Preview
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
EEZEBEE-EQBEFI Index No.3 156977/2019
Plaintiff, VERIFIED BILL OF
V
PARTICULARS
-against-
AMRITPAL Sl-NGH and MDAMRIT TAXI INC,
Defendants.
.......... ._._..__.__.....__________________________________________.)(
Plaintiff, by his attomeys, GEORGAKLIS 84MALLAS PLLC, as and for his Verified
Bill of Particulars, in response to the demands of the defendants, at all times hereinalter
mentioned, upon information and belief, allege as followsz
1. The name of the plaintiff appears in the above caption. The plaintiffresides at 237
West 109th Street, New York, NY 10025.
2. The plaintiff is 28 years of age. Plaintiffs date of birth is November 7, 1991.
3. The plaintiff obj ects to the demand for his Social Security number as privileged, and
also to the disclosure of such information in a tiling likely to be publicly filed, due to the danger
of identity theft. (see, for instance, In rez The August 2, 2004 Amendment to the E-Govemment
Act of 2002, Administrative Order 2004-09, Chief Judge Edward R. Korman, dated October
2004, United States District Court, Eastem District of New York, which prohibits the disclosure
of hill Social Security numbers in documents likely to be filed either electronically or in paper
fonn). Notwithstanding, such objection, the last four digits of his Social Security number are
3158.
4. The incident occurred on October 22, 2018 at 01100 a.m.
5. The incident occurred on 86th Street 84 Amsterdam Avenue New York, New York.
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
6. The aforementioned incident took place as a result of the negligence, carelessness and
recklessness of the defendants, through the actions of its agents, servants and/or employees
including but not limited to the ownership, operation and control of the aforesaid motor vehicleg
in failing to operate their motor vehicle under proper, prudent and reasonable controlg in
recklessly, negligently and carelessly controlling the motor vehicle so as to cause itto collide
with plaintiff who was on a bicycleg in causing their motor vehicle to come into contact with
plaintiffg in operating their motor vehicle at a fast and reckless rate of speedg in disobeying ared
lightg in failing to observe bicyclistg in failing to give any sign, signal or waming of the
approach of their said motor vehicleg in failing to be attentiveg in failing to observe traffic
control signalsg in failing to observe traffic signals requiring the motor vehicle to come to a
stopg in failing to slow the motor vehicle before reaching a traffic signal requiring the vehicle to
stopg in failing to stop the motor vehicle at the traftic signalg in attempting and intending to
proceed through a traffic signal despite being required to stop the motor vehicle at the traffic
signalg in failing to observe a red traffic signalg in failing to observe an amber or yellow traffic
signalg in failing to stop at a red lightg in failing to slow or brake their motor vehicle at a
sufficient time and distanceg in striking bicyclistg in failing to properly apply the brakesg in
failing to avoid colliding with bicyclist even though defendants had a lilll opportunity to avoid
the collisiong in failing to steerg in failing to properly steerg in failing to operate their motor
vehicle appropriately under the conditions and circumstancs prevailing at and prior to said
occurrenceg in failing to lookg in failing to seeg in failing to observe bicyclist particularly the
plaintiff in or about the intersectiong in accelerating their vehicle when it was not safe to do
sog in being heedless and inattentiveg in failing to look in the direction that their vehicle was
_2_
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
proceeding, in failing to avoid this occurrence although in the eXercise of reasonable care
they could have easily done so, in failing to yield the right of wayg in failing to observe the
rules of the roadg in failing to avoid striking the plaintiff, in failing to avoid a collision, despite
a full opportunity to do sog in failing to see that which Was there to be seeng in striking the
Plaintiff with their vehicleg in failing to stop, in failing to apply the brakes, in failing to
properly apply the brakesg in the Defendantls driver failing to properly position himself in
Defendantls vehicle, in failing to operate their vehicle properlyg in becoming confused in the
operation of their vehicleg in Defendants, driver failing to be aware of his surroundings, in
causing injury to Plaintiff, in the hiring of Defendants, driverg in hiring and/or retention of
Defendantsl driver despite knowledge of his or her record of unsafe driving, in hiring and/or
the retention of Defendants) driver despite his or her propensity of driving unsafelyg in
retaining Defendantls driver as an employee in violating all applicable statues, regulations,
rules, and/or ordinances including but not limited to New York Vehicle and Traffic Law
Sections, including but not limited to sections 1142, 1143, 1144, 1146, 1151, 1172, and l 180.
7, Plaintiff objects to this demand as to what part(s) of defendantsl vehicle came in
contact with plaintiffs bicycle as it isevidentiary in nature and beyond the scope of a bill of
particulars and the proper subject of a deposition.
8. Plaintiff objects to the demand for allstatues, ordinances, rules, codes, regulations,
and administrative oode sections it is alleged the answering defendant violated. Notwithstanding,
and without waiving said objection, it isclaimed the defendants violated the statutes rules and
ordinances that the court will take judicial notice of at the time of trial and see response to 6.
9. Objection. inapplicable, as plaintiff is not claiming property damage.
_ 3 _
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
l0. Due to the negligence of the defendants the plaintiff sustained the following injuries
I Fibula fracture of the right legg
I Need for air castg
0 Internal derangement of the right legg
0 Right leg sprain/straing
0 Restricted range of motion of the right legg
0 Right leg paing
I Weakness of the right legg
0 Decreased strength, right legg
0 Difficulty bending, right legg
0 Difficulty twisting, right legg
0 Difficulty standingg
0 Difficulty climbing stairsg
0 Difficulty descending stairsg
0 Inabilityl Difficulty walkingg
0 Inability/difficulty to jogg
0 Inability/difficulty to rung
0 Inability/difficulty squattingg
I Nasal septum ti-actureg
0 Abrasions/lacerations to the right side of faceg
0 Abrasions/lacerations to ehing
0 Laceration to the right eyeg
0 Laceration to right superior browg
0 Abrasion to right upper eyelidg
0 Notch in upperright eyelid lateral to lateral limbusg
0 Loss of lateral lid margin of the right eyeg
0 Scarring ofthe right eyeg
0 Need for suturesg
0 l-leadachesg
0 Dizzinessg
I Anxietyg
0 Nausea and vomitingg
1 Blurred visiong
0 Lightheadednessg
_4_
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
Cognitive Defieienciesg
0 Disc protrusion at C5-C6g
0 Cervical radiculopathyg
0 Cen/icalgiag
n Cervical sprain/straing
0 Cervical spasmg
0 Restricted range of motion of the cervical spineg
0 Loss of function of the cervical spineg
I Neck paing
0 Stiffness of the cervical spineg
0 Swelling of the cervical spineg
0 Tendemess of the cervical spineg
0 Difficulty tuming headg
0 Difficulty rotating headg
0 Difficulty bending neckg
0 Tingling in hands and fingersg
Numbness in hands and fingersg
0 Anterolisthesis of L5 on Slg
0 Lumbar radiculopathyg
0 Lumbagog
0 Lumbar sprain/straing
0 Lumbar spasmg
0 Restricted range of motion of the lumbar spineg
0 Loss of function of the lumbar spineg
0 Low back paing
0 Stiffness of the lumbar spineg
0 Swelling of the lumbar spineg
0 Tendemess of the lumbar spineg
0 Difficulty twistingg
0 Difficulty bendingg
0 Difficulty sittingg
0 Difficulty slandingg
The above injuries are accompanied by severe pain, tendemess, swelling,
stiffness, discomfort, distress, weakness, depression, stress,
psychological difficulties, restriction of motion and with related injuries,
damages, compromise and degeneration of the underlying soft tissues,
_5_
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
blood vessels, bones, nerves, tendons, ligaments and musculature and all
of the natural consequences flowing there From,
Psychological embarrassment due to the scarring, impairment and
deformities causing the plaintiff to make both conscious and
subconscious efforts to limit the use and visibility of those areas and
impairments,
As a result of the above injuries, plaintiff has suffered and continues to
suffer severe pain, tension, anxiety, in-itability, emotional anguish,
depression and distress, with difliculty sleepingg
Plaintiff has and will continue to experience impairment, disruption and
difficulty with daily activities, including significant impairment of
numerous daily activities that plaintiff had previously taken for granted,
Limitations, diminution and/or their impain-rient of functions, activities,
vocation, avocation and other activities which plaintiff engaged in prior
to this accident,
All of the above injuries are pennanent in nature and duration, and were
caused, precipitated, aggravated and/or exacerbated by the subject
occurrence. All of the injuries listed above, and/or their sequellae,
including the likelihood of the early onset of arthritis, are permanent in
natureg
The injuries stated above were asymptomatic, donnant, and/or a latent
condition which was precipitated, activated, triggered, accelerated and/or
otherwise aggravated by the subject accident,
All the injuries pled herein and any other bill of particulars previously
served to the extent that any ofthe injuries were pre-existing and or latent
the injuries were asymptomatic, dormant, and/or a lent condition which
was precipitated, activated, triggered, accelerated and/or otherwise
aggravated by the subject aecidentg
ll Plaintiff objects to the demand for names and addresses of the facilities, treating
physicians and date of admission and discharge for each facility that he trmted with as
evidentiary in nature and beyond the scope of a bill of particulars. However, without waiving said
objection, this information has been provided under a separate cover entitled Notice of Medical
_5_
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
Exchange.
12. Plaintiff was confined toz
a. Bed for three (3) monthsg
b. Home for three (3) monthsg
13. Plaintiff was incapacitated from work for approximately three (3) weeks following
the occurrence.
14. Total amounts claimed as special damages forz
a. Physician servicest 550,000 and continuingg
b. Hospital expensesz SlO0,000g
c. Plaintiff is claiming lost eamings in the amount of S3,000.00g
15. Plaintiff obj ects to the demand for names and last known addresses of any witnesses
to the occurrence herein as evidentiaiy in nature and beyond the scope of a bill of paniculars.
However, without waiving said objection, this infonnation if applicable has been provided under
a separate cover entitled Response to Combined Demands.
16. Plaintiff objects to the demand for the name and last known address of any person
who has information concerning the condition of the vehicle owned by the plaintiff as it is
evidentiaty in nature and beyond the scope of a bill of particulars and the proper subject of a
deposition. Furthermore, plaintiff was on a bicycle.
17. At the time of the occurrence plaintiff was employed by Socrates Sculpture Park, 32-
Ol Vemon Blvd, Long Island City, NY 1 1 106 and Janeis Carousel, Old Dock St, Brooklyn, NY
1l201.
18. Objection. Inapplicable as plaintiffwas not a student at the time of the occurrence.
19. Plaintiff objects to this demand as evidentiary in nature and beyond the scope ofabill
.7-
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
of particulars. However, without waiving sa.idobjection an authorization to obtain collateral
source infomiation is being provided under separate cover entitled Response to Combined
Demands.
20. The plaintiff sustained a fracture.
21. Plaintiff objects to the demand for whether plaintiff is claiming aggravation or
precipitation ofpre-existing injury or condition as itisevidentiary in nature and beyond the scope
of a bill of particulars and the proper subject of a deposition.
22. Objection. lnapplicable as plaintiff is not claiming loss of service.
23 -25, Objection. Inapplicable as plaintiff is not alleging wrongful death and/or conscious
pain and suffering.
Datedz Brooklyn, New York
January l5, 2020
GEORGAKLIS 84 MALLAS, PLLC
/V /by
/_
Byz Kostantinos Mallas, Esq.
Attomeys for Plaintiffi
LEANDER KNUST
9118 Fifth Avenue
Brooklyn, New York 11209
(718) 238-2400
T01
Adrianne J. Leven, Esq.
BAKER, MCEVOY, MORRISSEY 84 MOSKOVITS, P.C.
Attorney for Defendantsz
AMRITPAL SINGH
and MDAMRJT TAXI INC.
One Metrotech Center, 8th Floor
Brooklyn, NY 11201
(212) 857-8230
_8_
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019
NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022
VERIFICATION
Kostantinos Mallas, an attomey duly admitted to practice in the State of New York
affirms the following under penalties of perjuiyz
I am a member of Georgaklis 8c Mallas, PLLC, attomeys for the plaintiff in the captioned
action. Ihave read the foregoing and know the contents thereof, Upon infomiation and belief, I
believe the matters alleged therein to be true.
The reason this Verification is made by me and not by plaintiff is that the plaintitfresides
in a county other than the one in which the plaintiffs attomeys maintain their ofiices.
The source of my information and the grounds for my beliefs are communications,
papers, reports and investigations contained in the litigation tile.
Datedz Brooklyn, New York
January 15, 2020
V
KOSTANTINOS MALLA5
_ 9 _
Preview
FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK EEZEBEE-EQBEFI Index No.3 156977/2019 Plaintiff, VERIFIED BILL OF V PARTICULARS -against- AMRITPAL Sl-NGH and MDAMRIT TAXI INC, Defendants. .......... ._._..__.__.....__________________________________________.)( Plaintiff, by his attomeys, GEORGAKLIS 84MALLAS PLLC, as and for his Verified Bill of Particulars, in response to the demands of the defendants, at all times hereinalter mentioned, upon information and belief, allege as followsz 1. The name of the plaintiff appears in the above caption. The plaintiffresides at 237 West 109th Street, New York, NY 10025. 2. The plaintiff is 28 years of age. Plaintiffs date of birth is November 7, 1991. 3. The plaintiff obj ects to the demand for his Social Security number as privileged, and also to the disclosure of such information in a tiling likely to be publicly filed, due to the danger of identity theft. (see, for instance, In rez The August 2, 2004 Amendment to the E-Govemment Act of 2002, Administrative Order 2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court, Eastem District of New York, which prohibits the disclosure of hill Social Security numbers in documents likely to be filed either electronically or in paper fonn). Notwithstanding, such objection, the last four digits of his Social Security number are 3158. 4. The incident occurred on October 22, 2018 at 01100 a.m. 5. The incident occurred on 86th Street 84 Amsterdam Avenue New York, New York. FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 6. The aforementioned incident took place as a result of the negligence, carelessness and recklessness of the defendants, through the actions of its agents, servants and/or employees including but not limited to the ownership, operation and control of the aforesaid motor vehicleg in failing to operate their motor vehicle under proper, prudent and reasonable controlg in recklessly, negligently and carelessly controlling the motor vehicle so as to cause itto collide with plaintiff who was on a bicycleg in causing their motor vehicle to come into contact with plaintiffg in operating their motor vehicle at a fast and reckless rate of speedg in disobeying ared lightg in failing to observe bicyclistg in failing to give any sign, signal or waming of the approach of their said motor vehicleg in failing to be attentiveg in failing to observe traffic control signalsg in failing to observe traffic signals requiring the motor vehicle to come to a stopg in failing to slow the motor vehicle before reaching a traffic signal requiring the vehicle to stopg in failing to stop the motor vehicle at the traftic signalg in attempting and intending to proceed through a traffic signal despite being required to stop the motor vehicle at the traffic signalg in failing to observe a red traffic signalg in failing to observe an amber or yellow traffic signalg in failing to stop at a red lightg in failing to slow or brake their motor vehicle at a sufficient time and distanceg in striking bicyclistg in failing to properly apply the brakesg in failing to avoid colliding with bicyclist even though defendants had a lilll opportunity to avoid the collisiong in failing to steerg in failing to properly steerg in failing to operate their motor vehicle appropriately under the conditions and circumstancs prevailing at and prior to said occurrenceg in failing to lookg in failing to seeg in failing to observe bicyclist particularly the plaintiff in or about the intersectiong in accelerating their vehicle when it was not safe to do sog in being heedless and inattentiveg in failing to look in the direction that their vehicle was _2_ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 proceeding, in failing to avoid this occurrence although in the eXercise of reasonable care they could have easily done so, in failing to yield the right of wayg in failing to observe the rules of the roadg in failing to avoid striking the plaintiff, in failing to avoid a collision, despite a full opportunity to do sog in failing to see that which Was there to be seeng in striking the Plaintiff with their vehicleg in failing to stop, in failing to apply the brakes, in failing to properly apply the brakesg in the Defendantls driver failing to properly position himself in Defendantls vehicle, in failing to operate their vehicle properlyg in becoming confused in the operation of their vehicleg in Defendants, driver failing to be aware of his surroundings, in causing injury to Plaintiff, in the hiring of Defendants, driverg in hiring and/or retention of Defendantsl driver despite knowledge of his or her record of unsafe driving, in hiring and/or the retention of Defendants) driver despite his or her propensity of driving unsafelyg in retaining Defendantls driver as an employee in violating all applicable statues, regulations, rules, and/or ordinances including but not limited to New York Vehicle and Traffic Law Sections, including but not limited to sections 1142, 1143, 1144, 1146, 1151, 1172, and l 180. 7, Plaintiff objects to this demand as to what part(s) of defendantsl vehicle came in contact with plaintiffs bicycle as it isevidentiary in nature and beyond the scope of a bill of particulars and the proper subject of a deposition. 8. Plaintiff objects to the demand for allstatues, ordinances, rules, codes, regulations, and administrative oode sections it is alleged the answering defendant violated. Notwithstanding, and without waiving said objection, it isclaimed the defendants violated the statutes rules and ordinances that the court will take judicial notice of at the time of trial and see response to 6. 9. Objection. inapplicable, as plaintiff is not claiming property damage. _ 3 _ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 l0. Due to the negligence of the defendants the plaintiff sustained the following injuries I Fibula fracture of the right legg I Need for air castg 0 Internal derangement of the right legg 0 Right leg sprain/straing 0 Restricted range of motion of the right legg 0 Right leg paing I Weakness of the right legg 0 Decreased strength, right legg 0 Difficulty bending, right legg 0 Difficulty twisting, right legg 0 Difficulty standingg 0 Difficulty climbing stairsg 0 Difficulty descending stairsg 0 Inabilityl Difficulty walkingg 0 Inability/difficulty to jogg 0 Inability/difficulty to rung 0 Inability/difficulty squattingg I Nasal septum ti-actureg 0 Abrasions/lacerations to the right side of faceg 0 Abrasions/lacerations to ehing 0 Laceration to the right eyeg 0 Laceration to right superior browg 0 Abrasion to right upper eyelidg 0 Notch in upperright eyelid lateral to lateral limbusg 0 Loss of lateral lid margin of the right eyeg 0 Scarring ofthe right eyeg 0 Need for suturesg 0 l-leadachesg 0 Dizzinessg I Anxietyg 0 Nausea and vomitingg 1 Blurred visiong 0 Lightheadednessg _4_ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 Cognitive Defieienciesg 0 Disc protrusion at C5-C6g 0 Cervical radiculopathyg 0 Cen/icalgiag n Cervical sprain/straing 0 Cervical spasmg 0 Restricted range of motion of the cervical spineg 0 Loss of function of the cervical spineg I Neck paing 0 Stiffness of the cervical spineg 0 Swelling of the cervical spineg 0 Tendemess of the cervical spineg 0 Difficulty tuming headg 0 Difficulty rotating headg 0 Difficulty bending neckg 0 Tingling in hands and fingersg Numbness in hands and fingersg 0 Anterolisthesis of L5 on Slg 0 Lumbar radiculopathyg 0 Lumbagog 0 Lumbar sprain/straing 0 Lumbar spasmg 0 Restricted range of motion of the lumbar spineg 0 Loss of function of the lumbar spineg 0 Low back paing 0 Stiffness of the lumbar spineg 0 Swelling of the lumbar spineg 0 Tendemess of the lumbar spineg 0 Difficulty twistingg 0 Difficulty bendingg 0 Difficulty sittingg 0 Difficulty slandingg The above injuries are accompanied by severe pain, tendemess, swelling, stiffness, discomfort, distress, weakness, depression, stress, psychological difficulties, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, _5_ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 blood vessels, bones, nerves, tendons, ligaments and musculature and all of the natural consequences flowing there From, Psychological embarrassment due to the scarring, impairment and deformities causing the plaintiff to make both conscious and subconscious efforts to limit the use and visibility of those areas and impairments, As a result of the above injuries, plaintiff has suffered and continues to suffer severe pain, tension, anxiety, in-itability, emotional anguish, depression and distress, with difliculty sleepingg Plaintiff has and will continue to experience impairment, disruption and difficulty with daily activities, including significant impairment of numerous daily activities that plaintiff had previously taken for granted, Limitations, diminution and/or their impain-rient of functions, activities, vocation, avocation and other activities which plaintiff engaged in prior to this accident, All of the above injuries are pennanent in nature and duration, and were caused, precipitated, aggravated and/or exacerbated by the subject occurrence. All of the injuries listed above, and/or their sequellae, including the likelihood of the early onset of arthritis, are permanent in natureg The injuries stated above were asymptomatic, donnant, and/or a latent condition which was precipitated, activated, triggered, accelerated and/or otherwise aggravated by the subject accident, All the injuries pled herein and any other bill of particulars previously served to the extent that any ofthe injuries were pre-existing and or latent the injuries were asymptomatic, dormant, and/or a lent condition which was precipitated, activated, triggered, accelerated and/or otherwise aggravated by the subject aecidentg ll Plaintiff objects to the demand for names and addresses of the facilities, treating physicians and date of admission and discharge for each facility that he trmted with as evidentiary in nature and beyond the scope of a bill of particulars. However, without waiving said objection, this information has been provided under a separate cover entitled Notice of Medical _5_ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 Exchange. 12. Plaintiff was confined toz a. Bed for three (3) monthsg b. Home for three (3) monthsg 13. Plaintiff was incapacitated from work for approximately three (3) weeks following the occurrence. 14. Total amounts claimed as special damages forz a. Physician servicest 550,000 and continuingg b. Hospital expensesz SlO0,000g c. Plaintiff is claiming lost eamings in the amount of S3,000.00g 15. Plaintiff obj ects to the demand for names and last known addresses of any witnesses to the occurrence herein as evidentiaiy in nature and beyond the scope of a bill of paniculars. However, without waiving said objection, this infonnation if applicable has been provided under a separate cover entitled Response to Combined Demands. 16. Plaintiff objects to the demand for the name and last known address of any person who has information concerning the condition of the vehicle owned by the plaintiff as it is evidentiaty in nature and beyond the scope of a bill of particulars and the proper subject of a deposition. Furthermore, plaintiff was on a bicycle. 17. At the time of the occurrence plaintiff was employed by Socrates Sculpture Park, 32- Ol Vemon Blvd, Long Island City, NY 1 1 106 and Janeis Carousel, Old Dock St, Brooklyn, NY 1l201. 18. Objection. Inapplicable as plaintiffwas not a student at the time of the occurrence. 19. Plaintiff objects to this demand as evidentiary in nature and beyond the scope ofabill .7- FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 of particulars. However, without waiving sa.idobjection an authorization to obtain collateral source infomiation is being provided under separate cover entitled Response to Combined Demands. 20. The plaintiff sustained a fracture. 21. Plaintiff objects to the demand for whether plaintiff is claiming aggravation or precipitation ofpre-existing injury or condition as itisevidentiary in nature and beyond the scope of a bill of particulars and the proper subject of a deposition. 22. Objection. lnapplicable as plaintiff is not claiming loss of service. 23 -25, Objection. Inapplicable as plaintiff is not alleging wrongful death and/or conscious pain and suffering. Datedz Brooklyn, New York January l5, 2020 GEORGAKLIS 84 MALLAS, PLLC /V /by /_ Byz Kostantinos Mallas, Esq. Attomeys for Plaintiffi LEANDER KNUST 9118 Fifth Avenue Brooklyn, New York 11209 (718) 238-2400 T01 Adrianne J. Leven, Esq. BAKER, MCEVOY, MORRISSEY 84 MOSKOVITS, P.C. Attorney for Defendantsz AMRITPAL SINGH and MDAMRJT TAXI INC. One Metrotech Center, 8th Floor Brooklyn, NY 11201 (212) 857-8230 _8_ FILED: NEW YORK COUNTY CLERK 10/25/2022 02:37 PM INDEX NO. 156977/2019 NYSCEF DOC. NO. 32 RECEIVED NYSCEF: 10/25/2022 VERIFICATION Kostantinos Mallas, an attomey duly admitted to practice in the State of New York affirms the following under penalties of perjuiyz I am a member of Georgaklis 8c Mallas, PLLC, attomeys for the plaintiff in the captioned action. Ihave read the foregoing and know the contents thereof, Upon infomiation and belief, I believe the matters alleged therein to be true. The reason this Verification is made by me and not by plaintiff is that the plaintitfresides in a county other than the one in which the plaintiffs attomeys maintain their ofiices. The source of my information and the grounds for my beliefs are communications, papers, reports and investigations contained in the litigation tile. Datedz Brooklyn, New York January 15, 2020 V KOSTANTINOS MALLA5 _ 9 _