Preview
FILED: KINGS COUNTY CLERK 05/29/2020
08/30/2022 06:07
05:05 PM INDEX NO. 527680/2019
NYSCEF DOC. NO. 7
154 RECEIVED NYSCEF: 05/29/2020
08/30/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------------------------------------------x
JOSE GOMEZ,
Plaintiff, VERIFIED BILL OF
PARTICULARS
-against-
Index No.: 527680/2019
91-93 FRANKLIN LLC,
Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
------------------------------------------------------------------------x
Plaintiff JOSE GOMEZ, by his attorneys, MORGAN LEVINE DOLAN, P.C.,
responding to the demands of defendant ALPINE READY MIX INC., as and for a Verified Bill
of Particulars, alleges upon information and belief as follows:
1. Plaintiff was born in 1965. The last four digits of plaintiff’s social security number
are 6288.
2. Plaintiff resides at 844 Crescent Street, Brooklyn, New York.
3. The incident took place on September 18, 2019, between approximately 2:00 and
4:00 p.m.
4. The incident took place at 91 Franklin Avenue, Brooklyn, New York.
5. Plaintiff objects to defendant’s demand No. 5 as being beyond the scope of
disclosure mandated by Rule 3043 of the Civil Practice Law and Rules.
6. The defendants, their agents, servants and/or employees were negligent, careless and
reckless in their ownership, operation, maintenance, management, supervision and control of the
premises, and in their management, supervision and control of the work, in failing to exercise the
degree of skill, care and safety generally exercised by owners and contractors in and about the City
of New York; in failing to provide plaintiff with a safe place to work; in failing to ensure that all
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areas in which construction, excavation or demolition work was being performed were so
constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable
and adequate protection and safety to the plaintiff; in failing to protect the plaintiff from the defects
and hazards of the tools, equipment and work areas provided; in failing to ensure the plaintiff was
provided with approved eye protection equipment suitable for the hazard involved in the work he
was performing; in failing to ensure the plaintiff was provided with suitable overhead protection;
in failing to conduct continuing inspections of the work area as the work progressed to detect the
hazards then and there existing; in violating Sections 200, 240 and 241(6) of the Labor Law of
the State of New York and Rule 23 of the Industrial Code of the State of New York, including but
not limited to Sections 23-1.7(a) and 23-1.8(a); in causing and creating the dangerous and
hazardous conditions to exist, and in allowing the dangerous and hazardous conditions to remain
at the site for an unreasonable length of time.
7-8. Plaintiff sustained the following serious personal injuries as a result of the incident:
- ALKALINE BURNS TO THE LEFT EYE;
- CHEMICAL KERATITIS OF THE LEFT EYE;
- CONJUNCTIVITIS OF THE LEFT EYE;
- CORROSION OF THE CORNEA OF THE LEFT EYE;
- CORROSION OF THE CONJUNCTIVAL SAC OF THE LEFT EYE;
- SEVERE PAIN AND BURNING OF THE LEFT EYE;
- SEVERE PHOTOPHOBIA OF THE LEFT EYE, and
- SEVERELY REDUCED VISION OF THE LEFT EYE.
All of the aforementioned injuries are permanent, or will have permanent consequences
and effects. These injuries are also associated with further soft tissue injuries to the areas
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154 RECEIVED NYSCEF: 05/29/2020
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traumatically affected, including: tearing, derangement and damage to the associated muscle
groups, ligaments, tendons and cartilage, all concomitant to the specific injuries and related to the
specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain,
ecchymosis, deformity, disability, stiffness, tenderness, weakness, atrophy and limitation of
motion of the abovementioned parts. Plaintiff is also claiming traumatic aggravation, exacerbation
and/or precipitation of any pre-existing conditions to these areas of his body.
9. Plaintiff has been intermittently confined to his bed and home since the incident.
10. Plaintiff has been permanently and totally incapacitated from employment since the
incident.
11. Authorizations to obtain plaintiff’s medical records, films, billing records,
employment records and workers’ compensation records are annexed to plaintiff’s Response to
Combined Demands. Plaintiff reserves the right to supplement this response with an economic
expert disclosure prior to trial.
12. Plaintiff was employed with Capital Concrete (a.k.a. SWP Services Corp), 320
Dewitt Avenue, Brooklyn, New York, earning approximately $28.50 per hour, plus overtime pay,
at the time of the incident. Authorizations to obtain plaintiff’s employment records and workers’
compensation records are annexed to plaintiff’s Response to Combined Demands. Plaintiff
reserves the right to supplement this response with an economic expert disclosure prior to trial.
13. Not applicable. Plaintiff was not self-employed at the time of the incident.
14. Not applicable. Plaintiff is not asserting a claim for property damage.
15. Not applicable. Plaintiff is not asserting a claim for property damage to an
automobile.
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16-17. Notice is not a necessary element to plaintiff’s cause(s) of action, in that the
defendants are strictly liable, and in that the defendants caused and created the defective
conditions. Nonetheless, without conceding that notice is required, actual notice is claimed in that
the conditions were open and apparent and in the exercise of reasonable care should have been
identified by the defendants, their agents, servants and/or employees. Likewise, constructive
notice is claimed in that the conditions existed for such a long period of time that the defendants
in the exercise of reasonable care, knew or should have known of their existence and corrected
same prior to the occurrence.
18-20. Not applicable. None of plaintiff’s special damages have been paid under coverage
afforded by the Comprehensive Automobile Insurance Reparation Act. Authorizations to obtain
plaintiff’s workers’ compensation records are annexed to plaintiff’s Response to Combined
Demands.
21. Plaintiff sustained a serious injury in that he incurred a significant disfigurement;
permanent loss of use of a body organ, member, function or system; permanent consequential
limitation of use of a body organ or member; significant limitation of use of a body function or
system; or a medically determined injury or impairment of a non-permanent nature which
prevented him from performing substantially all of the material acts which constituted his usual
and customary daily activities for not less than ninety days during the one hundred eighty days
immediately following the incident. Plaintiff sustained an economic loss greater than “basic
economic loss” in that he has or will incur over $50,000 in special damages.
22. Plaintiff objects to defendant’s demands No. 22 as being repetitive and redundant.
Plaintiff directs defendants to refer to the response for paragraphs No. 7 and 8.
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23. Plaintiff objects to defendant’s demands No. 23 as being beyond the scope of
disclosure mandated by Rule 3043 of the Civil Practice Law and Rules.
Plaintiff objects to defendant’s remaining demands, if any, as being beyond the scope of
disclosure mandated by Rule 3043 of the Civil Practice Law and Rules.
Plaintiff reserves the right to supplement the above responses through and including the
time of trial.
DATED: New York, New York
May 29, 2020
MORGAN LEVINE DOLAN, P.C.
___________________________
By: GLENN P. DOLAN
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
TO: RYAN & CONLON, LLP
Attorneys for Defendants
91-93 FRANKLIN LLC AND
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, NY 10005
(212) 509-6009
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant
ALPINE READY MIX INC.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
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VERIFICATION
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
GLENN P. DOLAN, an attorney duly admitted to practice law in the State of New York,
affirms the following under the penalties of perjury:
I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the
plaintiff.
I have read the foregoing BILL OF PARTICULARS and know the contents thereof. I
believe the matters therein alleged to be true.
The source of my information and the grounds of my belief are the communications,
papers, reports and investigations contained in the firm’s office.
The reason this Verification is made by me and not by the plaintiff is that the plaintiff
resides in a county other than the one in which I maintain my office.
DATED: New York, New York
May 26, 2020
___________________________________
GLENN P. DOLAN
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AFFIRMATION OF SERVICE
STATE OF NEW YORK )
COUNTY OF NEW YORK ) ss.:
KRISTINA MEZA-SCHMIED, being duly sworn, deposes and says:
I am not a party to this action, am over 18 years of age and reside at Queens County,
New York.
On the 29th day of May, 2020, I served a true copy of the annexed:
VERIFIED BILL OF PARTICULARS
via the NYS Courts Electronic Filing (NYSCEF) and electronic mail addressed to the address of
the addressee(s) indicated below, which has been designated for service by the addressee(s) or, if
no such address has been designated, is the last-known address of the addressee(s):
RYAN & CONLON, LLP
2 Wall Street, Suite 710
New York, NY 10005
(212) 509-6009
ccarfora@ryanconlon.com
rcampos@ryanconlon.com
BRAND, GLICK & BRAND, P.C.
600 Old Country Road, Suite 440
Garden City, NY 11530
(516) 746-3500
rmazzuchin@bgbfirm.com
________________________________
KRISTINA MEZA-SCHMIED
Sworn to before me this
29th day of May, 2020
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154 RECEIVED NYSCEF: 05/29/2020
08/30/2022
INDEX NO.: 527680/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JOSE GOMEZ,
Plaintiff,
-against-
91-93 FRANKLIN LLC,
Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
VERIFIED BILL OF PARTICULARS
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
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Preview
FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------------------------------------------x JOSE GOMEZ, Plaintiff, VERIFIED BILL OF PARTICULARS -against- Index No.: 527680/2019 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. ------------------------------------------------------------------------x Plaintiff JOSE GOMEZ, by his attorneys, MORGAN LEVINE DOLAN, P.C., responding to the demands of defendant ALPINE READY MIX INC., as and for a Verified Bill of Particulars, alleges upon information and belief as follows: 1. Plaintiff was born in 1965. The last four digits of plaintiff’s social security number are 6288. 2. Plaintiff resides at 844 Crescent Street, Brooklyn, New York. 3. The incident took place on September 18, 2019, between approximately 2:00 and 4:00 p.m. 4. The incident took place at 91 Franklin Avenue, Brooklyn, New York. 5. Plaintiff objects to defendant’s demand No. 5 as being beyond the scope of disclosure mandated by Rule 3043 of the Civil Practice Law and Rules. 6. The defendants, their agents, servants and/or employees were negligent, careless and reckless in their ownership, operation, maintenance, management, supervision and control of the premises, and in their management, supervision and control of the work, in failing to exercise the degree of skill, care and safety generally exercised by owners and contractors in and about the City of New York; in failing to provide plaintiff with a safe place to work; in failing to ensure that all 1 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 areas in which construction, excavation or demolition work was being performed were so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the plaintiff; in failing to protect the plaintiff from the defects and hazards of the tools, equipment and work areas provided; in failing to ensure the plaintiff was provided with approved eye protection equipment suitable for the hazard involved in the work he was performing; in failing to ensure the plaintiff was provided with suitable overhead protection; in failing to conduct continuing inspections of the work area as the work progressed to detect the hazards then and there existing; in violating Sections 200, 240 and 241(6) of the Labor Law of the State of New York and Rule 23 of the Industrial Code of the State of New York, including but not limited to Sections 23-1.7(a) and 23-1.8(a); in causing and creating the dangerous and hazardous conditions to exist, and in allowing the dangerous and hazardous conditions to remain at the site for an unreasonable length of time. 7-8. Plaintiff sustained the following serious personal injuries as a result of the incident: - ALKALINE BURNS TO THE LEFT EYE; - CHEMICAL KERATITIS OF THE LEFT EYE; - CONJUNCTIVITIS OF THE LEFT EYE; - CORROSION OF THE CORNEA OF THE LEFT EYE; - CORROSION OF THE CONJUNCTIVAL SAC OF THE LEFT EYE; - SEVERE PAIN AND BURNING OF THE LEFT EYE; - SEVERE PHOTOPHOBIA OF THE LEFT EYE, and - SEVERELY REDUCED VISION OF THE LEFT EYE. All of the aforementioned injuries are permanent, or will have permanent consequences and effects. These injuries are also associated with further soft tissue injuries to the areas 2 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 traumatically affected, including: tearing, derangement and damage to the associated muscle groups, ligaments, tendons and cartilage, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity, disability, stiffness, tenderness, weakness, atrophy and limitation of motion of the abovementioned parts. Plaintiff is also claiming traumatic aggravation, exacerbation and/or precipitation of any pre-existing conditions to these areas of his body. 9. Plaintiff has been intermittently confined to his bed and home since the incident. 10. Plaintiff has been permanently and totally incapacitated from employment since the incident. 11. Authorizations to obtain plaintiff’s medical records, films, billing records, employment records and workers’ compensation records are annexed to plaintiff’s Response to Combined Demands. Plaintiff reserves the right to supplement this response with an economic expert disclosure prior to trial. 12. Plaintiff was employed with Capital Concrete (a.k.a. SWP Services Corp), 320 Dewitt Avenue, Brooklyn, New York, earning approximately $28.50 per hour, plus overtime pay, at the time of the incident. Authorizations to obtain plaintiff’s employment records and workers’ compensation records are annexed to plaintiff’s Response to Combined Demands. Plaintiff reserves the right to supplement this response with an economic expert disclosure prior to trial. 13. Not applicable. Plaintiff was not self-employed at the time of the incident. 14. Not applicable. Plaintiff is not asserting a claim for property damage. 15. Not applicable. Plaintiff is not asserting a claim for property damage to an automobile. 3 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 16-17. Notice is not a necessary element to plaintiff’s cause(s) of action, in that the defendants are strictly liable, and in that the defendants caused and created the defective conditions. Nonetheless, without conceding that notice is required, actual notice is claimed in that the conditions were open and apparent and in the exercise of reasonable care should have been identified by the defendants, their agents, servants and/or employees. Likewise, constructive notice is claimed in that the conditions existed for such a long period of time that the defendants in the exercise of reasonable care, knew or should have known of their existence and corrected same prior to the occurrence. 18-20. Not applicable. None of plaintiff’s special damages have been paid under coverage afforded by the Comprehensive Automobile Insurance Reparation Act. Authorizations to obtain plaintiff’s workers’ compensation records are annexed to plaintiff’s Response to Combined Demands. 21. Plaintiff sustained a serious injury in that he incurred a significant disfigurement; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevented him from performing substantially all of the material acts which constituted his usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the incident. Plaintiff sustained an economic loss greater than “basic economic loss” in that he has or will incur over $50,000 in special damages. 22. Plaintiff objects to defendant’s demands No. 22 as being repetitive and redundant. Plaintiff directs defendants to refer to the response for paragraphs No. 7 and 8. 4 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 23. Plaintiff objects to defendant’s demands No. 23 as being beyond the scope of disclosure mandated by Rule 3043 of the Civil Practice Law and Rules. Plaintiff objects to defendant’s remaining demands, if any, as being beyond the scope of disclosure mandated by Rule 3043 of the Civil Practice Law and Rules. Plaintiff reserves the right to supplement the above responses through and including the time of trial. DATED: New York, New York May 29, 2020 MORGAN LEVINE DOLAN, P.C. ___________________________ By: GLENN P. DOLAN Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 TO: RYAN & CONLON, LLP Attorneys for Defendants 91-93 FRANKLIN LLC AND Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, NY 10005 (212) 509-6009 BRAND, GLICK & BRAND, P.C. Attorneys for Defendant ALPINE READY MIX INC. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 5 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 VERIFICATION STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: GLENN P. DOLAN, an attorney duly admitted to practice law in the State of New York, affirms the following under the penalties of perjury: I am a member of the firm of MORGAN LEVINE DOLAN, P.C., attorneys for the plaintiff. I have read the foregoing BILL OF PARTICULARS and know the contents thereof. I believe the matters therein alleged to be true. The source of my information and the grounds of my belief are the communications, papers, reports and investigations contained in the firm’s office. The reason this Verification is made by me and not by the plaintiff is that the plaintiff resides in a county other than the one in which I maintain my office. DATED: New York, New York May 26, 2020 ___________________________________ GLENN P. DOLAN 6 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 AFFIRMATION OF SERVICE STATE OF NEW YORK ) COUNTY OF NEW YORK ) ss.: KRISTINA MEZA-SCHMIED, being duly sworn, deposes and says: I am not a party to this action, am over 18 years of age and reside at Queens County, New York. On the 29th day of May, 2020, I served a true copy of the annexed: VERIFIED BILL OF PARTICULARS via the NYS Courts Electronic Filing (NYSCEF) and electronic mail addressed to the address of the addressee(s) indicated below, which has been designated for service by the addressee(s) or, if no such address has been designated, is the last-known address of the addressee(s): RYAN & CONLON, LLP 2 Wall Street, Suite 710 New York, NY 10005 (212) 509-6009 ccarfora@ryanconlon.com rcampos@ryanconlon.com BRAND, GLICK & BRAND, P.C. 600 Old Country Road, Suite 440 Garden City, NY 11530 (516) 746-3500 rmazzuchin@bgbfirm.com ________________________________ KRISTINA MEZA-SCHMIED Sworn to before me this 29th day of May, 2020 7 of 8 FILED: KINGS COUNTY CLERK 05/29/2020 08/30/2022 06:07 05:05 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 7 154 RECEIVED NYSCEF: 05/29/2020 08/30/2022 INDEX NO.: 527680/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK JOSE GOMEZ, Plaintiff, -against- 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. VERIFIED BILL OF PARTICULARS MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 8 of 8