Preview
FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
--------------------------------------------------------------X
LAURIE HAFNER, Index No.: EF005199-2021
Plaintiff,
DEMAND FOR VERIFIED
-against- BILL OF PARTICULARS
HOMEPRO EXTERIORS INC. and OMAR RAMOS
MENDOZA,
Defendants.
--------------------------------------------------------------X
PLEASE TAKE NOTICE, that the defendants, HOMEPRO EXTERIORS INC. and
OMAR RAMOS MENDOZA, pursuant to the applicable sections of the Civil Practice Law and
Rules, demand that Plaintiff serve upon the undersigned within thirty (30) days after service of
this demand, a verified bill of particulars as to the following items:
1. Set forth Plaintiff’s present residence address.
2. Set forth the Plaintiff’s date of birth and social security.
3. Set forth Plaintiff’s full legal name and all known and unknown aliases and
nicknames.
4. Set forth Plaintiff’s address at time of alleged accident.
5. State the date and time of day of the occurrence.
6. State the exact location of the occurrence.
7. A general statement of the acts or omissions constituting the negligence that the
Plaintiff will claim at the time of trial as against these defendants.
8. State the age and address of the Plaintiff at the time of the accident, including the
date of birth and Social Security number.
9. A statement of the injuries claimed to have been sustained by the Plaintiff.
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FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021
10. A description of the permanent injuries and the nature and extent thereof that the
Plaintiff will claim at the time of trial.
11. State whether the Plaintiff has suffered dismemberment as a result of the subject
accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will
claim at the time of trial.
12. State whether the Plaintiff has suffered significant disfigurement as a result of the
subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff
will claim at the time of trial.
13. State whether the Plaintiff has suffered a fracture as a result of the subject accident,
and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the
time of trial.
14. State whether the Plaintiff has suffered a permanent loss of use of a body organ,
member, common function or system as a result of the subject accident, and if so, provide a
description of the nature and extent thereof that the Plaintiff will claim at the time of trial.
15. State whether the Plaintiff has suffered permanent consequential limitation of use
of a body organ or member as a result of the subject accident, and if so, provide a description of
the nature and extent thereof that the Plaintiff will claim at the time of trial.
16. State whether the Plaintiff has suffered significant limitation of use of a body
function or system as a result of the subject accident, and if so, provide a description of the nature
and extent thereof that the Plaintiff will claim at the time of trial.
17. State whether the Plaintiff has suffered a medically determined injury or
impairment of a non-permanent nature which prevents Plaintiff from performing substantially all
of the material acts which constitute the Plaintiff’s usual and customary daily activities for not less
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FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021
than 90 days during the 180 days immediately following the occurrence of the injury or impairment
as a result of the subject accident, and if so, provide a description of the nature and extent thereof
that the Plaintiff will claim at the time of trial.
18. Specify separately the length of time the Plaintiff was confined to:
a. Hospital.
b. Bed.
c. House.
19. If loss of earnings is claimed, set forth the following:
a. The name and address of each of the employers of the Plaintiff for five years
past and the dates of employment.
b. The titles and duties of the Plaintiff in each employment.
c. The weekly wages, commissions or other earnings in each employment.
d. The dates on or between which the Plaintiff claims to have been incapacitated
from each employment.
e. The total loss of earnings claimed.
20. If future lost earnings will be claimed, state the amount thereof.
21. State the total amount that the Plaintiff will claim at the time of trial as special
damages for:
a. Physicians' services, stating separately the name and address of each physician
and the amount of his or her bill.
b. Hospital expenses, giving names, addresses, and amounts.
c. Nurses' services, giving names, addresses, and amounts.
d. All other expenses.
22. State the number of times and the dates thereof that the Plaintiff called upon each
and every attending physician.
23. Any other alleged bills or special damages, including the amounts, the days and
dates upon and between which same were or will be incurred, and the nature thereof.
24. Identify any statutes, ordinances or laws of the United States, states or
municipalities which are claimed to have been violated by these defendants.
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25. Identify any rules, regulations or codes of any authorities, administrative or
regulatory agencies which are claimed to have been violated by these defendants.
PLEASE TAKE NOTICE, that the foregoing is a continuing demand and Plaintiff is
required to furnish responses within thirty (30) days of receipt thereof. In the event of Plaintiff’s
failure to comply with the foregoing demand, the undersigned shall make such motions at or prior to
trial as are required for the protection of the undersigned, which may include seeking the dismissal of
this action or precluding the testimony of any witness or the introduction of any evidence not supplied
in accordance with this demand.
Dated: Purchase, New York
November 15, 2021
MILBER MAKRIS PLOUSADIS
& SEIDEN, LLP
By:___________________________
Debra Salvi
Attorneys for Defendants
Homepro Exteriors Inc. and
Omar Ramos Mendoza
100 Manhattanville Road, Suite 4E20
Purchase, New York 10577
(914) 231-8021
dsalvi@milbermakris.com
File No.: 388-21367
TO: Maria Zambrano Steinhaus, Esq.
SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
File No.: 4027891NR
maria@surislaw.com
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Preview
FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE --------------------------------------------------------------X LAURIE HAFNER, Index No.: EF005199-2021 Plaintiff, DEMAND FOR VERIFIED -against- BILL OF PARTICULARS HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, Defendants. --------------------------------------------------------------X PLEASE TAKE NOTICE, that the defendants, HOMEPRO EXTERIORS INC. and OMAR RAMOS MENDOZA, pursuant to the applicable sections of the Civil Practice Law and Rules, demand that Plaintiff serve upon the undersigned within thirty (30) days after service of this demand, a verified bill of particulars as to the following items: 1. Set forth Plaintiff’s present residence address. 2. Set forth the Plaintiff’s date of birth and social security. 3. Set forth Plaintiff’s full legal name and all known and unknown aliases and nicknames. 4. Set forth Plaintiff’s address at time of alleged accident. 5. State the date and time of day of the occurrence. 6. State the exact location of the occurrence. 7. A general statement of the acts or omissions constituting the negligence that the Plaintiff will claim at the time of trial as against these defendants. 8. State the age and address of the Plaintiff at the time of the accident, including the date of birth and Social Security number. 9. A statement of the injuries claimed to have been sustained by the Plaintiff. 1 of 4 FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021 10. A description of the permanent injuries and the nature and extent thereof that the Plaintiff will claim at the time of trial. 11. State whether the Plaintiff has suffered dismemberment as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 12. State whether the Plaintiff has suffered significant disfigurement as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 13. State whether the Plaintiff has suffered a fracture as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 14. State whether the Plaintiff has suffered a permanent loss of use of a body organ, member, common function or system as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 15. State whether the Plaintiff has suffered permanent consequential limitation of use of a body organ or member as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 16. State whether the Plaintiff has suffered significant limitation of use of a body function or system as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 17. State whether the Plaintiff has suffered a medically determined injury or impairment of a non-permanent nature which prevents Plaintiff from performing substantially all of the material acts which constitute the Plaintiff’s usual and customary daily activities for not less 2 of 4 FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021 than 90 days during the 180 days immediately following the occurrence of the injury or impairment as a result of the subject accident, and if so, provide a description of the nature and extent thereof that the Plaintiff will claim at the time of trial. 18. Specify separately the length of time the Plaintiff was confined to: a. Hospital. b. Bed. c. House. 19. If loss of earnings is claimed, set forth the following: a. The name and address of each of the employers of the Plaintiff for five years past and the dates of employment. b. The titles and duties of the Plaintiff in each employment. c. The weekly wages, commissions or other earnings in each employment. d. The dates on or between which the Plaintiff claims to have been incapacitated from each employment. e. The total loss of earnings claimed. 20. If future lost earnings will be claimed, state the amount thereof. 21. State the total amount that the Plaintiff will claim at the time of trial as special damages for: a. Physicians' services, stating separately the name and address of each physician and the amount of his or her bill. b. Hospital expenses, giving names, addresses, and amounts. c. Nurses' services, giving names, addresses, and amounts. d. All other expenses. 22. State the number of times and the dates thereof that the Plaintiff called upon each and every attending physician. 23. Any other alleged bills or special damages, including the amounts, the days and dates upon and between which same were or will be incurred, and the nature thereof. 24. Identify any statutes, ordinances or laws of the United States, states or municipalities which are claimed to have been violated by these defendants. 3 of 4 FILED: ORANGE COUNTY CLERK 11/15/2021 12:27 PM INDEX NO. EF005199-2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2021 25. Identify any rules, regulations or codes of any authorities, administrative or regulatory agencies which are claimed to have been violated by these defendants. PLEASE TAKE NOTICE, that the foregoing is a continuing demand and Plaintiff is required to furnish responses within thirty (30) days of receipt thereof. In the event of Plaintiff’s failure to comply with the foregoing demand, the undersigned shall make such motions at or prior to trial as are required for the protection of the undersigned, which may include seeking the dismissal of this action or precluding the testimony of any witness or the introduction of any evidence not supplied in accordance with this demand. Dated: Purchase, New York November 15, 2021 MILBER MAKRIS PLOUSADIS & SEIDEN, LLP By:___________________________ Debra Salvi Attorneys for Defendants Homepro Exteriors Inc. and Omar Ramos Mendoza 100 Manhattanville Road, Suite 4E20 Purchase, New York 10577 (914) 231-8021 dsalvi@milbermakris.com File No.: 388-21367 TO: Maria Zambrano Steinhaus, Esq. SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 File No.: 4027891NR maria@surislaw.com 4 of 4