Preview
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------- ------------------------X Index No.: 156981/2019
NEELA LATCHMAN,
Plaintiff,
- against - VERIFIED BILL
OF PARTICULARS
THE CITY OF NEW YORK, PAUL MARTIN AUER
and AAAA YORK INC.,
Defendants.
--------------------------------------------------------X
Plaintiff, by her attorneys, DECOLATOR, COHEN & DIPRISCO, LLP, as and for her
Verified Bill of Particulars, pursuant to the demand of the defendants, PAUL MARTIN AUER
and AAAA YORK INC., alleges, upon information and belief, as follows:
1. Plaintiff's residence: See attached medical authorizations.
Plaintiff's date of birth: See attached medical authorizations.
Plaintiff's Social Security Number: Objection. As disclosing plaintiff's Social
Security Number in the course of litigation necessarily makes that information public, itis
impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C.§ 552 [b][6]
and the Federal Privacy Act of 1974 (Public Law-93-579) § 7. To do so has been held to be "an
privacy"
unwarranted invasion of See,Kupferberg v. State of New York, 97 Misc. 2d 519; 411
N.Y.S.2d 790; 1978 N.Y. Misc. LEXIS 2829. See also, Norwood v. FAA, 993 F.2d
570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban
Development, 852 F. 2d 87; Bibeau v. Cantiague Figure Skating Club, Inc., 294 A.D.2d 525, 742
(2nd (13t
N.Y.S.2d 864 Dep't., 2002);Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 Dep't.,
1994). efGBL 399-dd and Public Officers Law 96-a (which prohibit the disclosure of any
document bearing a person's social security number on a document that may become subject to
review by the general public).
1 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
2. The accident took place on March 8, 2019, at approximately 6:51 a.m.
7th 28th
3-4. The accident took place on Avenue, 250 feet south of West street,
County, City and State of New York.
5. Not applicable.
6-7. Defendants were negligent in that the said defendants did own, operate, maintain,
supervise and control said motor vehicle in a dangerous, negligent, reckless and careless fashion;
failed to exercise proper, reasonable and prudent control over said motor vehicle; did operate the
said motor vehicle in a reckless, careless and negligent manner; operated the said motor vehicle
at a dangerous, reckless, careless and negligent rate of speed; failed to properly control the speed
of the said motor vehicle; failed to properly check the speed of the said motor vehicle; failed and
omitted to operate the said motor vehicle at a speed that was reasonable and prudent under the
conditions then and there existent; failed and omitted to give due regard to the actual and
potential hazards then and there existent; failed to properly bring the said motor vehicle to a halt;
failed to properly control the said motor vehicle; failed to yield the right of way; operated the
said motor vehicle in an unskillful manner; permitted, caused and/or suffered to permit or cause
an incompetent or otherwise improperly trained and supervised person to use defendant's motor
vehicle; failed to properly apply the brakes to the said motor vehicle; failed to observe the
plaintiff; failed to warn the plaintiff upon approach; failed to properly and prudently observe the
road, roadway and traffic conditions then and there existent; failed to keep to the right; failed to
properly and prudently maintain the said motor vehicle; failed to avoid the happening of the
accident complained of; operated the said motor vehicle in a dangerous, illegal, and unsafe
fashion; failed to observe the traffic conditions and traffic control devices, signs and signals;
followed the plaintiff's vehicle too closely; failed to observe, obey and give due regard for the
rules of the road; disregarded traffic signals, signs and devices; the defendants further neglected,
2 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
omitted and/or were and/or culpably negligent in failing to comply with Vehicle and
willfully
Traffic Law Sections 1129(a), 1180(a) 1212 and 375(1).
11. Plaintiff sustained the following injuries:
Surgery
- October 2019 - right wrist
14,
- first dorsal compartment with excision of the first dorsal
tenosynovectomy
compartment and tenosynovectomy of the APL and EPB tendons;
- neurolysis of the superficial branch of the radial nerve;
Right wrist
Dequervains'
tenosynovitis;
Right hand
- pain and swelling;
- sprain of metacarpophalangeal joint of index finger;
Cervical spine
- of the expected lordotic
straightening curvature;
-
C3-4, 3 mm central protrusion contacting the anterior cord;
- broad disc ridge complex and the
C4-5, contacting slightly flattening
anterior cord, resulting in mild to moderate canal and right worse than left
foraminal stenosis;
- disc ridge complex with 5 mm central soft disc component
C5-6,
contacting and slightly flattening the anterior cord, with mild canal
stenosis; disc herniationl;
- minimal disc bulge the anterior thecal
C6,7, flattening sac;
- Spondylosis at C5-6 and
C3-4, C4-5, C6-7;
-
radiculopathy;
- neck pain;
Lumbar spine
- a diffuse disc mild central canal
L4-5, bulge; stenosis;
- a diffuse disc mild central canal
L5-S1, bulge; stenosis;
-
radiculopathy;
Right shoulder
- interstitial infraspinatus
fraying tendon;
- sprain of right acromioclavicular joint;
- of an AC joint cortisone
necessity injection;
Headaches;
Necessity of use of pain relief medication;
Limitation of range of motion of all affected areas;
Sensitivity to climatic changes in all affected areas;
Injury to and involvement of surrounding nerves, blood vessels, tendons,
ligaments, cartilage and soft tissue in and around the above set-forth areas;
Injury to soft tissue, blood vessels and nerves of the affected areas;
3 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
Limitation of activities;
Severe physical trauma.
Severe and persistent pain in all affected areas;
Stiffness and soreness in all affected areas;
That as a result of the aforesaid injuries, plaintiff was caused to and stilldoes suffer from
radiating pain, weakness, tenderness, restriction and limitation of motion with associated
difficulty in lifting,carrying, and sleeping with increased intensification of the symptomatology
complained of upon inclement weather, exertion and/or fatigue.
As a result of the aforesaid injuries, plaintiff was caused to suffer increased tendency to
arthritic degeneration of all affected areas.
All of the aforesaid injuries extended to the surrounding nerves, tendons, tissues,
musculature and bony structures, including but not limited to the periosteum, cortex and blood
circulatory system.
The Plaintiff has been advised and verily believes that the aforesaid injuries are of a
chronic and protracted nature, which have resulted in permanent residuals and/or sequelae.
The Plaintiff will prove upon the trial hereof, the manifestations of the injuries sustained
as well as the medical aid and attention sought and received in an effort to cure and alleviate the
symptomatology complained of,the impairment and loss of function and the resultant diminution
of plaintiff's economic and social capacity.
Upon information and belief, all of the aforementioned injuries and their effects, except
for the contusions and abrasions, are permanent.
9. Plaintiff has sustain a serious injury as defined in Section 5102 (d) of the
Insurance Law of this State in that said injuries have resulted in a permanent loss of use of a
body organ, member, function or system; permanent consequential limitation of use of a body
organ, member, function or system; permanent consequential limitation of use of a body function
or system and/or medically determined injury of impairment of a non-permanent nature which
4 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
prevented the plaintiff's usual and customary daily activities for not less than ninety (90) days
during the one hundred eighty (180) days immediately following the occurrence of the injury or
impairment complained of.
Plaintiff sustained a loss in excess of the basic loss as defined in Insurance Law
5102, including but not limited to all necessary expenses incurred for medical, hospital, surgical,
nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; psychiatric, physical
therapy, and occupational therapy and rehabilitation; any non-medical remedial care and
treatment rendered in accordance with a religious method of healing recognized by the laws of
this state; any other professional health services; loss of earnings from work which the plaintiff
would have performed had he not been injured, and reasonable and expenses incurred
necessary
by plaintiff in obtaining services in lieu of those that he would have performed for income; and
all other reasonable and necessary expenses incurred.
10. 77th
a) Plaintiff was confined to Lenox Hill Hospital, 100 East street, New
York, New York, on the date of the accident for emergency room treatment and released.
b) Plaintiff was confined to bed intermittently for one month.
c) Plaintiff was confmed to the house for one month.
intermittently
11-13. Annexed hereto are duly executed authorizations for the physicians and
treating
hospitals.
14. A pre-existing injury is not being claimed.
15. Improper demand - see CPLR 3043.
16. Plaintiff was totally disabled for one month.
17. Plaintiff is partially disabled to date.
18. Plaintiff was employed as a police officer with the New York Police
City
Department, One Police Plaza, New York, New York, at the time of the accident.
5 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
19. Lost earnings - overtime - to be supplied
20. See response to paragraph #18 above.
21-22. Special damages:
a) Physicians:
Professional PT: $ 3,425.00
b) Nurses: not applicable
c) Hospitals:
Lenox Hill: to be supplied
d) Medical supplies: none at this time
e) X-rays/MRIs: to be supplied
23-24. Annexed hereto is a duly executed authorization to obtain a copy of the
collateral source file.
25-26. A claim for property damage is not being made.
27. Not applicable.
28. A claim for loss of services is not being made.
Dated: Garden City, New York
December 19, 2019 Yours, etc.,
Decolator, Cohen & DiPrisco, LLP
By: Dominic DiPrisco
Attorneys for Plaintiff
1399 Franklin Avenue, Suite 300
Garden City, New York 11530
516-742-6575
TO: Gallo Vitucci Klar LLP
Attorneys for Defendant
Paul Martin Auer and AAAA York Inc.
100 Crossways Park West, Suite 305
Woodbury, New York 11797
646-695-1774
File No. PRO.2019060
6 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
James E. Johnson, Esq.
Attorneys for Defendant
The City of New York
100 Church Street
New York, New York 10007
212-356-3235
File No. 2019-026433
7 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X
NEELA LATCHMAN, Index No.: 156981/2019
Plaintiff, RESPONSE TO
- against - COMBINED DEMANDS
THE CITY OF NEW YORK, PAUL MARTIN AUER
and AAAA YORK INC.,
Defendants.
---------------------------------------------------------------------X
Plaintiff by her attorneys, Decolator, Cohen & DiPrisco, LLP set forth the following upon
information and belief:
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR MEDICARE/MEDICAID INFORMATIOTi
Not applicable.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR SUBSEQUENT INJURY
Not applicable.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR EMPLOYMENT RECORDS
Annexed hereto is a duly executed authorization to obtain a copy of the plaintiff's
employment records.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR MEDICAL INFORMATION
Annexed hereto are duly executed HIPAA compliant authorizations to obtain the plaintiff's
medical records from all treating hospitals and physicians.
Annexed hereto are copies of all medical records in our file at this time.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR SOCIAL MEDIA
Duly executed authorizations for social media will be served under separate cover, if
8 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
applicable.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR STATEMENTS
Plaintiff is not in possession of any statements of any defendant in this action; however,
plaintiff reserves the right to supplement this response in accordance with the CPLR.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR EXPERT WITNESSES
The plaintiff has not yet retained the services of any experts who would be expected to
testify at trial, other than those health-care providers for whom reports/records are exchanged
herein. Plaintiff reserves the right to supplement this response in accordance with the CPLR.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR PHOTOGRAPHS
Plaintiff is not in possession of any photographs at this time; however, plaintiff reserves
the right to supplement this response in accordance with the CPLR.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR ACCIDENT REPORTS
Annexed hereto is a copy of the police accident report. Plaintiff is not in possession of any
other accident reports at thistime; however, plaintiff reserves the right to supplement this response
in accordance with the CPLR.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAN-D FOR WITNESSES
Plaintiff is presently unaware of any other witnesses to the accident, other than the named
parties to this litigation. Plaintiff reserves the right to supplement this response in accordance
with the CPLR.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR COLLATERAL SOURCE RECORDS
Annexed hereto is a duly executed authorization to obtain a copy of the collateral source
9 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
file.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR MARRIAGE CERTIFICATE
Not applicable
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR AFFIDAVITS
Annexed hereto are copies of the affidavits of service.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR DAMAGES
Plaintiff seeks judgment against the answering defendants in the sum of Ten Million
($10,000,000.00) Dollars.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR INCOME TAX RETURNS
Improper demand - Plaintiffwas not self-employed. Income tax returns are non-
discoverable without proof of necessity. Mayo, Lynch and Associates y Fine, 506 NYS 2d 771 (2d
Dept. 1986).
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR SCHOOL
Not applicable.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR WORKERS'
COMPENSATION
Not applicable.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR NO-FAULT RECORDS
Not applicable.
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR SOCIAL SECURITY DISABILITY
Not applicable.
10 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
AS AND FOR A RESPONSE TO DEFENDANT'S
DEMAND FOR INSURANCE INFORMATION
Plaintiff is not in possession of any insurance agreements at this time. Plaintiff reserves
the right to supplement this response in accordance with the CPLR.
Dated: Garden City, New York
December 19, 2019 Yours, etc.,
Decolator, Cohen & DiPrisco, LLP
By: Dominic DiPrisco
Attorneys for Plaintiff
1399 Franklin Avenue, Suite 300
Garden City, New York 11530
516-742-6575
TO: Gallo Vitucci Klar LLP
Attorneys for Defendant
Paul Martin Auer and AAAA York Inc.
100 Crossways Park West, Suite 305
Woodbury, New York 11797
646-695-1774
File No. PRO.2019060
James E. Johnson, Esq.
Attorneys for Defendant
The City of New York
100 Church Street
New York, New York 10007
212-356-3235
File No. 2019-026433
11 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
AFFIDAVIT OF SERVICE
STATE OF NEW YORK)
) ss.:
COUNTY OF NASSAU )
Patricia Mowbray, being duly sworn says:
I am not a party to the action, am over 18 years of age and reside in Bay Shore, New
York.
On December 26, 2011, I served a true copy of the annexed, Verified Bill of Particulars,
Response to Combined Demands and Combined Demands, by mailing the same in a sealed
envelope with postage prepaid thereon, in a post office or official depository of the U.S. Postal
Service within the State of New York addressed to the last known address of the addresses as
indicated below:
Gallo Vitucci Klar LLP
Attorneys for Defendant
Paul Martin Auer and AAAA York Inc.
100 Crossways Park West, Suite 305
Woodbury, New York 11797
646-695-1774
File No. PRO.2019060
James E. Johnson, Esq.
Attorneys for Defendant
The City of New York
100 Church Street
New York, New York 10007
212-356-3235
File No. 2019-026433
(
Patricia Mowbray
Sworn to before me this
26th
day of December, 2019
Notary Public
Erika P.Rivera --T hevEI
Public, State ofNew York
Notary
No. 01R16169847
Qualitietlin Queens County
Cominission Expires July 2, 20 pJ
12 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019
STATE OF NEW YORK, COUNTY OF ss.:
I,the undersigned,an attorney admittedto p c e n e courtsof New York State,
ceruncanon thatthe within
certify
8r Attorney
has been compared by me with the originaland found tobe a trueand complete copy.
O A mq State that
I am
plaintiff
theattorney(s)of record for inthe within
Bill of Particulars
action;I haveread the foregoing and know the contents thereof;
the same is truetomy own kñcw1cdge, except as tothe matterstherein allegedtobe on information and belief,and as to thosematters
I believeit to be true.
The reason thisverificationis made by me and not by plaintiff is because plaintiffresidesin
a county other than the one in which your deponent maintains his office.
The grounds of my beliefas to all
matters notstatedupon my own kñGw1cdge areas follows: conversations with
plaintiff and office records.
I affirmthatthe foregoingstatcscsts are true,
under the penaltiesof perjury.
Dated: Garden New Thenamesignedmustbeprintedbeneath
City, York;
STATE OF NEW YORK, COUNTY OF ss.: DOMINIC DIPRISCO
I,the undersigned,being duly sworn, depose and say:I am
O in theaction;I haveread the foregoing
and know thecontents thereof; thesame is true
to my own knowledge, except
as tothe matterstherein statedto be allegedoñ infesst½n and belief,and as tothose mattersI believeitto be true.
O Corporatethe of
Verification
a corporation and a partyin thewithin action;I haveread the foregoing
and know thecontents thereof;and thesame is true
to my own knowledge,
except as tothe matters therein statedto be alleged upon information and belief, and as tothose mattersI believe itto be true.This
verification
is made by me because theabove partyisa corporationand I am an officerthereof.
The grounds of my beliefas toallmatters not stated
upon my own knowledge are as follows:
.......
. . .....................................
..........,.......
Swornto before me on Thenamesignedmustbeprintedbeneath
STATE OF NEW YORK, COUNTY OF ss.: (If morethanoneboxis check-indicateafternamestypeof serviceused.)
I,the undersigned,being sworn, say:I am not a partytothe action,am over 18 years ofage and reside at
On I servedthe within
O by mailing a copy toeach of the fallswiñgpersons at the last
known address set forthaftereach name below.
by deliveriñga truecopy of each personallyto each person named below atthe address I
indicated. knew eachperson served
O s eon to bethe person scñtieñed and described in saidpapers as a partytherein:
by transditing a copyto the fellesingpersonsby O FAX number
at the telephañe after
set forth each name below O E-MAIL
O sectronic at theE-Mail address set forth
aftereach name below, which was designatedby the attorneyfor suchpurpose, and by mailing a
*
copy to theaddress setforthaftereach name.
Overnight
8 O peliven by dispatchinga copy by overnight deliveryto eachof persons
the falls-cing at the
lastknown address set forth
aftereach
S°"°°
name below.
Sworn tobefore me on
13 of 14
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019
Index No. 156981/2019 Year RJI No. Hon. NYSCEF:
NYSCEF DOC. NO. 9 RECEIVED 12/26/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NEELA LATCHMAN,
Plaintiff,
-against-
THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC.,
Defendants.
Verified Bill of Particulars
Response to Combined Demands
and Combin_ed Demands
DECOLATOR, COHEN, & DIPRISCO, LLP
ATTORNEYS AT LAW
Attorneys for Plaintiff
Officeand Post OfficeAddress,Telephone
1399 Franklin Avenue •Suite 300
GARDEN CITY, NEW YORK 11530
TEL: (516)742-6575
FAX: (516)742-6706
Signature (Rule 130-1.1-a)
To
Print namebeneathDominic DiPrisco
Attorney(s)for
Service of a copy of the within is hereby admitted.
Dated,
.............. ............. ....
Attorney(s)for
Please take notice
NOTICEOF ENTRY
that the within isa (certified)true copy of a
duly entered in the office of the clerk of the within named court on
NOTICEOF SETTLEMENT
that an order of which the within is a true copy will be presented for
settlement to the HON. one ofthe judges
of the within named court, at
on at M
Dated,
Yours, etc.
DECOLATOR, COHEN, & DIPRISCO, LLP
ATTORNEYS AT LAW
Attorneys for
To
Officeand Post OfficeAddress
Attorney(s)for 1399 Franklin Avenue • Suite 300
GARDEN CITY, NEW YORK 11530
14 of 14
Preview
FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------- ------------------------X Index No.: 156981/2019 NEELA LATCHMAN, Plaintiff, - against - VERIFIED BILL OF PARTICULARS THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC., Defendants. --------------------------------------------------------X Plaintiff, by her attorneys, DECOLATOR, COHEN & DIPRISCO, LLP, as and for her Verified Bill of Particulars, pursuant to the demand of the defendants, PAUL MARTIN AUER and AAAA YORK INC., alleges, upon information and belief, as follows: 1. Plaintiff's residence: See attached medical authorizations. Plaintiff's date of birth: See attached medical authorizations. Plaintiff's Social Security Number: Objection. As disclosing plaintiff's Social Security Number in the course of litigation necessarily makes that information public, itis impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C.§ 552 [b][6] and the Federal Privacy Act of 1974 (Public Law-93-579) § 7. To do so has been held to be "an privacy" unwarranted invasion of See,Kupferberg v. State of New York, 97 Misc. 2d 519; 411 N.Y.S.2d 790; 1978 N.Y. Misc. LEXIS 2829. See also, Norwood v. FAA, 993 F.2d 570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban Development, 852 F. 2d 87; Bibeau v. Cantiague Figure Skating Club, Inc., 294 A.D.2d 525, 742 (2nd (13t N.Y.S.2d 864 Dep't., 2002);Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 Dep't., 1994). efGBL 399-dd and Public Officers Law 96-a (which prohibit the disclosure of any document bearing a person's social security number on a document that may become subject to review by the general public). 1 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 2. The accident took place on March 8, 2019, at approximately 6:51 a.m. 7th 28th 3-4. The accident took place on Avenue, 250 feet south of West street, County, City and State of New York. 5. Not applicable. 6-7. Defendants were negligent in that the said defendants did own, operate, maintain, supervise and control said motor vehicle in a dangerous, negligent, reckless and careless fashion; failed to exercise proper, reasonable and prudent control over said motor vehicle; did operate the said motor vehicle in a reckless, careless and negligent manner; operated the said motor vehicle at a dangerous, reckless, careless and negligent rate of speed; failed to properly control the speed of the said motor vehicle; failed to properly check the speed of the said motor vehicle; failed and omitted to operate the said motor vehicle at a speed that was reasonable and prudent under the conditions then and there existent; failed and omitted to give due regard to the actual and potential hazards then and there existent; failed to properly bring the said motor vehicle to a halt; failed to properly control the said motor vehicle; failed to yield the right of way; operated the said motor vehicle in an unskillful manner; permitted, caused and/or suffered to permit or cause an incompetent or otherwise improperly trained and supervised person to use defendant's motor vehicle; failed to properly apply the brakes to the said motor vehicle; failed to observe the plaintiff; failed to warn the plaintiff upon approach; failed to properly and prudently observe the road, roadway and traffic conditions then and there existent; failed to keep to the right; failed to properly and prudently maintain the said motor vehicle; failed to avoid the happening of the accident complained of; operated the said motor vehicle in a dangerous, illegal, and unsafe fashion; failed to observe the traffic conditions and traffic control devices, signs and signals; followed the plaintiff's vehicle too closely; failed to observe, obey and give due regard for the rules of the road; disregarded traffic signals, signs and devices; the defendants further neglected, 2 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 omitted and/or were and/or culpably negligent in failing to comply with Vehicle and willfully Traffic Law Sections 1129(a), 1180(a) 1212 and 375(1). 11. Plaintiff sustained the following injuries: Surgery - October 2019 - right wrist 14, - first dorsal compartment with excision of the first dorsal tenosynovectomy compartment and tenosynovectomy of the APL and EPB tendons; - neurolysis of the superficial branch of the radial nerve; Right wrist Dequervains' tenosynovitis; Right hand - pain and swelling; - sprain of metacarpophalangeal joint of index finger; Cervical spine - of the expected lordotic straightening curvature; - C3-4, 3 mm central protrusion contacting the anterior cord; - broad disc ridge complex and the C4-5, contacting slightly flattening anterior cord, resulting in mild to moderate canal and right worse than left foraminal stenosis; - disc ridge complex with 5 mm central soft disc component C5-6, contacting and slightly flattening the anterior cord, with mild canal stenosis; disc herniationl; - minimal disc bulge the anterior thecal C6,7, flattening sac; - Spondylosis at C5-6 and C3-4, C4-5, C6-7; - radiculopathy; - neck pain; Lumbar spine - a diffuse disc mild central canal L4-5, bulge; stenosis; - a diffuse disc mild central canal L5-S1, bulge; stenosis; - radiculopathy; Right shoulder - interstitial infraspinatus fraying tendon; - sprain of right acromioclavicular joint; - of an AC joint cortisone necessity injection; Headaches; Necessity of use of pain relief medication; Limitation of range of motion of all affected areas; Sensitivity to climatic changes in all affected areas; Injury to and involvement of surrounding nerves, blood vessels, tendons, ligaments, cartilage and soft tissue in and around the above set-forth areas; Injury to soft tissue, blood vessels and nerves of the affected areas; 3 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 Limitation of activities; Severe physical trauma. Severe and persistent pain in all affected areas; Stiffness and soreness in all affected areas; That as a result of the aforesaid injuries, plaintiff was caused to and stilldoes suffer from radiating pain, weakness, tenderness, restriction and limitation of motion with associated difficulty in lifting,carrying, and sleeping with increased intensification of the symptomatology complained of upon inclement weather, exertion and/or fatigue. As a result of the aforesaid injuries, plaintiff was caused to suffer increased tendency to arthritic degeneration of all affected areas. All of the aforesaid injuries extended to the surrounding nerves, tendons, tissues, musculature and bony structures, including but not limited to the periosteum, cortex and blood circulatory system. The Plaintiff has been advised and verily believes that the aforesaid injuries are of a chronic and protracted nature, which have resulted in permanent residuals and/or sequelae. The Plaintiff will prove upon the trial hereof, the manifestations of the injuries sustained as well as the medical aid and attention sought and received in an effort to cure and alleviate the symptomatology complained of,the impairment and loss of function and the resultant diminution of plaintiff's economic and social capacity. Upon information and belief, all of the aforementioned injuries and their effects, except for the contusions and abrasions, are permanent. 9. Plaintiff has sustain a serious injury as defined in Section 5102 (d) of the Insurance Law of this State in that said injuries have resulted in a permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ, member, function or system; permanent consequential limitation of use of a body function or system and/or medically determined injury of impairment of a non-permanent nature which 4 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 prevented the plaintiff's usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment complained of. Plaintiff sustained a loss in excess of the basic loss as defined in Insurance Law 5102, including but not limited to all necessary expenses incurred for medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; psychiatric, physical therapy, and occupational therapy and rehabilitation; any non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this state; any other professional health services; loss of earnings from work which the plaintiff would have performed had he not been injured, and reasonable and expenses incurred necessary by plaintiff in obtaining services in lieu of those that he would have performed for income; and all other reasonable and necessary expenses incurred. 10. 77th a) Plaintiff was confined to Lenox Hill Hospital, 100 East street, New York, New York, on the date of the accident for emergency room treatment and released. b) Plaintiff was confined to bed intermittently for one month. c) Plaintiff was confmed to the house for one month. intermittently 11-13. Annexed hereto are duly executed authorizations for the physicians and treating hospitals. 14. A pre-existing injury is not being claimed. 15. Improper demand - see CPLR 3043. 16. Plaintiff was totally disabled for one month. 17. Plaintiff is partially disabled to date. 18. Plaintiff was employed as a police officer with the New York Police City Department, One Police Plaza, New York, New York, at the time of the accident. 5 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 19. Lost earnings - overtime - to be supplied 20. See response to paragraph #18 above. 21-22. Special damages: a) Physicians: Professional PT: $ 3,425.00 b) Nurses: not applicable c) Hospitals: Lenox Hill: to be supplied d) Medical supplies: none at this time e) X-rays/MRIs: to be supplied 23-24. Annexed hereto is a duly executed authorization to obtain a copy of the collateral source file. 25-26. A claim for property damage is not being made. 27. Not applicable. 28. A claim for loss of services is not being made. Dated: Garden City, New York December 19, 2019 Yours, etc., Decolator, Cohen & DiPrisco, LLP By: Dominic DiPrisco Attorneys for Plaintiff 1399 Franklin Avenue, Suite 300 Garden City, New York 11530 516-742-6575 TO: Gallo Vitucci Klar LLP Attorneys for Defendant Paul Martin Auer and AAAA York Inc. 100 Crossways Park West, Suite 305 Woodbury, New York 11797 646-695-1774 File No. PRO.2019060 6 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 James E. Johnson, Esq. Attorneys for Defendant The City of New York 100 Church Street New York, New York 10007 212-356-3235 File No. 2019-026433 7 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X NEELA LATCHMAN, Index No.: 156981/2019 Plaintiff, RESPONSE TO - against - COMBINED DEMANDS THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC., Defendants. ---------------------------------------------------------------------X Plaintiff by her attorneys, Decolator, Cohen & DiPrisco, LLP set forth the following upon information and belief: AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR MEDICARE/MEDICAID INFORMATIOTi Not applicable. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR SUBSEQUENT INJURY Not applicable. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR EMPLOYMENT RECORDS Annexed hereto is a duly executed authorization to obtain a copy of the plaintiff's employment records. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR MEDICAL INFORMATION Annexed hereto are duly executed HIPAA compliant authorizations to obtain the plaintiff's medical records from all treating hospitals and physicians. Annexed hereto are copies of all medical records in our file at this time. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR SOCIAL MEDIA Duly executed authorizations for social media will be served under separate cover, if 8 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 applicable. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR STATEMENTS Plaintiff is not in possession of any statements of any defendant in this action; however, plaintiff reserves the right to supplement this response in accordance with the CPLR. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR EXPERT WITNESSES The plaintiff has not yet retained the services of any experts who would be expected to testify at trial, other than those health-care providers for whom reports/records are exchanged herein. Plaintiff reserves the right to supplement this response in accordance with the CPLR. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR PHOTOGRAPHS Plaintiff is not in possession of any photographs at this time; however, plaintiff reserves the right to supplement this response in accordance with the CPLR. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR ACCIDENT REPORTS Annexed hereto is a copy of the police accident report. Plaintiff is not in possession of any other accident reports at thistime; however, plaintiff reserves the right to supplement this response in accordance with the CPLR. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAN-D FOR WITNESSES Plaintiff is presently unaware of any other witnesses to the accident, other than the named parties to this litigation. Plaintiff reserves the right to supplement this response in accordance with the CPLR. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR COLLATERAL SOURCE RECORDS Annexed hereto is a duly executed authorization to obtain a copy of the collateral source 9 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 file. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR MARRIAGE CERTIFICATE Not applicable AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR AFFIDAVITS Annexed hereto are copies of the affidavits of service. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR DAMAGES Plaintiff seeks judgment against the answering defendants in the sum of Ten Million ($10,000,000.00) Dollars. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR INCOME TAX RETURNS Improper demand - Plaintiffwas not self-employed. Income tax returns are non- discoverable without proof of necessity. Mayo, Lynch and Associates y Fine, 506 NYS 2d 771 (2d Dept. 1986). AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR SCHOOL Not applicable. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR WORKERS' COMPENSATION Not applicable. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR NO-FAULT RECORDS Not applicable. AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR SOCIAL SECURITY DISABILITY Not applicable. 10 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 AS AND FOR A RESPONSE TO DEFENDANT'S DEMAND FOR INSURANCE INFORMATION Plaintiff is not in possession of any insurance agreements at this time. Plaintiff reserves the right to supplement this response in accordance with the CPLR. Dated: Garden City, New York December 19, 2019 Yours, etc., Decolator, Cohen & DiPrisco, LLP By: Dominic DiPrisco Attorneys for Plaintiff 1399 Franklin Avenue, Suite 300 Garden City, New York 11530 516-742-6575 TO: Gallo Vitucci Klar LLP Attorneys for Defendant Paul Martin Auer and AAAA York Inc. 100 Crossways Park West, Suite 305 Woodbury, New York 11797 646-695-1774 File No. PRO.2019060 James E. Johnson, Esq. Attorneys for Defendant The City of New York 100 Church Street New York, New York 10007 212-356-3235 File No. 2019-026433 11 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 AFFIDAVIT OF SERVICE STATE OF NEW YORK) ) ss.: COUNTY OF NASSAU ) Patricia Mowbray, being duly sworn says: I am not a party to the action, am over 18 years of age and reside in Bay Shore, New York. On December 26, 2011, I served a true copy of the annexed, Verified Bill of Particulars, Response to Combined Demands and Combined Demands, by mailing the same in a sealed envelope with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York addressed to the last known address of the addresses as indicated below: Gallo Vitucci Klar LLP Attorneys for Defendant Paul Martin Auer and AAAA York Inc. 100 Crossways Park West, Suite 305 Woodbury, New York 11797 646-695-1774 File No. PRO.2019060 James E. Johnson, Esq. Attorneys for Defendant The City of New York 100 Church Street New York, New York 10007 212-356-3235 File No. 2019-026433 ( Patricia Mowbray Sworn to before me this 26th day of December, 2019 Notary Public Erika P.Rivera --T hevEI Public, State ofNew York Notary No. 01R16169847 Qualitietlin Queens County Cominission Expires July 2, 20 pJ 12 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/26/2019 STATE OF NEW YORK, COUNTY OF ss.: I,the undersigned,an attorney admittedto p c e n e courtsof New York State, ceruncanon thatthe within certify 8r Attorney has been compared by me with the originaland found tobe a trueand complete copy. O A mq State that I am plaintiff theattorney(s)of record for inthe within Bill of Particulars action;I haveread the foregoing and know the contents thereof; the same is truetomy own kñcw1cdge, except as tothe matterstherein allegedtobe on information and belief,and as to thosematters I believeit to be true. The reason thisverificationis made by me and not by plaintiff is because plaintiffresidesin a county other than the one in which your deponent maintains his office. The grounds of my beliefas to all matters notstatedupon my own kñGw1cdge areas follows: conversations with plaintiff and office records. I affirmthatthe foregoingstatcscsts are true, under the penaltiesof perjury. Dated: Garden New Thenamesignedmustbeprintedbeneath City, York; STATE OF NEW YORK, COUNTY OF ss.: DOMINIC DIPRISCO I,the undersigned,being duly sworn, depose and say:I am O in theaction;I haveread the foregoing and know thecontents thereof; thesame is true to my own knowledge, except as tothe matterstherein statedto be allegedoñ infesst½n and belief,and as tothose mattersI believeitto be true. O Corporatethe of Verification a corporation and a partyin thewithin action;I haveread the foregoing and know thecontents thereof;and thesame is true to my own knowledge, except as tothe matters therein statedto be alleged upon information and belief, and as tothose mattersI believe itto be true.This verification is made by me because theabove partyisa corporationand I am an officerthereof. The grounds of my beliefas toallmatters not stated upon my own knowledge are as follows: ....... . . ..................................... ..........,....... Swornto before me on Thenamesignedmustbeprintedbeneath STATE OF NEW YORK, COUNTY OF ss.: (If morethanoneboxis check-indicateafternamestypeof serviceused.) I,the undersigned,being sworn, say:I am not a partytothe action,am over 18 years ofage and reside at On I servedthe within O by mailing a copy toeach of the fallswiñgpersons at the last known address set forthaftereach name below. by deliveriñga truecopy of each personallyto each person named below atthe address I indicated. knew eachperson served O s eon to bethe person scñtieñed and described in saidpapers as a partytherein: by transditing a copyto the fellesingpersonsby O FAX number at the telephañe after set forth each name below O E-MAIL O sectronic at theE-Mail address set forth aftereach name below, which was designatedby the attorneyfor suchpurpose, and by mailing a * copy to theaddress setforthaftereach name. Overnight 8 O peliven by dispatchinga copy by overnight deliveryto eachof persons the falls-cing at the lastknown address set forth aftereach S°"°° name below. Sworn tobefore me on 13 of 14 FILED: NEW YORK COUNTY CLERK 12/26/2019 10:17 AM INDEX NO. 156981/2019 Index No. 156981/2019 Year RJI No. Hon. NYSCEF: NYSCEF DOC. NO. 9 RECEIVED 12/26/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NEELA LATCHMAN, Plaintiff, -against- THE CITY OF NEW YORK, PAUL MARTIN AUER and AAAA YORK INC., Defendants. Verified Bill of Particulars Response to Combined Demands and Combin_ed Demands DECOLATOR, COHEN, & DIPRISCO, LLP ATTORNEYS AT LAW Attorneys for Plaintiff Officeand Post OfficeAddress,Telephone 1399 Franklin Avenue •Suite 300 GARDEN CITY, NEW YORK 11530 TEL: (516)742-6575 FAX: (516)742-6706 Signature (Rule 130-1.1-a) To Print namebeneathDominic DiPrisco Attorney(s)for Service of a copy of the within is hereby admitted. Dated, .............. ............. .... Attorney(s)for Please take notice NOTICEOF ENTRY that the within isa (certified)true copy of a duly entered in the office of the clerk of the within named court on NOTICEOF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the HON. one ofthe judges of the within named court, at on at M Dated, Yours, etc. DECOLATOR, COHEN, & DIPRISCO, LLP ATTORNEYS AT LAW Attorneys for To Officeand Post OfficeAddress Attorney(s)for 1399 Franklin Avenue • Suite 300 GARDEN CITY, NEW YORK 11530 14 of 14