Preview
FILED: KINGS COUNTY CLERK 12/20/2021 02:54 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/20/2021
Exhibit E
FILED: KINGS COUNTY CLERK 04/05/2019
12/20/2021 05:13
02:54 PM INDEX NO. 519697/2018
NYSCEF DOC. NO. 7
43 RECEIVED NYSCEF: 04/05/2019
12/20/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------- X
JAHARY CANTO,
VERIFIED BILL OF
PARTICULARS
Plaintiff(s),
-against- Index No.: 519697/2018
CINE MAGIC EAST RIVER STUDIOS, LLC and JAVA
LANDING, LLC AND THE CITY OF NEW YORK,
Defendant(s).
-----------------------------------X
Plaintiff, by his attorneys, GOLDSTEIN & HANDWERKER, LLP, responding to the
demand of Defendant, THE CITY OF NEW YORK, for a Verified Bill of Particulars, alleges,
upon information and belief:
1. The occurrence complained of, took place on 10/10/17 at or about 5:40 A.M.
2. The occurrence coluplained of, took place on the roadway and/or sidewalk in front of
and/or near 33 Ken Cine Magic East River Studios, located at 33 Kent Avenue, in the County of
Kings, City and State of New York. The remaining part of this demand is improper for the Bill of
Particulars.
3. As a result of the occuuouvo, the Plaintiff, JAHARY CANTO, sustained the following
personal injuries, allof which are alleged to be of a permanent nature:
Left Ankle/Foot:
- Avulsion closed fractures;
-
Sprain;
- Joint effusion;
- Edema.
- Sprain and strain;
- and altered
Limping gait;
All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and
involvements are associated with further soft tissue injuries to the areas traumatically affected,
including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments,
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tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related
to the specific portions of the body mentioned hereinabove with resultant scars, haemorrhage, pain,
ecchymosis, deformity and disability; stiffness, tenderness, weakness, partial restriction and
limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety
and mental anguish; all of which have substantially prevented the Plaintiffs from enjoying the normal
fruits of social activities.
The Plaintiff reserves his rights to prove any and all further consequences and any and all
further medical expenses up to and at the time of trial.
All of the injuries and conditions caused and/ or contributed to the Plaintiff living a lesser
quality of life, including loss of enjoyment of life than the Plaintiffs would otherwise have
experienced, but for the injuries and conditions alleged herein.
The Plaintiff suffered, still suffer, and upon information and belief will continue to suffer
pain, discomfort and limited movement of the injured portions of his body, including the adjacent
and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues pain, discomfort and
limited movement of the injured portions of his body, including the adjacent and surrounding
muscles, tendons, nerves, joints, fascia, vessels and soft tissues.
In the event plaintiff had a prior injury or had naturally occurring degenerative changes to
the affected body parts, such prior injuries and/ or naturally occurring degeñerative changes were
pain free and asymptomatic at the time of the accident and were reinjured, aggravated and/ or
exacerbated by this accident.
4. Upon information and belief, all of the above injuries are permanent and contimiing in
nature, except for objective signs of contusions and abrasions.
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5. Plaintiff JAHARY CANTO was confined to New York Presbyterian - The
(a)
University Hospitals of Columbia and Cornell, 622 West 168th St, New York, New York 10032
from 11/6/17 to 11/7/17.
(b)Plaintiff, JAHARY CANTO, was confined to bed for approximately 28 days
following the accident.
(c) Plaintiff, JAHARY CANTO, was confined to house for approximately 28 days
following the accident.
6. Plaintiff sustained special damages as follows:
(a) Physician(s) services: $25,000.00
Juan Carlos Garcia, M.D.
168*
622 West Street
New York, New York 10032
(b)Nurses'
services: See Hospital and Physician services;
(c) Hospital expenses: $7,500.00
Physicians'
(d)Drugs and medical supplies: See services
(e) X-ray and diagnostic tests: $5,000.00
The exact dates of treatment are contained in the provider's files.
Damages been repaid by other sources: Plaintiff JAHARY CANTO's medical
expenses were partially and/or fully paid for by Empire BlueCross BlueShield, P.O. Box
1407, Church Street Station, New York, New York 10008-1407 ID: JL J714070738.
Out of pocket expenses: To be provided if applicable.
7. (a)-(f) Other special damages: To be provided, if applicable.
8. Occupation: Plaintiff was employed as a Parking assistant.
(a) Employer Name & address: Plaintiff was employed at Entertainment Partners, 5
Pennsylvania Plaza, New York, New York 10001.
Five year prior address: Improper demand as itis not within the scope of Bill of
Particulars.
(b) Plaintiff, was totally disabled from work since the date of the accident intermittently
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thereafter following the accident.
(c) Plaintiff, was partially disabled from work for approximately four months and
intermittently thereafter following the accident
(d) Lost earnings: To be provided.
(e) See response # 8(b).
9. School/Student: To be provided, ifapplicable.
135d'
10. Plaintiff, JAHARY CANTO, presently resides at 510 West Street, Apartment //6.
New York, New York 10031.
Five year prior address: Improper demand as it is not within the scope of Bill of
Particulars.
11. Plaintiff, JAHARY CANTO, is not known by any other names.
12. Plaintiff, JAHARY CANTO, was born on May 6, and bears social security number:
xxx-xx-3720.
13. Medicare: Not applicable.
14. (a)- Convicted of a crime: Not applicable.
(d)
15. (a)-(c) Loss of services: Not applicable.
16. Section 5102: Not applicable.
17. (a)-(i) Property damage: Not applicable.
18. The accident occurred while Plaintiff, JAHARY CANTO, was a lawful pedestrian in the
roadway and/or sidewalk that existed in front of at/or near 33 Ken Cine Magic East River Studios.
located at 33 Kent Avenue, in the County of Kings, City and State of New York was caused to fall
to the ground and to be injured due to an obstructed, cracked, uneven, raised, depressed, missing
and/or deteriorated sidewalk and/or roadway area resulting in severe, personal and permanent
injuries.
19. Defendant, its agents, servants, and/or employees were negligent, careless, and reckless.
in the ownership, operation, control and maintenance of said sidewalk and/or roadway, in causing,
permitting and allowing the said sidewalk and/or roadway to become and remain in a defective.
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dangerous condition constituting a, trap, cracked, nuisance and hazard and in failing to repair,
backfill or pave said condition; in causing, permitting and allowing the said sidewalk and/or roadway
to become and remaiñ in a broken, loose, defective, dangerous, obstructed, cracked, uneven, raised,
depressed, missing and/or deteriorated condition; in negligently and improperly repairing said
sidewalk and/or roadway in a negligent, careless and improper manner; in failing and neglecting to
employ the proper and required materials and techniques for the said sidewalk and/or roadway; in
failing and neglecting to follow the statutes, ordinances, standards, rules and regulations conforming
to the standard; in causing, creating and allowing a dangerous, hazardous and trap-like condition to
exist; in causing, creating and allowing a nuisance to exist; in failing and neglecting to warn or
apprise the public and all lawful users thereof, particularly the Plaintiff herein, of the dangerous and
defective conditions then and there existing in and upon the said sidewalk and/or roadway; in failing
and neglecting to barricade or section off the defective area and condition; in causing, permitting and
allowing the premises to be, become and remain in an unfinished condition which was not leveled or
uniform and posed a serious danger to all lawful users thereof; in failing and neglecting to prevent
the dangerous, defective, and unsafe condition of the aforesaid sidewalk and/or roadway; in failing
and neglecting to post signs or signals, or in any way warn the public, and in particular the injured
plaintiff herein, of the dangerous and defective condition of the said sidewalk and/or roadway; in
failing and neglecting to reroute lawful users of said premises to a safe area. Defendant violated the
applicable rules, laws, regulations, and statutes in such cases made and provided and of which the
Court will take judicial notice at the trial hereof.
20. Intentional wrongs: Not applicable.
21. The identity of the officers, agents, servants and/or employees of the defendant
responsible for the unsafe condition are within the sole knowledge of the defendant.
22. Dangerous and defective condition: See response #19.
23. -24. Prior repairs: The identity of the officers, agents, servants and/or employees of the
defendant responsible for the unsafe condition are within the sole knowledge of the defendant.
25. Defendant had both actual and constructive notice of the condition herein.
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26. Actual notice is claimed in that the defendant, its officers, agents, servants and/or
employees caused, created and contributed to said condition in that they actively owned, managed,
created, maintained and controlled the aforesaid roadway and/or sidewalk existed in in front of at/or
near 33 Ken Cine Magic East River Studios, located at 33 Kent Avenue, in the County of Kings, City
and State of New York. Defendant is directed to the law in question wherein a party who causes,
creates or maintains a condition is deemed to have actual notice thereof.
27. Constructive notice is claimed in that the condition existed for a substantial period of
time, prior to the accident herein, in order for the defendants to notice the condition and remedy it..
28. -29. Prior written notice: The identity of the officers, agents, servants and/or employees of
the defendant responsible for the unsafe condition are within the sole knowledge of the defendant.
30. Plaintiff claims that Defendant jointly and severally violated the following Statutes,
Ordinances, Regulations or Rules of the State or City of New York on their subdivisions: Section
692-4.0, 692c-1.0, 692c-2.0, 2.0, 3.0 and Section 230 of the New York City Administrative Code,
along with all other Statutes, Ordinances, Regulations or Rules that the Court will take Judicial
Notice of at the time of trial.
31. Safe place to work: Not applicable.
32. Parties to the contract: Not applicable.
33. Excavation or demolition work: Not applicable.
34. Defendant exercised control over the work: Not applicable.
35. Grave injuries as defined in workers Compensation: Not applicable.
36. -41. Alleged Defamation: Not applicable.
42. -50. Alleged Police Misconduct: Not applicable.
51. -56 Alleged Exposure to Lead-Based Paint: Not applicable.
57. -62. Alleged Action for Wrongful Death: Not applicable
63. -88. Alleged Negligent Emergency Medical Response: Not applicable.
Dated: New York, New York
April 5, 2019
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Yours, etc.
GOLDSTEIN
GOLDSTEIN & HANDWERKER, LLP
Attorneys for Plaintiff
JAHARY CANTO
280 Madison Avenue, Suite 1202
New York, New York 10016
212-679-1330
TO: ZACHARY W. CARTER
Corporation Counsel
Attorney for Defendant THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
EUSTACE, ESPSTEIN, PREZIOSO & YAPCHANYK
Attorneys for Defendants CINE MAGIC and
EAST RIVER STUDIOS, LLC
28th
55 Water Street, FlOOr
New York, New York 10041
212-612-4200
File No.: 79933430
JAVA LANDING, LLC (PRO-SE)
815 56th Street
Brooklyn, NY 11220
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ATTORNEY'S VERIFICATION
Steven Goldstein, Esq. an attorney duly admitted to practice before the Courts of the State of New
York, affirms the following to be true under the penalties of perjury:
I am an attorney at GOLDSTEIN & HANDWERKER, LLP, attorneys of record for Plaintiff,
JAHARY CANTO, in the action within. I have read the annexed BILL OF PARTICULARS and
know the contents thereof, and the same are true to my knowledge, except those matters therein
which are stated to be alleged upon information and belief, and as to those matters I believe them to
be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts,
records, and other pertinent information contained in my files.
This verification is made by me because Plaintiff is not presently in the County wherein I
maintain my offices.
Dated: New York, New York
April 5, 2019
STÉ N GOLDSTEIN
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK, COUNTY OF NEW YORK ss.:
July Manzueta, being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Bronx County in the
State of New York. I served a true copy of the annexed
VERIFIED BILL OF PARTICULARS, RESPONSE TO DEFENDANT'S
COMBINED DEMANDS, COMBINED DEMANDS AND DEMAND FOR
BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES
on April 5, 2019, by mailing the same in a sealed envelope, with postage prepaid thereon, in a
post office or official depository of the U.S. Postal Service within the State of New York, addressed
to the last known address of the addressee as indicated below:
ZACHARY W. CARTER
Corporation Counsel
Attorney for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
EUSTACE, ESPSTEIN, PREZIOSO & YAPCHANYK
Attorneys for Defendants CINE MAGIC and
EAST RIVER STUDIOS, LLC
28th
55 Water Street, FlOOr
New York, New York 10041
212-612-4200 ..
File No.: 79933430
JAVA LANDING, LLC (PRO-SE)
815 56th Street
Brooklyn, NY 11220
July Manzueta
Sworn to before me
April 5, 2019
Notary Public
ANTONIADIAZ
York
Commissioner of Deeds, State of New
No. 1-5992
Qualified in New York County
1, 20_
Commission Expires july
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Index No.: 519697/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JAHARY CANTO,
Plaintiff(s),
-against-
CINE MAGIC EAST RIVER STUDIOS, LLC and JAVA LANDING, LLC AND THE CITY
OF NEW YORK,
Defendant(s).
VERIFIED BILL OF PARTICULARS, RESPONSE TO DEFENDANT'S
COMBINED DEMANDS, COMBINED DEMANDS AND DEMAND FOR
BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES
GOLDSTEIN &HANDWERKER, LLP
Attorneys for Plaintiff
280 Madison Avenue, Suite 1202
New York, New York 10016
212-679-1330
TO: ZACHARY W. CARTER
Corporation Counsel
Attorney for Defendant
THE CITY OF NEW YORK
100 Church Street
New York, New York 10007
EUSTACE, ESPSTEIN, PREZIOSO & YAPCHANYK
Attorneys for Defendants CINE MAGIC and
EAST RIVER STUDIOS, LLC
28th
55 Water Street, FlOOr
New York, New York 10041
212-612-4200
File No.: 79933430
JAVA LANDING, LLC (PRO-SE)
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Preview
FILED: KINGS COUNTY CLERK 12/20/2021 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/20/2021 Exhibit E FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------- X JAHARY CANTO, VERIFIED BILL OF PARTICULARS Plaintiff(s), -against- Index No.: 519697/2018 CINE MAGIC EAST RIVER STUDIOS, LLC and JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendant(s). -----------------------------------X Plaintiff, by his attorneys, GOLDSTEIN & HANDWERKER, LLP, responding to the demand of Defendant, THE CITY OF NEW YORK, for a Verified Bill of Particulars, alleges, upon information and belief: 1. The occurrence complained of, took place on 10/10/17 at or about 5:40 A.M. 2. The occurrence coluplained of, took place on the roadway and/or sidewalk in front of and/or near 33 Ken Cine Magic East River Studios, located at 33 Kent Avenue, in the County of Kings, City and State of New York. The remaining part of this demand is improper for the Bill of Particulars. 3. As a result of the occuuouvo, the Plaintiff, JAHARY CANTO, sustained the following personal injuries, allof which are alleged to be of a permanent nature: Left Ankle/Foot: - Avulsion closed fractures; - Sprain; - Joint effusion; - Edema. - Sprain and strain; - and altered Limping gait; All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, 1 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove with resultant scars, haemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness, partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental anguish; all of which have substantially prevented the Plaintiffs from enjoying the normal fruits of social activities. The Plaintiff reserves his rights to prove any and all further consequences and any and all further medical expenses up to and at the time of trial. All of the injuries and conditions caused and/ or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiffs would otherwise have experienced, but for the injuries and conditions alleged herein. The Plaintiff suffered, still suffer, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. In the event plaintiff had a prior injury or had naturally occurring degenerative changes to the affected body parts, such prior injuries and/ or naturally occurring degeñerative changes were pain free and asymptomatic at the time of the accident and were reinjured, aggravated and/ or exacerbated by this accident. 4. Upon information and belief, all of the above injuries are permanent and contimiing in nature, except for objective signs of contusions and abrasions. 2 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 5. Plaintiff JAHARY CANTO was confined to New York Presbyterian - The (a) University Hospitals of Columbia and Cornell, 622 West 168th St, New York, New York 10032 from 11/6/17 to 11/7/17. (b)Plaintiff, JAHARY CANTO, was confined to bed for approximately 28 days following the accident. (c) Plaintiff, JAHARY CANTO, was confined to house for approximately 28 days following the accident. 6. Plaintiff sustained special damages as follows: (a) Physician(s) services: $25,000.00 Juan Carlos Garcia, M.D. 168* 622 West Street New York, New York 10032 (b)Nurses' services: See Hospital and Physician services; (c) Hospital expenses: $7,500.00 Physicians' (d)Drugs and medical supplies: See services (e) X-ray and diagnostic tests: $5,000.00 The exact dates of treatment are contained in the provider's files. Damages been repaid by other sources: Plaintiff JAHARY CANTO's medical expenses were partially and/or fully paid for by Empire BlueCross BlueShield, P.O. Box 1407, Church Street Station, New York, New York 10008-1407 ID: JL J714070738. Out of pocket expenses: To be provided if applicable. 7. (a)-(f) Other special damages: To be provided, if applicable. 8. Occupation: Plaintiff was employed as a Parking assistant. (a) Employer Name & address: Plaintiff was employed at Entertainment Partners, 5 Pennsylvania Plaza, New York, New York 10001. Five year prior address: Improper demand as itis not within the scope of Bill of Particulars. (b) Plaintiff, was totally disabled from work since the date of the accident intermittently 3 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 thereafter following the accident. (c) Plaintiff, was partially disabled from work for approximately four months and intermittently thereafter following the accident (d) Lost earnings: To be provided. (e) See response # 8(b). 9. School/Student: To be provided, ifapplicable. 135d' 10. Plaintiff, JAHARY CANTO, presently resides at 510 West Street, Apartment //6. New York, New York 10031. Five year prior address: Improper demand as it is not within the scope of Bill of Particulars. 11. Plaintiff, JAHARY CANTO, is not known by any other names. 12. Plaintiff, JAHARY CANTO, was born on May 6, and bears social security number: xxx-xx-3720. 13. Medicare: Not applicable. 14. (a)- Convicted of a crime: Not applicable. (d) 15. (a)-(c) Loss of services: Not applicable. 16. Section 5102: Not applicable. 17. (a)-(i) Property damage: Not applicable. 18. The accident occurred while Plaintiff, JAHARY CANTO, was a lawful pedestrian in the roadway and/or sidewalk that existed in front of at/or near 33 Ken Cine Magic East River Studios. located at 33 Kent Avenue, in the County of Kings, City and State of New York was caused to fall to the ground and to be injured due to an obstructed, cracked, uneven, raised, depressed, missing and/or deteriorated sidewalk and/or roadway area resulting in severe, personal and permanent injuries. 19. Defendant, its agents, servants, and/or employees were negligent, careless, and reckless. in the ownership, operation, control and maintenance of said sidewalk and/or roadway, in causing, permitting and allowing the said sidewalk and/or roadway to become and remain in a defective. 4 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 dangerous condition constituting a, trap, cracked, nuisance and hazard and in failing to repair, backfill or pave said condition; in causing, permitting and allowing the said sidewalk and/or roadway to become and remaiñ in a broken, loose, defective, dangerous, obstructed, cracked, uneven, raised, depressed, missing and/or deteriorated condition; in negligently and improperly repairing said sidewalk and/or roadway in a negligent, careless and improper manner; in failing and neglecting to employ the proper and required materials and techniques for the said sidewalk and/or roadway; in failing and neglecting to follow the statutes, ordinances, standards, rules and regulations conforming to the standard; in causing, creating and allowing a dangerous, hazardous and trap-like condition to exist; in causing, creating and allowing a nuisance to exist; in failing and neglecting to warn or apprise the public and all lawful users thereof, particularly the Plaintiff herein, of the dangerous and defective conditions then and there existing in and upon the said sidewalk and/or roadway; in failing and neglecting to barricade or section off the defective area and condition; in causing, permitting and allowing the premises to be, become and remain in an unfinished condition which was not leveled or uniform and posed a serious danger to all lawful users thereof; in failing and neglecting to prevent the dangerous, defective, and unsafe condition of the aforesaid sidewalk and/or roadway; in failing and neglecting to post signs or signals, or in any way warn the public, and in particular the injured plaintiff herein, of the dangerous and defective condition of the said sidewalk and/or roadway; in failing and neglecting to reroute lawful users of said premises to a safe area. Defendant violated the applicable rules, laws, regulations, and statutes in such cases made and provided and of which the Court will take judicial notice at the trial hereof. 20. Intentional wrongs: Not applicable. 21. The identity of the officers, agents, servants and/or employees of the defendant responsible for the unsafe condition are within the sole knowledge of the defendant. 22. Dangerous and defective condition: See response #19. 23. -24. Prior repairs: The identity of the officers, agents, servants and/or employees of the defendant responsible for the unsafe condition are within the sole knowledge of the defendant. 25. Defendant had both actual and constructive notice of the condition herein. 5 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 26. Actual notice is claimed in that the defendant, its officers, agents, servants and/or employees caused, created and contributed to said condition in that they actively owned, managed, created, maintained and controlled the aforesaid roadway and/or sidewalk existed in in front of at/or near 33 Ken Cine Magic East River Studios, located at 33 Kent Avenue, in the County of Kings, City and State of New York. Defendant is directed to the law in question wherein a party who causes, creates or maintains a condition is deemed to have actual notice thereof. 27. Constructive notice is claimed in that the condition existed for a substantial period of time, prior to the accident herein, in order for the defendants to notice the condition and remedy it.. 28. -29. Prior written notice: The identity of the officers, agents, servants and/or employees of the defendant responsible for the unsafe condition are within the sole knowledge of the defendant. 30. Plaintiff claims that Defendant jointly and severally violated the following Statutes, Ordinances, Regulations or Rules of the State or City of New York on their subdivisions: Section 692-4.0, 692c-1.0, 692c-2.0, 2.0, 3.0 and Section 230 of the New York City Administrative Code, along with all other Statutes, Ordinances, Regulations or Rules that the Court will take Judicial Notice of at the time of trial. 31. Safe place to work: Not applicable. 32. Parties to the contract: Not applicable. 33. Excavation or demolition work: Not applicable. 34. Defendant exercised control over the work: Not applicable. 35. Grave injuries as defined in workers Compensation: Not applicable. 36. -41. Alleged Defamation: Not applicable. 42. -50. Alleged Police Misconduct: Not applicable. 51. -56 Alleged Exposure to Lead-Based Paint: Not applicable. 57. -62. Alleged Action for Wrongful Death: Not applicable 63. -88. Alleged Negligent Emergency Medical Response: Not applicable. Dated: New York, New York April 5, 2019 6 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 Yours, etc. GOLDSTEIN GOLDSTEIN & HANDWERKER, LLP Attorneys for Plaintiff JAHARY CANTO 280 Madison Avenue, Suite 1202 New York, New York 10016 212-679-1330 TO: ZACHARY W. CARTER Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 EUSTACE, ESPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendants CINE MAGIC and EAST RIVER STUDIOS, LLC 28th 55 Water Street, FlOOr New York, New York 10041 212-612-4200 File No.: 79933430 JAVA LANDING, LLC (PRO-SE) 815 56th Street Brooklyn, NY 11220 7 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 ATTORNEY'S VERIFICATION Steven Goldstein, Esq. an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at GOLDSTEIN & HANDWERKER, LLP, attorneys of record for Plaintiff, JAHARY CANTO, in the action within. I have read the annexed BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff is not presently in the County wherein I maintain my offices. Dated: New York, New York April 5, 2019 STÉ N GOLDSTEIN 8 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 AFFIDAVIT OF SERVICE STATE OF NEW YORK, COUNTY OF NEW YORK ss.: July Manzueta, being duly sworn, deposes and says: I am over 18 years of age, I am not a party to the action, and I reside in Bronx County in the State of New York. I served a true copy of the annexed VERIFIED BILL OF PARTICULARS, RESPONSE TO DEFENDANT'S COMBINED DEMANDS, COMBINED DEMANDS AND DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES on April 5, 2019, by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the addressee as indicated below: ZACHARY W. CARTER Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 EUSTACE, ESPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendants CINE MAGIC and EAST RIVER STUDIOS, LLC 28th 55 Water Street, FlOOr New York, New York 10041 212-612-4200 .. File No.: 79933430 JAVA LANDING, LLC (PRO-SE) 815 56th Street Brooklyn, NY 11220 July Manzueta Sworn to before me April 5, 2019 Notary Public ANTONIADIAZ York Commissioner of Deeds, State of New No. 1-5992 Qualified in New York County 1, 20_ Commission Expires july 9 of 10 FILED: KINGS COUNTY CLERK 04/05/2019 12/20/2021 05:13 02:54 PM INDEX NO. 519697/2018 NYSCEF DOC. NO. 7 43 RECEIVED NYSCEF: 04/05/2019 12/20/2021 Index No.: 519697/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JAHARY CANTO, Plaintiff(s), -against- CINE MAGIC EAST RIVER STUDIOS, LLC and JAVA LANDING, LLC AND THE CITY OF NEW YORK, Defendant(s). VERIFIED BILL OF PARTICULARS, RESPONSE TO DEFENDANT'S COMBINED DEMANDS, COMBINED DEMANDS AND DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES GOLDSTEIN &HANDWERKER, LLP Attorneys for Plaintiff 280 Madison Avenue, Suite 1202 New York, New York 10016 212-679-1330 TO: ZACHARY W. CARTER Corporation Counsel Attorney for Defendant THE CITY OF NEW YORK 100 Church Street New York, New York 10007 EUSTACE, ESPSTEIN, PREZIOSO & YAPCHANYK Attorneys for Defendants CINE MAGIC and EAST RIVER STUDIOS, LLC 28th 55 Water Street, FlOOr New York, New York 10041 212-612-4200 File No.: 79933430 JAVA LANDING, LLC (PRO-SE) 10 of 10