Legal Document: Juliet Chin v. Long Island Railroad, Metropolitan Transportation Authority, New York City Transit Authority, Mta New York City Transit, City Of New York

On May 21, 2021 a BILL OF PARTICULARS - Defendant City Of New York was filed involving a dispute between Juliet Chin, and City Of New York, Long Island Railroad, Metropolitan Transportation Authority, Mta New York City Transit, New York City Transit Authority, for Torts - Other Negligence (Premises Liability) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 01/17/2022 11:03 AM INDEX NO. 154992/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2022

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JULIET CHIN, Index No.: 154992/2021

Plaintiff,
VERIFIED BILL OF
-against- PARTICULARS TO
DEFENDANT CITY OF
LONG ISLAND RAILROAD, NEW YORK
METROPOLITAN TRANSPORTATION AUTHORITY,
NEW YORK CITY TRANSIT AUTHORITY,
MTA NEW YORK CITY TRANSIT, and
CITY OF NEW YORK,

Defendants.
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COUNSELORS:

Plaintiff JULIET CHIN, by her attorneys POLLACK POLLACK ISAAC & DECICCO,

LLP., as and for her Verified Bill of Particulars responsive to the demand of Defendant CITY OF

NEW YORK at all times hereinafter mentioned, upon information and belief, alleges as follows:

1. The subject incident occurred on January 7, 2021 at approximately 4:28 p.m.

2. The subject incident occurred inside New York Penn Station of the set of stairs

leading to Moynihan Train Hall Tracks 5-21, Amtrak, & LIRR adjacent to the set

of stairs labeled M6A.

3. Plaintiff JULIET CHIN sustained the following personal injuries, all of which are

believed to be of a permanent nature:

- Right knee medial and lateral meniscus tears, requiring PRP injection(s);

- Left knee internal derangement;

- Right shoulder internal derangement;

- Plaintiff is a candidate for pain management and surgical intervention to the

right knee, left knee, and right shoulder;

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- Aggravation / exacerbation of preexisting degenerative conditions of the right

knee, left knee, and right shoulder;

- Due to the condition of Plaintiff’s right knee, left knee, and right shoulder,

Plaintiff had an increased susceptibility to injury;

- Together with involvement of the surrounding muscles, tendons, ligaments,

tissues, nerves and blood vessels, with resultant pain, deformity, disability,

tenderness, weakness and restriction of motion, and loss of use of the affected

parts. All of the aforementioned have caused plaintiff to suffer, pain, disability

and discomfort.

4. Plaintiff claims all injuries listed above to be of a permanent nature.

5. Plaintiff was confined to the home for approximately one week and missed

intermittent time from work due to medical appointments.

6. Plaintiff claims the following special damages:

(a) past medical expenses: $29,760.00

(b) future medical expenses: $500,000.00 (attorney estimate subject to

recalculation upon retention of the appropriate expert)

7. Please refer to Plaintiff’s Response to Combined Demands wherein authorizations

for all medical providers and collateral sources have been exchanged.

8. Plaintiff was employed by Lenox Hill Hospital at the time of the subject incident.

As a result of the subject collision, Plaintiff was totally disabled from work for

approximately one week, with intermitted lost time following.

9. Not applicable.

10. Plaintiff resided at 221-15 Hempstead Ave., Apt. 3E, Queens Village, NY 11429.

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11. Plaintiff has also been known as Juliet Jadusingh.

12. Plaintiff was born in November 1956. Defendant’s demand for social security

number information is palpably improper and “the release of social security

numbers constitutes an unwarranted invasion of privacy.” 5 U.S.C. §552[b] [6];

Norwood v. FAA, 993 F.2d 570; International Brotherhood of Electric Workers v.

U.S. Dept. of Housing and Urban Development, 852 F. 2d 87; Bibeau v.

Cantiague Figure Skating Club, Inc., 294 A.D. 2d 525, 742 N.Y.S. 2d 864 (2d

Dept. 2002); Seelig v. Sielaff, 201 A.D.2d 298, 607 N.Y.S.2d 300 (1st Dept.

1994).

13. Plaintiff is a not Medicare recipient.

14. Plaintiff is not a Medicaid recipient.

15. Plaintiff is not receiving SSDI.

16. Plaintiff objects to this demand as inappropriate for a bill of particulars and on the

grounds of relevance.

17. Not applicable.

18. Not applicable.

19. Not applicable.

20. Plaintiff objects to this demand is seeking evidentiary information beyond the

scope of a Bill of Particulars. Notwithstanding objections, Plaintiff was caused to

trip and fall as a result of the negligence of Defendant THE CITY OF NEW

YORK.

21. Defendants, by its agents, servants and employees were reckless careless and

negligent in causing and creating a dangerous condition on a public stairway /

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walkway; by causing and/or creating a defective condition in a public stairway /

walkway; in causing and failing to prevent a trap hazard and nuisance on a public

stairway / walkway; in causing and failing to avoid disrepair of a public stairway /

walkway; in failing to remove or otherwise abate the hazardous condition; in

permitting the hazardous condition to exist despite actual and prior written notice;

by conducting insufficient and improper maintenance and repairs to a public

stairway / walkway; in failing to maintain the public stairway / walkway area in a

reasonably safe condition; in failing to properly maintain and repair the public

stairway / walkway area; in failing to properly place signs, signals and other

devices on a proper and timely basis; in failing to cordon off the area; in being

aware of the dangers and ignoring them; in failing to have sufficient and efficient

personnel; in failing to properly and adequately remove a tripping hazard to

existing on a public stairway / walkway; in having actual and constructive notice

of the dangerous and hazardous condition and in failing to correct same on a

proper and timely basis; in failing to adequately repair the subject defective

condition; in violating the applicable laws, rules and regulations including its own

internal rules and regulations; in failing to warn of any dangers; in failing to hire

proper contractors or employees; and Respondents, was otherwise reckless,

careless and negligent; as a result of which claimants suffered severe and

permanent personal injuries; and all respondents are jointly and severally liable.

22. Plaintiff is not claiming any intentional wrongs.

23. This information is within the exclusive control of Defendant(s).

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24. Plaintiff objects to this demand is seeking evidentiary information beyond the

scope of a Bill of Particulars. Notwithstanding objections, a raised, uneven,

broken and defective condition in the stairwell caused Plaintiff to trip and fall.

25. This information is within the exclusive control of Defendant(s). Upon

information and belief, Defendants made repair(s) to the subject condition prior to

Plaintiff’s incident of injury.

26. This information is within the exclusive control of Defendant(s).

27. This information is within the exclusive control of Defendants; however, Plaintiff

claims constructive notice, actual notice and that Defendants caused and created

the subject defective condition.

28. Defendants had actual notice because they created the defective condition that

caused Plaintiff to trip and fall. This information is within the exclusive control

of Defendant(s).

29. This information is within the exclusive control of Defendant(s).

Notwithstanding objections, the subject dangerous condition existed for a period

prior to January 7, 2021.

30. This information is within the exclusive control of Defendant(s).

31. This information is within the exclusive control of Defendant(s).

32. Plaintiff will request the judge at the time of trial take judicial notice of all

applicable statutes, ordinances, rules or regulations including those requiring

defendant to keep its crosswalks/streets in safe and reasonable condition.

33-90. Not Applicable.

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Dated: New York, New York
January 17, 2022

Yours, etc.
POLLACK POLLACK ISAAC & DECICCO

By: _________________________
Matthew D. Goodstein
Attorneys for Plaintiff
225 Broadway, Third Floor
New York, NY 10007
(212) 608-3734
(646) 287-1222 (fax)

TO: GEORGIA M. PASTANA, Corporation Counsel
Attorneys for Defendant THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
Law Dept. #: 2021-011266

ANNA J. ERVOLINA
Attorneys for Defendants
LONG ISLAND RAILROAD
METROPOLITAN TRANSPORTATION AUTHORITY and
NEW YORK CITY TRANSIT AUTHORITY
130 Livingston Street, 11th floor
Brooklyn, NY 11201
File No.: TA-2021-01-07-12-001

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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/17/2022

ATTORNEY VERIFICATION

MATTHEW D. GOODSTEIN, an attorney admitted to practice law before the Courts of

the State of New York, and attorney for Plaintiff, affirms the following:

That I have read the foregoing VERIFIED BILL OF PARTICULARS and know the

contents thereof, that the same is true to my own knowledge except as to those matters which are

stated therein to be alleged upon information and belief, and as to those matters, I believe them

to be true.

That the information contained therein was obtained based on a review of Plaintiff’s legal

case file.

That the reason this verification is made by Your Affirmant and not by the Plaintiff is

because the Plaintiff does not reside within New York County, where Your Affirmant, maintains

his office.

The undersigned affirms that the foregoing statement is true under the penalties of

perjury.

Dated: New York, New York
January 17, 2022

___________________________
Matthew D. Goodstein

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No. 154992/2021

JULIET CHIN,

Plaintiff,

-against-

METROPOLITAN TRANSPORTATION AUTHORITY,
NEW YORK CITY TRANSIT AUTHORITY,
MTA NEW YORK CITY TRANSIT, and
CITY OF NEW YORK,

Defendants.

VERIFIED BILL OF PARTICULARS TO DEFENDANT CITY OF NEW YORK

POLLACK POLLACK ISAAC & DECICCO
Attorneys for Plaintiff

By: ___________________________
Matthew D. Goodstein
225 Broadway, Third Floor
New York, New York 10007
(212) 608-3734
(646) 287-1222 - fax

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Case Info

Judge

Denise Dominguez Track Judge’s New Case

Case No.

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Document Filed Date

January 17, 2022

Case Filing Date

May 21, 2021

County

Parties

BERKOWITZ, DAVID EVAN Attorney for the Defendant
BILA, ANTHONY Attorney for the Defendant
CITY OF NEW YORK Defendant
Counsel, Corporation Attorney for the Defendant
GOODSTEIN, MATTHEW DEMARS Attorney for the Plaintiff
Juliet Chin Plaintiff
LONG ISLAND RAILROAD Defendant
METROPOLITAN TRANSPORTATION AUTHORITY Defendant
MTA NEW YORK CITY TRANSIT Defendant
NEW YORK CITY TRANSIT AUTHORITY Defendant
ANNA ERVOLINA Attorneys for Plaintiffs

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Document for Juliet Chin v. Long Island Railroad, Metropolitan Transportation Authority, New York City Transit Authority, Mta New York City Transit, City Of New York

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Case Info

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