Preview
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
"F"
EXHIBIT
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------________------- --- .------------------------------------X
ANTHONY MAGNI, Index No.: 155570/16
Plaintiff, SECOND
·
SUPPLEMENTAL
-against- VERIFIED BILL OF
PARTICULARS
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI,
P.C., CLUNE CONSTRUCTION COMPANY, L.P.,
CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC.
Defendants.
--- ------- --------
-------------------------------------------------X
POLS1NELLI, P.C.,
Third-Party Plaintiff,
-against-
CONCEPTS FOR BUSINESS, LLC and G&S
CONCEPTS, INC.,
Third-Party Defendants,
-------------..-------------------- -------------..---------------------X
C O U N S E L O R S:
The Plaintiff, ANTHONY MAGNI, by his attorneys, SACKSTEIN SACKSTEIN & LEE,
LLP, as and for his Second Supplemental Verified Bill of Particulars as to Defendant, THIRD
AVENUE TOWER OWNER, LLC, responds as follows:
19. (a) As a result of the subject accident, the Plaintiff, ANTHONY MAGNI, suffered
from the following severe, serious and permanent injuries:
REGARDING THE LUMBAR SPINE:
- Right lateral bulge at the L2-L3 level;
- foran;ina'
Disc bulge with left herniation at the L4-L5 level impinging upon
the exiting L4 nerve;
- Central disc bulge with left sided neuroforaminal at the L5-Sl
narrowing
level;
- of the lumbar
Straightening curvature;
- tenderness and restricted/limited/decreased range of motion and use in
Pain,
the lumbar -
spine..
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
As a result of the injuries ="=+a d to the l''mbaz the Plaintiff underwent a
spine,
lumbar nuclear disc decompression and annuleplasty at L4-5 on December 11,.
microdiscectomy,
2017, which was performed Susan DiStasio, D,0. at Multi-Specialty Pain Management
by
Downtown Bronx Surgery Center, 951 Brook Avenue, Bronx, New York 10451. The procedure
was described as follows:
Pre-Operative Diagnosis:
- Lumbar herniated discs;
- Lumbar radiculopathy.
Post-Operative Diagnoses:
- . Lumbar herniated discs;
- Lumbar radiculopathy.
Operative Procedures:
- Lumbar at
microdiscectomy L4-5;
- Nuclear disc decompression at L4-5;
Annuloplasty at L4-5.
Post-surgical scarring;
- Significant and
pain, swelling tenderness;
- Need for future surgery;
- Marked restriction in range of motion.
As a result of the foregoing, the Plaintiff suffers from severe pain, swelling and
tenderness of the lumbar spirie resulting in loss of strength, loss of function, loss of motion,
restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood
vessels, muscles, tendons and ligaments with resulting pain, deformity and disability.
REGARDING THE CERVICAL SPINE:
- Disc bulge at the C2-C3 level;
- disc with right sided neuroforaminal at the C3-C4
Bulging narrowing level;
- Central disc herniation at the C4-C5 level;
- Central disc herniation at the C5-C6 level;
- Central disc bulge at the C6-C7 level;
- Posterior bulge and posterior herniation at the C7-T1 level upon the
impinging
thecal sac;
- of the cervical
Straightening curvature;
- tenderness and restricted/limited/decreased range of motion and use in the
Pain,
cervical spine.
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
REGARDING THE LEFT SHOULDER:
- Rotator cuff tendinopathy;
- Left shoulder labral tear;
- Full rotator cuff tear;
- Surgical scarrmg;
- Bursitis.
- tenderness and restricted/limited/decreased range of motion and use in the
Pain,
left shoulder;
As a result of the injuries sustained to the left shoulder, the Plaintiff underwent the
. procedures: left shoulder arthroscopy, debridement of labrum and rotator cuff, rotator
following
cuff repair, bursectomy, and åubacromial decompression. These procedures were performed on
March 3, 2017 by Barry Katzman, M.D. at Fifth Avenue Surgical Center, 109 Fifth Avenue, New
York, New York 10028. The procedure was described as follows:
. . .
Pre-Operative Diagnosis:
- Left shoulder impingement.
Post-Operative Diagnoses:
- Left shoulder labral tear;
- Full rotator cuff tear;
- Bursitis.
Operative Procedures:
- Left shoulder arthroscopy;
- Debridement of labrum and rotator cuff;
- Rotator cuff repair;
-
. Bursectomy;
- Subacromial decompression.
- Post-surgical scarring;
- Significant and
pain, swelling tendemess;
- Need for future surgery;
- Marked restriction in range of motion;
As a result of the foregoing, the Plaintiff suffers from severe pain, swelling and
tenderness of the leftshoulder resulting in loss of strength, loss of function, loss of motion,
restriction of movement, all with involvement of the surrounding soft tissue, nerve endings,
blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability.
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
REGARDING THE THORACIC SPINE . .
- Central and right paracentral disc bulge at the T3-T4 level;
- Disc herniation and ridge complex at the T6-T7 .
level;
- tenderness and restricted/limited/decreased range of motion and use in the
Pain,
thoracic spine.
OTHER:
- Bilateral joint space
hip narrowing;
- Contusions in the upper and lower back;
- Lacerations on mid back;
- on mid back.
Scarring
Furthermore, itis alleged that the subject accident may have caused the Plaintiff,
ANTHONY MAGNI, an aggravation and/or exacerbation and/or re-activation of a pre-existing
latent and/or asymptomatic lumbar spine, cervical spine, thoracic spine, left shoulder condition(s),
which has potentially caused the Plaintiff, ANTHONY MAGNI, increased pain, suffering,
disability and/or decreased/limited/restricted range of motion in the lumbar spine, cervical spine,
thoracic spine and left shoulder.
20. (a) All of the above injuries, together with their residuals and sequelae, except those
of a superficial nature, inclusive of those injuries, if any, pre-existing the accident and that were
re-aggravated and re-exacerbated by the subject accident, are permanent, progressive and
continuing in nature. The Plaintiff, ANTHONY MAGNI, reserves his right to supplement this Bill
of Particulars when further medical information becomes available, and relies also on any and all
injuries that are mentioned in the medical reports and/or hospital records submitted herewith, or
that will be submitted in the future or if and when counsel for Plaintiff are provided with further
medical records indicating further injuries not included in this Bill of Particulars. In addition, itis
claimed that said injuries have directly adversely affected the nerves, tissues, blood vessels,
muscles, ligaments, cartilages, tendons, bones, and soft parts in and about the sites of the above
mentioned areas of the injury, including the central nervous system, muscular system and skeletal
system. Also, with advancing years there will be naturally and medically related complications
changes·
and exacerbations, including but not limited to predisposition to early onset of arthritic
and spinal instability with possible need for surgery in the future. The aforesaid have and will
continue in the future to affect every facet of the Plaintiff's pre accident way of life with resultant
damages. The Plaintiff, ANTHONY MAGNI, will introduce upon the trialherein testimony and
proof in conjunction with all of the injuries, conditions, manifestations, and sequelae which will
be permanent, and reserve the right to adduce proof with respect thereto at the time of trial.
(b) Please refer to item number 19 herein above.
(c) All of the injuries above referred to herein, their manifestations, resulting
disabilities and involvements, are claimed to have resulted in limitation of motion, loss of use and
loss of function. Said injuries may, if they progress or fail to heal, require surgery, and are
associated with further soft tissue injury to the areas traumatically affected, including tearing,
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
derangement, involvement of and damage to the sunuunding muscles and muscle groups,
ligaments, tendons, blood vessels, and blood supply, nerves and nerve tissue, epithelial tissue,
body tissues and bone structure, all concomitant to the specific injuries and related to the various
portions mentioned herein, with resultant pain, deformity, disability, stiffness, weakness, swelling,
tenderness, edema, atrophy, ecchymosis, impairment of use, restriction and limitation of metion,
pain on motion, possible loss of use, atrophy, disfigurement and have all prevented and will
continue to prevent enjoyment of the normal fruits of life and its daily activities (including but not
limited to physical, social, educational, recreational, and and tlieenjoyment of life has
economic)
been permanently and substantially impaired, impeded, diminished, and reduced.
(d) Please refer to item number 19 herein above.
23. As a result of the subject accident and the injuries sustained therefrom, the Plaintiff,
ANTHONY MAGNI, was transported by ambulance, treated at and/or confined to the following
hospital:
ST. JOSEPH HOSPITAL
4295 Hempstead Turnpike
Bethpage, New York 11714
Date of treatment and confinement: February 10, 2016.
FIFTH AVENUE SURGERY CENTER
109 Fifth Avenue, New York, New York 10028
Date of treatment and confinement: March 3, 2017.
DOWNTOWN BRONX SURGERY CENTER
951 Brook Avenue, Bronx, New York 10451
Date of treatment and confinement: December 11, 2017.
25. The Plaintiff, ANTHONY MAGNI, claims the following as and for his special
damages:
Physicians'
(a) services: All bills not
received to date, exact amount
unknown, expected to be as high as: Approximately $75,000.00
and continuing;
(b) Hospital expenses: All bills not yet
received to date, exact amount
unknown, expected to be as high as: Approximately $50,000.00;
(c) Nurse's services Included in (a) and (b) herein;
(d) Loss of earnings: Approximately $164,180.00
and continuing;
(e) Medical supplies; Included in (a) and (b) herein;
(f) X-ray expenses: Included in (b) herein;
(g) Each and other item -
every
as a special damage: To be provided, if any.
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX. NO. 155570/2016
NYSCEF
. DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
PLEASE TAKE FURTHER NOTICE, that the Plaintiff, ANTHONY MAGNI,
reserves the right to further supplement and/or amend the foregoing Second Supplemental Verified
Bill of Particulars up to and including the time of trial.
Dated: Garden City, New York .
June 19, 2018
Yours, etc.,
SACKSTE1N, SACKSTEIN & LEE, LLP
By: illiam C. Mahlan Jr., Esq.
. .. . .
Attorneys for Plaintiff
ANTHONY MAGNI
1140 Franklin Avenue, Suite 210
Garden City, New York 11530
(516) 248-2234
TO: O'CONNOR REDD LLP
Attorneys for Defendant
THIRD AVENUE TOWER OWNER, LLC
P.O. Box 1000, 242 King Street
Port Chester, New York 10573
(914) 686-1700
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendant
CLUNE CONSTRUCTION COMPANY LLP
. 77 215
Water Street, Floor
New York, New York 10005
(212) 232-1300
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & ARCIOLD
Attorneys for Defendant/Third-Party Plaintiff
POLSINELLI PC
29*
55 Water Street, Floor
New York, New York 10041
(212) 612-4200
LEWIS JOHS AVALLON AVILES, LLP
Attorneys for Defendant/Third-Party Defendant
G&S CONCEPTS, INC.
61 Broadway, Suite 2000
New York, New York 10006
(212) 233-7195
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
LAW OFFICES OF TOBIAS & KUHN
Attorneys for Defendant/f bird Party-Defendant .
CONCEPTS FOR BUSINESS, LLC
100 William Suite 920 · . .
Street,
. .New York, New York 10038
(212) 553-8700 . ..
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------------------X
ANTHONY MAGNI, Index No.i 155570/2016
Plaintiff, AFFIDAVIT OF SERVICE
-against-
THIRD AVENUE TOWER OWNER, LLC, POLS1NELLI,
P.C., CLUNE CONSTRUCTION COMPANY, L.P.,
CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS,
INC.
Defendants.
------------------ ------------------------------X
POLSINELLI, P.C.,
Third-Party Plaintiff,
-against-
CONCEPTS FOR BUSINESS, LLC and G&S
CONCEPTS, INC.,
Third-Party Defendants,
. X
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
SHAIKH M. RAUF, being duly sworn, deposes and says:
I am not a party to the action; I reside at Queens County, New York, and I am over 18
years of age.
On June 22, 2018, I served the within Second Supplemental Verified Bill of
Particulars, by depositing a true copy of said document enclosed in a post-paid wrapper, after
which same was deposited in an official depository under the exclusive care and custody of the
United States Postal Service within New York State, addressed to the following at the last known
address set forth below:
TO: LEWIS JOHS AVALLONE AVILES, LLP
-
61 Broadway, Suite 2000 -
New York, New York 10006
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
.
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
LAW OFFICES OF TOBIAS & KUHN
100 William Street, Suite 920
· . New New York 10038
York,
LEWIS BRISBOIS BISGAARD & SMITH LLP
77 Water Street, 21st Floor
New York, New York 10005
O'CONNOR REDD LLP
P.O. Box 1000, 242 King Street
Port Chester, New York 10573
EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & ARCIOLD
55 Water Street, 29th Floor
New York, New York 10041
SitalkuQ4or
SHAIKH M. RAUF
Sworn to before me this
22ªd
day of June, 2018
NOTARY P LIC
MARK J.DeCICCO
NOTARY PUBLIC, State of New York
No. 02DE5045398
Qualified in Suffolk County
Commission Expires June 19, 20Ú
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016
NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019
Index No.: 155570/2016 Cal. No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ANTHONY MAGNI,
Plaintiff,
-against-
THIRD AVENUE TOWER OWNER, LLC, POLSINELLI
PC, CLUNE CONSTRUCTION COMPANY LLP,
CONCEPTS FOR BUSINESS, LLC, and G&S
CONCEPTS, INC.,
Defendants.
---------------..----------------------------------------------X
POLSINELLI, P.C.,
Third-Party Plaintiff,
-against-
CONCEPTS FOR BUSINESS, LLC, and
G&S CONCEPTS, INC.,
Third-Party Defendants.
SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS
SACKSTEIN SACKSSEIN & LEE, LLP
Attorneys for Plaintiffs
I 140 Franklin Avenue - Suite 210
Garden City, New York 11530
(516) 248-2234
To:
Attorneys for Defendants
Service of a copy of the within is hereby admitted.
Dated
Attorney(s) for
PLEASE TAKE NOTICE
n that the within is a (certified) true copy of a
u entered in the office of the clerk of the within named court on
Preview
FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 "F" EXHIBIT FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------________------- --- .------------------------------------X ANTHONY MAGNI, Index No.: 155570/16 Plaintiff, SECOND · SUPPLEMENTAL -against- VERIFIED BILL OF PARTICULARS THIRD AVENUE TOWER OWNER, LLC, POLSINELLI, P.C., CLUNE CONSTRUCTION COMPANY, L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants. --- ------- -------- -------------------------------------------------X POLS1NELLI, P.C., Third-Party Plaintiff, -against- CONCEPTS FOR BUSINESS, LLC and G&S CONCEPTS, INC., Third-Party Defendants, -------------..-------------------- -------------..---------------------X C O U N S E L O R S: The Plaintiff, ANTHONY MAGNI, by his attorneys, SACKSTEIN SACKSTEIN & LEE, LLP, as and for his Second Supplemental Verified Bill of Particulars as to Defendant, THIRD AVENUE TOWER OWNER, LLC, responds as follows: 19. (a) As a result of the subject accident, the Plaintiff, ANTHONY MAGNI, suffered from the following severe, serious and permanent injuries: REGARDING THE LUMBAR SPINE: - Right lateral bulge at the L2-L3 level; - foran;ina' Disc bulge with left herniation at the L4-L5 level impinging upon the exiting L4 nerve; - Central disc bulge with left sided neuroforaminal at the L5-Sl narrowing level; - of the lumbar Straightening curvature; - tenderness and restricted/limited/decreased range of motion and use in Pain, the lumbar - spine.. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 As a result of the injuries ="=+a d to the l''mbaz the Plaintiff underwent a spine, lumbar nuclear disc decompression and annuleplasty at L4-5 on December 11,. microdiscectomy, 2017, which was performed Susan DiStasio, D,0. at Multi-Specialty Pain Management by Downtown Bronx Surgery Center, 951 Brook Avenue, Bronx, New York 10451. The procedure was described as follows: Pre-Operative Diagnosis: - Lumbar herniated discs; - Lumbar radiculopathy. Post-Operative Diagnoses: - . Lumbar herniated discs; - Lumbar radiculopathy. Operative Procedures: - Lumbar at microdiscectomy L4-5; - Nuclear disc decompression at L4-5; Annuloplasty at L4-5. Post-surgical scarring; - Significant and pain, swelling tenderness; - Need for future surgery; - Marked restriction in range of motion. As a result of the foregoing, the Plaintiff suffers from severe pain, swelling and tenderness of the lumbar spirie resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. REGARDING THE CERVICAL SPINE: - Disc bulge at the C2-C3 level; - disc with right sided neuroforaminal at the C3-C4 Bulging narrowing level; - Central disc herniation at the C4-C5 level; - Central disc herniation at the C5-C6 level; - Central disc bulge at the C6-C7 level; - Posterior bulge and posterior herniation at the C7-T1 level upon the impinging thecal sac; - of the cervical Straightening curvature; - tenderness and restricted/limited/decreased range of motion and use in the Pain, cervical spine. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 REGARDING THE LEFT SHOULDER: - Rotator cuff tendinopathy; - Left shoulder labral tear; - Full rotator cuff tear; - Surgical scarrmg; - Bursitis. - tenderness and restricted/limited/decreased range of motion and use in the Pain, left shoulder; As a result of the injuries sustained to the left shoulder, the Plaintiff underwent the . procedures: left shoulder arthroscopy, debridement of labrum and rotator cuff, rotator following cuff repair, bursectomy, and åubacromial decompression. These procedures were performed on March 3, 2017 by Barry Katzman, M.D. at Fifth Avenue Surgical Center, 109 Fifth Avenue, New York, New York 10028. The procedure was described as follows: . . . Pre-Operative Diagnosis: - Left shoulder impingement. Post-Operative Diagnoses: - Left shoulder labral tear; - Full rotator cuff tear; - Bursitis. Operative Procedures: - Left shoulder arthroscopy; - Debridement of labrum and rotator cuff; - Rotator cuff repair; - . Bursectomy; - Subacromial decompression. - Post-surgical scarring; - Significant and pain, swelling tendemess; - Need for future surgery; - Marked restriction in range of motion; As a result of the foregoing, the Plaintiff suffers from severe pain, swelling and tenderness of the leftshoulder resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 REGARDING THE THORACIC SPINE . . - Central and right paracentral disc bulge at the T3-T4 level; - Disc herniation and ridge complex at the T6-T7 . level; - tenderness and restricted/limited/decreased range of motion and use in the Pain, thoracic spine. OTHER: - Bilateral joint space hip narrowing; - Contusions in the upper and lower back; - Lacerations on mid back; - on mid back. Scarring Furthermore, itis alleged that the subject accident may have caused the Plaintiff, ANTHONY MAGNI, an aggravation and/or exacerbation and/or re-activation of a pre-existing latent and/or asymptomatic lumbar spine, cervical spine, thoracic spine, left shoulder condition(s), which has potentially caused the Plaintiff, ANTHONY MAGNI, increased pain, suffering, disability and/or decreased/limited/restricted range of motion in the lumbar spine, cervical spine, thoracic spine and left shoulder. 20. (a) All of the above injuries, together with their residuals and sequelae, except those of a superficial nature, inclusive of those injuries, if any, pre-existing the accident and that were re-aggravated and re-exacerbated by the subject accident, are permanent, progressive and continuing in nature. The Plaintiff, ANTHONY MAGNI, reserves his right to supplement this Bill of Particulars when further medical information becomes available, and relies also on any and all injuries that are mentioned in the medical reports and/or hospital records submitted herewith, or that will be submitted in the future or if and when counsel for Plaintiff are provided with further medical records indicating further injuries not included in this Bill of Particulars. In addition, itis claimed that said injuries have directly adversely affected the nerves, tissues, blood vessels, muscles, ligaments, cartilages, tendons, bones, and soft parts in and about the sites of the above mentioned areas of the injury, including the central nervous system, muscular system and skeletal system. Also, with advancing years there will be naturally and medically related complications changes· and exacerbations, including but not limited to predisposition to early onset of arthritic and spinal instability with possible need for surgery in the future. The aforesaid have and will continue in the future to affect every facet of the Plaintiff's pre accident way of life with resultant damages. The Plaintiff, ANTHONY MAGNI, will introduce upon the trialherein testimony and proof in conjunction with all of the injuries, conditions, manifestations, and sequelae which will be permanent, and reserve the right to adduce proof with respect thereto at the time of trial. (b) Please refer to item number 19 herein above. (c) All of the injuries above referred to herein, their manifestations, resulting disabilities and involvements, are claimed to have resulted in limitation of motion, loss of use and loss of function. Said injuries may, if they progress or fail to heal, require surgery, and are associated with further soft tissue injury to the areas traumatically affected, including tearing, FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 derangement, involvement of and damage to the sunuunding muscles and muscle groups, ligaments, tendons, blood vessels, and blood supply, nerves and nerve tissue, epithelial tissue, body tissues and bone structure, all concomitant to the specific injuries and related to the various portions mentioned herein, with resultant pain, deformity, disability, stiffness, weakness, swelling, tenderness, edema, atrophy, ecchymosis, impairment of use, restriction and limitation of metion, pain on motion, possible loss of use, atrophy, disfigurement and have all prevented and will continue to prevent enjoyment of the normal fruits of life and its daily activities (including but not limited to physical, social, educational, recreational, and and tlieenjoyment of life has economic) been permanently and substantially impaired, impeded, diminished, and reduced. (d) Please refer to item number 19 herein above. 23. As a result of the subject accident and the injuries sustained therefrom, the Plaintiff, ANTHONY MAGNI, was transported by ambulance, treated at and/or confined to the following hospital: ST. JOSEPH HOSPITAL 4295 Hempstead Turnpike Bethpage, New York 11714 Date of treatment and confinement: February 10, 2016. FIFTH AVENUE SURGERY CENTER 109 Fifth Avenue, New York, New York 10028 Date of treatment and confinement: March 3, 2017. DOWNTOWN BRONX SURGERY CENTER 951 Brook Avenue, Bronx, New York 10451 Date of treatment and confinement: December 11, 2017. 25. The Plaintiff, ANTHONY MAGNI, claims the following as and for his special damages: Physicians' (a) services: All bills not received to date, exact amount unknown, expected to be as high as: Approximately $75,000.00 and continuing; (b) Hospital expenses: All bills not yet received to date, exact amount unknown, expected to be as high as: Approximately $50,000.00; (c) Nurse's services Included in (a) and (b) herein; (d) Loss of earnings: Approximately $164,180.00 and continuing; (e) Medical supplies; Included in (a) and (b) herein; (f) X-ray expenses: Included in (b) herein; (g) Each and other item - every as a special damage: To be provided, if any. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX. NO. 155570/2016 NYSCEF . DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 PLEASE TAKE FURTHER NOTICE, that the Plaintiff, ANTHONY MAGNI, reserves the right to further supplement and/or amend the foregoing Second Supplemental Verified Bill of Particulars up to and including the time of trial. Dated: Garden City, New York . June 19, 2018 Yours, etc., SACKSTE1N, SACKSTEIN & LEE, LLP By: illiam C. Mahlan Jr., Esq. . .. . . Attorneys for Plaintiff ANTHONY MAGNI 1140 Franklin Avenue, Suite 210 Garden City, New York 11530 (516) 248-2234 TO: O'CONNOR REDD LLP Attorneys for Defendant THIRD AVENUE TOWER OWNER, LLC P.O. Box 1000, 242 King Street Port Chester, New York 10573 (914) 686-1700 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant CLUNE CONSTRUCTION COMPANY LLP . 77 215 Water Street, Floor New York, New York 10005 (212) 232-1300 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & ARCIOLD Attorneys for Defendant/Third-Party Plaintiff POLSINELLI PC 29* 55 Water Street, Floor New York, New York 10041 (212) 612-4200 LEWIS JOHS AVALLON AVILES, LLP Attorneys for Defendant/Third-Party Defendant G&S CONCEPTS, INC. 61 Broadway, Suite 2000 New York, New York 10006 (212) 233-7195 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 LAW OFFICES OF TOBIAS & KUHN Attorneys for Defendant/f bird Party-Defendant . CONCEPTS FOR BUSINESS, LLC 100 William Suite 920 · . . Street, . .New York, New York 10038 (212) 553-8700 . .. FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------X ANTHONY MAGNI, Index No.i 155570/2016 Plaintiff, AFFIDAVIT OF SERVICE -against- THIRD AVENUE TOWER OWNER, LLC, POLS1NELLI, P.C., CLUNE CONSTRUCTION COMPANY, L.P., CONCEPTS FOR BUSINESS, LLC., and G&S CONCEPTS, INC. Defendants. ------------------ ------------------------------X POLSINELLI, P.C., Third-Party Plaintiff, -against- CONCEPTS FOR BUSINESS, LLC and G&S CONCEPTS, INC., Third-Party Defendants, . X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) SHAIKH M. RAUF, being duly sworn, deposes and says: I am not a party to the action; I reside at Queens County, New York, and I am over 18 years of age. On June 22, 2018, I served the within Second Supplemental Verified Bill of Particulars, by depositing a true copy of said document enclosed in a post-paid wrapper, after which same was deposited in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: TO: LEWIS JOHS AVALLONE AVILES, LLP - 61 Broadway, Suite 2000 - New York, New York 10006 FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 . NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 LAW OFFICES OF TOBIAS & KUHN 100 William Street, Suite 920 · . New New York 10038 York, LEWIS BRISBOIS BISGAARD & SMITH LLP 77 Water Street, 21st Floor New York, New York 10005 O'CONNOR REDD LLP P.O. Box 1000, 242 King Street Port Chester, New York 10573 EUSTACE, MARQUEZ, EPSTEIN, PREZIOSO & ARCIOLD 55 Water Street, 29th Floor New York, New York 10041 SitalkuQ4or SHAIKH M. RAUF Sworn to before me this 22ªd day of June, 2018 NOTARY P LIC MARK J.DeCICCO NOTARY PUBLIC, State of New York No. 02DE5045398 Qualified in Suffolk County Commission Expires June 19, 20Ú FILED: NEW YORK COUNTY CLERK 04/10/2019 03:43 PM INDEX NO. 155570/2016 NYSCEF DOC. NO. 131 RECEIVED NYSCEF: 04/10/2019 Index No.: 155570/2016 Cal. No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ANTHONY MAGNI, Plaintiff, -against- THIRD AVENUE TOWER OWNER, LLC, POLSINELLI PC, CLUNE CONSTRUCTION COMPANY LLP, CONCEPTS FOR BUSINESS, LLC, and G&S CONCEPTS, INC., Defendants. ---------------..----------------------------------------------X POLSINELLI, P.C., Third-Party Plaintiff, -against- CONCEPTS FOR BUSINESS, LLC, and G&S CONCEPTS, INC., Third-Party Defendants. SECOND SUPPLEMENTAL VERIFIED BILL OF PARTICULARS SACKSTEIN SACKSSEIN & LEE, LLP Attorneys for Plaintiffs I 140 Franklin Avenue - Suite 210 Garden City, New York 11530 (516) 248-2234 To: Attorneys for Defendants Service of a copy of the within is hereby admitted. Dated Attorney(s) for PLEASE TAKE NOTICE n that the within is a (certified) true copy of a u entered in the office of the clerk of the within named court on