Preview
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______________ --------------------------------- ¬---------X
JULISSA ESCANO,
Index No.: 521833/18
Plaintiff,
-against- VERIFIED BILL OF
PARTICULARS
5223 3 AVENUE LLC, BEST WORK INC., and
MENDIETA CONSTRUCTION INC.,
Defendants.
_________ ------------------------------- X
Plaintiff, JULISSA ESCANO, by her attorneys, PONTISAKOS & BRANDMAN,
P.C., set forth the following as and for their Bill of Particulars in response to the demands of the
defendant, BEST WORK INC., alleges as follows:
1. Plaintiff's full name is JULISSA ESCANO RODRIGUEZ. Plaintiff is not known
by any other name.
2. Plaintiff's date of birth is September 25, 1998. Her social security number is
8th
and resides at 5005 Avenue, Brooklyn, New York 11220.
3. Not applicable.
4. The accident occurred on February 25, 2018 at approximately 8:05 P.M. The
weather was clear.
3rd
5. The accident occurred on the sidewalk in front of the premises known as 5223
Avenue, Brooklyn, New York. Photographs of the exact location are annexed to plaintiff's
Response to Combined Demands.
6. The defendant, itsagents, licensees, servants and/or employees were careless,
reckless and negligent in the ownership, operation, management, maintenance, repair and control
1 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
of the aforesaid area as follows; failing to provide plaintiff with a safe place to walk; allowing a
tripping/slipping hazard to exist; causing a tripping/slipping hazard to exist; failing to correct
said hazard; failing to inspect properly said area; failing to properly maintain said area; causing
and/or permitting unsafe conditions to exist at the aforesaid location which conditions constituted
a danger, hazard and menace to the safety of the plaintiff; causing and/or permitting hazardous
and dangerous conditions to exist in violation of law; in allowing a hole-ridden, broken, cracked,
raised, depressed, uneven sidewalk condition to exist; in causing a hole-ridden, broken, cracked,
raised, depressed, uneven sidewalk condition to exist; failing to take necessary steps and
measures to protect the life and/or well-being the plaintiff; causing and/or permitting the
existence of a condition which was dangerous, hazardous and unsafe; causing, permitting and/or
allowing said condition to be, become and remain unsafe for members of the general public to
traverse; causing a hazard to persons lawfully present on the aforesaid premises; in that itdid not
provide the plaintiff with a proper area to walk; in failing and omitting to post sign(s), give
signal(s) or warning of the aforesaid conditions or person(s), tenant(s) or others; causing and/or
permitting the aforementioned conditions to be existent for such a period of time prior to the
accident, that the defendants, their agents, servants and/or employees knew or should have
known that such hazardous and dangerous condition would present a hazard and danger to
persons present on the premises, including the plaintiff; failing to correct or remedy such
conditions all of which defendant had actual and constructive notice; failing to inspect the said
area; failing to maintain said area; failing to properly repair said area; failing to warn or apprise
the plaintiff of the danger to plaintiffs person; failing to properly barricade or safeguard said
conditions; allowing a dangerous condition to exist causing a hazard to the life and limb of
plaintiff; failing to use reasonable care, caution and forbearance that should have been exercised
2 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
under the circumstances and the situation that prevailed and existed at the time and place of the
said occurrence; in violating the laws of the State of New York and the rules, regulations and
ordinances of the City of New York and County of Kings in force and effect at the time of
happening of this accident; all these conditions defendants, their agents, servants and/or
employees had due notice of or by reasonable care and inspection should have known and
corrected and/or safeguarded same.
7. This information is best known to the defendant.
8. Both actual and constructive notice are claimed.
8a. Actual notice is claimed in that the defendant, through itsagent(s), servant(s),
worker(s) and/or employee(s) knew of the said defects and dangerous conditions that caused the
occurrence. The names of the agents of defendant who received actual notice is known by them.
Plaintiff reserve the right to provide this information, when known. Furthermore, defendants
caused and/or created the condition.
9. Not applicable.
10. Pursuant to the holding of Langella v. D'Agostino. 471 N.Y.S.2d 454, where no
specific allegation of a defendant's violation of law has been made in a complaint, such
violations need not be particularized until all disclosure has been completed. No allegation of
violation of law by defendant has been made in the Complaint herein. Accordingly, plaintiff
reserves the right not to particularize any such violation until the completion of disclosure herein.
The Honorable Court is respectfully requested to take judicial notice of each and all of those
laws, codes, customs, official directives, statutes, ordinances, rules and/or regulations which were
or may have been violated, breached, disregarded, not heeded, disobeyed, not observed, not
conformed to and/or not complied with by the acts and omissions set forth herein.
3 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
11. Not applicable.
12. Not applicable.
13. As a result of defendant's negligence, plaintiff, JULISSA ESCANO,
sustained the following personal injuries:
- Right knee derangement;
- Extensive hypertrophic right
synovitis, knee;
- Lateral meniscus right
tear, knee;
- The above injuries to plaintiff's right knee required surgical intervention
including; arthroscopy; synovectomy and partial lateral meniscetomy;
- Left knee derangement;
- Left shoulder derangement;
- Infraspinatus left shoulder.
tendinosis,
The above injuries involved the surrounding nerves, tendons, muscles, blood vessels,
muscles, ligaments and connective tissue in and around the above set forth area.
The above injuries are degenerative in nature and, within reasonable medical certainty,
will worsen with the onset of inflammation and then arthritis and decreasing range of motion.
Surgery and continued medical care and monitoring is needed.
Upon information and belief, all of the above described injuries are permanent and
progressive, except those of a superficial nature.
4 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
14a. Plaintiff was confined to hospital as follows:
NYU Lutheran
NYU Langone Health System
55th
150
Brooklyn, NY 11220-2508
Medical Record No.: 11072658
Room Treatment - 2018
Emergency February 25,
Surgicore Surgical Center of Jersey City
550 Newark Avenue
5th
FlOOr
Jersey City, New Jersey 07306
of October 2018- Right knee
Surgery 3,
14b. Plaintiff was confined to bed intermittently from the date of the accident to date
and continuing.
14c. Plaintiff was confined to house for approximately one (1) month following
the accident, and intermittently thereafter to date and continuing.
15. Radiology tests were performed at:
Lenox Hill Radiology
3rd
6740 Avenue
Brooklyn, New York 11220
16. Plaintiff was treated by the following physicians:
Advanced Orthopedics, PLLC
Dov J. Berkowtiz, M.D
80-02 Kew Gardens Road
5th
FlOOr
Kew Gardens, New York 11415
Surgeon
paragraph" 16"
17. See plaintiff's response in hereinabove.
18. Not applicable.
19a. Macy's, 422 Fulton Street, Brooklyn, New York 11201.
19b. Customer service.
5 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
19c. Approximately $400.00 per week.
19d. Intermittently from date of the accident to date and continuing.
19e. Unavailable. Will be provided when avaliable.
20. Not applicable.
"19a"
21a. See plaintiff's response in paragraph hereinabove.
"19b"
21b. See plaintiff's response in paragraph hereinabove.
"19c"
21c. See plaintiff's response in paragraph hereinabove.
22. As a result of the incident complained of, plaintiff, JULISSA ESCANO,
sustained the following special damages:
(a) Hospital expenses: Approximately $10,000.00 to date and continuing;
(b) Physicians services: Approximately $15,000.00 to date and continuing;
(c) Radiology: Included in physician and hospital expenses;
Medical supplies: - None at this
(d) time;
Nurses'
(e) services: Included in hospital expenses.
Physical/occupational services - none at this time.
(f) therapy
23. None at this time.
24. Not applicable.
25. Not applicable.
26. Not applicable. Plaintiff is single.
27. Not applicable.
Dated: Garden City, New York
January 7, 2019
6 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
Yours etc.,
PONTISA NDMAN, P.C.
By·
ohn . Pontisakos
At eys for Plaintiff
60 Old Country Road, Ste. 323
Garden City, NY 11530
(516) 683-8888
To:
LANDMAN CORSI BALLAINE & FORD P.C.
Attorneys For Defendant
BEST WORK INC.
One Gateway Center
4th
FlOOr
Newark, New Jersey 07102
(973) 623-2700
LAW OFFICES OF YANG & PARTNERS
Attorneys For Defendant
5223 3AVE LLC
9 East Broadway
Suite 302
New York, New York 10038
(212) 608-3888
HOFFMAN ROTH & MATLIN, LLP
Attorneys For Defendant
MENDIETA CONSTRUCTION INC.
8th
505
Suite 1704
New York, New York 10018
(212) 964-1890
File No.: 8179
7 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
VERIFICATION
John D. Pontisakos, an attorney duly admitted to practice law before the courts of the
State of New York, hereby affirms the truth of the following under the penalties of perjury:
Affirmant is counsel to the plaintiff in the within action.
Affirmant has read the foregoing BILL OF PARTICULARS and knows the contents
thereof.
The same is true of Affirmant's own knowledge, except as to matters therein stated to be
alleged upon information and belief, and as to those matters, Affirmant believes them to be true.
This verification is made by Affirmant and not by the plaintiff as plaintiff does not reside
within Nassau County, the county where Affirmant's office is located.
The grounds of Affirmant's belief as to all matters not stated upon Affirmant's knowledge
are as follows: records, reports, documents, papers, conversations with client(s) concerning the
within matter, etc.
Dated: Garden City, New York
January 7, 2019
John . ontisakos
8 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
- ---------------------- ---------------X
JULISSA ESCANO, Index No.: 521833/18
Plaintiff,
-against- RESPONSE TO
COMBINED
DEMANDS
5223 3 AVENUE LLC, BEST WORK INC., and
MENDIETA CONSTRUCTION INC.,
Defendants.
---- ------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that plaintiff, JULISSA ESCANO, by her attorneys,
PONTISAKOS & BRANDMAN, P.C., as and for her Response to the Discovery Demands of
defendant, BEST WORK INC., sets forth as follows:
RESPONSE TO DEMAND FOR NAMES AND
ADDRESSES OF EYE WITNESSES
None.
RESPONSE TO DEMAND FOR ADVERSE
PARTY STATEMENTS
Plaintiff is not aware, at this time, of any written or recorded adverse party statements.
RESPONSE TO DEMAND FOR PHOTOGRAPHS
Annexed hereto are photocopies of two (2) photographs depicting an area at or about the
scene of the accident.
9 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
RESPONSE TO DEMAND FOR MEDICAL
RECORDS AND AUTHORIZATIONS
A power of attorney is annexed hereto along with HIPAA authorizations for the following
health care providers are annexed hereto as follows:
NYU Lutheran
NYU Langone Health System
55th
150
Brooklyn, NY 11220-2508
Medical Record No.: 11072658
Room Treatment - 2018
Emergency February 25,
Surgicore Surgical Center of Jersey City
550 Newark Avenue
5th
FlOOr
Jersey City, New Jersey 07306
of October 2018- Right knee
Surgery 3,
Advanced Orthopedics, PLLC
Dov J. Berkowtiz, M.D
80-02 Kew Gardens Road
5th
FlOOr
Kew Gardens, New York 11415
Surgeon
Lenox Hill Radiology
3'd
6740 Avenue
Brooklyn, New York 11220
RESPONSE TO DEMAND FOR EMPLOYMENT AUTHORIZATION
A power of attorney is annexed hereto along with HIPAA authorization to obtain the
following employment records for two (2) years prior to the present:
Macy's
433 Fulton Street
Brooklyn, New York 11201
10 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
COLLATERAL SOURCE INFORMATION
None.
RESPONSE TO DEMAND FOR EXPERT
WITNESS IDENTIFICATION
At the time of trial,plaintiff reserves the right to call any and alltreating health care
providers as expert witnesses. The substance of their testimony is contained in their records
and/or reports and/or the Bill of Particulars. Their expertise and training is medical in nature.
Dated: Garden City, New York
January 7, 2019
Yours, etc.
PONT S & BRA , P.C.
By: hn D. Pontisakos
Atto eys for Plaintiff
600 Old Country Road, Ste. 323
Garden City, NY 11530
(516) 683-8888
To:
LANDMAN CORSI BALLAINE & FORD P.C.
Attorneys For Defendant
BEST WORK INC.
One Gateway Center
4th
FlOOr
Newark, New Jersey 07102
(973) 623-2700
11 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
LAW OFFICES OF YANG & PARTNERS
Attorneys For Defendant
5223 3AVE LLC
9 East Broadway
Suite 302
New York, New York 10038
(212) 608-3888
HOFFMAN ROTH & MATLIN, LLP
Attorneys For Defendant
MENDIETA CONSTRUCTION INC.
8th
505
Suite 1704
New York, New York 10018
(212) 964-1890
File No.: 8179
12 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
OCA OfficialForm No.:960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health]
PatientName Date of Birth SocialSecurity Number
JULISSA ESCANO September 25, 1998
Patient Address
5005 8th Avenue, Apt 3F, Brooklyn, New York 11220
I,or my authorized representative,request thathealthinformation regarding my careand treatment be released as set forth
on thisform:
In accordance with New York StateLaw and the Privacy Rule ofthe Health Insurance and
Portability Accountability Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relatingto ALCOHOL and DRUG ABUSE, MENTAL HEALTH
except and CONFIDENTIAL HIV* RELATED INFORMATION ifI place on
initials
TREATMENT, psychotherapy notes, only my
the appropriateline inItem 9(a). In the event thehealth information described below includesany of these types ofinformation, and I
initial
the lineon the box inItem 9(a), I specifically
authorizerelease ofsuch information to theperson(s) indicatedin Item 8.
2. If Iam authorizing the releaseof HIV-related, alcohol or drug treatmcñt,or mental healthtreatment information, the recipientis
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I
understand that I havethe righttorequest a list
of people who may receiveor use my HIV-related information without authorization.If
I experiencediscrimination because of the releaseor disclosureof HIV-related information, Imay contact theNew York StateDivision
of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are
responsiblefor protectingmy rights.
3. I have the righttorevoke thisauthorization atany time by writingto thehealth care provider listed
below. I understand thatI may
revoke thisauthorization except tothe extentthataction has already been taken based on thisauthorization.
4. I understand thatsigning thisauthorization is voluntary. My treatment, payment, enrollment in a health plan, or for
eligibility
benefitswill notbe conditioned upon my authorizationof thisdisclosure.
5. Information disclosed under thisauthorization might be redisclosed by the recipient(except as noted above in Item 2), and this
redisclosuremay no longerbe protected by federalor statelaw.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7. Name and address ofhealth provider or entitytorelease thisinformation:
NYU Lutheran Medical Center, 150 55th Street, Brooklyn, New York 11220
8. Name and address ofperson(s) orcategory of person towhom thisinformation willbe sent:
LANDMAN CORSI BALLAINE & FORD, P.C., One Gateway Center, 4th Floor, Newark, New Jersey 07102
9(a). Specificinformation to be released:
O Medical Record from (insertdate) February 25, 2018_ to(insertdate) Present
O EntireMedical Record, includingpatient office
histories, notes (except psychotherapy notes),testresults,
radiology studies,
films,
referrals,
consults,billingrecords, insurancerecords, and records sentto you by other healthcare providers.
0 Other: Include bills,records, receipts, Include:(Indicate by iñitialiñg)
diagnostic tests, MRI films,etc
Alcohol/Drug Treatment
Mental Health Information
Authorization to DiscussHealth Information HIV-Related Information
(b)O By here
initialing I authorize
Initials Name of individual
healthcare provider
todiscuss my healthinformation with my or
attorney, a governmental agency, listedhere:
(Attomey/FirmName or GovernmentalAgency Name)
10. Reason forreleaseof information: 1 1.Date or event on which thisauthorizationwill expire:
O At requestof individual
0 Other: Litigation Upon em-.piti ,n of litigation
12. Ifnot the patient,name ofperson signingform: 13. Authority to signon behalfof patient:
John D. Pontisakos Power of Attorney
Allitems on thisf e been domp!ctcd and my questionsabout thisform have been a w red.In eddition,I havebeen provided a
copy of the fo
Date:
Signatureof ti or representativeauthorized by law.
* Human Virus that New York StatePublic Health Law protectsinformationwhich could
!rpsr±ficiency causes AIDS. The re:mably
identifysomeone as havingHIV symptoms or infectisñand informationregarding a person'scontacts.
13 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
OCA OfficialForm No.:960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
[This form has been approved by the New York State Department of Health]
Patient Name Date of Birth Social SecurityNumber
JULISSA ESCANO Sept=bar 25, 1998
Patient Address
5005 8th Avenue, Apt 3F, Brooklyn, New York 11220
I,or my authorized representative,request thathealthinformation regarding my careand treatment be released as setforthon thisform:
In accordance with New York StateLaw and the PrivacyRule of theHealth Insurance and
Portability Accestabili'y Act of 1996
(HIPAA), I understand that:
1. This authorization may include disclosure of information relatingto ALCOHOL and DRUG ABUSE, MENTAL HEALTH
except and CONFIDENTIAL HIV* RELATED INFORMATION ifI place initials
on
TREATMENT, psychotherapy notes, only my
the appropriateline inItem 9(a). In the event thehealth information described below includes any of these typesof informaticii,and I
initial
the lineon the box inItem 9(a), I specifically
authorizerelease ofsuch information to theperson(s) indicatedin Item 8.
2. If Iam authorizing the releaseof HIV-related, alcohol or drug treatment, or mental healthtreatment information, the recipientis
prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I
understand thatI have the righttorequest a list
of people who may receiveor use my HIV-related information without authorization.If
I experience discrimiiiaticii
because of the releaseor disclosureof HIV-related information, I may contact theNew York StateDivision
of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are
responsiblefor protectingmy rights.
3. I have the rightto revoke thisauthorization atany time by writingto thehealth care provider listed
below. I understand thatI may
revoke thisauthorization except tothe extentthat actionhas already been taken based on thisauthorization.
4. I understand thatsigning thisauthorization is voluntary. My treatment, payment, enrollment in a health plan, or for
eligibility
benefitswill notbe conditioned upon my authorizationof thisdisclosure.
5. Information disclosedunder thisauthorization might be redisclosed by the recipient(except as noted above in Item 2), and this
redisclosuremay no longerbe protected by federalor statelaw.
6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL
CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b).
7. Name and address of healthprovider or entitytorelease thisinformation:
SURGICORE OF JERSEY CITY, 550 Newark Avenue, Jersey City, New Jersey 07306
8. Name and address of person(s)or categoryof person to whom thisinformation willbe sent:
LANDMAN CORSI BALLAINE & FORD, P.C., One Gateway Center, 4th Floor, Newark, New Jersey 07102
9(a). Specificinformation to be released:
0 Medical Record from (insertdate) October 3, 2018 to(insertdate) Present
O EntireMedical Record, includingpatient office
histories, notes (except psychotherapy notes),testresults,radiology studies,
films,
referrals,
consults,billingrecords, insurance records,and records sentto you by other healthcare providers.
0 Other: Include bills,
records, reccipts, Include: (Indicateby Initialing)
diagnostic tests, MRI films,etc
Alcohol/Drug Treatment
Mental Health Information
Authorization to Discuss Health liif6riiiâGssi HIV-Related Information
(b)O By here
initialing I authorize
Initials Name ofindividualhealthcare provider
to discussmy healthinformation with my or
attorney, a governmental agency, listedhere:
(Attomey/FirmName or Governmental Agency Name)
10. Reason forreleaseof information: 11. Date or event on which thisauthorizationwill expire:
O At requestof individual
0 Other: Litigation Upon completion of litigation
12. Ifnot the patient,name ofperson signing form: 13. Authority to signon behalfof patient:
John D. Pontisakos Power of Attorney
All items on thisform av been co p!etedand my questions about thisform have been ans er d.In addition,I havebeen provided a
copy of the form.
Date:
Signatureof pat nt or resentativeauthorized by law.
* Human Virus thatcauses AIDS. The New York StatePublic Health Law protectsiiifermaticii
which could
!r=:r.;f;ficicacy reereneMy
identifysamcGiic as havingHIV symptoms or infectionand information a person's
regardisig contacts.
14 of 31
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019
OCA OfficialForm No.:960
AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA
¤'
[This form has been approved by the New York State Department of Health]
Patient Name Date of Birth Social SecurityNumber
JULISSA ESCANO September 25, 1998
Patient Address
5005 8th Avenue, Apt 3F, Brooklyn, New York 11220
I,or my authorized representative,request thathealthinformatics regarding my careand treatment be released as setforthon thisform:
In accordance with New York StateLaw and the PrivacyRule of theHeal
Preview
FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _______________ --------------------------------- ¬---------X JULISSA ESCANO, Index No.: 521833/18 Plaintiff, -against- VERIFIED BILL OF PARTICULARS 5223 3 AVENUE LLC, BEST WORK INC., and MENDIETA CONSTRUCTION INC., Defendants. _________ ------------------------------- X Plaintiff, JULISSA ESCANO, by her attorneys, PONTISAKOS & BRANDMAN, P.C., set forth the following as and for their Bill of Particulars in response to the demands of the defendant, BEST WORK INC., alleges as follows: 1. Plaintiff's full name is JULISSA ESCANO RODRIGUEZ. Plaintiff is not known by any other name. 2. Plaintiff's date of birth is September 25, 1998. Her social security number is 8th and resides at 5005 Avenue, Brooklyn, New York 11220. 3. Not applicable. 4. The accident occurred on February 25, 2018 at approximately 8:05 P.M. The weather was clear. 3rd 5. The accident occurred on the sidewalk in front of the premises known as 5223 Avenue, Brooklyn, New York. Photographs of the exact location are annexed to plaintiff's Response to Combined Demands. 6. The defendant, itsagents, licensees, servants and/or employees were careless, reckless and negligent in the ownership, operation, management, maintenance, repair and control 1 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 of the aforesaid area as follows; failing to provide plaintiff with a safe place to walk; allowing a tripping/slipping hazard to exist; causing a tripping/slipping hazard to exist; failing to correct said hazard; failing to inspect properly said area; failing to properly maintain said area; causing and/or permitting unsafe conditions to exist at the aforesaid location which conditions constituted a danger, hazard and menace to the safety of the plaintiff; causing and/or permitting hazardous and dangerous conditions to exist in violation of law; in allowing a hole-ridden, broken, cracked, raised, depressed, uneven sidewalk condition to exist; in causing a hole-ridden, broken, cracked, raised, depressed, uneven sidewalk condition to exist; failing to take necessary steps and measures to protect the life and/or well-being the plaintiff; causing and/or permitting the existence of a condition which was dangerous, hazardous and unsafe; causing, permitting and/or allowing said condition to be, become and remain unsafe for members of the general public to traverse; causing a hazard to persons lawfully present on the aforesaid premises; in that itdid not provide the plaintiff with a proper area to walk; in failing and omitting to post sign(s), give signal(s) or warning of the aforesaid conditions or person(s), tenant(s) or others; causing and/or permitting the aforementioned conditions to be existent for such a period of time prior to the accident, that the defendants, their agents, servants and/or employees knew or should have known that such hazardous and dangerous condition would present a hazard and danger to persons present on the premises, including the plaintiff; failing to correct or remedy such conditions all of which defendant had actual and constructive notice; failing to inspect the said area; failing to maintain said area; failing to properly repair said area; failing to warn or apprise the plaintiff of the danger to plaintiffs person; failing to properly barricade or safeguard said conditions; allowing a dangerous condition to exist causing a hazard to the life and limb of plaintiff; failing to use reasonable care, caution and forbearance that should have been exercised 2 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 under the circumstances and the situation that prevailed and existed at the time and place of the said occurrence; in violating the laws of the State of New York and the rules, regulations and ordinances of the City of New York and County of Kings in force and effect at the time of happening of this accident; all these conditions defendants, their agents, servants and/or employees had due notice of or by reasonable care and inspection should have known and corrected and/or safeguarded same. 7. This information is best known to the defendant. 8. Both actual and constructive notice are claimed. 8a. Actual notice is claimed in that the defendant, through itsagent(s), servant(s), worker(s) and/or employee(s) knew of the said defects and dangerous conditions that caused the occurrence. The names of the agents of defendant who received actual notice is known by them. Plaintiff reserve the right to provide this information, when known. Furthermore, defendants caused and/or created the condition. 9. Not applicable. 10. Pursuant to the holding of Langella v. D'Agostino. 471 N.Y.S.2d 454, where no specific allegation of a defendant's violation of law has been made in a complaint, such violations need not be particularized until all disclosure has been completed. No allegation of violation of law by defendant has been made in the Complaint herein. Accordingly, plaintiff reserves the right not to particularize any such violation until the completion of disclosure herein. The Honorable Court is respectfully requested to take judicial notice of each and all of those laws, codes, customs, official directives, statutes, ordinances, rules and/or regulations which were or may have been violated, breached, disregarded, not heeded, disobeyed, not observed, not conformed to and/or not complied with by the acts and omissions set forth herein. 3 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 11. Not applicable. 12. Not applicable. 13. As a result of defendant's negligence, plaintiff, JULISSA ESCANO, sustained the following personal injuries: - Right knee derangement; - Extensive hypertrophic right synovitis, knee; - Lateral meniscus right tear, knee; - The above injuries to plaintiff's right knee required surgical intervention including; arthroscopy; synovectomy and partial lateral meniscetomy; - Left knee derangement; - Left shoulder derangement; - Infraspinatus left shoulder. tendinosis, The above injuries involved the surrounding nerves, tendons, muscles, blood vessels, muscles, ligaments and connective tissue in and around the above set forth area. The above injuries are degenerative in nature and, within reasonable medical certainty, will worsen with the onset of inflammation and then arthritis and decreasing range of motion. Surgery and continued medical care and monitoring is needed. Upon information and belief, all of the above described injuries are permanent and progressive, except those of a superficial nature. 4 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 14a. Plaintiff was confined to hospital as follows: NYU Lutheran NYU Langone Health System 55th 150 Brooklyn, NY 11220-2508 Medical Record No.: 11072658 Room Treatment - 2018 Emergency February 25, Surgicore Surgical Center of Jersey City 550 Newark Avenue 5th FlOOr Jersey City, New Jersey 07306 of October 2018- Right knee Surgery 3, 14b. Plaintiff was confined to bed intermittently from the date of the accident to date and continuing. 14c. Plaintiff was confined to house for approximately one (1) month following the accident, and intermittently thereafter to date and continuing. 15. Radiology tests were performed at: Lenox Hill Radiology 3rd 6740 Avenue Brooklyn, New York 11220 16. Plaintiff was treated by the following physicians: Advanced Orthopedics, PLLC Dov J. Berkowtiz, M.D 80-02 Kew Gardens Road 5th FlOOr Kew Gardens, New York 11415 Surgeon paragraph" 16" 17. See plaintiff's response in hereinabove. 18. Not applicable. 19a. Macy's, 422 Fulton Street, Brooklyn, New York 11201. 19b. Customer service. 5 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 19c. Approximately $400.00 per week. 19d. Intermittently from date of the accident to date and continuing. 19e. Unavailable. Will be provided when avaliable. 20. Not applicable. "19a" 21a. See plaintiff's response in paragraph hereinabove. "19b" 21b. See plaintiff's response in paragraph hereinabove. "19c" 21c. See plaintiff's response in paragraph hereinabove. 22. As a result of the incident complained of, plaintiff, JULISSA ESCANO, sustained the following special damages: (a) Hospital expenses: Approximately $10,000.00 to date and continuing; (b) Physicians services: Approximately $15,000.00 to date and continuing; (c) Radiology: Included in physician and hospital expenses; Medical supplies: - None at this (d) time; Nurses' (e) services: Included in hospital expenses. Physical/occupational services - none at this time. (f) therapy 23. None at this time. 24. Not applicable. 25. Not applicable. 26. Not applicable. Plaintiff is single. 27. Not applicable. Dated: Garden City, New York January 7, 2019 6 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 Yours etc., PONTISA NDMAN, P.C. By· ohn . Pontisakos At eys for Plaintiff 60 Old Country Road, Ste. 323 Garden City, NY 11530 (516) 683-8888 To: LANDMAN CORSI BALLAINE & FORD P.C. Attorneys For Defendant BEST WORK INC. One Gateway Center 4th FlOOr Newark, New Jersey 07102 (973) 623-2700 LAW OFFICES OF YANG & PARTNERS Attorneys For Defendant 5223 3AVE LLC 9 East Broadway Suite 302 New York, New York 10038 (212) 608-3888 HOFFMAN ROTH & MATLIN, LLP Attorneys For Defendant MENDIETA CONSTRUCTION INC. 8th 505 Suite 1704 New York, New York 10018 (212) 964-1890 File No.: 8179 7 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 VERIFICATION John D. Pontisakos, an attorney duly admitted to practice law before the courts of the State of New York, hereby affirms the truth of the following under the penalties of perjury: Affirmant is counsel to the plaintiff in the within action. Affirmant has read the foregoing BILL OF PARTICULARS and knows the contents thereof. The same is true of Affirmant's own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters, Affirmant believes them to be true. This verification is made by Affirmant and not by the plaintiff as plaintiff does not reside within Nassau County, the county where Affirmant's office is located. The grounds of Affirmant's belief as to all matters not stated upon Affirmant's knowledge are as follows: records, reports, documents, papers, conversations with client(s) concerning the within matter, etc. Dated: Garden City, New York January 7, 2019 John . ontisakos 8 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - ---------------------- ---------------X JULISSA ESCANO, Index No.: 521833/18 Plaintiff, -against- RESPONSE TO COMBINED DEMANDS 5223 3 AVENUE LLC, BEST WORK INC., and MENDIETA CONSTRUCTION INC., Defendants. ---- ------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that plaintiff, JULISSA ESCANO, by her attorneys, PONTISAKOS & BRANDMAN, P.C., as and for her Response to the Discovery Demands of defendant, BEST WORK INC., sets forth as follows: RESPONSE TO DEMAND FOR NAMES AND ADDRESSES OF EYE WITNESSES None. RESPONSE TO DEMAND FOR ADVERSE PARTY STATEMENTS Plaintiff is not aware, at this time, of any written or recorded adverse party statements. RESPONSE TO DEMAND FOR PHOTOGRAPHS Annexed hereto are photocopies of two (2) photographs depicting an area at or about the scene of the accident. 9 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 RESPONSE TO DEMAND FOR MEDICAL RECORDS AND AUTHORIZATIONS A power of attorney is annexed hereto along with HIPAA authorizations for the following health care providers are annexed hereto as follows: NYU Lutheran NYU Langone Health System 55th 150 Brooklyn, NY 11220-2508 Medical Record No.: 11072658 Room Treatment - 2018 Emergency February 25, Surgicore Surgical Center of Jersey City 550 Newark Avenue 5th FlOOr Jersey City, New Jersey 07306 of October 2018- Right knee Surgery 3, Advanced Orthopedics, PLLC Dov J. Berkowtiz, M.D 80-02 Kew Gardens Road 5th FlOOr Kew Gardens, New York 11415 Surgeon Lenox Hill Radiology 3'd 6740 Avenue Brooklyn, New York 11220 RESPONSE TO DEMAND FOR EMPLOYMENT AUTHORIZATION A power of attorney is annexed hereto along with HIPAA authorization to obtain the following employment records for two (2) years prior to the present: Macy's 433 Fulton Street Brooklyn, New York 11201 10 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 COLLATERAL SOURCE INFORMATION None. RESPONSE TO DEMAND FOR EXPERT WITNESS IDENTIFICATION At the time of trial,plaintiff reserves the right to call any and alltreating health care providers as expert witnesses. The substance of their testimony is contained in their records and/or reports and/or the Bill of Particulars. Their expertise and training is medical in nature. Dated: Garden City, New York January 7, 2019 Yours, etc. PONT S & BRA , P.C. By: hn D. Pontisakos Atto eys for Plaintiff 600 Old Country Road, Ste. 323 Garden City, NY 11530 (516) 683-8888 To: LANDMAN CORSI BALLAINE & FORD P.C. Attorneys For Defendant BEST WORK INC. One Gateway Center 4th FlOOr Newark, New Jersey 07102 (973) 623-2700 11 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 LAW OFFICES OF YANG & PARTNERS Attorneys For Defendant 5223 3AVE LLC 9 East Broadway Suite 302 New York, New York 10038 (212) 608-3888 HOFFMAN ROTH & MATLIN, LLP Attorneys For Defendant MENDIETA CONSTRUCTION INC. 8th 505 Suite 1704 New York, New York 10018 (212) 964-1890 File No.: 8179 12 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 OCA OfficialForm No.:960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA [This form has been approved by the New York State Department of Health] PatientName Date of Birth SocialSecurity Number JULISSA ESCANO September 25, 1998 Patient Address 5005 8th Avenue, Apt 3F, Brooklyn, New York 11220 I,or my authorized representative,request thathealthinformation regarding my careand treatment be released as set forth on thisform: In accordance with New York StateLaw and the Privacy Rule ofthe Health Insurance and Portability Accountability Act of 1996 (HIPAA), I understand that: 1. This authorization may include disclosure of information relatingto ALCOHOL and DRUG ABUSE, MENTAL HEALTH except and CONFIDENTIAL HIV* RELATED INFORMATION ifI place on initials TREATMENT, psychotherapy notes, only my the appropriateline inItem 9(a). In the event thehealth information described below includesany of these types ofinformation, and I initial the lineon the box inItem 9(a), I specifically authorizerelease ofsuch information to theperson(s) indicatedin Item 8. 2. If Iam authorizing the releaseof HIV-related, alcohol or drug treatmcñt,or mental healthtreatment information, the recipientis prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I understand that I havethe righttorequest a list of people who may receiveor use my HIV-related information without authorization.If I experiencediscrimination because of the releaseor disclosureof HIV-related information, Imay contact theNew York StateDivision of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are responsiblefor protectingmy rights. 3. I have the righttorevoke thisauthorization atany time by writingto thehealth care provider listed below. I understand thatI may revoke thisauthorization except tothe extentthataction has already been taken based on thisauthorization. 4. I understand thatsigning thisauthorization is voluntary. My treatment, payment, enrollment in a health plan, or for eligibility benefitswill notbe conditioned upon my authorizationof thisdisclosure. 5. Information disclosed under thisauthorization might be redisclosed by the recipient(except as noted above in Item 2), and this redisclosuremay no longerbe protected by federalor statelaw. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b). 7. Name and address ofhealth provider or entitytorelease thisinformation: NYU Lutheran Medical Center, 150 55th Street, Brooklyn, New York 11220 8. Name and address ofperson(s) orcategory of person towhom thisinformation willbe sent: LANDMAN CORSI BALLAINE & FORD, P.C., One Gateway Center, 4th Floor, Newark, New Jersey 07102 9(a). Specificinformation to be released: O Medical Record from (insertdate) February 25, 2018_ to(insertdate) Present O EntireMedical Record, includingpatient office histories, notes (except psychotherapy notes),testresults, radiology studies, films, referrals, consults,billingrecords, insurancerecords, and records sentto you by other healthcare providers. 0 Other: Include bills,records, receipts, Include:(Indicate by iñitialiñg) diagnostic tests, MRI films,etc Alcohol/Drug Treatment Mental Health Information Authorization to DiscussHealth Information HIV-Related Information (b)O By here initialing I authorize Initials Name of individual healthcare provider todiscuss my healthinformation with my or attorney, a governmental agency, listedhere: (Attomey/FirmName or GovernmentalAgency Name) 10. Reason forreleaseof information: 1 1.Date or event on which thisauthorizationwill expire: O At requestof individual 0 Other: Litigation Upon em-.piti ,n of litigation 12. Ifnot the patient,name ofperson signingform: 13. Authority to signon behalfof patient: John D. Pontisakos Power of Attorney Allitems on thisf e been domp!ctcd and my questionsabout thisform have been a w red.In eddition,I havebeen provided a copy of the fo Date: Signatureof ti or representativeauthorized by law. * Human Virus that New York StatePublic Health Law protectsinformationwhich could !rpsr±ficiency causes AIDS. The re:mably identifysomeone as havingHIV symptoms or infectisñand informationregarding a person'scontacts. 13 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 OCA OfficialForm No.:960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA [This form has been approved by the New York State Department of Health] Patient Name Date of Birth Social SecurityNumber JULISSA ESCANO Sept=bar 25, 1998 Patient Address 5005 8th Avenue, Apt 3F, Brooklyn, New York 11220 I,or my authorized representative,request thathealthinformation regarding my careand treatment be released as setforthon thisform: In accordance with New York StateLaw and the PrivacyRule of theHealth Insurance and Portability Accestabili'y Act of 1996 (HIPAA), I understand that: 1. This authorization may include disclosure of information relatingto ALCOHOL and DRUG ABUSE, MENTAL HEALTH except and CONFIDENTIAL HIV* RELATED INFORMATION ifI place initials on TREATMENT, psychotherapy notes, only my the appropriateline inItem 9(a). In the event thehealth information described below includes any of these typesof informaticii,and I initial the lineon the box inItem 9(a), I specifically authorizerelease ofsuch information to theperson(s) indicatedin Item 8. 2. If Iam authorizing the releaseof HIV-related, alcohol or drug treatment, or mental healthtreatment information, the recipientis prohibited from redisclosing such information without my authorization unless permitted to do so under federal or state law. I understand thatI have the righttorequest a list of people who may receiveor use my HIV-related information without authorization.If I experience discrimiiiaticii because of the releaseor disclosureof HIV-related information, I may contact theNew York StateDivision of Human Rights at (212) 480-2493 or the New York City Commission of Human Rights at (212) 306-7450. These agencies are responsiblefor protectingmy rights. 3. I have the rightto revoke thisauthorization atany time by writingto thehealth care provider listed below. I understand thatI may revoke thisauthorization except tothe extentthat actionhas already been taken based on thisauthorization. 4. I understand thatsigning thisauthorization is voluntary. My treatment, payment, enrollment in a health plan, or for eligibility benefitswill notbe conditioned upon my authorizationof thisdisclosure. 5. Information disclosedunder thisauthorization might be redisclosed by the recipient(except as noted above in Item 2), and this redisclosuremay no longerbe protected by federalor statelaw. 6. THIS AUTHORIZATION DOES NOT AUTHORIZE YOU TO DISCUSS MY HEALTH INFORMATION OR MEDICAL CARE WITH ANYONE OTHER THAN THE ATTORNEY OR GOVERNMENTAL AGENCY SPECIFIED IN ITEM 9 (b). 7. Name and address of healthprovider or entitytorelease thisinformation: SURGICORE OF JERSEY CITY, 550 Newark Avenue, Jersey City, New Jersey 07306 8. Name and address of person(s)or categoryof person to whom thisinformation willbe sent: LANDMAN CORSI BALLAINE & FORD, P.C., One Gateway Center, 4th Floor, Newark, New Jersey 07102 9(a). Specificinformation to be released: 0 Medical Record from (insertdate) October 3, 2018 to(insertdate) Present O EntireMedical Record, includingpatient office histories, notes (except psychotherapy notes),testresults,radiology studies, films, referrals, consults,billingrecords, insurance records,and records sentto you by other healthcare providers. 0 Other: Include bills, records, reccipts, Include: (Indicateby Initialing) diagnostic tests, MRI films,etc Alcohol/Drug Treatment Mental Health Information Authorization to Discuss Health liif6riiiâGssi HIV-Related Information (b)O By here initialing I authorize Initials Name ofindividualhealthcare provider to discussmy healthinformation with my or attorney, a governmental agency, listedhere: (Attomey/FirmName or Governmental Agency Name) 10. Reason forreleaseof information: 11. Date or event on which thisauthorizationwill expire: O At requestof individual 0 Other: Litigation Upon completion of litigation 12. Ifnot the patient,name ofperson signing form: 13. Authority to signon behalfof patient: John D. Pontisakos Power of Attorney All items on thisform av been co p!etedand my questions about thisform have been ans er d.In addition,I havebeen provided a copy of the form. Date: Signatureof pat nt or resentativeauthorized by law. * Human Virus thatcauses AIDS. The New York StatePublic Health Law protectsiiifermaticii which could !r=:r.;f;ficicacy reereneMy identifysamcGiic as havingHIV symptoms or infectionand information a person's regardisig contacts. 14 of 31 FILED: KINGS COUNTY CLERK 01/08/2019 01:23 PM INDEX NO. 521833/2018 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/08/2019 OCA OfficialForm No.:960 AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION PURSUANT TO HIPAA ¤' [This form has been approved by the New York State Department of Health] Patient Name Date of Birth Social SecurityNumber JULISSA ESCANO September 25, 1998 Patient Address 5005 8th Avenue, Apt 3F, Brooklyn, New York 11220 I,or my authorized representative,request thathealthinformatics regarding my careand treatment be released as setforthon thisform: In accordance with New York StateLaw and the PrivacyRule of theHeal