Legal Document: Julie Ayala v. 94th Avenue Jamaica, Llc, Artimus Construction Inc., Hp Jamaica 94th Avenue Housing Development Fund Company Inc, 94th Avenue Jamaica Li Llc

On October 30, 2018 a EXHIBIT(S) - C (Motion #7) Exh C - Bill of Particulars and Supp Bill of Particulars Redacted per 22 NYCRR - Exh C - Bill of Particulars and Supp Bill of Particulars Redacted was filed involving a dispute between Julie Ayala, and 94Th Avenue Jamaica Li Llc, 94Th Avenue Jamaica, Llc, Artimus Construction Inc., Hp Jamaica 94Th Avenue Housing Development Fund Company Inc, for Torts - Other Negligence (Premises - Labor Law) in the District Court of Kings County.

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FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 09/30/2022

EXHIBIT C
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 09/30/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
IndexNo.: 521818/2018
JULIE AYALA,

Plaintiff(s),
VBRIFIBD BILL OF
PARTICTJLARS
-agalnst-

94TH AVENUE JAMAICA, LLC ANd ARTIMUS
CONSTRUCTION INC.,

Defendant(s)

PLEASE TAKE NOTICE, that the plaintiff, pursuant to Rule 3043 of the Civil Practice

Law and Rules, and pursuant to the demands of defendants set forth the following particulars with

respect to the allegations of the complaint herein:

l. Plaintiffs date of birth is ,1967. Demand for social security number is

improper and will not be provided in any document available in a public file maintained by the

Clerk for the within County. See Seelig v. Sielaff, 201 A.D.2d 298,607 N.Y.S.2d 300 (1't Dept.

1993); Bibeau v. Cantiague Figure Skating Club,294 A.D.2d 525,742 N.Y.S .2d 864 (2d Dept.

2002). Please refer to authorizations provided with plaintiff s Response to Combined Demands

for the requested information.

2. DATE OF ACCIDENT: March26,20l8.

3. TIME OF ACCIDENT: 11:40 PM.

4. LOCATION OF ACCIDENT: Staircase of premises located at 147-20 94th

Avenue, Jamaica, New York.
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5. That the aforesaid occurrence was caused by the negligence, carelessness, recklessness and

culpable conduct of the defendants, their agerrts, seryants, and/or employees in the ownership, operation,

mainterrance, management and control of the location and work area, in that they caused, permitted and

allowed the work area aforementioned to be, becotne and remain in an unsafe hazardous and dangerous

condition; in failing to provide plaintiff with a safe place to work; irr failingto institute arry safety procedures;

in I'ailingto adhere to standard safety procedures and deviating from said procedures; in failing to wam the

plaintiff and others of the attendant dangers and perils; in failing to properly plan, direct, inspect and

supervise the worVconstruction and equipment at the aforesaid work/construction site; in failing to provide

proper lighting at the work area and site; in permitting and/or allowing a dangerous, hazardous arrd traplike

condition to exist and remain; in failing to take the necessary precaution and safeguards to prevent the

occurrence aforementioned; in carelessly, recklessly, and negligently creating a hazardous, dangerous,

traplike condition; in failing to employ, train and supervise competent individuals for the purposes of

preventing this foreseeable occurrence; in failing to take the necessary precautions and safeguards to prevent

the occurrence aforementioned; in carelessly, recklessly and negligently creating a hazardous, dangerous,

traplike condition; in failingto properly inspect and/or provide suitable means of protecting and safeguardirrg

persons at the work area and site; in failing to keep the work area in a safe condition; in failing to provide

plaintiff with a safe place to work; defendants as the property owner failed to take all proper steps

necessary to prevent the happening of this incident; defendants as the General Contractor failed to take all

proper steps necessary to prevent the happening of this incident; defendants as jobsite Contractors failed

to take all proper steps necessary to prevent the happening of this incident; in failing to take all proper

steps necessary to prevent the happening of this incident; that the materials used failed to meet the jobsite

safety requirements in accordance with the New York State Labor L,aw;

That defendants, their agents, seryants and employees herein were negligent and careless in

that they violated their duty to persons lawf.rlly on the aforesaid staircase and to this plaintiff in
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particular by knowingly, permitting, suffering and allowing the aforesaid staircase to be, become

and remain in a defective, dangerous, broken, unsafe, and traplike condition; in failing to take

suitable precautions for the safety of persons lawfully on the said staircase; in failing to have and

keep the said staircase in a safe and proper manner; in failing to timely, adequately and properly

repair and,/or restore the said staircase; in failing to make timely, adequate and proper inspections of

the conditions of the said staircase; in allowing a nail to protrude on a staircase; in failing to remove

the nail from staircase; in failing to employ adequate and competent personnel to inspect, maintain

and/or repair the said staircase; in that they failed to place barriers, guards or other wamings at,

about and around the dangerous, unsafe and traplike condition existing at and upon the said

staircase; in that they maintained the said staircase in reckless disregard for the safety of plaintiff

and others law{ully traversing the same; in failing to warn the plaintiff of the dangerous, unsafe and

traplike condition of the said staircase; and in failing to take all necessary and proper means and

precautions to avoid the said accident. That defendants, their agents, servants and/or employees

were negligent and guilty of culpable conduct, in negligently, carelessly causing, creating and

permitting said staircase to be and remain in an unsafe and dangerous condition; and in failing to

keep and maintain said staircase free from hazards and obstructions; in negligently permitting said

staircase to be and remain dangerous to persons passing along; in causing, creating, suffering and

permitting said defective condition to remain and exist for a long period of time thereon; in

negligently and carelessly using said staircase for their benefit; in causing, permitting and creating a

nuisance thereon; and in otherwise being careless and negligent in the premises.

6. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper and

is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp., 131

A.D.2d 627, 516 N.Y.S.2d 712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556, 526
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N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective Assoc.,

31 A.D.2d769,31I N.Y.S.2d 511 (2nd Dept. 1970).

7 . ' The condition complained of was caused by the positive acts of the negligence of

the defendants by acts of commission and omission on the part of the defendants, and the

plaintiffs need not allege notice. However, the defendant, by their agents, servants and/or

employees created, caused andlor knowingly permitted and allowed the defective, dangerous and

hazardous conditions and activities to exist and continue for a long period of time prior to the

occurrence complained of.

7(a). Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See v. Consolidated

l3l A,D.zd 627,516 N.Y.S.2d712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 5l l (2nd Dept. 1970).

7(b)-(e). Information responsive to this demand is currently within the exclusive

possession of the answering defendant. Plaintiff reserves the right to supplement this response

upon the completion of examinations before trial.

8. Constructive notice is also claimed in that said defective, dangerous and

hazardous conditions and activities existed and continued for a reasonably sufficient period of

time prior to the date of the occurrence to enable knowledge and warrant correction on the part

of the answering defendant herein.

8(a). Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp.,

l3l A.D.2d 627, 516 N.Y.S.2d 712 (2nd Dept. 1981); Coleman v. Richards, 138 A.D.zd 556,
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526 N,Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 511 (2nd Dept. 1970).

8(b). See 4.

8(c). Length of time the condition existed prior to the accident: to be provided

following the completion of examinations before trial.

9. See 5.

10. See 4.

1l. As a result of the subject occurrence, the plaintiff sustained the following injuries, all

of which are believed to be permanent, except those of a superficial nature:

CERVICAL RADICULOPATHY

CERVICALGIA

CERVICAL DISC DISPLACEMENT

HE CERVICAL SPINE PERFORMED
REVEALED F'OI,I,OWING:

CENTRAL/LEFT PARACENTRAL C6-7 DISC HERNIATION RESULTING IN MILD.TO-
MODERATE CENTRAL STENOSIS

BULGING C3-4 THROUGH C5-C6 DISCS RESULTING IN MILD STENOSIS

STRAIGHTENING OF THE NORMAL CERVICAL LORDOSIS LIKELY DUE TO MUSCLE
SPASM AFTER INJURY

DESICCATION AND MILD NARROWING OF THE CENCAL DISC SPACES

A CERVICAL EPIDURAL INJECTION WITH STEROIDS WITH
FLUOROSCOPIC GUIDANCE WAS PERFORMED ON NOVEMBER 21.2018
AND DECEMBER 20, 2018 AS FOLLOWS:

PROCEDURE:
THE PATIENT POSITION WAS PRONE. STEzuLE TECHNIQUE WAS MAINTAINED.
THE INJECTION SITE WAS WIDELY PREPPEDWITH CHLORHEXIDINE/ALCOHOL
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AND STERILE BARRIERS WERE APPLIED. USING FLUOROSCOPY AN ANTERIOR-
POSTERIOR VIEW OF THE CT ITI INTERVERTEBRAL DISC SPACE WAS OBTAINED.
FOR LOCAL ANESTHESIA, THE SKIN WAS INFILTRATED WITH I ML I %
LIDOCAINE USING A27 G NEEDLE. WITH THE GUIDE OF FLUOROSCOPIC AP AND
LATERAL VIEWS, ALSO USING A LOSS OF RESISTANCE TECHNIQUE A 20 GAUGE
TUOHY EPIDURAL NEEDLE WAS CAREFULLY ADVANCED TO THE POSTERIOR
EPIDURAL SPACE OF C7/TI. THERE WERE NO PARESTHESIAS. UPON ASPIRATION,
THERE WAS NO BLOOD OR CSF. EPIDUROGRAPHY WITH RADTOPAQUE (ISOVUE 3
ML) WAS PERFORMED, LINDER LIVE FLUOROSCOPY AND THE FLOW WAS NOTED
TO GO UP 2LEVELS AND DOWN I. AFTER MAKING SURE THAT THE FLOW WAS
UNIFORM AND THAT THERE WAS NO INTRAVASCULAR OR INTRATHECAL
UPTAKE A SOLUTION OF DEXAMETHASONE 5MG, 2}dL OF PF 0.9% SALINE, AND 2
ML I% LIDOCAINE PF WAS EASILY INJECTED EPIDURALI-Y. THE PATIENT
TOLERATED THE PROCEDURE WELL. THERE WERE NO APPARENT
IMMEDIATE POST PROCEDURE COMPLICATIONS. THE PATIENT WAS ABLE TO
AMBULATE AS PzuOR TO THE PROCEDURE. MOTOR FTINCTION WAS TESTED AND
WAS IDENTICAL TO PRE PROCEDURE. THE PATIENT WAS DISCHARGED IN
STABLE CONDITION WITH INSTRUCTIONS TO NOT GET THE INJECTION SITE WET
FOR 24 HOURS.

THE CERVICAL PARASPINAL MUSCLES ARE TENDER TO PALPATION.
CERVICAL SPINE RANGE OF MOTION, ACTIVE AND PASSIVE IS RESTRICTED AS
FOLLOWS : CERVICAL FLEXION IS 20 DEGREES (60 DEGREES NORMAL)
EXTENSION IS 20 DEGREES (45 DEGREES NORMAL) LEFT LATERAL FLEXION IS 20
DEGREES (45 DEGREES NORMAL) RIGHT LATERAL FLEXION IS 20 DEGREES (45
DEGREES NORMAL)LEFT ROTATION IS 40 DEGREES (80 DEGREES NORMAL)RIGHT
ROTATTON rS 40 DEGREES (80 DEGREES NORMAL).

MILD DESICCATION OF THE T6-7 AND T9-10 DISC

AN MRI OF THE LUIVIBAR SPINE PERFORN4ED QILJUNE 14. 2OT8 XEYEALED THE
FOLLOWING:

EVIDENCE FOR MUSCLE SPASM AFTER INJURY WITH STRAIGHTENING OF THE
NORMAL LUMBAR LORDOSIS

DESSICATION AND MILD NARROWING OF THE L4-5 DISC

MILD L4-5 AN L5-S1 FACET ARTHROSIS

AN MRI OF THE LEFT SHOULDER PERFORMED ON JUNE I.5,2OI8 REVEALED
THE FOLLOWING:

TENDINOSIS OF THE DISTAL SUPRASPINATUS
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MILD BICEPS TENOSYNOVITIS

ACROMIOCLAVICULAR JOINT CAPSULAR HYPETROPHY WITH CONTUSION OR
STRESS REACTION IN THE DISTAL CLAVICLE

AN MRI OF THE RIGHT ELBOW PERFORMED ON AUGUST 15. 2OI8 REVEALED
THE FOLLOWING:

PARTIAL TEAR VERSUS TENDINOSIS OF THE LATERAL COLLATERAL LIGAMENT

SMALL JOINT EFFUSION

JOINT SPACE NARROWING AND THINNING OF THE CARTILAGE IN THE ELBOW
JOINT
AN EMG STUDY CONDUCTED ON JULY 2.2018 REVEAI,ED THE FOLLOWING:

EVIDENCE OF LEFT C6-C7 RADICULOPATHY

EVIDENCE OF RIGHT SENSORIMOTOR MEDIAN NERVE NEUROPATHY AT THE
WRIST CONSISTENT WITH THE CLINICAL DIAGNOSIS OF CARPEL TUNNEL
SYNDROME

AN MRT OF THE LEFT KNEE.PERFORMED ON MAY 9,201,8 REVEALED THE
FOLLOWING:

GRADE I INJURY OF THE MEDIAL COLLATERAL LIGAMENT

JOINT EFFUSION AND BAKER'S CYST

SOFT TISSUE EDEMA

LEFT KNEE SYNOVITIS

STIRGERY PERFORMED OF THE LEFT KNEE ON OCTOBER 21.2018 BY DR.
DANILO SOTBLO-GARZA AS FOLLOWS:

DESCRIPTION OF PROCEDURE:
THE PATIENT WAS TAKEN TO THE OPERATING ROOM UNDER GENERAL
ANESTHESIA. THE LEFT KNEE WAS PREPPED. AND DRAPED IN THE USUAL
MANNER. MEDIAL AND LATERAL STAB INJECTIONS WERE MADE. THE
SCOPE WAS INSERTED LATERALLY. THE JOINT WAS EXAMINED. SEVERE
SYNOVITIS WAS NOTED WHICH REQUIRED SYNOVECTOMY USING
RADIOFREQUENCY ABLATION AND COAGULATION. ALSO MEDIAL PLICA WAS
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NOTED WHICH WAS RELEASED USING RADIOFREQUENCY ABLATION AND
COAGULATION. ALSO CHONDROMALACIA OF PATELLA, TROCHLEA AND MEDIAL
FEMORAL CONDYLE WAS NOTED WHICH REQUIRED CHONDROPLASTY USING
RADIOFREQUENCY ABLATION AND COAGULATION. ALSO THE MEDIAL AND
LATERAL MENISCUS EDGE WAS NOTED TO BE FRAYED WHICH REQUIRED
SHAVTNG USING RADIOFREQUENCY ABLATION AND COAGULATION. THE
ANTERIOR CRUCIATE WAS NOTED TO HAVE SPLAYING OF ITS FIBERS WHICH
REQUIRED DEBRIDEMENT USING RADIOFREQUENCY COAGULATION. THE JOINT
WAS THOROUGHLY IRRIGATEDWITII SALINE SOLUTION. THE WOUNDS WERE
CLOSED WITH STAPLES. A COMPRESSION DRESSING WAS APPLIED AND THE
PATIENT WAS DISCHARGED TO THE RECOVERY ROOM AWAKE AND BREATIIING
ON HER OWN WITHOUT COMPLICATION.

AN MRI OF THE RIGHT KNEE PERFORMED ON MAY 14. 2018 REVEALED THE
FOLLOWING:

JOINT EFFUSION AND BAKER'S CYST

SOFT TISSUE EDEMA SEEN ANTERIORLY

CHONDROMALACIA PATELLA

SURGERY PERFORMED ON THE RIGHT KNEE ON SEPTEMBER 23,2018 BY DR.
DANILO SOTELO-GARZA AS FOLLOWS:

PROCEDURE:
RIGHT KNEE OPERATIVE ARTHROSCOPY, SYNOVECTOMY, CHONDROPLASTY OF
PATELLA, TROCHLEA, MEDIAL AND LATERAL FEMORAL CONDYLE,
DEBRIDEMENT OF ANTEzuOR CRUCIATE LIGAMENT AND SHAVING OF MEDIAL
AND LATERAL MENISCUS.

DESCRIPTION OF PROCEDURE:
THE PATIENT WAS TAKEN TO THE OPERATING ROOM UNDER GENERAL
ANETHESIA. THE RIGHT KNEE WAS PREPPED AND DRAPED IN THE USUAL
MANNER. MEDIAL AND LATERAL SLAP INCISIONS WERE MADE. THE SCOPE WAS
INSERTED LATERALLY. THE JOINT WAS EXAMINED. SEVERE SYNOVITIS WAS
NOTED THROUGHOUT THE JOINT WHICH REQUIRED SYNOVECTOMY USING
RADIOFREQUENCY ABLATION AND COAGULATION. ALSO SEVER
CHONDROMALACA PATELLA, TROCHLEAE AND MEDIAL AND LATERAL
FEMORAL CONDYLE WAS NOTED WHICH REQUIRED CHONDROPLASTY USING
RADIOFREQUENCY ABLATION AND COAGULATION. MEDIAL AND LATERAL
MENISCUS WERE NOTED TO HAVE FRAYING OF THE EDGE WHICH REQUIRED
SHAVING USING RADIOFREQUENCY ABLATION AND COAGULATION. ALSO THE
ANTERIOR CRUCIATE WAS NOTED TO HAVE SPLAYING OF THE FIBERS WHICH

a
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REQUIRED DEBRIDEMENT USING RADIOFREQUENCY COAGULATION. THE JOINT
WAS THOROUGHLY IRRIGATED WITHH SALINE SOLUTION. THE WOLINDS WERE
CLOSED WITH STAPLES. A COMPRESSION DRESSING WAS APPLIED AND PATIENT
WAS DISCHARGED TO THE RECOVERY ROOM AWAKE AND BREATHING ON HER
OWN WITHOUT COMPLICATION.

SURGICAL SCAR.

It is anticipated that the plaintiff r,vill be required to undergo future surgery(ies) as a

result of the aforesaid injuries. Further, all of the aforesaid injuries extend to the surrounding

nerves, tendons, tissues, ligaments musculature and bony structure, including but not limited to the

cortex and blood circulatory system and include pain, swelling, tendemess, impairment of function

involving the skin, bone, muscle cartilage, lymphatic and nervous system and other tissues of the

affected and surrounding areas.

As a result of the injuries sustained on March 26, 2078, any and all pre-existing

injuries and/or conditions suffered by the plaintiff have been precipitated. aggtavated and

exacerbated and have made the plaintiff more susceptible to additional injuries in the future.

In addition, the plaintiff will claim psychic and emotional injuries which have been,

are being, or will be suff'ered in the future as a direct result of the aforementioned injuries

consisting, more particularly, of the following:

Extreme emotional distress, nervousness, tension, arxiety, fear, embarrassment,

humiliation and frustration as a result of his constant severe pain and discomfort, and from the

inability to do all things associated with normal physical activities, especially those things

associated with normal household, recreational and work activities and other daily and usual

activities, duties and responsibilities required to be performed by the plaintiff, both now and in the

future.
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In addition, the plaintiff will claim each and every injury contained in the medical

reports which have been or which will be forwarded to the defendant, pursuant to the rules

governing the exchange of medical information.

in addition to the foregoing, the plaintiff reserves the right to prove upon the trial of

this action any and all sequelae resulting from the aforesaid injuries.

In addition, the plaintiff reserves the right to serve a Supplemental Bill of Particulars

upon receipt of further information.

12. (a) Plaintiff was employed by A & M Professional Security Consulting Corp.

located at2253 3'd Avenue, Suite 229, New York, NY 10035

(b) Plaintiff was incapacitated from employment for a period of approximately 7

months and 1 week after the accident.

Plaintiffls weekly income was $600.00.

(d) Plaintiff is claiming $18,600.00 in lost wages (31 weeks * $600.00).

13. Plaintiff was not a student at the time of the accident herein.

14. Plaintiff was seen at the emergency room of Jamaica Hospital located at 8900 Van

Wyck Expressway, Jamaica, New York 11418.

15. Plaintiff objects to this demand. pursuant to CPLR 3042(a), as palpably improper and

is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp., 131

A.D.2d 627, 516 N.Y.S.2d 712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556, 526

N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective Assoc.,

34 A.D.zd 769,311 N.Y.S.2d 511 (2nd Dept. 1970). Executed authorizations allowing
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defendant to obtain plaintiff s medical records are annexed to plaintifls Response to Combined

Demands.

16. (a) Plaintiff was confined to bed from the date of accident to present and

continuing, except when personal reasons require plaintiff to leave her bed.

(b) Plaintiff was confined to home from the date of accident to present and

continuing. except when personal reasons require plaintiff to leave her home.

17 . As a result of the subject occlrnence, plaintiff has sustained the following special

damages:

(a) Hospital: Approximately $5,000.00

(b) Medical: Approximately $50,000.00

(d) Nurses' expenses: Included in hospital expenses. Additionally, plaintifls
family and friends provided nursing services at no charge
to plaintiff.
(e&0 Medicines & Medical supplies:Approximately $68.00

(g) Other: Transportation to and from doctors: $156.00

Plaintiff reserves the right to update special damages prior to the trial of this

action.

18. Plaintiff resides at 1355 East New York Avenue, Apt 5E, Brooklyn, NY Il2l2.
19. LOSS OF SERVICES: Not applicable.

20. It is claimed that defendants violated all those statutes, ordinances, rules and

regulations in the cases made and provided, the particular numbers, chapters and sections of
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which are presently unknown to the plaintiff, but of which the Court will take judicial notice

upon the trial hereof.

21. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Conso lidated Rail Coro..

131 A.D.2d 6)7,516 N.Y.S.2d712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 511 (2nd Dept. 1970).

22. Plaintiff does not allege violations of Section 240 of the Labor Law.

23. Plaintiff does not allege violations of Section 241(6) of the Labor Law.

24. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Rail Com..

131 A.D.2d 627,516 N.Y.S.2d712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v, Horsemen's Benevolent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 5l I (2nd Dept. 1970).

25. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp.,

131 A.D.2d 627,516 N.Y.S.2d712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 511 (2nd Dept. 1970).

26. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp.,

131 A.D.2d 627,516 N.Y.S.2d712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective
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Assoc.,34 A.D.2d769,311 N.Y.S.2d 511 (2nd Dept. 1970). Notwithstanding the foregoing

objection and without waiving same, information responsive to this is currently within the

exclusive possession of the answering defendant. Plaintiff reserves their right to supplement this

demand upon the completion of examinations before trial.

27 . Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp..

131 A.D.2d 627,516 N.Y.S.2d712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. t988); State of New York v. Horsemen 's Benevolent Protective

Assoc., 34 A.D.2d 769,31 1 N.Y.S.2d 51 I (2nd Dept. 1970).

28. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Conso lidated Rail Corn..

131 A.D.2d 627, 516 N.Y.S.2d 712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New Y ork v. Horsemen's Benevo lent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 511 (2nd Dept. 1970).

29. Plaintiff objects to this demand, pursuant to CPLR 3042(a), as palpably improper

and is not properly included in a bill of particulars. See DiMarco v. Consolidated Rail Corp.,

131 A.D.2d 627,516 N.Y.S.2d 712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556,

526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevol ent Protective

Assoc., 34 A.D.2d769,311 N.Y.S.2d 511 (2nd Dept. 1970).

Dated: Deer Park, New York
May 30,2019
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ATTORNEY'S AFFIRMATION

STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )

[, the undersigned, an attorney admified to practice in the courts of New York State, state that:

l. I am the attomey of record for JULIE AYALA in the within action.

2. I have read the foregoing BILL OF PARTICULARS and know the contents thereof. The

same is true to my own knowledge, except as to those matters therein alleged to be on information and belief,

and as to those matters I believe it to be true.

3. The reasorr this verification is made by me and not by the Plaintiff herein is because the

Plaintiffdoes not reside in the County of Suffolk in which said law firm is located.

4. The grounds of my belief as to all matters not stated upon my own knowledge are as

follows: based on records and documents in deponent's possession and conversations had with plaintiff.

I affirm that the foregoing statements are true, under the penalties of perjury.

Dated: May 30,2019

HALLOCK
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 09/30/2022

Yours, etc

& MALERBA, P.C.
By: Larry Hallock
Attomey for Plaintiff
1955 Deer Park Avenue
Deer Park, New York 11729
(63 1) 482-8888

TO GALLO VITUCCI KLAR LLP
Attomeys for Defendants
90 Broad Street, 12ft Floor
New York, NY 10004
(212) 683-sss5
File No: PRO-2019-23
FILED: KINGS COUNTY CLERK 09/30/2022 03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 09/30/2022

AFFIDAVIT OF SERVICE

STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.:

LORIANNE COLUMBO, being duly swom, deposes and says:

I am over 18 years of age, I am not a party to the action, and I reside in Suffolk
County in the State of New York.

I served a true copy of the annexed VERIFIED BILL oF PARTICULARS on May
30,2019 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 addressee as indicated below:

GALLO VITUCCI KLAR LLP
ATTORNEYS FOR DEFENDANTS
90 BROAD STREET
I2TH FLOOR
NEW YORK, NY 1OOO4
PHONE: (212) 683-7100

LUMBO

Sworn to before me on May 30,2019

N Public
DONNA M. FLAEK
Notary Prrblic. Strte ol New Yqrk
No.0lFL503786E
Qualilied in Suffolk County
^9>
20-y
Expires January l7.
Cornmission
FILED: KINGS COUNTY CLERK 08/18/2021
09/30/2022 03:31
03:19 PM INDEX NO. 521818/2018
NYSCEF DOC. NO. 68
122 RECEIVED NYSCEF: 08/18/2021
09/30/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KING
-------------------------X
JULIE AYALA,

SUPPLEMENTAL
PLAINTIFF
VERIFIED BILL
OF PARTICULARS
-AGAINST-

Index No.: 521818/2018

94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC.
AND 94TH AVENUE JAMAICA LI LLC,

DEFENDANTS.
---- ---------------------------------------------------X

94TH AVENUE JAMAICA, LLC, ARTIMUS
CONSTRUCTION INC., HP JAMAICA 94TH AVENUE
HOUSING DEVELOPMENT FUND COMPANY, INC.
AND 94TH AVENUE JAMAICA LI LLC,

THIRD-PARTY PLAINTIFFS,

-AGAINST-

A&M PROFESSIONAL SECURITY CONSULTING
CORP.,

THIRD-PARTY DEFENDANTS.
-------- X

Plaintiff JULIE A. AYALA, by her attorneys, Helen F. Dalton & Associates, P.C., responding

to the demands of Defendant, 94TH AVENUE JAMAICA LI LLC, for a S;spplanental Bill of

Particulars, alleges, upon information and belief, as follows:

l. Plaintiffs date of birth is 1967. Demand for social security number is

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September 30, 2022

Case Filing Date

October 30, 2018

County

Parties

94TH AVENUE JAMAICA LI LLC Defendant
94TH AVENUE JAMAICA, LLC Defendant
ARTIMUS CONSTRUCTION INC. Defendant
AVSHALUMOV, ROMAN MIKHAIL Attorney for the Plaintiff
DIAS, ANCILLA HORTENCIA Attorney for the Defendant
HP JAMAICA 94TH AVENUE HOUSING DEVELOPMENT FUND COMPANY INC Defendant
Julie Ayala Plaintiff
MALERBA, MARY S Attorney for the Plaintiff
WEINSTEIN, BRANDON H. Attorney for the Defendant
WEINSTEIN, BRANDON H. Attorney for the Defendants
STEPHEN MALONEY Attorney
SOFYA JANASHVILI Attorneys for Defendants
TIMOTHY CAMERON Attorneys for Defendants
SALVATORE SERRAVILLO Attorneys for Plaintiffs
HELEN DALTON Attorney
BENJAMIN KURSMAN Attorney
THOMAS REIMEL Attorney
HELEN DYSON Attorney
STEVEN ZUCK
TIMOTHY DUDA Attorney
KELECHI ACHOLONU Attorney
ROSS RUGGIERO Attorneys for Plaintiffs

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Document for Julie Ayala v. 94th Avenue Jamaica, Llc, Artimus Construction Inc., Hp Jamaica 94th Avenue Housing Development Fund Company Inc, 94th Avenue Jamaica Li Llc

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