Preview
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
EXHIBIT A
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------- ---------------- ---- X
ROTHSCHILD NIYAZOV, Index No.: 719690/2021
Plaintiff, VERIFIED
BILL OF PARTICULARS
-against-
DYLAN PATRICK RUPP, IN STORE DISTRIBUTORS, INC.
21ST
and CENTURY SNACKS,
Defendant.
-------------- -------- X
Plaintiff, ROTHSCHILD NIYAZOV, by his attorneys, THE LAW OFFICE OF ELI
BABAEV, P.C., in response to the Demand for a Bill of Particulars served by the Defeñd-ñt-,
respectfully alleges as follows:
1. The incident herein complained of occurred on June 26, 2020 at appe n
;mately
7:00am.
2. Plaintiff objects to the demand for a statement of how the accident occü1red as it
is evidentiary in nature and Loyond the scope of a Verified Bill of Particulars.
3. Plaintiff objects to the demand for a statement the direction in which
regarding
each vehicle involved was traveling as it is in nature and beyond the scope of a
evidentiary
Verified Bill of Particulars. However, without said the accident
wãiving objection, ceentred on
the Van Wyck at or near Exit 1W in the of
Expressway County Queens, City and State of New
York.
4. The defendants were reckless and/or negligent as
careless, follows:
- In the
striking vehicle the plaintiffwas a passenger in,in the rear;
- In to
failing keep a proper distance between the motor vehicle of the
plaintiffand the motor vehicle ofthe defendant;
- In the
following vehicle plaintiff was in too closely;
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
- motor vehicle at an unreasonable, unsafe, excessive
In operating their
rate of speed under the circumstances then and there
and illegal
prevailing;
- In to be alert, attentive and vigilant;
failing
- In to a proper lookout;
failing keep
- In distracted by an electronic device;
being
- In to have their motor vehicle under ra====ble and proper
failing
contml;
- In to timely see the other motor vehicle(s);
failing
- In said motor vehicle to come in contact and collide with
causing
other motor vehicle(s) and objects;
- In to and breles;
failing timely properly apply
- In to and próperly turn a steering mechasism;
failing timely
- In to and properly sound a horn;
failing timely
- In to give signal, notice or warning of said motor
failing any
vehicle's approach;
- In to observe the road and the presence of other vehicles on
failing
the road;
- In the motor vehicle that the were in
operating defendant(s) operating
an unsafe manner or location;
In failing to properly slow and/or stop while approaching other
vehicles;
- In to take steps and/or actions to avoid the
failing neucusary accident;
- In to exercise due and
failing care, caution, forbe=zance;
- In otherwise reckless and in the
being careless, negligent, evacrship,
operation, maintenance, control, supervision, inspection and repair of
the motor vehicle;
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
- In said motor vehicle in violation of applicable statutes,
operating
regulations and ordinances including but not limited to
laws, rules,
the Vehicle and Traffic Laws of the State of New York and in
otherwise operating the vehicle of the Defendant(s) in a careless,
reckless and negligent manner, under the circusistances prevailing at
the time of the accident.
The aforesaid accident was due solely and wholly as a result of the careless and negligcat
manner in which the dafandants owned, eperated, ñüiñ±:d, managed and controlled their vehicle
at the aforesaid location, without the plaintiffsin any way contributing thereto.
5. Plaintiff objects to this demand for a statement regarding whether defendet's vehicle
was defective as evidentiary and beyond the scope of a Verified Bill of Particulars.
6. Plaintiff objects to the demand for a statement regarding the points of contact of each
vehicle involved in the accident with (a) every other vehicle; and (b) every pedestrian or other
person not in a vehicle, involved in the accident, as itis evidentiary in nature and beyond the scope
of a Verified Billof Particulars.
7. Plaintiff objects to the demand for a statement regarding the direction each vehicle
was proceeding at the time of the accident as it isevidentiary in nature and beyond the scope of a
Verified Billof Particulars.
8. Plaintiff was not a pedestrian at the time of the incident.
9. Plaintiff objects to the demand fora statement the traffic signs that were
regarding
contmlling traffic at the intersection, the direction in which and the vehicles and which
they faced,
streetswere controlled by said traffic signs, as itis in nature and beyond the scope of a
evidentiary
Verified Bill of Particulars.
10. Plaintiff objects to the demand for a statement of the names and addresses of all
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
vdkennes to the notice witnesses as itis evidennâry in nature and beyond the
occurrence, ir£lwling
scope of a Verified Bill of Particulars.
11. Plaintiff objects to the demed for a statement of the names of any and alldamage
those who plaintiff intends to present tesumeny from at trial regarding
witnesses, iñcluding
plelnufFs of life and/or dimini had as it is in nature and beyond the
quality capacity, evidentiary
scope of a Verified Bill of Particulars.
12. Plaintiff objects to the demand for a statement of (a) the name and address of the
owner of each vehicle; (b) the name and address of the operator of each vehicle; and (c) thelicense
plate and mgistration number of each vehicle, as itis evidentiary in nature and beyond the scope of
a Verified Billof Particulars.
13. Plaintiff objects to thedemand for a statement of whether the seat belt,ifany, was
being used by plaintiff at the time of the accident, whether the same was securely fastened and if
so, if any claim will be made that the seat belt or its mechanism was in any way defecüve, as itis
evidentiary in nature and beyond the scope of a Verified Bill of Particulars.
14. Plaintiff objects to the demed for a statement of the position of the plaintiffin the
vehicle the plaintiff was occupying, specifying whether front or rear of said vehicle and whether on
left,middle, or right, as it is evidentiary in nature and beyond the scope of a Verified Bill of
Particulars.
15. Plaintiff objects to the demand for a description of the the
vehicle, giving
manufactarer's name, model, year and type of body, as it is in nature and beyond the
evidentiary
scope of a Verified Bill of Particulars.
16. Plaintiff objects to the demand for a description of each part of the vehicle damaged
4
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
and the reasonable cost of or each part,as itis evidentiary in nature
or destroyed repairing replacing
the scope of a Verified Bill of Particulam
and beyond
17. Plaintiff objects to the demand for statement regarding the length of time
to repair the as itis in nature and beyond the scope of a
reaaunably necessary vehicle, evidentiary
Verified Bill of Particulars.
18. Plaintiff objects to the demand for the reas0ñable value of the vehicle before the
occurrence, as itis evidentiary in nature and beyond the scope of a Verified Bill of Particulars.
19. Plaintiff objects to the demand for the reasonable value of the vehicle after the
accuricace, as itis evidentisfy in nature and beyond the scope of a Verified Bill of Particulars.
20. Plaintiff objects to the deiñand for the purpose for which the vehicle was used, as it
is evidentiary in nature and beyond the scope of a Verified Bill of Particulars.
21. Plaintiff objects to the dem=d for the amount claimed forloss of use, as itis
evidentiary in nature and beyond the scope of a Verified Bill of Partienlars.
22. Plaintiff Objects to the demand for a statamant of each plaintiff'svehicle (whether
owned or operated by plaintiff or in which plaintiff was a the name and
passenger) regarding (a)
address of (1) owner of plaintiff's vehicle; (2) operator of plaintifif'svehicle, the license plate
(b)
and registration number of plaintifis motor vehicle; and (c) the year, make and model of the
plaintiff's vehicle, as it is evidentiary in nature and beycad the scope of a Verified Bill of
Particulars.
23. Plaintiff objects to the demand for a watement each defcñdant's vehicle
regarding
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FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
the name and address of the owner of each vehicle; (b) the name and address of the
conceming (a)
operator of each and the license plate and regist tiõñ number of each vehicle, as it is
vehicle; (c)
in nature and beyond the Scope of a Verified Bill of Particulars.
evidentiary
injury"
24. The plaintiff sustained a "serious under § 5102(d) of the Insurance Law
in that she suffered a personal injury residfing in a permament loss of use of a body organ,
member, function or system; per=anent consequential liml+ation of use of a body organ or
member; a significant limitation of use of a body organ, member, fáñction or system; and a
determined or impairment of a non- permanent nature which prevents him from
medicely injury
performing substantially all of the material acts which constitute his usual and custommy daily
activities for not less than ninety days during the one hüñdred eighty days immadiately following
the occurrence of the injury or impairment
25.
a. The following injuries were caused, aggravated, accelerated; precipitated,
exacerbated and/or enhanced as a result of the darandan¥ negligence:
CERVICAL SPINE
- Disc herniation at C5-C6;
Disc herniation at C7-T1;
Disc hemiation at T1-T2;
- Disc at
herniation T3-T4;
As a result of the accident, the plaintiff was required to undergo the following
operative procedure at Pain Physicians NY performed by Leonid Reyfman, M.D. on March
5, 2021:
6
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
Operation: 1. Anterior Cervical Percutaneous Discectomy at level C5-C6
2. Annuloplasty at level C5-C6
Specimen(s)
Collected: Intervertebral Disc Fragments at level C5-C6
- Cervical Radiculopathy;
- Post-surgical advanced disc degeneration;
- Adjacent segment premature degeneration;
- Post-surgical scarring;
- Post-traumatic arthritis;
- Marked restriction of range of motion;
- Severe pain and
swelling tenderness;
- Need for future injection;
- Need for future surgery;
As a resultof the foregoing the plaintiff suffers from severe pain, swelling and tendemess of
the cervical spine resulting in loss of strength, loss of ftmetion, loss of motion, restriction of
movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels,
muscles, tendons and liga2nents with resulting pain, deformity and disability and predispose plaintiff
to adjacent segment degeneration.
LUMBAR SPINE
- Disc herniation at level L4-L5;
As a result of the accident, the plaintiff was required to undergo the following
procedure at Island Amba';tory Surgery Center, LLC performed by Leonid Reyfman,
M.D. on August 10, 2020:
Procedure: 1. Interlaminar Epidural Steroid Injection
2. Diagnostic Intraoperative Epidurogram
3. Trigger Point Injections
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result of the the plaintiff was required to undergo the fellowing
As a accident,
procedure at Island Center, LLC performed by Leonid
operative Ambulatory Surgery
Reyfman, M.D. on August 25, 2021:
Operation: Mechanical Decrompression/Discectomy at L4-L5
Ablation/Nucleoplasty at L4-L5
Radiofrequency
Annuloplasty at L4-L5
Contrast Injection and Evaluation of Nucleograms at L4-L5
Specimen(s)
Collected: Intervertebral disc fragments at L4-L5
- Post-surgical scarring;
- Post surgical advanced disc degeneration;
- Adjacent segment degeneration;
- Lumbar radiculopathy;
-
Sprain/Strain;
- Post-traumatic arthritis;
- Severe pain, and tenderness;
swelling
- Marked restriction of range of motion;
- Need for future injection(s);
- Need for future surgery;
As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of
the lumbar spine resulhg in loss of strength, loss of function, loss of motion, restriction of
movement, all with involvemeM of the surrounding soft tissue, nerve endings, blood vessels,
muscles, tendons and ligaments with rasalhg pain, deformity and disability and predispose plaintiff
to adjacent segment degeneration.
RIGHT KNEE
- Lateral Meniscus;
-
Sprain/Strain;
- Internal derangement;
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- Marked restriction of range of motion;
- Post-traumatic arthritis;
- Severe pain, swelling, tenderness;
- Need for future injection;
- Need for future surgery;
As a result of the foregoing the plaintiff suffers from severe pain, swelling and teMemess of
the right knee ressing in lossof strength, loss of function, loss of motion, restriction of movemcat,
all with involvement of the surrounding soft tissue,nerve cadings, blood vessels, muscles, tendons
and ligarnents with resulting pain, defonnity and disability and predispose plaintiff to adjacent
segment degeneration.
]‡FT KNEE
- Lateral Meniscus;
- Tear anterior cruciate ligament
-
Sprain/Strain;
- Internal derangement;
- Marked restriction of range of motion;
- Post-traumatic arthritis;
- Severe pain, swelling, tenderness;
- Need for future injection;
- Need for future surgery;
As a result of the foregoing the plaintiff suffers from severe pain, and tenderness of
swelling
the leftknee resulting in loss of loss of loss of restriction of
strength, function, motion, movement,
allwith involvement of the soft nerve blood
surrounding tissue, endings, vessels, muscles, tendous
and ligamcats with pain, and and predispose
resulting deformity disability plaintiff to adjacêñt
segment degeneration.
9
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
The injuries directly affected the bones, tendons, tissues, muscles, ligaments,
foregoing
softtissue in and about the involved areas and sympathetic and radiating
nerves, blood vessels and
pain from allof which the plaintiffsuffered, stillsuffers,and may permanently suffer;
accident and injuries herein the plaintiff suffered a severe shock
As a result of the su±ined,
to his nervous Severe anxiety, concern about possible further complications, depression,
system;
feelings of helplessness, frustration, feelings of hopelessness,
hum½±ion, self-consciousness,
feelings of victimization and vulnerability, Seshbacks, fear, anger, desperation, distraction,
decreased sadness, melancholy, feelings of invalidism, social
conceñtration, exasperation,
inhibition and psychic trauma.
The injuries impaired the general health of the plaintiff;the plaintiff believes that
foregoing
allof the injuries hereinabove with the exceptiüñ of bruises and contusions are permanent
sustained,
and progressive in the plaintiff permanently suffer from the aforesaid injuries and from
nature; may
its effects upon his nervous system and may limit his activities in his employment and his life.
Plaintiff be restricted in his normal lifeand setivitiesand may permanently require medical and
may
neurological care and attention.
Upon information and belief, these injuries aggravated, activated, exacerbated and/or
precipitated any underlying hypertrophic, degonorative, arthritic, circulatory, arterial, venous,
and/or systemic condition or mnditianc which was or were asymptamatic prior to the accideñt
complained of.
(c) Plaintiff was confined by reason of the occurrence to bed and home from the date of
the accident and upon information and belief, continues to be confined on an intermittent basis.
(d) Plaintiff is currently unaware of the total billing amounts. However, plaintiff is
10
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the defendents with authorizatioñs to all medical providers under separate cover. The
providing
are approximations of those billscurrently known to plaintiff:
following
i. Physician's services: approximately $65,000 and continuing;
ii. Hospital expenses: approximately $5,000
iii. X-rays: included in (i)and (ii);
Nurses'
iv. services: included in (i)and (ii).
v. Chiropractors: included in (i)and (ii).
vi. Physiotherapy: included in (i)and (ii).
vii. Drugs and medication: included in (i)and (ii).
viii. Medical supplies: included in (i)and (ii).
ix. Other medical treatment. included in (i)and (ii).
26. Plaintiff objects to the demand for copies of receipts, invoices, cancelled
checks, or any other record reflecting plaintiff's alleged special damages, as it isevihdiery in
nature and beyond the scope of a Verified Bill of Particulars,
27. Plaintiff objects to the demamd for the name of each and every hospital, clinic,
or iustitution where any treatment or examination was rendered to the plaintiff and length of
time, if any, confined there, as it isevidentiary in nature and beyond the scope of a Verified Bill
of Particulars. However, without waiving said objection, please see plaintiff's Response to
Combined Demands served under separate cover.
28. Plaintiff objects to the demand for the names and addresses of any treating
physicies and the rsmber and dates of visits to said physicians as in nature and
evidentiary
beyond the scope of a Verified Bill of Particulars. However, without said
waiving objection,
11
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
please see plaintiff's Response to Combined Demede served under separate cover.
29.
a. Women's League Residential Services. The address is 654 east
7*
Street, Brooldyn, N.Y 11218.
b. Plaintiff objects to the demand for a statement regauling the nature of
plaintiff s employment as it isevidentiary in nature and beyond the scope of a
Verified Bill of Particulars.
c. Plaintiff objects to the demand for a statement regarding the nature and/or
type of work customarily performed by plaintiff, as it is evidentiary in nature
and beyond the scope of a Verified Bill of Particulars.
d. Not applicable as to self-employed.
e. Plaintiff has been incãps¤inted from employmeñt since the date of the
incident and continues to be iñcapacitated from employment on an
intermittent basis.
f. Plaintiff claims approximately $10,800 in lost earnings and continuing.
g. Not applicable as tostudent.
30. Plaintiff objects to the demand for an itemization of allother special damages
allegedly incurred by plaintiff as a result of this occurrence, as it is evidentiary in nature and
beyond the scope of a Verified Bill of Particulars. However, withcut said objection see
waiving
msponse 25(d) above.
31. Plaintiff objects to the demand for copies of any receipts, credit card statements,
paid bills, outstanding bills, iñvoices or other material which document any indebtedness or
12
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
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payment for out of pocket expenses paid the plaintiff, as it is evidentiary in nature and
any by
beyond the scope of a Verified Bill of Particúlars.
32. The defendants violated Sections 388, 1101, 1128, 1129, 1140, 1142, 1143, 1146,
1212, 1225(c), 1225(d), 1226, of the Vehicle and Traffic Laws of the State of New
1172, 1180,
York, and Sections 4-02(c), 4-02(d), 4-06, 4-07, and 4-12 of the Traffic Regulations of the City
§§
of New York, along with all other applicable Statutes, Oranan~s, Rules and Regulations. The
court will take judicial notice of all statutes, rules, regulations and ordinances at the time of trial.
Plaintiff reserves the right to supplement this response pending further discovery and
investigation.
33. Due to concerns of identity theft,plaintiff's counsel no longer publishes client's
date of birth in Bills of Particulars since they are likely to be filed in the public record along
with other personal identifying information. Notwithstanding such objection, plaintiff was born
in 2001 and his birth date is on authorizations being provided with PlaintifFs Response to
Defendant's Combined Demand for Discovery and Inspection.
Plaintiff objects to the demand for his Social Security number as as an
privileged,
interrogatory, as not designed to amplify the pleadings, and also to the disclosure of such
infamation in a filing likely to be publicly filed, due to the danger of theft. It is also
identify
impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C.§ 552 [b][6]
and the Federal Privacy Act of 1974 (Public and General Business Law 399-
Law-93-579) § 7,
dd. Notwithstanding such objection, Plaintiffs Social m'mhar is on the
Security authorizations
provided with Defen nt '
being Plaintiffs Response to Combined Demand for and
Discovery
13
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hpwlen. Plaintiff objects to the remainder of this demed for his post office address as
evidentiary in nature and beyond the scope of a Verified Bill of Particulars.
34. Not applicable as to wrongful death.
35. Plaintiff objects to the demand for a valid photographic LD. as it isevidentiary in
nature and beyond the scope of a Verified Bill of Particulars.
36. Plaintiff objects to the demand for any and alldocuments, statements, and
invoices that identify any entity, party or individual that claims to hold a lien (if any) on any
award of damages that may result from the instant litigation, as it is evidentiary in nature and
beyond the scope of a Verified Bill of Particulars.
37-46. Not applicable as to false arrest/malicious prosecution.
PLEASE TAKE FURTHER NOTICE that the Plaintiff reserves the right to serve an
amended and/or supplemental Bill of Particulars in connection with all claims including those of
continuing special damages and disabilities
Dated: November 30, 2021
Forest Hills, New York
Yours, etc.
THE LAW OFFICE OF ELI BABAEV
By: Eli abaev, Esq.
Attorneys for Plaintiffs
118-35 Queens Blyd., Suite 1240
Forest Hills, New York 11375
(718) 205-4477
14
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NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
To:
Patrice C.S. Melville, Esq.
CASCONE & KLUEPFEL, LLP
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No.: 05571bDVM
15
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022
O O
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF blue WS )
Ê0¾whild Nsya»v deposes and says thatdeponent
, being duty sworn, isthe
above named clainiant: deponent has 1ead the BILL OF PARTICULARS and know
foregaing
the contents thereof and thesame istrue to the best of except as to those matters
my knowledge,
herein stated to be alleged upon information and belief and thatas to thosematters, I believe
them to be true.
X
S orn to before me t 's
day of , 2021
NOTARY PUBLIC
ELIBABAEY
NOTARYPUBUC.STATEOF NEWTORK
No a2=M! 55991
Registration
Qualifiedin Queens
coaty
-
Ex kesMay14,20
Commission
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021
NYSCEF DOC. NO. 36
Preview
FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 EXHIBIT A FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------- ---------------- ---- X ROTHSCHILD NIYAZOV, Index No.: 719690/2021 Plaintiff, VERIFIED BILL OF PARTICULARS -against- DYLAN PATRICK RUPP, IN STORE DISTRIBUTORS, INC. 21ST and CENTURY SNACKS, Defendant. -------------- -------- X Plaintiff, ROTHSCHILD NIYAZOV, by his attorneys, THE LAW OFFICE OF ELI BABAEV, P.C., in response to the Demand for a Bill of Particulars served by the Defeñd-ñt-, respectfully alleges as follows: 1. The incident herein complained of occurred on June 26, 2020 at appe n ;mately 7:00am. 2. Plaintiff objects to the demand for a statement of how the accident occü1red as it is evidentiary in nature and Loyond the scope of a Verified Bill of Particulars. 3. Plaintiff objects to the demand for a statement the direction in which regarding each vehicle involved was traveling as it is in nature and beyond the scope of a evidentiary Verified Bill of Particulars. However, without said the accident wãiving objection, ceentred on the Van Wyck at or near Exit 1W in the of Expressway County Queens, City and State of New York. 4. The defendants were reckless and/or negligent as careless, follows: - In the striking vehicle the plaintiffwas a passenger in,in the rear; - In to failing keep a proper distance between the motor vehicle of the plaintiffand the motor vehicle ofthe defendant; - In the following vehicle plaintiff was in too closely; FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 - motor vehicle at an unreasonable, unsafe, excessive In operating their rate of speed under the circumstances then and there and illegal prevailing; - In to be alert, attentive and vigilant; failing - In to a proper lookout; failing keep - In distracted by an electronic device; being - In to have their motor vehicle under ra====ble and proper failing contml; - In to timely see the other motor vehicle(s); failing - In said motor vehicle to come in contact and collide with causing other motor vehicle(s) and objects; - In to and breles; failing timely properly apply - In to and próperly turn a steering mechasism; failing timely - In to and properly sound a horn; failing timely - In to give signal, notice or warning of said motor failing any vehicle's approach; - In to observe the road and the presence of other vehicles on failing the road; - In the motor vehicle that the were in operating defendant(s) operating an unsafe manner or location; In failing to properly slow and/or stop while approaching other vehicles; - In to take steps and/or actions to avoid the failing neucusary accident; - In to exercise due and failing care, caution, forbe=zance; - In otherwise reckless and in the being careless, negligent, evacrship, operation, maintenance, control, supervision, inspection and repair of the motor vehicle; 2 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 - In said motor vehicle in violation of applicable statutes, operating regulations and ordinances including but not limited to laws, rules, the Vehicle and Traffic Laws of the State of New York and in otherwise operating the vehicle of the Defendant(s) in a careless, reckless and negligent manner, under the circusistances prevailing at the time of the accident. The aforesaid accident was due solely and wholly as a result of the careless and negligcat manner in which the dafandants owned, eperated, ñüiñ±:d, managed and controlled their vehicle at the aforesaid location, without the plaintiffsin any way contributing thereto. 5. Plaintiff objects to this demand for a statement regarding whether defendet's vehicle was defective as evidentiary and beyond the scope of a Verified Bill of Particulars. 6. Plaintiff objects to the demand for a statement regarding the points of contact of each vehicle involved in the accident with (a) every other vehicle; and (b) every pedestrian or other person not in a vehicle, involved in the accident, as itis evidentiary in nature and beyond the scope of a Verified Billof Particulars. 7. Plaintiff objects to the demand for a statement regarding the direction each vehicle was proceeding at the time of the accident as it isevidentiary in nature and beyond the scope of a Verified Billof Particulars. 8. Plaintiff was not a pedestrian at the time of the incident. 9. Plaintiff objects to the demand fora statement the traffic signs that were regarding contmlling traffic at the intersection, the direction in which and the vehicles and which they faced, streetswere controlled by said traffic signs, as itis in nature and beyond the scope of a evidentiary Verified Bill of Particulars. 10. Plaintiff objects to the demand for a statement of the names and addresses of all 3 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 vdkennes to the notice witnesses as itis evidennâry in nature and beyond the occurrence, ir£lwling scope of a Verified Bill of Particulars. 11. Plaintiff objects to the demed for a statement of the names of any and alldamage those who plaintiff intends to present tesumeny from at trial regarding witnesses, iñcluding plelnufFs of life and/or dimini had as it is in nature and beyond the quality capacity, evidentiary scope of a Verified Bill of Particulars. 12. Plaintiff objects to the demand for a statement of (a) the name and address of the owner of each vehicle; (b) the name and address of the operator of each vehicle; and (c) thelicense plate and mgistration number of each vehicle, as itis evidentiary in nature and beyond the scope of a Verified Billof Particulars. 13. Plaintiff objects to thedemand for a statement of whether the seat belt,ifany, was being used by plaintiff at the time of the accident, whether the same was securely fastened and if so, if any claim will be made that the seat belt or its mechanism was in any way defecüve, as itis evidentiary in nature and beyond the scope of a Verified Bill of Particulars. 14. Plaintiff objects to the demed for a statement of the position of the plaintiffin the vehicle the plaintiff was occupying, specifying whether front or rear of said vehicle and whether on left,middle, or right, as it is evidentiary in nature and beyond the scope of a Verified Bill of Particulars. 15. Plaintiff objects to the demand for a description of the the vehicle, giving manufactarer's name, model, year and type of body, as it is in nature and beyond the evidentiary scope of a Verified Bill of Particulars. 16. Plaintiff objects to the demand for a description of each part of the vehicle damaged 4 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 and the reasonable cost of or each part,as itis evidentiary in nature or destroyed repairing replacing the scope of a Verified Bill of Particulam and beyond 17. Plaintiff objects to the demand for statement regarding the length of time to repair the as itis in nature and beyond the scope of a reaaunably necessary vehicle, evidentiary Verified Bill of Particulars. 18. Plaintiff objects to the demand for the reas0ñable value of the vehicle before the occurrence, as itis evidentiary in nature and beyond the scope of a Verified Bill of Particulars. 19. Plaintiff objects to the demand for the reasonable value of the vehicle after the accuricace, as itis evidentisfy in nature and beyond the scope of a Verified Bill of Particulars. 20. Plaintiff objects to the deiñand for the purpose for which the vehicle was used, as it is evidentiary in nature and beyond the scope of a Verified Bill of Particulars. 21. Plaintiff objects to the dem=d for the amount claimed forloss of use, as itis evidentiary in nature and beyond the scope of a Verified Bill of Partienlars. 22. Plaintiff Objects to the demand for a statamant of each plaintiff'svehicle (whether owned or operated by plaintiff or in which plaintiff was a the name and passenger) regarding (a) address of (1) owner of plaintiff's vehicle; (2) operator of plaintifif'svehicle, the license plate (b) and registration number of plaintifis motor vehicle; and (c) the year, make and model of the plaintiff's vehicle, as it is evidentiary in nature and beycad the scope of a Verified Bill of Particulars. 23. Plaintiff objects to the demand for a watement each defcñdant's vehicle regarding 5 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 the name and address of the owner of each vehicle; (b) the name and address of the conceming (a) operator of each and the license plate and regist tiõñ number of each vehicle, as it is vehicle; (c) in nature and beyond the Scope of a Verified Bill of Particulars. evidentiary injury" 24. The plaintiff sustained a "serious under § 5102(d) of the Insurance Law in that she suffered a personal injury residfing in a permament loss of use of a body organ, member, function or system; per=anent consequential liml+ation of use of a body organ or member; a significant limitation of use of a body organ, member, fáñction or system; and a determined or impairment of a non- permanent nature which prevents him from medicely injury performing substantially all of the material acts which constitute his usual and custommy daily activities for not less than ninety days during the one hüñdred eighty days immadiately following the occurrence of the injury or impairment 25. a. The following injuries were caused, aggravated, accelerated; precipitated, exacerbated and/or enhanced as a result of the darandan¥ negligence: CERVICAL SPINE - Disc herniation at C5-C6; Disc herniation at C7-T1; Disc hemiation at T1-T2; - Disc at herniation T3-T4; As a result of the accident, the plaintiff was required to undergo the following operative procedure at Pain Physicians NY performed by Leonid Reyfman, M.D. on March 5, 2021: 6 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 Operation: 1. Anterior Cervical Percutaneous Discectomy at level C5-C6 2. Annuloplasty at level C5-C6 Specimen(s) Collected: Intervertebral Disc Fragments at level C5-C6 - Cervical Radiculopathy; - Post-surgical advanced disc degeneration; - Adjacent segment premature degeneration; - Post-surgical scarring; - Post-traumatic arthritis; - Marked restriction of range of motion; - Severe pain and swelling tenderness; - Need for future injection; - Need for future surgery; As a resultof the foregoing the plaintiff suffers from severe pain, swelling and tendemess of the cervical spine resulting in loss of strength, loss of ftmetion, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and liga2nents with resulting pain, deformity and disability and predispose plaintiff to adjacent segment degeneration. LUMBAR SPINE - Disc herniation at level L4-L5; As a result of the accident, the plaintiff was required to undergo the following procedure at Island Amba';tory Surgery Center, LLC performed by Leonid Reyfman, M.D. on August 10, 2020: Procedure: 1. Interlaminar Epidural Steroid Injection 2. Diagnostic Intraoperative Epidurogram 3. Trigger Point Injections 7 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 result of the the plaintiff was required to undergo the fellowing As a accident, procedure at Island Center, LLC performed by Leonid operative Ambulatory Surgery Reyfman, M.D. on August 25, 2021: Operation: Mechanical Decrompression/Discectomy at L4-L5 Ablation/Nucleoplasty at L4-L5 Radiofrequency Annuloplasty at L4-L5 Contrast Injection and Evaluation of Nucleograms at L4-L5 Specimen(s) Collected: Intervertebral disc fragments at L4-L5 - Post-surgical scarring; - Post surgical advanced disc degeneration; - Adjacent segment degeneration; - Lumbar radiculopathy; - Sprain/Strain; - Post-traumatic arthritis; - Severe pain, and tenderness; swelling - Marked restriction of range of motion; - Need for future injection(s); - Need for future surgery; As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of the lumbar spine resulhg in loss of strength, loss of function, loss of motion, restriction of movement, all with involvemeM of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with rasalhg pain, deformity and disability and predispose plaintiff to adjacent segment degeneration. RIGHT KNEE - Lateral Meniscus; - Sprain/Strain; - Internal derangement; 8 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 - Marked restriction of range of motion; - Post-traumatic arthritis; - Severe pain, swelling, tenderness; - Need for future injection; - Need for future surgery; As a result of the foregoing the plaintiff suffers from severe pain, swelling and teMemess of the right knee ressing in lossof strength, loss of function, loss of motion, restriction of movemcat, all with involvement of the surrounding soft tissue,nerve cadings, blood vessels, muscles, tendons and ligarnents with resulting pain, defonnity and disability and predispose plaintiff to adjacent segment degeneration. ]‡FT KNEE - Lateral Meniscus; - Tear anterior cruciate ligament - Sprain/Strain; - Internal derangement; - Marked restriction of range of motion; - Post-traumatic arthritis; - Severe pain, swelling, tenderness; - Need for future injection; - Need for future surgery; As a result of the foregoing the plaintiff suffers from severe pain, and tenderness of swelling the leftknee resulting in loss of loss of loss of restriction of strength, function, motion, movement, allwith involvement of the soft nerve blood surrounding tissue, endings, vessels, muscles, tendous and ligamcats with pain, and and predispose resulting deformity disability plaintiff to adjacêñt segment degeneration. 9 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 The injuries directly affected the bones, tendons, tissues, muscles, ligaments, foregoing softtissue in and about the involved areas and sympathetic and radiating nerves, blood vessels and pain from allof which the plaintiffsuffered, stillsuffers,and may permanently suffer; accident and injuries herein the plaintiff suffered a severe shock As a result of the su±ined, to his nervous Severe anxiety, concern about possible further complications, depression, system; feelings of helplessness, frustration, feelings of hopelessness, hum½±ion, self-consciousness, feelings of victimization and vulnerability, Seshbacks, fear, anger, desperation, distraction, decreased sadness, melancholy, feelings of invalidism, social conceñtration, exasperation, inhibition and psychic trauma. The injuries impaired the general health of the plaintiff;the plaintiff believes that foregoing allof the injuries hereinabove with the exceptiüñ of bruises and contusions are permanent sustained, and progressive in the plaintiff permanently suffer from the aforesaid injuries and from nature; may its effects upon his nervous system and may limit his activities in his employment and his life. Plaintiff be restricted in his normal lifeand setivitiesand may permanently require medical and may neurological care and attention. Upon information and belief, these injuries aggravated, activated, exacerbated and/or precipitated any underlying hypertrophic, degonorative, arthritic, circulatory, arterial, venous, and/or systemic condition or mnditianc which was or were asymptamatic prior to the accideñt complained of. (c) Plaintiff was confined by reason of the occurrence to bed and home from the date of the accident and upon information and belief, continues to be confined on an intermittent basis. (d) Plaintiff is currently unaware of the total billing amounts. However, plaintiff is 10 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 the defendents with authorizatioñs to all medical providers under separate cover. The providing are approximations of those billscurrently known to plaintiff: following i. Physician's services: approximately $65,000 and continuing; ii. Hospital expenses: approximately $5,000 iii. X-rays: included in (i)and (ii); Nurses' iv. services: included in (i)and (ii). v. Chiropractors: included in (i)and (ii). vi. Physiotherapy: included in (i)and (ii). vii. Drugs and medication: included in (i)and (ii). viii. Medical supplies: included in (i)and (ii). ix. Other medical treatment. included in (i)and (ii). 26. Plaintiff objects to the demand for copies of receipts, invoices, cancelled checks, or any other record reflecting plaintiff's alleged special damages, as it isevihdiery in nature and beyond the scope of a Verified Bill of Particulars, 27. Plaintiff objects to the demamd for the name of each and every hospital, clinic, or iustitution where any treatment or examination was rendered to the plaintiff and length of time, if any, confined there, as it isevidentiary in nature and beyond the scope of a Verified Bill of Particulars. However, without waiving said objection, please see plaintiff's Response to Combined Demands served under separate cover. 28. Plaintiff objects to the demand for the names and addresses of any treating physicies and the rsmber and dates of visits to said physicians as in nature and evidentiary beyond the scope of a Verified Bill of Particulars. However, without said waiving objection, 11 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 please see plaintiff's Response to Combined Demede served under separate cover. 29. a. Women's League Residential Services. The address is 654 east 7* Street, Brooldyn, N.Y 11218. b. Plaintiff objects to the demand for a statement regauling the nature of plaintiff s employment as it isevidentiary in nature and beyond the scope of a Verified Bill of Particulars. c. Plaintiff objects to the demand for a statement regarding the nature and/or type of work customarily performed by plaintiff, as it is evidentiary in nature and beyond the scope of a Verified Bill of Particulars. d. Not applicable as to self-employed. e. Plaintiff has been incãps¤inted from employmeñt since the date of the incident and continues to be iñcapacitated from employment on an intermittent basis. f. Plaintiff claims approximately $10,800 in lost earnings and continuing. g. Not applicable as tostudent. 30. Plaintiff objects to the demand for an itemization of allother special damages allegedly incurred by plaintiff as a result of this occurrence, as it is evidentiary in nature and beyond the scope of a Verified Bill of Particulars. However, withcut said objection see waiving msponse 25(d) above. 31. Plaintiff objects to the demand for copies of any receipts, credit card statements, paid bills, outstanding bills, iñvoices or other material which document any indebtedness or 12 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 payment for out of pocket expenses paid the plaintiff, as it is evidentiary in nature and any by beyond the scope of a Verified Bill of Particúlars. 32. The defendants violated Sections 388, 1101, 1128, 1129, 1140, 1142, 1143, 1146, 1212, 1225(c), 1225(d), 1226, of the Vehicle and Traffic Laws of the State of New 1172, 1180, York, and Sections 4-02(c), 4-02(d), 4-06, 4-07, and 4-12 of the Traffic Regulations of the City §§ of New York, along with all other applicable Statutes, Oranan~s, Rules and Regulations. The court will take judicial notice of all statutes, rules, regulations and ordinances at the time of trial. Plaintiff reserves the right to supplement this response pending further discovery and investigation. 33. Due to concerns of identity theft,plaintiff's counsel no longer publishes client's date of birth in Bills of Particulars since they are likely to be filed in the public record along with other personal identifying information. Notwithstanding such objection, plaintiff was born in 2001 and his birth date is on authorizations being provided with PlaintifFs Response to Defendant's Combined Demand for Discovery and Inspection. Plaintiff objects to the demand for his Social Security number as as an privileged, interrogatory, as not designed to amplify the pleadings, and also to the disclosure of such infamation in a filing likely to be publicly filed, due to the danger of theft. It is also identify impermissible pursuant to New York State General Business Law § 899-aa, 5 U.S.C.§ 552 [b][6] and the Federal Privacy Act of 1974 (Public and General Business Law 399- Law-93-579) § 7, dd. Notwithstanding such objection, Plaintiffs Social m'mhar is on the Security authorizations provided with Defen nt ' being Plaintiffs Response to Combined Demand for and Discovery 13 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 hpwlen. Plaintiff objects to the remainder of this demed for his post office address as evidentiary in nature and beyond the scope of a Verified Bill of Particulars. 34. Not applicable as to wrongful death. 35. Plaintiff objects to the demand for a valid photographic LD. as it isevidentiary in nature and beyond the scope of a Verified Bill of Particulars. 36. Plaintiff objects to the demand for any and alldocuments, statements, and invoices that identify any entity, party or individual that claims to hold a lien (if any) on any award of damages that may result from the instant litigation, as it is evidentiary in nature and beyond the scope of a Verified Bill of Particulars. 37-46. Not applicable as to false arrest/malicious prosecution. PLEASE TAKE FURTHER NOTICE that the Plaintiff reserves the right to serve an amended and/or supplemental Bill of Particulars in connection with all claims including those of continuing special damages and disabilities Dated: November 30, 2021 Forest Hills, New York Yours, etc. THE LAW OFFICE OF ELI BABAEV By: Eli abaev, Esq. Attorneys for Plaintiffs 118-35 Queens Blyd., Suite 1240 Forest Hills, New York 11375 (718) 205-4477 14 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 To: Patrice C.S. Melville, Esq. CASCONE & KLUEPFEL, LLP 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No.: 05571bDVM 15 FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 01/25/2022 O O VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF blue WS ) Ê0¾whild Nsya»v deposes and says thatdeponent , being duty sworn, isthe above named clainiant: deponent has 1ead the BILL OF PARTICULARS and know foregaing the contents thereof and thesame istrue to the best of except as to those matters my knowledge, herein stated to be alleged upon information and belief and thatas to thosematters, I believe them to be true. X S orn to before me t 's day of , 2021 NOTARY PUBLIC ELIBABAEY NOTARYPUBUC.STATEOF NEWTORK No a2=M! 55991 Registration Qualifiedin Queens coaty - Ex kesMay14,20 Commission FILED: QUEENS COUNTY CLERK 01/25/2022 01:02 PM INDEX NO. 715091/2021 NYSCEF DOC. NO. 36