00. As a result of the accident herein, Plaintiff has sustained the following serious and severe personal injuries: LEFT KNEE " Severe post traumatic radial tear the medial meniscus; involving " Severe post traumatic interstitial tear of anterior cruciate ligament; " performed Dr. Kenneth McCulloch MD, on November 12, 2020, Surgery by consisting of the following procedures: > Left knee arthroscopic partial medial meniscectomy; > Partial lateral meniscectomy; > Extensive synovectomy; " Severe post traumatic suprapatellar joint effusion; " Medial anterior compartment cartilagenous injury; " of medial patellar facet; Irregularity " Irregularity of medial femoral trochlear cartilage; " Sprain/strain of leftknee; " Grade-2 chondromalacia; " Limited range of motion; " Stiffness; " Numbness; " Tingling; LEFT SHOULDER FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 " Severe post traumatic nondisplaced labral SLAP tear; " Severe post traumatic nondisplaced tear at posteroinferior labrum; " Severe post traumatic partial thickness tear of supraspinatus tendon with delamination component extending into anterior fibers of infraspinatus tendon; " performed Dr. Kenneth McCulloch MD, on August 6, 2020, of Surgery by consisting the following procedures: > Left shoulder arthroscopic rotator cuff repair; > Left shoulder arthroscopic biceps tenodesis; > Left shoulder arthroscopic SLAP and labral debridement; > Left shoulder arthroscopic lysis of adhesions; > Left shoulder arthroscopic extensive synovectomy; > Left shoulder arthroscopic lysis of the CA ligament; " performed Dr. Paul-Michel Dossons MD, on 13, 2020, of Surgery by July consisting the following procedure: > Injection of dilute gadolinium into left glenohumeral joint; > Flouroscopic guidance; " Chondromalacia; " Bankart lesion; " Synovitis; " Distal anterolateral infraspinatus tendinosis/tendinopathy; " Hypertrophic development in the acromioclavicular joint; " Lateral acromion with inferolateral spur abuts the supraspinatus; " Synovial fluid in glenohumeral joint; FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 " Prominent fluid in subacromial region compatible with bursitis; " Superolateral humeral marginal surface spurringand subsurface erosion; " Anteromedial humeral marginal surface irregularity with spurring; " Labral deficiency; " Restrictions to range of motion; " Radiation to bilateral lower extremities; " Stiffness; " Numbness; " Tingling; " to perform regular daily activities; Inability PELVIS / LEFT HIP " Severe post traumatic focal interstitial tear involving gluteus medius tendon near insertion with mild trochanteric bursitis; " performed by Dr. Joseph Jiminez MD, on August 1, 2020, consisting of the Surgery following procedures: > Left Sacroiliac Joint Injection; > Fluoroscopic Needle Guidance; " performed by Dr. Joseph Jiminez MD, on July 18, 2020, consisting of the Surgery following procedures: > Left Sacroiliac Joint Injection; > Fluoroscopic Needle Guidance; " Severe arthritis the hip joints bilaterally; " Severe arthritis of the symphysis pubis and sacroiliac joints; FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 " Bilateral inguinal hernias containing fat; " Severe soft tissue swelling; " Severe pain; throbbing " Restrictions to range of motion; " Radiation to bilateral lower extremities; " Stiffness; " Numbness; " Tingling; BRAIN " Severe post traumatic derangement of major metabolite ratios within the centrum semiovale most compatible with traumatic brain injury; " Severe post traumatic interval development of significant cortical atrophy within the left frontal lobe; " Severe post traumatic flow signal reduction within the left transverse sinus; " Severe post traumatic headaches; " Severe post traumatic lethargy; " Severe pain radiating to upper and lower extremities; " Numbness; " Tingling; HEAD " Severe post traumatic head trauma; " Severe headaches; " Lethargy; FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 " Severe pain to upper and lower extremities; radiating " Numbness; " Tingling; CERIVAL " Severe post traumatic posterior disc herniation at C4-C5 indenting the ventral subarachnoid space; " Severe post traumatic posterior disc herniation at C5-C6 effacing the ventral subarachnoid space and abutting cord; " performed by Dr. Joseph Jiminez MD, on August 1, 2020, consisting of the Surgery following procedures: > Trigger Point Injection; > Right trapezius rhomboids cervical and thoracic paraspinals, serratus anterior, left glute medius, leftITB; > Ultrasound guidance; " performed by Dr. Joseph Jiminez MD, on July 18, 2020, consisting of the Surgery following procedures: > Trigger Point Injection; > Right trapezius rhomboids cervical and thoracic paraspinals, serratus anterior, left glute medius, leftITB; > Ultrasound guidance; " Bilateral Cervical facet arthropathy; " Sprain/strain of cervical ligaments; " Severe spasm bilaterally at cranial-cervical junction; FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 " Right-sided spastic trapezius; " Joint and abnormal movement; instability " Paraspinal muscle tenderness and spasms palpated; " Restrictions to range of motion; " Radiation to bilateral lower extremities; " Stiffness; " Numbness; " Tingling; " to perform regular daily activities; Inability " Need for future medical attention; LUMBAR " Severe post traumatic posterior disc herniation at L2-L3 the thecal sac; indenting " Lumbar Radiculitis; " Lower back pain and stiffness with restriction of motion and radiation to bilateral lower extremities; " Straight Supine Positive bilaterally; Leg Raising " Paraspinal muscle tenderness, spasms and trigger points appreciated bilaterally; " Kemp's Test Positive and indicative of nerve root compression; " Nachlas Test Positive and indicative of nerve root compression; " Joint and abnormal movement; instability " Paraspinal muscle tenderness, spasms; " Stiffness; " Numbness; FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 " Tingling; " Need for future medical treatment; OTHER INJURIES " Severe neck pain and stiffness with restriction of motion and radiation to bilateral upper and lower extremities and left shoulder; " Bilateral pain; hip " Bilateral shoulder pain; " Difficulties neck, sitting, standing, bending, pushing, pulling, lifting, turning/flexing transitioning from sitting to standing, sleeping, working, recreational activities, concentrating, driving, and performing daily activities. All of the above injuries are claimed to be permanent in nature concurrent with soft tissue injuries to the muscles, ligaments, tendons, blood vessels, connective tissue, resulting in pain, deformity, stiffness restrictions and limitations in motion, atrophy, mental anguish, anxiety and insomnia, which will prevent the plaintiff from enjoying the normal fruits of her activities and the normal enjoyment of life. As the result of the above injuries, plaintiff suffers pain and tenderness, weakness, loss of function, loss of strength, limitation and restriction of motion and pain upon motion. Plaintiff was caused to suffer severe anxiety and concern over possible development of further complications due to plaintiff's injuries. Upon information and belief, the accident and plaintiff's resulting trauma aggravated, activated and/or precipitated any underlying hypertrophic, degenerative, arthritic, circulatory, arterial, venous and/or systemic conditions which were asymptomatic prior to the accident complained of. All the aforementioned injuries, manifestations, resulting disabilities and involvements FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 are associated with further soft tissue injuries to the areas traumatically affected, including injury, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, blood supply, nerves and nerve tissue, epithelial tissue, soft tissue, all concomitant to the specific injuries and related to many portions mentioned hereinabove, with resulting pain, deformity and disability, stiffness, tenderness, weakness and partial restriction and limitation of motion and pain on motion and possible loss of the use of the above mentioned parts, atrophy, anxiety and mental anguish. All have substantially prevented plaintiff from enjoying the normal fruits of activities (social, economic and educational). Upon information and belief, these injuries and their sequelae are permanent, chronic and lasting in their nature and character with permanent effects of pain, loss of use, loss of motion, disability, loss of proper use, atrophy, anxiety, embarrassment and mental anguish. Plaintiff reserves the right to prove any and all further consequences arising out of the said injuries up to and at the time of trial. "6" 7. Injuries claimed to be permanent. Please refer to response to item above. 8. Aggravation conditions. Plaintiff is not aggravation of pre- of pre-existing claiming existing conditions. "6" 9. Serious injuries, economic loss. Please refer to response to item above. "6" 10. Additional serious injury information. Please refer to response to item above. 11. Length of time confined to hospital, home and bed. In all respects, this demand is palpably improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR S 3043. However, without waiving said objection, upon information and belief, Plaintiff was confined to Mount Sinai Hospital Queens, located at 25-10 30th Ave, Astoria, NY 11102. Annexed hereto please find an authorization to obtain plaintiffs hospital records. Upon FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 information and belief, while Plaintiff was not strictly confined to bed and home, and except for necessary visits to her medical providers, Plaintiff was intermittently confined depending upon the degree of the pain and discomfort. When not confined, Plaintiff was forced to maintain drastically reduced and curtailed activities including being unable to perform household chores and general outside household maintenance in the same manner as he could prior to the occurrence as well as being unable to participate, or participating in a limited way, in recreational and social activities. Plaintiff was further confined to bed and home after undergoing Left Knee Arthroscopy on November 12, 2020. Plaintiff was further confined to bed and home after undergoing Left Shoulder Arthroscopy on August 6, 2020. Plaintiff reserves the right to amend and/or supplement this response at any time up to and including the date of trial. 12. Time confined to bed. Please refer to response to item "11". 13. Time confined to home. Please refer to response to item "11". physicians' 14. Itemized amounts claimed as special damages for (a) services and medical supplies (b) loss of earnings, with name and address of employer (c) hospital expenses, and names of hospitals (d) nurse's services (e) other items of special damages; state names and addresses of allproviders plaintiff treated with. Plaintiff objects to this demand as improper for a bill of particulars in that defendants are only entitled to "total amounts claimed for special services." damages for physician CPLR Section 3043(9). However, without waiving said objection, the amounts have not yet been calculated. Upon information and belief, all accident related expenses are being submitted for consideration to the appropriate No-Fault Insurance Carrier, and annexed hereto please find authorization to obtain Plaintiffs No Fault information. Plaintiff reserves the right to provide a more accurate calculated amount, if any applicable, up until the date of trial. FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 15. Future special damages. In all respects, this demand is palpably improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. However, without waiving said objection, upon information and belief, Plaintiff is claiming future special damages in an amount that is presently unknown. "15" 16. Additional future damages information. Please refer to response to item above. 17. Employment information, name and address of employer, length of time incapacitated, lost wages claimed. In all respects, this demand is palpably improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. However, without waiving said objection, upon information and belief, Plaintiff was employed as a housekeeper for Maxwell NYC Hotel located at 541 Lexington Avenue, New York, NY 10022. Plaintiff was incapacitated from said employment and is claiming lost wages in an amount that is presently unknown. Please find annexed hereto an authorization to obtain Plaintiffs employment information. Plaintiff reserves the right to amend and/or supplement this response at any time up to and including the date oftrial. "17" 18. Length of time disabled from employment. Please refer to response to item above. "17" 19. Employment information. Please refer to response to item above. "17" 20. Additional employment information. Please refer to response to item above. 21. Self employed information. Plaintiff was not self-employed, this demand is not applicable. 22. Student information. This demand is not applicable. 23. Address of plaintiff In allrespects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR § 3043. The Bill of Particulars is designed to amplify the pleadings, it is not a discovery device. However, without waiving said objection, FILED: KINGS COUNTY CLERK 08/20/2022 12:14 AM INDEX NO. 523020/2020 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 08/20/2022 upon information and belief, Plaintiffs address is 56-23 Roosevelt Avenue, Floor 2, Woodside NY 11377. 24. Provide Plaintiff's age and date of birth. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR 4 3043. Plaintiff objects to the demand for her date of birth, as this information is private, protected and privileged from disclosure. See 22 NYCRR 202.5(e); Meyerson v. Prime Realty Services, 7 Misc.3d 911; 796 N.Y.S.2d 848 (Sup. NY, 2005). However, without waiving said objection, upon information and belief, Plaintiff is currently 50 years old. 25. Property damage. Plaintiff is claiming property damage in an amount that is presently unknown. Plaintiff will provide a copy of the repair receipt and or damage appraisal under separate cover. 26. Loss of services. This demand is not applicable. PLEASE TAKE NOTICE, that the Plaintiff reserves the right to amend and/or supplement this Bill of Particulars if and when new information is made available to them or to their counsel. Dated: Forest Hills, New York February 18, 2021 Yours, etc., By:d uben Cavidoff, Esq. The Law Firm of Davidoff & Associates Attorney for Plaintiff(s) 108-18 Queens Blvd., Suite 404 Forest Hills, NY 11375 (718) 268-8800 TO: LAW OFFICE OF KEVIN J.PHILBIN Attorneys for Defendants SANTO MERCEDES BAEZ and GUMA CONSTRUCTION One Whitehall Street, 13th Floor New York, New York 10004-2109 (212) 248-9100