Preview
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022
EXHIBIT C
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
x
MUSHTAQ GRANT,
VERIFIED BILL OF
PARTICULARS
Plaintiff(s), Index No.: 27619/2018E
-against-
1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN
ACADEMY, ENVISION DESIGN & CONSTRUCTION
LLC and ROBERT L. KNIGHT,
Defendant(s).
x
Plaintiff(s), MUSHTAQGRANT, by his attorneys, LESCH & LESCH, P.C.,
responding to Defendant(s), 1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN
ACADEMY's, Demand for Bill of Particulars is as follows:
1. Upon information and belief, Plaintiff(s) currently resides at 3460 Wilson
Avenue, Apartment 3A, Bronx, New York 10469.
2. The assault occurred on September 8, 2017 at approximately 6:00 p.m.
3. The assault occurred in the premises located at 1137 East 223rd Street,
Bronx, New York 10466.
4. Upon information and belief, on the above date, time and place,
Defendant(s) ROBERT L. KNIGHT and Plaintiff(s) had a verbal dispute during which the
Defendant(s) ROBERT L. KNIGHT reached toward the Plaintiff(s) and poked in the
forehead, then Defendant(s) ROBERT L. KNIGHT struck Plaintiff(s) about the right ear
with a closed fist, causing Plaintiff(s)to fall to the ground and to lose consciousness.
Defendant(s) ROBERT L. KNIGHT, fled the scene of the occurrence.
5. Defendant(s), 1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN
ACADEMY and ENVISION DESIGN & CONSTRUCTION LLC by and through its
servants, agents and/or employees were negligent in the ownership, operation,
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022
management, supervision and control of their premises, in that they failed to provide
adequate supervision and security for the workers within their care and custody while upon
their premises; in negligently and carelessly causing, permitting and allowing the above
assault to have happened, resulting in the threat and danger to the Plaintiff(s) and to others;
in failing to take suitable and proper precautions for the safety of persons within their
premises; failed to takes steps to avoid occurrence; failed to keep a proper lookout; failed to
exercise due care and caution, and in otherwise acting in willful disregard in the safety and
well-being of the Plaintiff(s).
Plaintiff(s) does not allege negligence of the Defendant(s) ROBERT L. KNIGHT,
but instead alleges an assault.
Plaintiffs) reserves the right to amend and/or supplement this portion of the Bill of
Particulars at a later time.
6. Unknown at this time, and will be provided upon completion of discovery.
Plaintiff(s) reserves his right to amend this portion of its Bill of Particulars upon completion
of discovery.
7. See answer to number 6 above.
8. See answers to numbers 6 and 7 above.
9. Upon information and belief, as a result of the aforementioned assault
Plaintiff(s) MUSHTAQ GRANT sustained the following injuries:
a. Loss of Consciousness
b. Pain and severe swelling to the face
c Head /Face
i. Head injury
ii. Severe concussion
iii. Laceration to the head
iv. Right infraorbital edema and ecchymosis, with tenderness to
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022
palpation
v.Right periorbital ecchymosis,
vi. Right subconjunctival ecchymosis on the medial aspect,
vii. Infraorbital laceration
viii. Severe pain associated with right malar region
ix. Hypoesthesia and/or decreased sensation to the right side of
the face
x.Facial bone fracture
xi. Right Zygomaticomaxillary Complex Fracture
d. Chest
i. Chest Wall Contusion
ii. Blunt Chest Trauma
iii. Rib fractures
Upon information and belief, as a result of the accident, Plaintiff(s)
MUSHTAQ GRANT, sustained permanent injury to his head, right eye, face, jaw,
cheek and chest.
Furthermore, Plaintiff(s) MUSHTAQ GRANT, was forced to undergo two
surgical procedures to treat the injuries sustained in the assault, specifically:
a. An Open Reduction and Internal Fixation (ORIF) of the Right
zygomaticomaxillary complex fracture with Medpor implant placement.;
Plaintiff(s) had to undergo orotracheal intubation and had the following
implants and/or hardware placed in:
a. Carroll-Girard Screw in the left zygoma
b. The inferior orbital rim was secured and fixated with a 0.6mm
thickness fixation plate and 5-mm monocortical screws
c. Fracture segments were fixated with a 0.6 - mm thickness plate
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022
and a 5-mm monocortical screws
d. Medpor implant in the orbital floor
e. All the plates were firmly secured with 5-mm monocortical
screws.
b. Incision and suturing of the Infraorbital laceration and head laceration
Plaintiff(s) also claims exacerbation of his chronic migraines.
Plaintiff(s) reserves his right to amend and/or supplement this portion of the
Bill of Particulars upon completion of discovery.
10. See answer to number 9 above.
11. Unknown at this time and will be provided upon completion of discovery.
12. Upon information and belief, Plaintiff(s) was admitted and/or confined from
September 26, 2017 to September 28, 2017 at Jacobi Medical Center located at 1400
Pelham Parkway South, Bronx, New York 10461. Plaintiffs) reserves the right to amend
and/or supplement this portion of the Bill of Particulars upon completion of discovery.
13. See Plaintiff(s) Reply to Defendant(s) Demands for Discovery and Inspection
below for a list of healthcare providers and institutions Plaintiff(s) sought treatment from.
14. Upon information and belief, at the time of the incident Plaintiff(s) was
employed to do carpentry work for the Defendant(s) ROBERT L. KNIGHT and
Defendant(s) ENVISION DESIGN & CONSTRUCTION LLC, with office address
located at 527 Main Street, New Rochelle, New York 10801. Upon information and belief,
Plaintiff(s) was earning approximately $200.00 per day.
15. Questions regarding disability will be answered at Plaintiff(s) deposition.
16. See answer to number 15 above.
17. Special damages are unknown at this time and will be provided upon receipt
of the same and completion of discovery. Notwithstanding the aforementioned, please see
Plaintiff(s) Reply to Defendant(s) Demands for Discovery and inspection below for a list of
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022
health care providers and/or institutions, Plaintiff(s) sought treatment from.
18. See answer to number 17 above.
19. Plaintiff(s) was born in 1978.
20. Statutes, regulations, ordinances or rules are within the exclusive province of
the Court and Plaintiff(s) begs leave to refer to same at the time of trial.
21. See Plaintiff(s) reply to Defendant(s) Demands for Discovery and Inspection
below.
22. Not applicable.
23. That the limitations as set forth in Article 16 of the CPLR do not apply to
the aforesaid action and comes within the exception of Section 1602 of the CPLR.
Dated: Bar.D(,New Yaork
41 ,2018
Yours, etc.
LEscH & LESCH, P.C.
By:
DAVID P. LESCH, ESQ
Attorneys for Plaintiff(s)
860 Grand Concourse, Suite 2M
Bronx, New York 10451
(718) 292-1131
TO:
STRONGIN ROTH:MAN & ABRAMS, LLP
By: David Abrams, Esq.
Attorneys for Defendant(s)
1137 E. 223RD CORP. d/b/a FAITH
CHRISTIAN CHURCH ACADEMY
80 Pine Street, 10th Floor
New York, NY 10005
(212) 931-8300
ENVISION DESIGN & CONSTRUCTION LLC
527 Main Street, Suite 205
New Rochelle, New York 10801
Preview
FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022 EXHIBIT C FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x MUSHTAQ GRANT, VERIFIED BILL OF PARTICULARS Plaintiff(s), Index No.: 27619/2018E -against- 1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN ACADEMY, ENVISION DESIGN & CONSTRUCTION LLC and ROBERT L. KNIGHT, Defendant(s). x Plaintiff(s), MUSHTAQGRANT, by his attorneys, LESCH & LESCH, P.C., responding to Defendant(s), 1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN ACADEMY's, Demand for Bill of Particulars is as follows: 1. Upon information and belief, Plaintiff(s) currently resides at 3460 Wilson Avenue, Apartment 3A, Bronx, New York 10469. 2. The assault occurred on September 8, 2017 at approximately 6:00 p.m. 3. The assault occurred in the premises located at 1137 East 223rd Street, Bronx, New York 10466. 4. Upon information and belief, on the above date, time and place, Defendant(s) ROBERT L. KNIGHT and Plaintiff(s) had a verbal dispute during which the Defendant(s) ROBERT L. KNIGHT reached toward the Plaintiff(s) and poked in the forehead, then Defendant(s) ROBERT L. KNIGHT struck Plaintiff(s) about the right ear with a closed fist, causing Plaintiff(s)to fall to the ground and to lose consciousness. Defendant(s) ROBERT L. KNIGHT, fled the scene of the occurrence. 5. Defendant(s), 1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN ACADEMY and ENVISION DESIGN & CONSTRUCTION LLC by and through its servants, agents and/or employees were negligent in the ownership, operation, FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022 management, supervision and control of their premises, in that they failed to provide adequate supervision and security for the workers within their care and custody while upon their premises; in negligently and carelessly causing, permitting and allowing the above assault to have happened, resulting in the threat and danger to the Plaintiff(s) and to others; in failing to take suitable and proper precautions for the safety of persons within their premises; failed to takes steps to avoid occurrence; failed to keep a proper lookout; failed to exercise due care and caution, and in otherwise acting in willful disregard in the safety and well-being of the Plaintiff(s). Plaintiff(s) does not allege negligence of the Defendant(s) ROBERT L. KNIGHT, but instead alleges an assault. Plaintiffs) reserves the right to amend and/or supplement this portion of the Bill of Particulars at a later time. 6. Unknown at this time, and will be provided upon completion of discovery. Plaintiff(s) reserves his right to amend this portion of its Bill of Particulars upon completion of discovery. 7. See answer to number 6 above. 8. See answers to numbers 6 and 7 above. 9. Upon information and belief, as a result of the aforementioned assault Plaintiff(s) MUSHTAQ GRANT sustained the following injuries: a. Loss of Consciousness b. Pain and severe swelling to the face c Head /Face i. Head injury ii. Severe concussion iii. Laceration to the head iv. Right infraorbital edema and ecchymosis, with tenderness to FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022 palpation v.Right periorbital ecchymosis, vi. Right subconjunctival ecchymosis on the medial aspect, vii. Infraorbital laceration viii. Severe pain associated with right malar region ix. Hypoesthesia and/or decreased sensation to the right side of the face x.Facial bone fracture xi. Right Zygomaticomaxillary Complex Fracture d. Chest i. Chest Wall Contusion ii. Blunt Chest Trauma iii. Rib fractures Upon information and belief, as a result of the accident, Plaintiff(s) MUSHTAQ GRANT, sustained permanent injury to his head, right eye, face, jaw, cheek and chest. Furthermore, Plaintiff(s) MUSHTAQ GRANT, was forced to undergo two surgical procedures to treat the injuries sustained in the assault, specifically: a. An Open Reduction and Internal Fixation (ORIF) of the Right zygomaticomaxillary complex fracture with Medpor implant placement.; Plaintiff(s) had to undergo orotracheal intubation and had the following implants and/or hardware placed in: a. Carroll-Girard Screw in the left zygoma b. The inferior orbital rim was secured and fixated with a 0.6mm thickness fixation plate and 5-mm monocortical screws c. Fracture segments were fixated with a 0.6 - mm thickness plate FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022 and a 5-mm monocortical screws d. Medpor implant in the orbital floor e. All the plates were firmly secured with 5-mm monocortical screws. b. Incision and suturing of the Infraorbital laceration and head laceration Plaintiff(s) also claims exacerbation of his chronic migraines. Plaintiff(s) reserves his right to amend and/or supplement this portion of the Bill of Particulars upon completion of discovery. 10. See answer to number 9 above. 11. Unknown at this time and will be provided upon completion of discovery. 12. Upon information and belief, Plaintiff(s) was admitted and/or confined from September 26, 2017 to September 28, 2017 at Jacobi Medical Center located at 1400 Pelham Parkway South, Bronx, New York 10461. Plaintiffs) reserves the right to amend and/or supplement this portion of the Bill of Particulars upon completion of discovery. 13. See Plaintiff(s) Reply to Defendant(s) Demands for Discovery and Inspection below for a list of healthcare providers and institutions Plaintiff(s) sought treatment from. 14. Upon information and belief, at the time of the incident Plaintiff(s) was employed to do carpentry work for the Defendant(s) ROBERT L. KNIGHT and Defendant(s) ENVISION DESIGN & CONSTRUCTION LLC, with office address located at 527 Main Street, New Rochelle, New York 10801. Upon information and belief, Plaintiff(s) was earning approximately $200.00 per day. 15. Questions regarding disability will be answered at Plaintiff(s) deposition. 16. See answer to number 15 above. 17. Special damages are unknown at this time and will be provided upon receipt of the same and completion of discovery. Notwithstanding the aforementioned, please see Plaintiff(s) Reply to Defendant(s) Demands for Discovery and inspection below for a list of FILED: BRONX COUNTY CLERK 02/18/2022 12:10 PM INDEX NO. 27619/2018E NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 02/18/2022 health care providers and/or institutions, Plaintiff(s) sought treatment from. 18. See answer to number 17 above. 19. Plaintiff(s) was born in 1978. 20. Statutes, regulations, ordinances or rules are within the exclusive province of the Court and Plaintiff(s) begs leave to refer to same at the time of trial. 21. See Plaintiff(s) reply to Defendant(s) Demands for Discovery and Inspection below. 22. Not applicable. 23. That the limitations as set forth in Article 16 of the CPLR do not apply to the aforesaid action and comes within the exception of Section 1602 of the CPLR. Dated: Bar.D(,New Yaork 41 ,2018 Yours, etc. LEscH & LESCH, P.C. By: DAVID P. LESCH, ESQ Attorneys for Plaintiff(s) 860 Grand Concourse, Suite 2M Bronx, New York 10451 (718) 292-1131 TO: STRONGIN ROTH:MAN & ABRAMS, LLP By: David Abrams, Esq. Attorneys for Defendant(s) 1137 E. 223RD CORP. d/b/a FAITH CHRISTIAN CHURCH ACADEMY 80 Pine Street, 10th Floor New York, NY 10005 (212) 931-8300 ENVISION DESIGN & CONSTRUCTION LLC 527 Main Street, Suite 205 New Rochelle, New York 10801