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"3"
EXHIBIT
FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021
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INDEX NO. 508521/2021
F LED,: KINGS COUNTY CLERK :
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021
BU-20-01-13-07-001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VIVETT ALLEN,
Plaintiff(s), Index No.: 508521/2021
-against- VERIFIED ANSWER
RENA HINES, STEVNE GILBERT,
METROPOLITAN TRANSPORTATION
AUTHORITY and NEW YORK CITY TRANSIT
AUTHORITY d/b/a MTA NEW YORK CITY
TRANSIT (NYCTA),
Defendant(s).
Defendant(s), METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK
CITY TRANSIT AUTHORITY (sued herein as "NEW YORK CITY TRANSIT AUTHORITY
d/b/a MTA NEW YORK CITY TRANSIT (NYCTA)"), RENA HINES and STEVEN
GILBELT (sued herein as "STEVNE GILBERT") answer Plaintiff's(s') Complaint as follows:
COMMON ALLEGATIONS
1. Deny that they have the knowledge or information sufficient to form a belief as
to the allegation(s) contained in paragraph(s) 1, 11 and 66 of the Complaint.
2. Deny, upon information and belief, the allegation contained in paragraph(s) 2,
3, 18, 19, 20, 26, 27, 46, 49, 50, 51, 52, 53, 54, 55, 58, 59, 60, 61, 62, 63, 64 and 65 of the
Verified Complaint except admit(s) that at all times mentioned in the Complaint,
defendant NEW YORK CITY TRANSIT AUTHORITY owned and maintained buses
designated Buses Numbered 7663 and 7553, bearing New York State license plate numbers
BA4777 and BA8788, and that defendants STEVEN GILBERT and RENA HINES were
emplayed by defendant NEW YORK CITY TRANSIT AUTHORITY, and that defendants
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STEVEN GILBERT and RENA HINES operated and controlled said buses in the regular
scope of their employment with, and with the permission and consent of, defendant NEW
YORK CITY TRANSIT AUTHORITY, at or near Rockaway Parkway and Gianwcad Road.
3. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 3,
4, 5, 6, 7, 8, 9 and 10 ofthe Complaint except admits that at all times mentioned in the
Complaint defendants NEW YORK CITY TRANSIT AUTHORITY and METROPOLITAN
TRANSPORTATION AUTHORITY were and still are public benefit corporations duly
organized and existing under and by virtue of the laws of the State of New York.
4. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 47, 48, 56, 57, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80 and 81 of the
Complaint.
AS AND FOR A FIRST CAUSE OF ACTION
5. Answering paragraph 82 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
6, Deny, upon information and belief, the allegation(s) contained in paragraph(s)
83, 84, 85 and 86 ofthe Complaint.
AS AND FOR A SECOND CAUSE OF ACTION
7. Answering paragraph 87 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
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8. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
88, 89, 90 and 91 ofthe Complaint.
AS AND FOR A THIRD CAUSE OF ACTION
9. Answering paragraph 92 of the complaint, dêfêñdant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
10. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
93, 94, 95 and 96 ofthe Complaint.
AS AND FOR A FOURTH CAUSE OF ACTION
11. Answering paragraph 97 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
12. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
98, 99 and 100 of the Complaint and refer all questions of law to this Honorable Court.
13. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
101 and 102 of the Complaint.
AS AND FOR A FIFTH CAUSEOF ACTION
14. Answering paragraph 103 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
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15. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
104 and 105 of the Complaint.
AS AND FOR A SIXTH CAUSE OF ACTION
16. Answering paragraph 106 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
17. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
107, 108, 109 and 110 of the Complaint.
AS AND FDRASEVENTR CAUSE OF ACTION
18. Answering paragraph 111 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
19. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
112, 113 and 114 of the Complaint and refer all questions of law to this Honorable Court.
20. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
115 and 116 of the Complaint.
AS AND FOR AN EIGHTH CAUSE OF ACTION
21. Answering paragraph 117 of the complaint, defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore
made herein with the same force and effect as though fully set forth herein.
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22. Deny, upon information and belief, the allegation(s) contained in paragraph(s)
118 and 119 of the Complaint.
FIRST AFFIRMATIVE DEFENSE:
CULPABLE CONDUCT
23. Upon information and belief,whatever injuries and/or damages Plaintiff(s) may
have sustained at the time and place mentioned in the Complaint, were caused, in whole or
in part, by Plaintiff's(s') culpable conduct. The ameünt of damages recovered, if any, shall
be diminished in the proportion that said culpable conduct attributable to Plaintiff(s)
caused said injuries and/or damages.
SECOND AFFIRMATIVE DEFENSE:
COLLATERAL SOURCE
24. Upon information and belief, any award for recovery of the cost of medical
care, dental care, custodial care or rehabilitation services, loss of earnings, or other
c-===ic loss claimed by Plaintiff's(s')shall be reduced to the extent that any such cost was
or will with reasor able certainty be replaced or indemnifïad from any collateral source
pursuant to CPLR §4545.
THIRD AFFIRMATIVE DEFENSE:
FAILURE TO MITIGATE DAMAGES
25. Defendants state that plaintiffs failed to take any or sufficient action, or such
action as was ñecessary, to mitigate or minimi,e the injuries and damages alleged or the
conditions that allegedly gave rise to those purported injuries or damages.
FOURTH AFFIRMATIVE DEFENSE:
FAILURE TO STATE A CAUSE OF ACTION
26. Defêñdants state that plaintiffs have failed to state a cause of action.
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FIFTH AFFIRMATIVE DEFENSE:
FAILURE TO APPEAR FOR HEARING
13. Defendants state that plaintiffs failed to state of cause of action as plaintiffs
failed to appear for statutory hearings, pursuant to the Public Authorities Law.
WHEREFORE, Defendant(s), METROPOLITAN TRANSPORTATION
AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN
GILBELT demand(s) judgment dismissing Plaintiff's(s') Complaint of the plaintiff(s) with
costs, but if plaintiff(s) herein recover(s) against the defendant(s) METROPOLITAN
TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA
HINES and STEVEN GILBELT, then METROPOLITAN TRANSPORTATION
AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN
GILBELT demand(s) that such recoverybe diminished in the proportion which the culpable
conduct attributable to plaintiff(s) bear(s) to the culpable conduct caused which caused the
damages herein; the defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY,
NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT further
demand(e) that the judgment entered, based on such diminished recover, be entered so that
the liability of each defendant(s) be apportioned and said judgment entered in accordance
with each defendant('s/s') degree of culpability.
Dated: Brooklyn, New York
June 8, 2021
ANNA J. ERVOLINA, ESQ.
Acting Executive Assistant General Counsel
By: Michael Zentz, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY,
RENA HINES and STEVEN GILBERT
130 Livingston Street - 11th Floor
Brooklyn, New York 11201
(718) 694-3251
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BU-20-01-13-07-001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VIVETT ALLEN,
Plaintiff(s), Index No.: 508521/2021
-againet- DEMAND FOR A VERIFIED
BILL OF PARTICULARS
RENA HINES, STEVNE GILBERT,
METROPOLITAN TRANSPORTATION
AUTHORITY and NEW YORK CITY TRANSIT
AUTHORITY d/b/a MTA NEW YORK CITY
TRANSIT (NYCTA),
Defendant(s).
Pursuant to CPLR §3041, Plaintiff(s) shall, within thirty days following service of
this demand, serve upon the undersigned, a Verified Bill of Particulars stating the
following:
1. Plaintiffs address.
2. Plaintiffs date of birth.
3. Plaintiffs social security number.
4. Date and time of the alleged occurrence.
5. The exact location of the alleged occurrence, giving distance from and between
certain fixed points, such as street corners, curbs, crosswalks, buildings, location on
station platforms in relation to fixed points on the platform, etc.
6. If the alleged occurrence took place on a stairway, state the exact location, the
number of said stairway, and the particular step involved.
7. If a bus or other vehicle was involved, state its direction, number, route, license
plate number, and the name and badge number of the Defendant's emplsyse in
charge of said vehicle. If the name and badge number of said employee is
unavailable, provide a detailed description of the employee including sex, height,
weight, complexion, and other identifying features (e.g., glasses, beard, mustache,
tattoos, etc.). If Plaintiff was a passenger on a bus, state Plaintiffs exact location
within the bus prior to the alleged occurrence.
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8. If a train was involved, state its direction, the car number(s), the subject car's
position within the sequence of cars, and the name and badge number of the
Defendant's employee in charge of said train. If the name and badge number of said
emplayêê is unavailable, provide a detailed description of such employee including
sex, height, weight, complavion, and other identifying features (e.g., glasses, beard,
mustache, tattoos, etc.). If Plaintiff was a passenger on a train, state Plaintiff's exact
location within the train car prior to the alleged occurrence.
9. If a police officer appeared at the scene of the alleged occurrence, or is otherwise
involved in the subject matter of the instant action, state the name, shield number
and precinct or command of the officer(s).
10. State the precise acts or emissions constituting the ñêgligence alleged. If violations
of statutes, ordinances, rules or regulations are claimed, specify same. If a defect,
dangerous condition, or foreign substance is alleged, state its exact nature, location,
and duration of existence.
11. Where notice of a condition is a prerequisite, state whether actual or constructive
notice is claimed. If actual notice is claimed, state when, by, and to whom, same was
given. If constructive notice is claimed, state the length of time it is claimed the
condition existed prior to the occurrence, in the terms of minutes, hours, days,
weeks, or months.
12. State the nature, extent, and location of each and every injury alleged to have been
sustained, and which, ifany, are claimed to be permanent.
13. In an action designated in §5104(a) of the Insurance Law, state in what respect
Plaintiff(s) has sustained a serious injury, as defined in §5102 subdivision 4 of the
Insurance Law, or economic loss greater than basic economic loss, as defined in
§5102 subdivision 1 of the Insurance Law.
14. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint
prior to the negligence alleged in the Complaint, state:
a. The nature of the pre-existing injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said pre-existing injury or condition prior to the negligence
alleged herein, indicating dates of treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for any aggravation of said pre-existing injury or condition
subsequent to the occurrence alleged in the Complaint, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home,
and/or hospital/health care facility;and
f. whether any action in any court was brought as a result of said pre-existing
injury or condition, and specify the court in which the action was brought, the
index number, and the name of the attorney, ifany, who brought said action.
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15. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint,
subsequent to the negligence alleged in the CompWat, caused by or related to the
negligence alleged in the Complaint, state:
a. The nature of the subsequent injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confmed to their bed, home,
and/or hospital/health care facility;and
f. whether any action in any court was brought as a result of said injury or
condition, and specify the court in which the action was brought, the index
number, and the name of the attorney, ifany, who brought said action.
16. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint
or any other damages or injuries, subsequent to the injuries alleged in the
Complaint, caused by any reason other than the negligence alleged in the
Complaint, state
a. The nature of the subsequent injury or condition;
b. the date(s) said injury was sustained or condition was experienced;
c. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
d. the names and addresses of all medical care providers who rendered services
to Plaintiff(s) for said subsequent injury or condition, indicating dates of
treatment;
e. the date(s) and length of time Plaintiff was confined to their bed, home,
and/or hospital/health care facility;and
f. whether any action in any court was brought as a result of said injury or
condition, and specify the court in which the action was brought, the index
number, and the name of the attorney, ifany, who brought said action.
17. List the names and addresses of all hospitals, medical facilities, doctors, clinics,
and/or health care providers of any kind that diagnosed or treated Plaintiff(s),
indicating all dates of diagnosis and treatment arising out of the negligence alleged
in the Complaint.
18. IfPlaintiff alleges any damage(s) regarding his or her status as a student, state the
name and address of the learning institution, grade or class, and all damages arising
out of the negligence alleged, including but not limited to, the length of time absent,
dates of absences, reduction of grades, etc.
19. State Plaintiff's(s')occupation, the full name and address of Plaintiffs(s') employer,
the name of Plaintiffs direct superviscr, the length of time incapacitated from
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employment, and all other employment-related damages arising out of the
negligence alleged in the Complaint, including loss of potential income or other
opportunity.
20. State the total amounts claimed as special damages for:
a. All health care providers, indicating the names and addresses and amounts
for each;
b. medical supplies;
c. loss of earnings, specifying name(s) and address(es) of employers;
d. any portion of lost earnings which was reimbursed by disability insurance,
Workers'
Compensation, Social Security, and/or any other collateral source;
e. anticipated loss of earning capacity specifying what possible occupations,
promotions, or business opportunities Plaintiff claims to have lost;
f. nurse service, housakeeping service, or other services, specifying names,
addresses and amount for each;
g. expense(s) incurred by Plaintiff(s) in obtaining services in lieu of those he/she
would have performed, specifying the name and address of each person(s)
performing such services and period of time in which such services were
performed;
h. transportation costs; and
i. any other special damages claimed by Plaintiff.
21. If Plaintiff is eligible for,currently receiving, or has ever applied for, Social Security
Disability benefits, provide copies of all Social Security Disability records and the
application for same. Provide Plaintiffs SSDI number, and the date(s) upon which
Plaintiff became eligible for said benefits, the basis for eligibility, and the duration of
eligibility.
22. If Plaintiff is eligible for, currently receiving, or has ever applied for, Medicare
benefits, provide copies of all Medicare records and the application for same. Provide
Plaintiffs Medical Health Insurance Claim Number (HICN) and a copy of Plaintiffs
HICN card, the date(s) upon which Plaintiff became eligible for said benefits, the
basis for eligibility,and the duration of eligibility.
23. If property damage is claimed, provide an itemized list of damage and the itemized
cost of a repair or replacement. If property damage is to a vehicle, state make,
model, mileage, overall condition, and age of vehicle, together with list of repairs,
and itemized cost of same. State whether such loss or expense was covered by
insurance. State the name and address of the insurer, the policy number, the dates
and limits of coverage and deductible, if any. If Plaintiff was not the driver of
Plaintiffs vehicle at the time of the alleged occurrence, state the name, address, and
age of the driver, and the driver's relationship to Plaintiff.
24. A copy of Plaintiffs driver's license, registration, and the title of the vehicle involved.
25. A copy of any report, note, letter, video, audio recording, or any writing, completed
by or of Plaintiff, regarding the alleged occurrence and/or any damages alleged
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herein, including but not limited to, any of the above provided to any insurance
company, No-Fault provider, or any other entity or person(s).
26. If loss of use of a vehicle is claimed, state the length of time of said loss. If a vehicle
was hired or rented to replace it,the rate per unit of time and duration of the rental.
State whether such loss or expense was covered by insurance, including the name
and address of the insurer, the policy number, and the dates and limits of coverage
and deductible, ifany.
27. If loss of services and/or society of any person is claimed, state the length of time
thereof and the nature and extent of the alleged loss.
28. If any of the special damages set forth above were reimbursed to any degree by
Workers'
insurance, Compensation, Medicaid, Social Security, or any other collateral
source covering medical and dental expenses, replacement of income, or other
expenses, state:
a. The amount reimbursed and the reimbursing agency;
b. whether said reimbursing agency has filed a lien in connection therewith.
Include any benefit covering any alleged loss herein and the nature of the
benefit; and
c. where the benefit is in the form of insurance, the name and address of the
carrier, the amount of the premium, the source of payment of the premium,
and the policy number. In providing the sources of all benefits, listthe names
of employers, unions, pension plans, etc., and all other information
identifying with specificity the source of the benefits.
Dated: Brooklyn, New York
June 8, 2021
ANNA J. ERVOLINA, ESQ.
Acting Executive Assistant General Counsel
By: Michael Zentz, Esq.
Attorney(s) for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY,
METROPOLITAN TRANSPORTATION AUTHORITY,
RENA HINES and STEVEN GILBERT
130 Livingston Street - 11th Floor
Brooklyn, New York 11201
(718) 694-3251
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File No.: BU-20-01-13-07-001
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
VIVETT ALLEN,
Plaintiff(s), Index No.: 508521/2021
-against-
RENA HINES, STEVNE GILBERT, DISCOVERY DEMANDS
METROPOLITAN TRANSPORTATION
AUTHORITY and NEW YORK CITY TRANSIT
AUTHORITY d/b/a MTA NEW YORK CITY
TRANSIT (NYCTA),
Defendant(s).
Pursuant to CPLR §3120, Plaintiff shall, within thirty days following service of this
demand, serve the following items upon the undersigned:
1. A listof those who have appeared in this action, together with their addresses, their
attorneys and their attorney's addresses, in sufficient detail to permit service of
papers pursuant to CPLR §2103, together with copies of all pleadings had herein.
2. Any and all books, records, bills, insurance applications, insurance receipts,
cancelled checks, and other records pertaining to collateral source reimbursement
received by Plaintiff(s) or on beh
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FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 "3" EXHIBIT FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 INDEX NO. 508521/2021 F LED,: KINGS COUNTY CLERK : NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 BU-20-01-13-07-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VIVETT ALLEN, Plaintiff(s), Index No.: 508521/2021 -against- VERIFIED ANSWER RENA HINES, STEVNE GILBERT, METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA), Defendant(s). Defendant(s), METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY (sued herein as "NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA)"), RENA HINES and STEVEN GILBELT (sued herein as "STEVNE GILBERT") answer Plaintiff's(s') Complaint as follows: COMMON ALLEGATIONS 1. Deny that they have the knowledge or information sufficient to form a belief as to the allegation(s) contained in paragraph(s) 1, 11 and 66 of the Complaint. 2. Deny, upon information and belief, the allegation contained in paragraph(s) 2, 3, 18, 19, 20, 26, 27, 46, 49, 50, 51, 52, 53, 54, 55, 58, 59, 60, 61, 62, 63, 64 and 65 of the Verified Complaint except admit(s) that at all times mentioned in the Complaint, defendant NEW YORK CITY TRANSIT AUTHORITY owned and maintained buses designated Buses Numbered 7663 and 7553, bearing New York State license plate numbers BA4777 and BA8788, and that defendants STEVEN GILBERT and RENA HINES were emplayed by defendant NEW YORK CITY TRANSIT AUTHORITY, and that defendants 1 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 INDEX NO. 508521/2021 [FILED.: KINGS COUNTY CLERK 06/08/2021 11:21 AMl NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 STEVEN GILBERT and RENA HINES operated and controlled said buses in the regular scope of their employment with, and with the permission and consent of, defendant NEW YORK CITY TRANSIT AUTHORITY, at or near Rockaway Parkway and Gianwcad Road. 3. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 3, 4, 5, 6, 7, 8, 9 and 10 ofthe Complaint except admits that at all times mentioned in the Complaint defendants NEW YORK CITY TRANSIT AUTHORITY and METROPOLITAN TRANSPORTATION AUTHORITY were and still are public benefit corporations duly organized and existing under and by virtue of the laws of the State of New York. 4. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 47, 48, 56, 57, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80 and 81 of the Complaint. AS AND FOR A FIRST CAUSE OF ACTION 5. Answering paragraph 82 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 6, Deny, upon information and belief, the allegation(s) contained in paragraph(s) 83, 84, 85 and 86 ofthe Complaint. AS AND FOR A SECOND CAUSE OF ACTION 7. Answering paragraph 87 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 2 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED INDEX NYSCEF: NO. 06/17/2021 508521/2021 FILED.: KINGS COUNTY CLERK 06/08/2021 11:21 --AM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 8. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 88, 89, 90 and 91 ofthe Complaint. AS AND FOR A THIRD CAUSE OF ACTION 9. Answering paragraph 92 of the complaint, dêfêñdant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 10. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 93, 94, 95 and 96 ofthe Complaint. AS AND FOR A FOURTH CAUSE OF ACTION 11. Answering paragraph 97 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 12. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 98, 99 and 100 of the Complaint and refer all questions of law to this Honorable Court. 13. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 101 and 102 of the Complaint. AS AND FOR A FIFTH CAUSEOF ACTION 14. Answering paragraph 103 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 3 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 FILED.: KINGS COUNTY CLERK 06/08/2021 11: 21E INDEX NO. 508521 /2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 15. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 104 and 105 of the Complaint. AS AND FOR A SIXTH CAUSE OF ACTION 16. Answering paragraph 106 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 17. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 107, 108, 109 and 110 of the Complaint. AS AND FDRASEVENTR CAUSE OF ACTION 18. Answering paragraph 111 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 19. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 112, 113 and 114 of the Complaint and refer all questions of law to this Honorable Court. 20. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 115 and 116 of the Complaint. AS AND FOR AN EIGHTH CAUSE OF ACTION 21. Answering paragraph 117 of the complaint, defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT repeat(s) and reiterate(s) each and every denial heretofore made herein with the same force and effect as though fully set forth herein. 4 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 INDEX NO. 508521/2021 FILED.: KINGS COUNTY CLERK 06/08/2021 11:21 AM NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 22. Deny, upon information and belief, the allegation(s) contained in paragraph(s) 118 and 119 of the Complaint. FIRST AFFIRMATIVE DEFENSE: CULPABLE CONDUCT 23. Upon information and belief,whatever injuries and/or damages Plaintiff(s) may have sustained at the time and place mentioned in the Complaint, were caused, in whole or in part, by Plaintiff's(s') culpable conduct. The ameünt of damages recovered, if any, shall be diminished in the proportion that said culpable conduct attributable to Plaintiff(s) caused said injuries and/or damages. SECOND AFFIRMATIVE DEFENSE: COLLATERAL SOURCE 24. Upon information and belief, any award for recovery of the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings, or other c-===ic loss claimed by Plaintiff's(s')shall be reduced to the extent that any such cost was or will with reasor able certainty be replaced or indemnifïad from any collateral source pursuant to CPLR §4545. THIRD AFFIRMATIVE DEFENSE: FAILURE TO MITIGATE DAMAGES 25. Defendants state that plaintiffs failed to take any or sufficient action, or such action as was ñecessary, to mitigate or minimi,e the injuries and damages alleged or the conditions that allegedly gave rise to those purported injuries or damages. FOURTH AFFIRMATIVE DEFENSE: FAILURE TO STATE A CAUSE OF ACTION 26. Defêñdants state that plaintiffs have failed to state a cause of action. 5 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 INDEX NO. 508521/2021 FILED ·: KING$ COUNTY CLERK 06(08/2021 11:21 __AMJ NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 FIFTH AFFIRMATIVE DEFENSE: FAILURE TO APPEAR FOR HEARING 13. Defendants state that plaintiffs failed to state of cause of action as plaintiffs failed to appear for statutory hearings, pursuant to the Public Authorities Law. WHEREFORE, Defendant(s), METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT demand(s) judgment dismissing Plaintiff's(s') Complaint of the plaintiff(s) with costs, but if plaintiff(s) herein recover(s) against the defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT, then METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT demand(s) that such recoverybe diminished in the proportion which the culpable conduct attributable to plaintiff(s) bear(s) to the culpable conduct caused which caused the damages herein; the defendant(s) METROPOLITAN TRANSPORTATION AUTHORITY, NEW YORK CITY TRANSIT AUTHORITY, RENA HINES and STEVEN GILBELT further demand(e) that the judgment entered, based on such diminished recover, be entered so that the liability of each defendant(s) be apportioned and said judgment entered in accordance with each defendant('s/s') degree of culpability. Dated: Brooklyn, New York June 8, 2021 ANNA J. ERVOLINA, ESQ. Acting Executive Assistant General Counsel By: Michael Zentz, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, RENA HINES and STEVEN GILBERT 130 Livingston Street - 11th Floor Brooklyn, New York 11201 (718) 694-3251 6 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED INDEX NYSCEF: 06/17/2021 CLERK 11:21 NO. 508521/2021 ILED s KINGS COUNTY 06/08/2021 AM) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 BU-20-01-13-07-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VIVETT ALLEN, Plaintiff(s), Index No.: 508521/2021 -againet- DEMAND FOR A VERIFIED BILL OF PARTICULARS RENA HINES, STEVNE GILBERT, METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA), Defendant(s). Pursuant to CPLR §3041, Plaintiff(s) shall, within thirty days following service of this demand, serve upon the undersigned, a Verified Bill of Particulars stating the following: 1. Plaintiffs address. 2. Plaintiffs date of birth. 3. Plaintiffs social security number. 4. Date and time of the alleged occurrence. 5. The exact location of the alleged occurrence, giving distance from and between certain fixed points, such as street corners, curbs, crosswalks, buildings, location on station platforms in relation to fixed points on the platform, etc. 6. If the alleged occurrence took place on a stairway, state the exact location, the number of said stairway, and the particular step involved. 7. If a bus or other vehicle was involved, state its direction, number, route, license plate number, and the name and badge number of the Defendant's emplsyse in charge of said vehicle. If the name and badge number of said employee is unavailable, provide a detailed description of the employee including sex, height, weight, complexion, and other identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a bus, state Plaintiffs exact location within the bus prior to the alleged occurrence. 7 of 1.6 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED INDEX NYSCEF: NO. 06/17/2021 FILED ·: KINGS COUNTY CLERK 06/08/2021 11:21 508521/2021 AM) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 8. If a train was involved, state its direction, the car number(s), the subject car's position within the sequence of cars, and the name and badge number of the Defendant's employee in charge of said train. If the name and badge number of said emplayêê is unavailable, provide a detailed description of such employee including sex, height, weight, complavion, and other identifying features (e.g., glasses, beard, mustache, tattoos, etc.). If Plaintiff was a passenger on a train, state Plaintiff's exact location within the train car prior to the alleged occurrence. 9. If a police officer appeared at the scene of the alleged occurrence, or is otherwise involved in the subject matter of the instant action, state the name, shield number and precinct or command of the officer(s). 10. State the precise acts or emissions constituting the ñêgligence alleged. If violations of statutes, ordinances, rules or regulations are claimed, specify same. If a defect, dangerous condition, or foreign substance is alleged, state its exact nature, location, and duration of existence. 11. Where notice of a condition is a prerequisite, state whether actual or constructive notice is claimed. If actual notice is claimed, state when, by, and to whom, same was given. If constructive notice is claimed, state the length of time it is claimed the condition existed prior to the occurrence, in the terms of minutes, hours, days, weeks, or months. 12. State the nature, extent, and location of each and every injury alleged to have been sustained, and which, ifany, are claimed to be permanent. 13. In an action designated in §5104(a) of the Insurance Law, state in what respect Plaintiff(s) has sustained a serious injury, as defined in §5102 subdivision 4 of the Insurance Law, or economic loss greater than basic economic loss, as defined in §5102 subdivision 1 of the Insurance Law. 14. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint prior to the negligence alleged in the Complaint, state: a. The nature of the pre-existing injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said pre-existing injury or condition prior to the negligence alleged herein, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for any aggravation of said pre-existing injury or condition subsequent to the occurrence alleged in the Complaint, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility;and f. whether any action in any court was brought as a result of said pre-existing injury or condition, and specify the court in which the action was brought, the index number, and the name of the attorney, ifany, who brought said action. 8 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 FILED·: KINGS COUNTY CLERK 06/08/2021 11:21 m DEX NO , 508521/2021 ANJ NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 15. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint, subsequent to the negligence alleged in the CompWat, caused by or related to the negligence alleged in the Complaint, state: a. The nature of the subsequent injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confmed to their bed, home, and/or hospital/health care facility;and f. whether any action in any court was brought as a result of said injury or condition, and specify the court in which the action was brought, the index number, and the name of the attorney, ifany, who brought said action. 16. If Plaintiff(s) experienced any of the damages or injuries alleged in the Complaint or any other damages or injuries, subsequent to the injuries alleged in the Complaint, caused by any reason other than the negligence alleged in the Complaint, state a. The nature of the subsequent injury or condition; b. the date(s) said injury was sustained or condition was experienced; c. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; d. the names and addresses of all medical care providers who rendered services to Plaintiff(s) for said subsequent injury or condition, indicating dates of treatment; e. the date(s) and length of time Plaintiff was confined to their bed, home, and/or hospital/health care facility;and f. whether any action in any court was brought as a result of said injury or condition, and specify the court in which the action was brought, the index number, and the name of the attorney, ifany, who brought said action. 17. List the names and addresses of all hospitals, medical facilities, doctors, clinics, and/or health care providers of any kind that diagnosed or treated Plaintiff(s), indicating all dates of diagnosis and treatment arising out of the negligence alleged in the Complaint. 18. IfPlaintiff alleges any damage(s) regarding his or her status as a student, state the name and address of the learning institution, grade or class, and all damages arising out of the negligence alleged, including but not limited to, the length of time absent, dates of absences, reduction of grades, etc. 19. State Plaintiff's(s')occupation, the full name and address of Plaintiffs(s') employer, the name of Plaintiffs direct superviscr, the length of time incapacitated from 9 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 INDEX NO. 508521/2021 (FILED-: KINGS COUNTY CLERK 06/08/2021 11:21 AM) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 employment, and all other employment-related damages arising out of the negligence alleged in the Complaint, including loss of potential income or other opportunity. 20. State the total amounts claimed as special damages for: a. All health care providers, indicating the names and addresses and amounts for each; b. medical supplies; c. loss of earnings, specifying name(s) and address(es) of employers; d. any portion of lost earnings which was reimbursed by disability insurance, Workers' Compensation, Social Security, and/or any other collateral source; e. anticipated loss of earning capacity specifying what possible occupations, promotions, or business opportunities Plaintiff claims to have lost; f. nurse service, housakeeping service, or other services, specifying names, addresses and amount for each; g. expense(s) incurred by Plaintiff(s) in obtaining services in lieu of those he/she would have performed, specifying the name and address of each person(s) performing such services and period of time in which such services were performed; h. transportation costs; and i. any other special damages claimed by Plaintiff. 21. If Plaintiff is eligible for,currently receiving, or has ever applied for, Social Security Disability benefits, provide copies of all Social Security Disability records and the application for same. Provide Plaintiffs SSDI number, and the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility, and the duration of eligibility. 22. If Plaintiff is eligible for, currently receiving, or has ever applied for, Medicare benefits, provide copies of all Medicare records and the application for same. Provide Plaintiffs Medical Health Insurance Claim Number (HICN) and a copy of Plaintiffs HICN card, the date(s) upon which Plaintiff became eligible for said benefits, the basis for eligibility,and the duration of eligibility. 23. If property damage is claimed, provide an itemized list of damage and the itemized cost of a repair or replacement. If property damage is to a vehicle, state make, model, mileage, overall condition, and age of vehicle, together with list of repairs, and itemized cost of same. State whether such loss or expense was covered by insurance. State the name and address of the insurer, the policy number, the dates and limits of coverage and deductible, if any. If Plaintiff was not the driver of Plaintiffs vehicle at the time of the alleged occurrence, state the name, address, and age of the driver, and the driver's relationship to Plaintiff. 24. A copy of Plaintiffs driver's license, registration, and the title of the vehicle involved. 25. A copy of any report, note, letter, video, audio recording, or any writing, completed by or of Plaintiff, regarding the alleged occurrence and/or any damages alleged 10 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED INDEX NYSCEF: NO. 06/17/2021 508521/2021 FILED: KINGS COUNTY CLERK 06/08/2021 11:21 Al$ NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 herein, including but not limited to, any of the above provided to any insurance company, No-Fault provider, or any other entity or person(s). 26. If loss of use of a vehicle is claimed, state the length of time of said loss. If a vehicle was hired or rented to replace it,the rate per unit of time and duration of the rental. State whether such loss or expense was covered by insurance, including the name and address of the insurer, the policy number, and the dates and limits of coverage and deductible, ifany. 27. If loss of services and/or society of any person is claimed, state the length of time thereof and the nature and extent of the alleged loss. 28. If any of the special damages set forth above were reimbursed to any degree by Workers' insurance, Compensation, Medicaid, Social Security, or any other collateral source covering medical and dental expenses, replacement of income, or other expenses, state: a. The amount reimbursed and the reimbursing agency; b. whether said reimbursing agency has filed a lien in connection therewith. Include any benefit covering any alleged loss herein and the nature of the benefit; and c. where the benefit is in the form of insurance, the name and address of the carrier, the amount of the premium, the source of payment of the premium, and the policy number. In providing the sources of all benefits, listthe names of employers, unions, pension plans, etc., and all other information identifying with specificity the source of the benefits. Dated: Brooklyn, New York June 8, 2021 ANNA J. ERVOLINA, ESQ. Acting Executive Assistant General Counsel By: Michael Zentz, Esq. Attorney(s) for Defendant(s) NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, RENA HINES and STEVEN GILBERT 130 Livingston Street - 11th Floor Brooklyn, New York 11201 (718) 694-3251 11 of 16 FILED: KINGS COUNTY CLERK 06/17/2021 01:04 PM INDEX NO. 508521/2021 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2021 INDEX NO. 508521/2021 IFILED c KINGS COUNTY CLERK 06/08/2021 11:21 AM) NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 06/08/2021 File No.: BU-20-01-13-07-001 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS VIVETT ALLEN, Plaintiff(s), Index No.: 508521/2021 -against- RENA HINES, STEVNE GILBERT, DISCOVERY DEMANDS METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY d/b/a MTA NEW YORK CITY TRANSIT (NYCTA), Defendant(s). Pursuant to CPLR §3120, Plaintiff shall, within thirty days following service of this demand, serve the following items upon the undersigned: 1. A listof those who have appeared in this action, together with their addresses, their attorneys and their attorney's addresses, in sufficient detail to permit service of papers pursuant to CPLR §2103, together with copies of all pleadings had herein. 2. Any and all books, records, bills, insurance applications, insurance receipts, cancelled checks, and other records pertaining to collateral source reimbursement received by Plaintiff(s) or on beh