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EXHIBIT C
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SUPREME COURTOF THE STATE OF NEW YOR.K
COUNTY OF KINGS
Index No.: 521818/2018
JULIEAYALA,
VERIFIED BILL OF
PARTICULARS
against-
94TH AVENUE JAMAICA, LLC andARTIMUS
CONSTRUCTION INC.,
Defendant(s).
TAKE that the pursuant to Rule 3043 of the Civil Practice
PLEASE NOTICE, plaintiff,
and pursuant to the demands of defendants set forth the following particulars with
Law and Rules,
respect to the allegations of the complaint herein:
Plaintiff's date of birth is March 1967. Demand for social security number is
1. 18,
will be provided in document available in a public file maintained by the
irnproper and not any
(l"
within County. See v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 Dept.
Clerk for the Seelig
Bibeau v. Cantianue Figure Club, 294 A.D.2d 525, 742 N.Y.S.2d 864 (2d Dept.
1993); Skating
refer to authorizations provided with plaintiff's Response to Combined Demands
2002). Please
for the requested information.
2. DATE OF ACCIDENT: March 26, 2018.
3. TIME OF ACCIDENT: 11:40 PM.
LOCATION OF ACCIDENT: Staircase of premises located at 147-20 94th
4.
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 agents, servants, and/or employees in the ownership, operation,
maintenance, management and control of the location and work area, in that they caused, permitted and
condition; in failingto provide plaintiffwith a safe place to work; in failingto instituteany safetyprocedures;
in failingto adhere to standard safety procedures and deviating from said procedures; in failingto warn the
plaintiffand others of the attendant dangers and perils; in failing to properly plan, direct, inspect and
supervise the work/construction and equipment at the aforesaid work/construction site;in failingto provide
proper lighting at the work area and site;in permitting and/or allowing a dangerous, hazardous and 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 failingto take the necessary precautions and safeguards to prevent
the occurrence aforementioned; in carelessly,recklessly and negligently creating a hazardous, dangerous,
traplikecondition; in failingto properly inspect and/or provide suitable means of protecting and safeguarding
persons at the work area and in
site; failing to keep the work area in a safe condition; in failing to provide
plaintiffwith 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 Law;
That defendants, their agents, servants and einployees herein were negligent and careless in
that they violated their duty to persons lawfully on the aforesaid staircase and to this plaintiff in
.
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and the aforesaid staircase to be, become
particular by knowingly, permitting, suffering allowing
and traplike condition; in failing to take
and remain in a defective, dangerous, broken, unsafe,
of persons on the said staircase; in failing to have and
suitable precautions for the safety lawfully
safe and proper in to timely, adequately and properly
the said staircase in a manner; failing
keep
in to make adequate and proper inspections of
repair and/or restore the said staircase; failing timely,
in a nail to protrude on a staircase;in failing to remove
the conditions of the said staircase; allowing
to adequate and competent personnel to inspect, maintain
the nail from staircase; in failing employ
in that failed to place barriers, guards or other warnings at,
and/or repair the said staircase; they
unsafe and traplike condition at and upon the said
about and around the dangerous, existing
the said staircase in reckless disregard for the safety of plaintiff
staircase; in that they maintained
the in to warn the plaintiffof the dangerous, unsafe and
and others lawfully traversing same; failing
and in to take all necessary and proper means and
traplike condition of the said staircase; failing
accident. That their agents, servants and/or employees
precautions to avoid the said defendants,
culpable in negligently, causing, creating and
were negligent and guilty of conduct, carelessly
staircase be and remain in an unsafe and dangerous condition; and in failing to
said to
permitting
staircase free from hazards and obstructions; in negligently permitting said
keep and maintain said
dangerous to persons along; in causing, creating, suffering and
staircase to be and remain passing
condition to remain and exist for a period of time thereon; in
permitting said defective long
said staircase for theirbenefit; in causing, permitting and creating a
negligently and carelessly using
and in otherwise careless and negligent in the premises.
nuisance thereon; being
this pursuant to CPLR 3042(a), as palpably improper and
6. Plaintiff objects to demand,
bill of particulars. See DiMarco v. Consolidated Rail Corp., 131
is not included in a
properly
Dept. Coleman v. Richards, 138 A.D.2d 556, 526
A.D.2d 627, 516 N.Y.S.2d 712 (2nd 1987);
.
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N.Y.S.2d 138 (2nd Dept. 1988); State ofNew York v. Horsemen's Benevolent Protective Assoc.,
34 A.D.2d 769, 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 and/or 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. Seg 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.2d 769, 31I N.Y.S.2d 511 (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.,
131 A.D.2d 627, 516 N.Y.S.2d 712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 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.2d 769, 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.
11. 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
AN MRI OF THE CERVICAL SPINE PERFORMED ON JUNE 14, 2018
REVEALED THE FOLLOWING:
CENTRAL/LEFT PARACENTRAL C6-7 DISC HERNIATION RESULTING IN MILD-TO-
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. STERILE 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 C7/T1 INTERVERTEBRAL DISC SPACE WAS OBTAINED.
FOR LOCAL ANESTHESIA, THE SKIN WAS INFILTRATED WITH 1 ML 1 %
LIDOCAINE USING A 27 G NEEDLE. WITH THE OUIDE OF FLUOROSCOPIC AP AND
LATERAL VIEWS, ALSO USING A LOSS OF RESISTANCE TECHNIQUE A 20 GAUGE
.... TUOHY_EPIDURAL NE_EDLE WA-S CAREFULLY ADVANCED TO THE POSTERIOR
EPIDURAL SPACE OF C7/T1. THERE WERE NO PARESTHESIAS. UPON ASPIRATION,
THERE WAS NO BLOOD OR CSF. EPIDUROGRAPHY WITH RADIOPAQUE (ISOVUE 3
ML) WAS PERFORMED, UNDER LIVE FLUOROSCOPY AND THE FLOW WAS NOTED
TO GO UP 2LEVELS AND DOWN 1. AFTER MAKING SURE THAT THE FLOW WAS
UNIFORM AND THAT THERE WAS NO INTRAVASCULAR OR INTRATHECAL
UPTAKE A SOLUTION OF DEXAMETHASONE 5M0, 2 ML OF PF 0.9% SALINE, AND 2
ML 1% LIDOCAINE PF WAS EASILY INJECTED EPIDURALLY. THE PATIENT
TOLERATED THE PROCEDURE WELL. THERE WERE NO APPARENT
IMMEDIATE POST PROCEDURE COMPLICATIONS. THE PATIENT WAS ABLE TO
AMBULATE AS PRIOR TO THE PROCEDURE. MOTOR FUNCTION WAS TESTED AND
WAS IDENTICAL TO PRE PROCEDURE. THE PATIENT WAS DISCHARGED IN
STABLE CONDITION WITHINSTRUCTIONS TO NOT 0ET 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
ROTATION IS 40 DEGREES (80 DEOREES NORMAL).
MILD DESICCATION OF THE T6-7 AND T9-10 DISC
AN MRI OF THE LUMBAR SPINE PERFORMED ON JUNE 14, 2018 REVEALED 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 15, 2018 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
_.----4N MRLO&THEMGHT-ELROWJEREORMED QN AUGUST 15, 2018 REVEALED
THE FOLLOWING:
PARTIAL TEAR VERSUS TENDINOSIS OF THE LATERAL COLLATERAL LIOAMENT
SMALL JOINT EFPUSION
JOINT SPACE NARROWING AND THINNING OF THE CARTILAOE IN THE ELBOW
JOIN'
AN EMG STUDY CONDUCTED ON JULY 2, 2018 REVEALED THE FOLLOWING;
EVIDENCE OF LEFT C6-C7 RADICULOPATHY
EVIDENCE OF RIGHT SENSORIMOTOR MEDIAN NERVE NEUROPATHY AT THE
WRIST CONSISTENT WITH THE CLINICAL DIAONOSIS OF CARPEL TUNNEL
SYNDROME
AN MRI OF THE LEFT KNEE PERFORMED ON MAY 9, 2018 REVEALED THE
FOLLOWING:
ORADE I INJURY OF THE MEDIAL COLLATERAL LIOAMENT
TOTNTRFFIIRIGN AND R AKER'S CYST
SOFT TISSUE EDEMA
LEFT KNEE SYNOVITIS
SURGERY PERFORMED OF THE LEFT KNEE ON OCTOBER 21, 2018 BY DR.
DANILO SOTELO-GARZA AS FOLLOWS:
DESCRIPTION OF PROCEDURE:
THE PATIENT WAS TAKEN TO THE OPERATINO 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 COAOULATION. 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
_SHAVINGllSINGRADIOFREQUENCY_ABLATION AND COAGULATION. THE
_.
ANTERIOR CRUCIATE WAS NOTED TO HAVE SPLAYING OF ITS FIBERS WHICH
REQUIRED DEBRIDEMENT USING RADIOFREQUENCY COAGULATION. THE JOINT
WAS THOROUGHLY IRRIGATEDWITH 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
F_QL_;OWING:
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
Y;F
DEBRIDEMENT OF ANTERIOR 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
.
4
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REQUIRED DEBRIDEMENT USING RADIOFREQUENCY COAGULATION. THE JOINT
WAS THOROUGHLY IRRIGATED WITHH SALINE SOLUTION. THE WOUNDS 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 isanticipated that the plaintiff will he 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, tenderness, 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, 2018, any and all pre-existing
injuries and/or conditions suffered by the plaintiff have been precipitated, aggravated and
exacerbated and have made the plaintiff more susceptible to additional injuries in the future.
In addition, the plaintiffwill claim psychic and emotional injuries which have been,
are being, or will be suffered in the future as a direct result of the aforementioned injuries
consisting, more particularly, of the following:
Extreme emotional distress, nervousness, tension, anxiety, 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 nonnal 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 perfonned 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 frial oC
this action any and allsequelae 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.
3d
located at 2253 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.
(c) Plaintiff was working 40 hours per week and was eaming $15.00 per hour.
Plaintiff's weekly income was $600.00.
Plaintiff is $18,600.00 in lostwages (31 weeks *
(d) claiming $600.00).
11 Plaintiff was not a shident 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. S_ee 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.2d 769, 311 N.Y.S.2d 511 (2nd Dept. 1970). Executed authorizations allowing
.
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obtain plaintiff's medical records are annexed to plaintiff's Response to Combined
defendant to
Demands.
Plaintiff was confined to bed from the date of accident to present and
16. (a)
except when personal reasons require plaintiff to leave her bed.
continuing,
Plaintiff was confined to home from the date of accident to present and
(b)
except when personal reasons require plaintiff to leave her home.
continuing,
subject plaintiff has sustained the following special
17. As a result of the occurrence,
damages:
Hospital: Approximately $5,000.00
(a)
Medical: Approximately $50,000.00
(b)
X-rays: Approximately $5,000.00
(c)
Nurses' hospital expenses. Additionally, plaintiff's
expenses: Included in
(d)
and friends provided services at no charge
family nursing
to plaintiff.
Medicines & Medical supplies:Approximately $68.00
(e&f)
(g) Other: Transportati
the right to update special damages prior to the trialof this
Plaintiff reserves
action.
Plaintiff resides at 1355 East New York Avenue, Apt 5E, Brooklyn, NY I1212.
18.
19. LOSS OF SERVICES: Not applicable.
defendants violated all those statutes, ordinances, rules and
20. It is elaimed that
and the particular numbers, chapters and sections of
regulations in the cases made provided,
.
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FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 77 135 RECEIVED NYSCEF: 06/24/2022 10/01/2022 EXHIBIT C FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 77 135 54 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 10/02/2020 SUPREME COURTOF THE STATE OF NEW YOR.K COUNTY OF KINGS Index No.: 521818/2018 JULIEAYALA, VERIFIED BILL OF PARTICULARS against- 94TH AVENUE JAMAICA, LLC andARTIMUS CONSTRUCTION INC., Defendant(s). TAKE that the pursuant to Rule 3043 of the Civil Practice PLEASE NOTICE, plaintiff, and pursuant to the demands of defendants set forth the following particulars with Law and Rules, respect to the allegations of the complaint herein: Plaintiff's date of birth is March 1967. Demand for social security number is 1. 18, will be provided in document available in a public file maintained by the irnproper and not any (l" within County. See v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 Dept. Clerk for the Seelig Bibeau v. Cantianue Figure Club, 294 A.D.2d 525, 742 N.Y.S.2d 864 (2d Dept. 1993); Skating refer to authorizations provided with plaintiff's Response to Combined Demands 2002). Please for the requested information. 2. DATE OF ACCIDENT: March 26, 2018. 3. TIME OF ACCIDENT: 11:40 PM. LOCATION OF ACCIDENT: Staircase of premises located at 147-20 94th 4. Avenue, Jamaica, New York. . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 7754 135 RECEIVED RECEIVED NYSCEF: 06/24/2022 10/01/2022 NYSCEF: 10/02/2020 5. That the aforesaid occurrence was caused by the negligence, carelessness, recklessness and culpable conduct of the defendants, their agents, servants, and/or employees in the ownership, operation, maintenance, management and control of the location and work area, in that they caused, permitted and condition; in failingto provide plaintiffwith a safe place to work; in failingto instituteany safetyprocedures; in failingto adhere to standard safety procedures and deviating from said procedures; in failingto warn the plaintiffand others of the attendant dangers and perils; in failing to properly plan, direct, inspect and supervise the work/construction and equipment at the aforesaid work/construction site;in failingto provide proper lighting at the work area and site;in permitting and/or allowing a dangerous, hazardous and 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 failingto take the necessary precautions and safeguards to prevent the occurrence aforementioned; in carelessly,recklessly and negligently creating a hazardous, dangerous, traplikecondition; in failingto properly inspect and/or provide suitable means of protecting and safeguarding persons at the work area and in site; failing to keep the work area in a safe condition; in failing to provide plaintiffwith 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 Law; That defendants, their agents, servants and einployees herein were negligent and careless in that they violated their duty to persons lawfully on the aforesaid staircase and to this plaintiff in . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC .NO. NO. 77 135 54 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 10/02/2020 and the aforesaid staircase to be, become particular by knowingly, permitting, suffering allowing and traplike condition; in failing to take and remain in a defective, dangerous, broken, unsafe, of persons on the said staircase; in failing to have and suitable precautions for the safety lawfully safe and proper in to timely, adequately and properly the said staircase in a manner; failing keep in to make adequate and proper inspections of repair and/or restore the said staircase; failing timely, in a nail to protrude on a staircase;in failing to remove the conditions of the said staircase; allowing to adequate and competent personnel to inspect, maintain the nail from staircase; in failing employ in that failed to place barriers, guards or other warnings at, and/or repair the said staircase; they unsafe and traplike condition at and upon the said about and around the dangerous, existing the said staircase in reckless disregard for the safety of plaintiff staircase; in that they maintained the in to warn the plaintiffof the dangerous, unsafe and and others lawfully traversing same; failing and in to take all necessary and proper means and traplike condition of the said staircase; failing accident. That their agents, servants and/or employees precautions to avoid the said defendants, culpable in negligently, causing, creating and were negligent and guilty of conduct, carelessly staircase be and remain in an unsafe and dangerous condition; and in failing to said to permitting staircase free from hazards and obstructions; in negligently permitting said keep and maintain said dangerous to persons along; in causing, creating, suffering and staircase to be and remain passing condition to remain and exist for a period of time thereon; in permitting said defective long said staircase for theirbenefit; in causing, permitting and creating a negligently and carelessly using and in otherwise careless and negligent in the premises. nuisance thereon; being this pursuant to CPLR 3042(a), as palpably improper and 6. Plaintiff objects to demand, bill of particulars. See DiMarco v. Consolidated Rail Corp., 131 is not included in a properly Dept. Coleman v. Richards, 138 A.D.2d 556, 526 A.D.2d 627, 516 N.Y.S.2d 712 (2nd 1987); . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 7754 135 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 10/02/2020 N.Y.S.2d 138 (2nd Dept. 1988); State ofNew York v. Horsemen's Benevolent Protective Assoc., 34 A.D.2d 769, 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 and/or 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. Seg 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.2d 769, 31I N.Y.S.2d 511 (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., 131 A.D.2d 627, 516 N.Y.S.2d 712 (2nd Dept. 1987); Coleman v. Richards, 138 A.D.2d 556, FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 135 7754 RECEIVED RECEIVED NYSCEF: 06/24/2022 10/01/2022 NYSCEF: 10/02/202C 526 N.Y.S.2d 138 (2nd Dept. 1988); State of New York v. Horsemen's Benevolent Protective Assoc., 34 A.D.2d 769, 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. 11. 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 AN MRI OF THE CERVICAL SPINE PERFORMED ON JUNE 14, 2018 REVEALED THE FOLLOWING: CENTRAL/LEFT PARACENTRAL C6-7 DISC HERNIATION RESULTING IN MILD-TO- 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. STERILE TECHNIQUE WAS MAINTAINED. THE INJECTION SITE WAS WIDELY PREPPEDWITH CHLORHEXIDINE/ALCOHOL . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. NO. DOC. NO. 135 7754 RECEIVED NYSCEF: 06/24/2022 10/01/2022 RECEIVED NYSCEF: 10/02/202C AND STERILE BARRIERS WERE APPLIED. USING FLUOROSCOPY AN ANTERIOR- POSTERIOR VIEW OF THE C7/T1 INTERVERTEBRAL DISC SPACE WAS OBTAINED. FOR LOCAL ANESTHESIA, THE SKIN WAS INFILTRATED WITH 1 ML 1 % LIDOCAINE USING A 27 G NEEDLE. WITH THE OUIDE OF FLUOROSCOPIC AP AND LATERAL VIEWS, ALSO USING A LOSS OF RESISTANCE TECHNIQUE A 20 GAUGE .... TUOHY_EPIDURAL NE_EDLE WA-S CAREFULLY ADVANCED TO THE POSTERIOR EPIDURAL SPACE OF C7/T1. THERE WERE NO PARESTHESIAS. UPON ASPIRATION, THERE WAS NO BLOOD OR CSF. EPIDUROGRAPHY WITH RADIOPAQUE (ISOVUE 3 ML) WAS PERFORMED, UNDER LIVE FLUOROSCOPY AND THE FLOW WAS NOTED TO GO UP 2LEVELS AND DOWN 1. AFTER MAKING SURE THAT THE FLOW WAS UNIFORM AND THAT THERE WAS NO INTRAVASCULAR OR INTRATHECAL UPTAKE A SOLUTION OF DEXAMETHASONE 5M0, 2 ML OF PF 0.9% SALINE, AND 2 ML 1% LIDOCAINE PF WAS EASILY INJECTED EPIDURALLY. THE PATIENT TOLERATED THE PROCEDURE WELL. THERE WERE NO APPARENT IMMEDIATE POST PROCEDURE COMPLICATIONS. THE PATIENT WAS ABLE TO AMBULATE AS PRIOR TO THE PROCEDURE. MOTOR FUNCTION WAS TESTED AND WAS IDENTICAL TO PRE PROCEDURE. THE PATIENT WAS DISCHARGED IN STABLE CONDITION WITHINSTRUCTIONS TO NOT 0ET 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 ROTATION IS 40 DEGREES (80 DEOREES NORMAL). MILD DESICCATION OF THE T6-7 AND T9-10 DISC AN MRI OF THE LUMBAR SPINE PERFORMED ON JUNE 14, 2018 REVEALED 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 15, 2018 REVEALED THE FOLLOWING: TENDINOSIS OF THE DISTAL SUPRASPINATUS FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 77 135 54 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 10/02/2020 MILD BICEPS TENOSYNOVITIS ACROMIOCLAVICULAR JOINT CAPSULAR HYPETROPHY WITH CONTUSION OR STRESS REACTION IN THE DISTAL CLAVICLE _.----4N MRLO&THEMGHT-ELROWJEREORMED QN AUGUST 15, 2018 REVEALED THE FOLLOWING: PARTIAL TEAR VERSUS TENDINOSIS OF THE LATERAL COLLATERAL LIOAMENT SMALL JOINT EFPUSION JOINT SPACE NARROWING AND THINNING OF THE CARTILAOE IN THE ELBOW JOIN' AN EMG STUDY CONDUCTED ON JULY 2, 2018 REVEALED THE FOLLOWING; EVIDENCE OF LEFT C6-C7 RADICULOPATHY EVIDENCE OF RIGHT SENSORIMOTOR MEDIAN NERVE NEUROPATHY AT THE WRIST CONSISTENT WITH THE CLINICAL DIAONOSIS OF CARPEL TUNNEL SYNDROME AN MRI OF THE LEFT KNEE PERFORMED ON MAY 9, 2018 REVEALED THE FOLLOWING: ORADE I INJURY OF THE MEDIAL COLLATERAL LIOAMENT TOTNTRFFIIRIGN AND R AKER'S CYST SOFT TISSUE EDEMA LEFT KNEE SYNOVITIS SURGERY PERFORMED OF THE LEFT KNEE ON OCTOBER 21, 2018 BY DR. DANILO SOTELO-GARZA AS FOLLOWS: DESCRIPTION OF PROCEDURE: THE PATIENT WAS TAKEN TO THE OPERATINO 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 COAOULATION. ALSO MEDIAL PLICA WAS . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 .....- . .......-- -..... ... ....-. ...-, --, -.... .-- .-., NYSCEF NYSCEF DOC. DOC. NO. NO. 77 135 54 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 10/02/2020 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 _SHAVINGllSINGRADIOFREQUENCY_ABLATION AND COAGULATION. THE _. ANTERIOR CRUCIATE WAS NOTED TO HAVE SPLAYING OF ITS FIBERS WHICH REQUIRED DEBRIDEMENT USING RADIOFREQUENCY COAGULATION. THE JOINT WAS THOROUGHLY IRRIGATEDWITH 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 F_QL_;OWING: 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 Y;F DEBRIDEMENT OF ANTERIOR 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 . 4 FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 135 7754 RECEIVED NYSCEF: 06/24/2022 10/01/2022 RECEIVED NYSCEF: 10/02/202C REQUIRED DEBRIDEMENT USING RADIOFREQUENCY COAGULATION. THE JOINT WAS THOROUGHLY IRRIGATED WITHH SALINE SOLUTION. THE WOUNDS 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 isanticipated that the plaintiff will he 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, tenderness, 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, 2018, any and all pre-existing injuries and/or conditions suffered by the plaintiff have been precipitated, aggravated and exacerbated and have made the plaintiff more susceptible to additional injuries in the future. In addition, the plaintiffwill claim psychic and emotional injuries which have been, are being, or will be suffered in the future as a direct result of the aforementioned injuries consisting, more particularly, of the following: Extreme emotional distress, nervousness, tension, anxiety, 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 nonnal 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 perfonned by the plaintiff, both now and in the future. . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 135 7754 RECEIVED NYSCEF: 06/24/2022 10/01/2022 RECEIVED NYSCEF: 10/02/202C 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 frial oC this action any and allsequelae 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. 3d located at 2253 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. (c) Plaintiff was working 40 hours per week and was eaming $15.00 per hour. Plaintiff's weekly income was $600.00. Plaintiff is $18,600.00 in lostwages (31 weeks * (d) claiming $600.00). 11 Plaintiff was not a shident 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. S_ee 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.2d 769, 311 N.Y.S.2d 511 (2nd Dept. 1970). Executed authorizations allowing . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 77 135 54 RECEIVED RECEIVED NYSCEF: NYSCEF: 06/24/2022 10/01/2022 10/02/2020 obtain plaintiff's medical records are annexed to plaintiff's Response to Combined defendant to Demands. Plaintiff was confined to bed from the date of accident to present and 16. (a) except when personal reasons require plaintiff to leave her bed. continuing, Plaintiff was confined to home from the date of accident to present and (b) except when personal reasons require plaintiff to leave her home. continuing, subject plaintiff has sustained the following special 17. As a result of the occurrence, damages: Hospital: Approximately $5,000.00 (a) Medical: Approximately $50,000.00 (b) X-rays: Approximately $5,000.00 (c) Nurses' hospital expenses. Additionally, plaintiff's expenses: Included in (d) and friends provided services at no charge family nursing to plaintiff. Medicines & Medical supplies:Approximately $68.00 (e&f) (g) Other: Transportati the right to update special damages prior to the trialof this Plaintiff reserves action. Plaintiff resides at 1355 East New York Avenue, Apt 5E, Brooklyn, NY I1212. 18. 19. LOSS OF SERVICES: Not applicable. defendants violated all those statutes, ordinances, rules and 20. It is elaimed that and the particular numbers, chapters and sections of regulations in the cases made provided, . FILED: KINGS COUNTY CLERK 06/24/2022 10/01/2022 02:39 02:55 PM INDEX NO. 521818/2018 NYSCEF NYSCEF DOC. DOC. NO.