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FILED: KINGS COUNTY CLERK 08/18/2021
10/01/2022 03:31
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NYSCEF DOC. NO. 68
140 RECEIVED NYSCEF: 08/18/2021
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Helen F. Dalton and Associates, P.C.
Attorneys at Law Roman Arshalumov
SofyaJanashvili
""""8"8^"°™
80-02 Kew Gardens Road, Suite 601, Kew Gardens, NY 11415
T. 718.263.9591 • E 718.263.9598
Helen E Dalton,
Esq.
Founding Partner HelenDaltonPC@HelenDalton.com
1958 - 2018
August N , 2021
Gallo, Vitucci & Klar
90 Broad Street, 3rd Floor
New York, NY 10004
94th
Re: Ayala v. Avenue Jamacia LLC, et al.
Our File No.: 119-0256
Your File No.: PRO-2019-23
Dear Counsel,
Enclosed herewith for service upon you are the following items:
1. Supplemental Verified Bill of Particulars
Thank you for your cooperation and courtesy.
Very truly urs,
Salvatore Serravillo, Esq.
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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 March 18, 1967. Demand for social security number is
improper and will not be provided in any document available in a public filemaintained by the Clerk
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for the within County. See Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1st 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: March 26, 2018.
3. TIME OF ACCIDENT: 11 :40 PM.
94d'
4. LOCATION OF ACCIDENT: Staircase of premises located at 147-20 Avenue,
Jamaica, New York.
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 allowed the work area aforementioned to be, become and remain in an
unsafe hazardous and dangerous condition; in failing to provide plaintiff with a safe place to work; in
failing to institute any safety procedures; in failing to adhere to standard safety procedures and
deviating from said procedures; in failing to warn the plaintiff and 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 failing to 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 failing to take the necessary precautions and safeguards to prevent the occurrence
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aforementioned; in carelessly, recklessly and negligently creating a hazardous, dangerous, traplike
condition; in failing to properly inspect and/or provide suitable means of protecting and safeguarding
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 allproper
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 allproper 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 employees herein were negligent and careless in that they
violated their duty to persons lawfully on the aforesaid staircase and to this plaintiff in 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 warnings 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 lawfully
traversing the same; in failing to warn the plaintiff of the dangerous, unsafe and traplike condition of
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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 perruliting said defective condition to
rernain 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 Coro .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).
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. See DiMarco v. Consolidated Rail Com ..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
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(2nd Dept. 1988); State ofNew York v. Horsemen's Benevolent Protective Assoc., 34 A.D.2d 769,311
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 Com. 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 ofNew 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
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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-MODERA TE 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. STERILE TECHNIQUE WAS MAINTAINED.
THE INJECTION SITE WAS WIDELY PREPPED WITH CHLORHEXIDINE/
ALCOHOL AND STERILE BARRIERS WERE APPLIED. USING FLUOROSCOPY AN
ANTERIOR-POSTERIOR VIEW OF THE C7ffl INTERVERTEBRAL DISC SPACE WAS
OBTAINED. FOR LOCAL ANESTHESIA, THE SKIN WAS INFILTRATED WITH 1 ML
1 % LIDOCAINE USING A 27 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
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POSTERIOR EPIDURAL SPACE OF C7ffl. 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 INTRA
VASCULAR OR INTRATHECAL UPTAKE A SOLUTION OF DEXAMETHASONE
5MG, 2 ML OF PF 0.9% SALINE, AND 2 ML 1 % LIDOCAINE PF WAS EASILY
INJECTED EPIDURALL Y. THE PATIENT TO LERA TED 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 ST ABLE 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
ROTATION IS 40 DEGREES (80 DEGREES NORMAL).
MILD DESICCATION OF THE T6-7 AND T9-10 DISC
AN MRI OF THE LUMBAR SPINE PERFORMED ON JUNE 14, 2018 REVEALED
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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 LS-Sl FACET ARTHROSIS
AN MRI OF THE LEFT SHOULDER PERFORMED ON JUNE 15, 2018 REVEALED
THE FOLLOWING:
TENDINOSIS OF THE DISTAL SUPRASPINATUS
MILD BICEPS TENOSYNOVITIS
ACROMIOCLA VICULAR JOINT CAPSULAR HYPETROPHY WITH CONTUSION
OR STRESS REACTION IN THE DIST AL CLAVICLE
AN MRI OF THE RIGHT ELBOW PERFORMED ON AUGUST 15. 2018
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 REVEALED 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
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SYNDROME
AN MRI OF THE LEFT KNEE PERFORMED ON MAY 9. 2018 REVEALED THE
FOLLOWING:
GRADE I INJURY OF THE MEDIAL COLLATERAL LIGAMENT
JOINT EFFUSION AND BAKER'S CYST
SOFT TISSUE EDEMA
LEFT KNEE SYNOVITIS
SURGERY PERFORMED OF THE LEFT KNEE ON OCTOBER 21. 2018 BY DR..
DANILO SOTELO-GARZA AS FOLLOWSi
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 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 SHAVING USING RADIOFREQUENCY ABLATION
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AND COAGULATION. THE ANTERIOR CRUCIATE WAS NOTED TO HA VE
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 A WAKE AND BREATHING ON HER
OWN WITHOUT COMPLICATION.
AN MRI OF THE RIGHT KNEE PERFORMED ON MAY 14, 2018 REVEALED THE
FOLLOWING:
JOINT EF FUSION 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 ANTERIOR CRUCIATE LIGAMENT AND SHAVING OF
MEDIAL AND LATERAL MENISCUS.
DESCRIPTION OF PROCEDURE:
THE PATIENT WAS TAKEN TO THE OPERA TING ROOM UNDER GENERAL
ANETHESIA. THE RIGHT KNEE WAS PREPPED AND DRAPED IN THE USUAL
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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 HA VE FRAYING OF THE EDGE WHICH REQUIRED
SHA YING USING RADIOFREQUENCY ABLATION AND COAGULATION. ALSO
THE ANTERIOR CRUCIATE WAS NOTED TO HAVE SPLAYING OF THE FIBERS
WHICH 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 AW AKE
AND BREATHING ON HER OWN WITHOUT COMPLICATION.
SURGICAL SCAR.
Itis anticipated that the plaintiff will 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, tenderness, impairment of function
involving the skin, bone, muscle cartilage, lymphatic and nervous system and other tissues of the
affected and surrounding areas.
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As a result of the injuries sustained on March 26, 2018, any and allpre-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 plaintiff will 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, eilibâitassulent, 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.
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 trialof 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
at 2253 3rd Avenue, Suite 229, New York, NY 10035
(b) Plaintiff was incapacitated from employment for a period of approximately 7
months and I week after the accident.
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(c) Plaintiff was working 40 hours per week and was earning $15.00 per hour.
Plaintiffs 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.2d 769,
311 N.Y.S.2d 511 (2nd Dept. 1970). Executed authorizations allowing defendant to obtain plaintiffs
medical records are annexed to plaintiffs 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 Plaintiff
was confined to home from the date of accident to present and
17. As a result of the subject occurrence, plaintiff has sustained the following special
damages:
(a) Hospital: Approximately $5,000
(b) Medical: Approximately $50,000
(c) X-rays: Approximately $5,000
Nurses'
(d) Expenses: Included in hospital expenses. Additionally, plaintiff's family
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and friends provided nursing services at no charge to plaintiff.
(e & f) 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 11212.
19. LOSS OF SERVICES: Not applicable.
20. Defendant ;|ü|;ted all relevüñt rules, statutes, ordinances, and reg:2::!éñs, of which
P|üiñt ff will rely on and ask the Court to take judicial notice of at trial,includiñg allthe applicable
provisioñs of the Labor Law of the State of New York, the Industrial Code of the State of New York
and the provisiüñs of the Occ:;-:2 :! Safety & Health Admini«ration as they pertain to
construction, State and Federal OSHA Rules and Reg:2:2:s; the New York Industrial Code Rule
23 (12 NYCRR 23-1.7 23-1.7 23-1.7 23-1.7 23-1.7 23-
23), including §§ 23-1.5; (a); (b); (d); (e); (f);
1.15; 23-1.16; 23-1.17; 23-1.21; 23-1.22; 23-1.24; 23-2.6; 23-4.1; and applicable Sub-parts of Part
1910- US Occ ;:2::! and Health Administration but not limited to
Safety (OSHA) including
1910.22(a)(1); 1910.22(a)(3); 1910.22(c); and all other applicable sectioñs.
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. 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 ofNew York v. Horsemen's Benevolent Protective Assoc., 34 A.D.2d 769,311
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.
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FILED: KINGS COUNTY CLERK 08/18/2021
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FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 Helen F. Dalton and Associates, P.C. Attorneys at Law Roman Arshalumov SofyaJanashvili """"8"8^"°™ 80-02 Kew Gardens Road, Suite 601, Kew Gardens, NY 11415 T. 718.263.9591 • E 718.263.9598 Helen E Dalton, Esq. Founding Partner HelenDaltonPC@HelenDalton.com 1958 - 2018 August N , 2021 Gallo, Vitucci & Klar 90 Broad Street, 3rd Floor New York, NY 10004 94th Re: Ayala v. Avenue Jamacia LLC, et al. Our File No.: 119-0256 Your File No.: PRO-2019-23 Dear Counsel, Enclosed herewith for service upon you are the following items: 1. Supplemental Verified Bill of Particulars Thank you for your cooperation and courtesy. Very truly urs, Salvatore Serravillo, Esq. 1 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 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 March 18, 1967. Demand for social security number is improper and will not be provided in any document available in a public filemaintained by the Clerk 2 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 for the within County. See Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1st 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: March 26, 2018. 3. TIME OF ACCIDENT: 11 :40 PM. 94d' 4. LOCATION OF ACCIDENT: Staircase of premises located at 147-20 Avenue, Jamaica, New York. 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 allowed the work area aforementioned to be, become and remain in an unsafe hazardous and dangerous condition; in failing to provide plaintiff with a safe place to work; in failing to institute any safety procedures; in failing to adhere to standard safety procedures and deviating from said procedures; in failing to warn the plaintiff and 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 failing to 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 failing to take the necessary precautions and safeguards to prevent the occurrence 3 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 aforementioned; in carelessly, recklessly and negligently creating a hazardous, dangerous, traplike condition; in failing to properly inspect and/or provide suitable means of protecting and safeguarding 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 allproper 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 allproper 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 employees herein were negligent and careless in that they violated their duty to persons lawfully on the aforesaid staircase and to this plaintiff in 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 warnings 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 lawfully traversing the same; in failing to warn the plaintiff of the dangerous, unsafe and traplike condition of 4 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 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 perruliting said defective condition to rernain 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 Coro .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). 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. See DiMarco v. Consolidated Rail Com ..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 5 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 (2nd Dept. 1988); State ofNew York v. Horsemen's Benevolent Protective Assoc., 34 A.D.2d 769,311 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 Com. 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 ofNew 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 6 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 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-MODERA TE 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. STERILE TECHNIQUE WAS MAINTAINED. THE INJECTION SITE WAS WIDELY PREPPED WITH CHLORHEXIDINE/ ALCOHOL AND STERILE BARRIERS WERE APPLIED. USING FLUOROSCOPY AN ANTERIOR-POSTERIOR VIEW OF THE C7ffl INTERVERTEBRAL DISC SPACE WAS OBTAINED. FOR LOCAL ANESTHESIA, THE SKIN WAS INFILTRATED WITH 1 ML 1 % LIDOCAINE USING A 27 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 7 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 POSTERIOR EPIDURAL SPACE OF C7ffl. 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 INTRA VASCULAR OR INTRATHECAL UPTAKE A SOLUTION OF DEXAMETHASONE 5MG, 2 ML OF PF 0.9% SALINE, AND 2 ML 1 % LIDOCAINE PF WAS EASILY INJECTED EPIDURALL Y. THE PATIENT TO LERA TED 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 ST ABLE 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 ROTATION IS 40 DEGREES (80 DEGREES NORMAL). MILD DESICCATION OF THE T6-7 AND T9-10 DISC AN MRI OF THE LUMBAR SPINE PERFORMED ON JUNE 14, 2018 REVEALED 8 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 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 LS-Sl FACET ARTHROSIS AN MRI OF THE LEFT SHOULDER PERFORMED ON JUNE 15, 2018 REVEALED THE FOLLOWING: TENDINOSIS OF THE DISTAL SUPRASPINATUS MILD BICEPS TENOSYNOVITIS ACROMIOCLA VICULAR JOINT CAPSULAR HYPETROPHY WITH CONTUSION OR STRESS REACTION IN THE DIST AL CLAVICLE AN MRI OF THE RIGHT ELBOW PERFORMED ON AUGUST 15. 2018 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 REVEALED 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 9 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 SYNDROME AN MRI OF THE LEFT KNEE PERFORMED ON MAY 9. 2018 REVEALED THE FOLLOWING: GRADE I INJURY OF THE MEDIAL COLLATERAL LIGAMENT JOINT EFFUSION AND BAKER'S CYST SOFT TISSUE EDEMA LEFT KNEE SYNOVITIS SURGERY PERFORMED OF THE LEFT KNEE ON OCTOBER 21. 2018 BY DR.. DANILO SOTELO-GARZA AS FOLLOWSi 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 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 SHAVING USING RADIOFREQUENCY ABLATION 10 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 AND COAGULATION. THE ANTERIOR CRUCIATE WAS NOTED TO HA VE 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 A WAKE AND BREATHING ON HER OWN WITHOUT COMPLICATION. AN MRI OF THE RIGHT KNEE PERFORMED ON MAY 14, 2018 REVEALED THE FOLLOWING: JOINT EF FUSION 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 ANTERIOR CRUCIATE LIGAMENT AND SHAVING OF MEDIAL AND LATERAL MENISCUS. DESCRIPTION OF PROCEDURE: THE PATIENT WAS TAKEN TO THE OPERA TING ROOM UNDER GENERAL ANETHESIA. THE RIGHT KNEE WAS PREPPED AND DRAPED IN THE USUAL 11 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 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 HA VE FRAYING OF THE EDGE WHICH REQUIRED SHA YING USING RADIOFREQUENCY ABLATION AND COAGULATION. ALSO THE ANTERIOR CRUCIATE WAS NOTED TO HAVE SPLAYING OF THE FIBERS WHICH 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 AW AKE AND BREATHING ON HER OWN WITHOUT COMPLICATION. SURGICAL SCAR. Itis anticipated that the plaintiff will 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, tenderness, impairment of function involving the skin, bone, muscle cartilage, lymphatic and nervous system and other tissues of the affected and surrounding areas. 12 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 As a result of the injuries sustained on March 26, 2018, any and allpre-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 plaintiff will 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, eilibâitassulent, 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. 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 trialof 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 at 2253 3rd Avenue, Suite 229, New York, NY 10035 (b) Plaintiff was incapacitated from employment for a period of approximately 7 months and I week after the accident. 13 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 (c) Plaintiff was working 40 hours per week and was earning $15.00 per hour. Plaintiffs 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.2d 769, 311 N.Y.S.2d 511 (2nd Dept. 1970). Executed authorizations allowing defendant to obtain plaintiffs medical records are annexed to plaintiffs 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 Plaintiff was confined to home from the date of accident to present and 17. As a result of the subject occurrence, plaintiff has sustained the following special damages: (a) Hospital: Approximately $5,000 (b) Medical: Approximately $50,000 (c) X-rays: Approximately $5,000 Nurses' (d) Expenses: Included in hospital expenses. Additionally, plaintiff's family 14 of 20 FILED: KINGS COUNTY CLERK 08/18/2021 10/01/2022 03:31 02:55 PM INDEX NO. 521818/2018 NYSCEF DOC. NO. 68 140 RECEIVED NYSCEF: 08/18/2021 10/01/2022 and friends provided nursing services at no charge to plaintiff. (e & f) 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 11212. 19. LOSS OF SERVICES: Not applicable. 20. Defendant ;|ü|;ted all relevüñt rules, statutes, ordinances, and reg:2::!éñs, of which P|üiñt ff will rely on and ask the Court to take judicial notice of at trial,includiñg allthe applicable provisioñs of the Labor Law of the State of New York, the Industrial Code of the State of New York and the provisiüñs of the Occ:;-:2 :! Safety & Health Admini«ration as they pertain to construction, State and Federal OSHA Rules and Reg:2:2:s; the New York Industrial Code Rule 23 (12 NYCRR 23-1.7 23-1.7 23-1.7 23-1.7 23-1.7 23- 23), including §§ 23-1.5; (a); (b); (d); (e); (f); 1.15; 23-1.16; 23-1.17; 23-1.21; 23-1.22; 23-1.24; 23-2.6; 23-4.1; and applicable Sub-parts of Part 1910- US Occ ;:2::! and Health Administration but not limited to Safety (OSHA) including 1910.22(a)(1); 1910.22(a)(3); 1910.22(c); and all other applicable sectioñs. 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. 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 ofNew York v. Horsemen's Benevolent Protective Assoc., 34 A.D.2d 769,311 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. 15 of 20 FILED: KINGS COUNTY CLERK 08/18/2021