Preview
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020
EXHIBIT “E”
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020
SUPREME COURT OF THE STATE OF NEV/ YORK
COUNTY OF NEW YORK
X
IAN MACDONALD, JAMES ROBERTS and
BETH ANN CASSIDY-ROBERTS, VERIFIED BILL
OF PARTICULARS
Plaintiffs,
Index No.: 155973/2oll
-against-
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL
a.k.a. THE SOCIETY OF THE NEIV YORK HOSPITAL
Defendants.
X
Plaintiffs, by their attorneys, MORGAN LEVTNE DOLAN, P.C., responding ro the
demands of Defendants for a Verified Bill of Particulars, alleges, upon information and belief, as
follows:
1. Plaintiff Ian MacDonald was born in 1966; plaintiff James Roberts was born in
1965.
2. The last four digits of plaintiff Ian MacDonald's social security number arc9L57;
the last four digits of plaintiff James Roberts' social security number are 5582.
3. The accident occurred on June 13,2017.
4. The accident occurred at approximately 9:30 a.m.
5. Plaintiff Ian MacDonald resides at 114 Union Valley, Mahopac, NY 10541;
plaintiff James Roberts resides at 99 Barnes Road, V/ashingtonville, NY 10992.
6. The accident occurred while plaintiffs were working at the construction site located
at 525 East 68th Street, New York, NY when a 2000-2500 pound crate full of tile and stone fell
from an elevated work platform while being lowered on a material hoist and struck plaintiffs when
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the hoist failed, broke and collapsed, causing the plaintiffs Ian MacDonald and James Roberts to
fall five feet sustaining serious personal injuries.
7. The accident occurred at 525 East 68th Street, New York, NY, more specifically the
drive aisle adjacent to the lobby of the premises on the loading dock.
8. Defendants through their agents, servants and./or employees, were negligent in the
ownership, operation, management, maintenance, supervision, control and operation of the
construction site; in improperly, inadequately or negligently controlling the construction and/or
work site area; in failing to have proper control over the construction and/or work site area; in
failing to exercise the degree of skill, care and safety generally exercised by owners and general
contractors in and about the City of New York; in failing to safely hoist the materials as required
by the New York State Labor Law; in failing to ensure that the construction area was in compliance
with the New York State Industrial Code; in failing to provide safety nets or other safety devices
to plaintiffs; in failing to provide plaintiffs with a safe place to work; in failing to supervise, inspect
and/or see to it that the ongoing construction work was conducted in a reasonably safe manner; in
failing to exercise proper ownership, maintenance, supervision, control and operation of the
aforementioned location; in failing to take proper precaution to prevent the happening of this
occuffence; in failing to provide plaintiffs with proper equipment so as to enable them to safely
perform their duties; in failing to provide plaintiffs with the proper safety devices as to protect
them against gravity related risks; in failing to provide plaintiffs with properly working safety
devices as to protect them against gravity related risks; in failing to inspect the work areainwhich
plaintiffs were working; in failing to see that the work area in which plaintiffs were working was
properly operated, protected, furnished, fixed, secured and/or maintained, so as to provide
plaintiffs with proper gravity related protection; in failing and neglecting to exercise due care over
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the construction and/or work site area; in failing to have proper control over the materials and
equipment used in and around the construction and/or work site area; in improperly, inadequately
or negligently performing work at the construction site; in failing to adequately staff the
construction project; in negligently hiring laborers, workers, contractors, subcontractors, project
developers, project managers and other building/construction personnel; in failing to require
laborers, workers, contractors, subcontractors, project developers, project managers and other
building/construction personnel to exercise due care in the performance of their work; in causing,
permitting or allowing plaintiffs to suffer and sustain injuries; in causing, permitting or allowing a
load of tile and stone to come loose from a hoist and fall striking plaintiffs causing them to fall
more than five feet; in failing to provide a properly working material hoist and/or liftgate; and in
causing, creating and permitting a dangerous andhazardous condition to exist and remain at the
construction site.
9. Actual notice is claimed in that Defendants caused, created, permitted, allowed,
observed or were aware that said condition existed. Information as to notice is more properly in
the hands of the Defendants, and subject to discovery.
10. Constructive notice is claimed in that the defendants, their agents, contractors,
subcontractors, servants and / or employees were on the premises on a daily basis, including, but
not limited to the day of the subject incident was without limitation barriers, safety devices, and
warning signs and as such its agents, servants and/or employees, in the exercise of diligence and
due care, should have observed the condition both as it developed and as it existed on the date of
the subject incident.
11.. Please refer to plaintiffs' response in paragraph number 8.
12. Plaintiff,IAN MACDONALD, sustained the following serious personal injuries:
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RIGHT HAND
LACERATION TO RIGHT INDEX FINGER;
25 STITCHES TO RIGHT INDEX FINGER;
CRUSH TRAUMA TO RIGHT HAND;
LOSS OF RANGE OF MOTION IN RIGHT INDEX FINGER;
DECREASED STRENGTH IN RIGHT HAND;
RIGHT ELBOW
RECOMMENDED FOR \ryOUND REPAIR TO RIGHT ELBOW;
HEAD
HEAD TRAUMA;
HEADACHES;
PAIN, SWELLING, TENDERNESS, LIMITATION OF MOTION,
INVOLVING THE SKIN, BONE, CARTILAGE, LIGAMENTS,
TENDONS, JOINTS, BLOOD VESSELS, NERVOUS SYSTEMS,
LYMPHATIC SYSTEM AND OTHER TISSUES OF THE AFFECTED
AND SURROUNDING AREAS.
All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and
involvements are associated with further soft tissue injuries to the areas traumatically affected,
including: tearing, derangement and damage to the associated muscle groups, ligaments, tendons,
cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the
specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain,
ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and
limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy,
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anxiety and mental anguish; all of which have substantially prevented the Plaintiff from enjoying
the normal fruits of social activities.
Upon information and belief, all of the above injuries are permanent and continuing in
nature, except for objective signs ofcontusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living
a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have
experienced, but for the injuries and conditions alleged herein.
The Plaintiff suffered, still suffers, and upon information and belief will continue to
suffer pain, discomfort and limited movement of the injured portions of his body, including the
adjacent and surrounding muscles, tendons, nerves,joints, fascia, vessels and soft tissues.
The aforesaid injuries have directly and/or indirectly adversely affected the nerves, tissue,
blood vessels, blood supply, muscles, joints, bones, ligaments, cartilage, tendons, skin and other
soft tissues and structures in and about the injured parts and areas of injury, including the central
nervous system, muscular system and/or skeletal system, and all of the natural consequences
flowing therefrom, including tearing, stretching and scaring; and have produced functional and
organic disturbances sympathetic to and radiating to and about the adjacent and sunounding
areas ofinjury.
The aforesaid injuries are accompanied by chronic and persistent pain, tenderness,
swelling, stiffness, discomfort, distress, weakness, depression, stress, restriction of motion,
anxiety, nocturnal pain, difficulty sleeping, change in sleeping patterns and initability.
The aforesaid injuries have also resulted in limitations, diminution and/or impairment of
functions, activities, avocations and other activities which Plaintiff engaged in prior to this
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accident, and have substantially interfered with the Plaintiff(s) pre-accident quality of and
enjoyment of life.
In addition to all of the injuries mentioned above, the Plaintiff will also claim all injuries
indicated in any medical and/or hospital records to which the Defendants have had access by
way of authorization, discovery response, subpoena or otherwise, including but not limited to
any injuries set forth in any report and/or records of any physician who may examine the
Plaintiff on behalf of any Defendants herein.
Plaintiff JAMES ROBERTS sustained the following serious personal injuries:
CHEST/ABDOMENÆELVIS
DISPLACED COMMINUTED FRACTURES OF THE DISTAL ASPECTS
OF THE LEFT SUPERIOR AND INFERIOR PUBIC RAMI;
NONDISPLACED RIGHT HEMISACRAL FRACTURE LATERAL TO
THE NEURAL FORAMEN;
NONDISPLACED RIGHT FIFTH AND SIXTH RIB FRACTURES;
NONDISPLACED LEFT EIGHTH ANTERIOR RIB FRACTURE;
SMALL HEMORRHAGE IN THE PELVIS ANTEIOR TO THE URINARY
BLADDER;
LEFT ELBOW
DISPLACED CHIP FRACTURE;
LACERATION;
JOINT EFFUSION;
SWELLING AND TENDERNESS;
RESTRICTED RANGE OF MOTION;
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RIGHT LEG/KNEE
RIGHT LATERAL THIGH PAIN;
RIGHT KNEE MOTION RESTRICTED DUE TO PAIN;
LEFT GROIN PAIN AND TENDERNESS;
PAIN, SWELLING, TENDERNESS, LIMITATION OF MOTION,
INVOLVING THE SKINN BONE' CARTILAGE, LIGAMENTS,
TENDONS, JOINTS, BLOOD VESSELS, NERVOUS SYSTEMS,
LYMPHATIC SYSTEM AND OTHER TISSUES OF THE AFFECTED
AND SURROUNDING AREAS.
All of the aforementioned injuries, resulting disabilities, aggravations,
exacerbations and involvements are associated with further soft tissue injuries to the areas
traumatically affected, including: tearing, derangement and damage to the associated muscle
groups, ligaments, tendons, cartilage,blood, tissue, epithelial tissue, all concomitant to the
specific injuries and related to the specific portions of the body mentioned hereinabove, with
resultant scars, hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness,
weakness and partial restriction and limitation of motion, pain on motion and loss of use of the
abovementioned parts; atrophy, anxiety and mental anguish; all of which have substantially
prevented the Plaintiff from enjoying the normal fruits of social activities.
Upon information and belief, all of the above injuries are permanent and continuing in
nature, except for objective signs ofcontusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living
a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have
experienced, but for the injuries and conditions alleged herein.
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The Plaintiff suffered, still suffers, and upon information and belief will continue to
suffer pain, discomfort and limited movement of the injured portions of his body, including the
adjacent and surrounding muscles, tendons, nerves,joints, fascia, vessels and soft tissues.
The aforesaid injuries have directly and/or indirectly adversely affected the nerves, tissue,
blood vessels, blood supply, muscles, joints, bones, ligaments, cartilage, tendons, skin and other
soft tissues and structures in and about the injured parts and areas of injury, including the central
nervous system, muscular system and,ior skeletal system, and all of the natural consequences
flowing therefrom, including tearing, stretching and scarring; and have produced functional and
organic disturbances sympathetic to and radiating to and about the adjacent and surrounding
areas of injury.
The aforesaid injuries are accompanied by chronic and persistent pain, tenderness,
swelling, stiffness, discomfort, distress, weakness, depression, stress, restriction of motion,
anxiety, nocturnal pain, difficulty sleeping, change in sleeping patterns and initability.
The aforesaid injuries have also resulted in limitations, diminution and./or impairment of
functions, activities, avocations and other activities which Plaintiff engaged in prior to this
accident, and have substantially interfered with the Plaintiff(s) pre-accident quality of and
enjoyment of life.
In addition to all of the injuries mentioned above, the Plaintiff will also claim all injuries
indicated in any medical and/or hospital records to which the Defendants have had access by
way of authorization, discovery response, subpoena or otherwise, including but not limited to
any injuries set forth in any report and/or records of any physician who may examine the
Plaintiff on behalf of any Defendants herein.
13. Said injuries are permanent in nature and duration, and were caused, precipitated,
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aggravated and./or exacerbated by the occuffence herein. That to the extent the above injuries,
conditions and/or diagnoses are shown to pre-date the accident, then such injuries, conditions
and/or diagnoses were latent and inactive, and as a result of this accident, were activated,
accelerated and exacerbated therein.
14. a. Plaintiff IAN MACDONALD was employed with Port Monis Tile &
Marble, 1285 Oakpoint Avenue, Bronx, Ny 10474;
b. Plaintiff was out of work from the date of the accident and returned on
August I4,2OI7;
c. At the time of accident plaintiff earned approximately $ 1,940.40 per week;
d. At the time of the accident plaintiff was earning approximately $1,940.40
per week and suffered economic loss for approximately 8 weeks at that rate of pay.
Plaintiff will serve an economic disclosure under separate cover as required by the
CPLR;
e. Plaintiff's earning abilities have been affected due to the severe injuries he
sustained;
f. Plaintiff is a Journeyman.
a. Plaintiff JAMES ROBERTS was employed with Port Monis Tile &
Marble, 1285 Oakpoint Avenue, Bronx, NY 10474;
b. Plaintiff has been out of work since the accident;
c. At the time of accident plaintiff earned approximately $2,500.00 per week;
d. At the time of the accident plaintiff was earning approximately $2,500.00
per week and he continues to suffer economic loss continuing on a daily basis.
Plaintiff will serve an economic disclosure under separate cover as required by the
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CPLR;
e. Plaintiff's earning abilities have been affected due to the severe injuries he
sustained;
f. Plaintiff is a Journeyman.
15. a. Plaintiff IAN MACDONALD was not confined to the hospital;
b. Plaintiff received emergency room treatment at New York Presbyterian
Hospital, 525 East 68th Street, New york, Ny 10021;
c. Plaintiff treated with Westmed Medical Group, 73 Market Street, Yonkers,
NY 10710; Douglas Schwartz, M.D., Eastside Medical Group, 21 1 East 43'd Street,
Suite 500, New York, NY 10017; and Elevate Physical Therapy PLLC, 334
Underhill Avenue, Suite 14, yorktown Heights, Ny 1059g.
a. Plaintiff JAMES ROBERTS was confined to the hospital from June 13,
2017 to June 15, 2011;
b. Plaintiff was admitted to New York Presbyterian Hospital, 525 East 68th
Street, New York, NY 10021;
c. Plaintiff treated with Horizon Family Medical Group ,2570 Route 9W, Suite
4, Cornwall, NY I25I8; and Douglas Schwartz, M.D.o Eastside Medical Group,
211 East 43'd Street, Suite 500, New york, Ny 10017.
16. Plaintiff IAN MACDONALD was confined to home and bed for approximately
three weeks as a result of the accident; plaintiff JAMES ROBERTS was confined to home and
bed for approximately three months as a result of the accident and remains confined except for
leaving for doctors' appointments.
17. Plaintiffs were not students.
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18. Plaintiff IAN MACDONALD incurred the following special damages:
a. Hospitals: approximately $10,000.00 and continuing;
b. Physicians: included in a;
c. Nurses: included in a;
d. Medicines: included in a;
e. Chiropractors: included in a;
f. Physical therapists: included in a;
g. Medical equipment: included in a;
h. Other: object, as unspecific in nature.
Plaintiff JAMES ROBERTS incurred the following special damages:
a. Hospitals: approximately $45,000.00 and continuing;
b. Physicians: included in a;
c. Nurses: included in a;
d. Medicines: included in a;
e. Chiropractors: included in a;
f. Physical therapists: included in a;
g. Medical equipment: included in a;
h. Other: object, as unspecific in nature.
19. Defendants, through their agents, servants andlor employees, hired and/or
retained, violated Section 200,240(l) and 241(6) of the Labor Law of the State of New York;
the following sections of Rule 23 of the Industrial Code of the State of New York ( 12 NYCRR
$23):23-1.7,23-1.17 ,23-6.1,23-6.2,23-6.3,23-8.1,23-8.2,23-9.3,23-9.4,23-9.5,23-9.2,23-
9.6.
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20. Please refer to plaintiffs' response in paragraph number 19.
2I. Please refer to plaintiffs' response in paragraph number g.
22. Plaintiffs' are Journeymen.
23. Please refer to plaintiffs' response in paragraph number 6.
PLEASE TAKE FURTHER NOTICE, Plaintiff reserves the right to amend and/or
supplement the above responses through and including the time of trial.
Dated: New York, New York
January 5, 2018
DOLAN, P.C
By:
Duane
Attorneys for Plaintffi
18 East 41't Street, 6th Floor
New York, NY 10017
(2r2) 785-sns
TO CULLEN and DYKMAN LLP
Att o rney s fo r D efendant s
44Wall Street, 15th Floor
New York, NY 10005
(2t2) 732-2000
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VERIFICATION
STATE OFNEW YORK )
couNTY OF NEV/ YORK ) SS.
DUANE R. MORGAN, an attorney duly admitted to practice law in the State of New
York, affirms the following under penalty of perjury:
I am a member of the law firm MORGAN LEVINE DOLAN, P.C., amorneys for the
plaintiffs herein.
I have read the foregoing BILL OF PARTICULARS and know the contents thereof,
and upon information and belief your affirmant believes the matters therein alleged to be true.
The reason this Verification is made by your affirmant and not by plaintiffs is that the
plaintiffs herein reside in a county other than the one in which your affirmant maintains his
offices.
The source of your affirmant's information and the grounds of his belief are communica-
tions, papers, reports and investigations contained in the file.
DATED: New York, New York
January 5, 2018
GAN
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NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020
Index No.: 155973/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IAN MACDONALD, JAMES ROBERTS and
BETH ANN CASSIDY-ROBERTS,
Plaintiffs,
-against-
TURNER CONSTRUCTION COMPANy and
THE NEW YORK AND PRESBYTERIAN HOSPITAL
a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL
Defendants
VERIFIED BILL OF PARTICULARS
MORGAN LEVINE DOLAN, P.C.
Attorneys for Plaintffi
18 East 4l't Street, 6th Floor
New York, New York 10017
Phone: (212) 785-5115
Fax: (646) 525-4884
FILED:
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COUNTY CLERK
CLERK 09/25/2020
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------- -----------X
IAN MACDONALD, JAMES ROBERTS and
VERIFIED BILL OF
BETH ANN CASSIDY-ROBERTS,
PARTICULARS AS
TO THIRD-PARTY
Plaintiffs '
DEFENDANT
-against-
Index No.: 155973/2017
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL
a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL,
Defendants.
_____------------------------------..----------------------------------X
TURNER CONSTRUCTION COMPANY and
THE NEW YORK AND PRESBYTERIAN HOSPITAL,
Third-Party Plaintiffs,
-against-
PORT MORRIS TILE & MARBLE CORP.,
Third-Party Defendant.
------._= _____ __ _---------------------------------------------------X
Plaintiffs, by their attorneys, MORGAN LEVINE DOLAN, P.C., responding to the
demands of Third-Party Defendant for a Verified Supplemental Bill of Particulars, dated May 9,
2019, alleges, upon information and belief, as follows:
1. The accident occurred on June 13, 2017 at approximately 9:30 a.m.
2. The accident occurred while plaintiffs were working at the construction site
68*
located at 525 East Street, New York, NY when a 2000-2500 pound crate full of tile and
stone fellfrom an elevated work platform while being lowered on a material hoist/lift and struck
plaintiffs when the hoist/lift failed, broke and collapsed, causing the plaintiffs Ian MacDonald
and James Roberts to fall five feet sustaining serious personal injuries.
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plaintiffs'
3. Please refer to response in paragraph number 2.
68th
4. The accident occurred at the construction site located at 525 East Street, New
York, NY, more specifically the drive aisle adjacent to the lobby of the premises on the loading
dock.
5. Third-Party Defendant PORT MORRIS TILE & MARBLE CORP. through its
agents, servants and/or employees, were negligent in the ownership, operation, management,
maintenance, supervision, control and operation of the construction site; in improperly,
inadequately or negligently controlling the construction and/or work site area; in failing to have
proper control over the construction and/or work site area; in failing to exercise the degree of
skill,care and safety generally exercised by owners and general contractors in and about the City
of New York; in failing to safely hoist the materials as required by the New York State Labor
Law; in failing to ensure that the construction area was in compliance with the New York State
Industrial Code; in failing to provide safety nets or other safety devices to plaintiffs; in failing to
provide plaintiffs with a safe place to work; in failing to supervise, inspect and/or see to itthat
the ongoing construction work was conducted in a reasonably safe manner; in failing to
exercise proper ownership, maintenance, supervision, control and operation of the forementioned :
location; in failing to take proper precaution to prevent the happening of this occurrence; in
failing to provide plaintiffs with proper equipment so as to enable them to safely perform their
duties; in failing to provide plaintiffs with the proper safety devices as to protect them against
gravity related risks; in failing to provide plaintiffs with properly working safety devices as to
protect them against gravity related risks; in failing to inspect the work area in which plaintiffs
were working; in failing to see that the work area in which plaintiffs were working was properly
operated, protected, furnished, fixed, secured and/or maintained, so as to provide plaintiffs with
2 of 13
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Preview
FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 EXHIBIT “E” FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 SUPREME COURT OF THE STATE OF NEV/ YORK COUNTY OF NEW YORK X IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, VERIFIED BILL OF PARTICULARS Plaintiffs, Index No.: 155973/2oll -against- TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEIV YORK HOSPITAL Defendants. X Plaintiffs, by their attorneys, MORGAN LEVTNE DOLAN, P.C., responding ro the demands of Defendants for a Verified Bill of Particulars, alleges, upon information and belief, as follows: 1. Plaintiff Ian MacDonald was born in 1966; plaintiff James Roberts was born in 1965. 2. The last four digits of plaintiff Ian MacDonald's social security number arc9L57; the last four digits of plaintiff James Roberts' social security number are 5582. 3. The accident occurred on June 13,2017. 4. The accident occurred at approximately 9:30 a.m. 5. Plaintiff Ian MacDonald resides at 114 Union Valley, Mahopac, NY 10541; plaintiff James Roberts resides at 99 Barnes Road, V/ashingtonville, NY 10992. 6. The accident occurred while plaintiffs were working at the construction site located at 525 East 68th Street, New York, NY when a 2000-2500 pound crate full of tile and stone fell from an elevated work platform while being lowered on a material hoist and struck plaintiffs when FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 the hoist failed, broke and collapsed, causing the plaintiffs Ian MacDonald and James Roberts to fall five feet sustaining serious personal injuries. 7. The accident occurred at 525 East 68th Street, New York, NY, more specifically the drive aisle adjacent to the lobby of the premises on the loading dock. 8. Defendants through their agents, servants and./or employees, were negligent in the ownership, operation, management, maintenance, supervision, control and operation of the construction site; in improperly, inadequately or negligently controlling the construction and/or work site area; in failing to have proper control over the construction and/or work site area; in failing to exercise the degree of skill, care and safety generally exercised by owners and general contractors in and about the City of New York; in failing to safely hoist the materials as required by the New York State Labor Law; in failing to ensure that the construction area was in compliance with the New York State Industrial Code; in failing to provide safety nets or other safety devices to plaintiffs; in failing to provide plaintiffs with a safe place to work; in failing to supervise, inspect and/or see to it that the ongoing construction work was conducted in a reasonably safe manner; in failing to exercise proper ownership, maintenance, supervision, control and operation of the aforementioned location; in failing to take proper precaution to prevent the happening of this occuffence; in failing to provide plaintiffs with proper equipment so as to enable them to safely perform their duties; in failing to provide plaintiffs with the proper safety devices as to protect them against gravity related risks; in failing to provide plaintiffs with properly working safety devices as to protect them against gravity related risks; in failing to inspect the work areainwhich plaintiffs were working; in failing to see that the work area in which plaintiffs were working was properly operated, protected, furnished, fixed, secured and/or maintained, so as to provide plaintiffs with proper gravity related protection; in failing and neglecting to exercise due care over FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 the construction and/or work site area; in failing to have proper control over the materials and equipment used in and around the construction and/or work site area; in improperly, inadequately or negligently performing work at the construction site; in failing to adequately staff the construction project; in negligently hiring laborers, workers, contractors, subcontractors, project developers, project managers and other building/construction personnel; in failing to require laborers, workers, contractors, subcontractors, project developers, project managers and other building/construction personnel to exercise due care in the performance of their work; in causing, permitting or allowing plaintiffs to suffer and sustain injuries; in causing, permitting or allowing a load of tile and stone to come loose from a hoist and fall striking plaintiffs causing them to fall more than five feet; in failing to provide a properly working material hoist and/or liftgate; and in causing, creating and permitting a dangerous andhazardous condition to exist and remain at the construction site. 9. Actual notice is claimed in that Defendants caused, created, permitted, allowed, observed or were aware that said condition existed. Information as to notice is more properly in the hands of the Defendants, and subject to discovery. 10. Constructive notice is claimed in that the defendants, their agents, contractors, subcontractors, servants and / or employees were on the premises on a daily basis, including, but not limited to the day of the subject incident was without limitation barriers, safety devices, and warning signs and as such its agents, servants and/or employees, in the exercise of diligence and due care, should have observed the condition both as it developed and as it existed on the date of the subject incident. 11.. Please refer to plaintiffs' response in paragraph number 8. 12. Plaintiff,IAN MACDONALD, sustained the following serious personal injuries: FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 RIGHT HAND LACERATION TO RIGHT INDEX FINGER; 25 STITCHES TO RIGHT INDEX FINGER; CRUSH TRAUMA TO RIGHT HAND; LOSS OF RANGE OF MOTION IN RIGHT INDEX FINGER; DECREASED STRENGTH IN RIGHT HAND; RIGHT ELBOW RECOMMENDED FOR \ryOUND REPAIR TO RIGHT ELBOW; HEAD HEAD TRAUMA; HEADACHES; PAIN, SWELLING, TENDERNESS, LIMITATION OF MOTION, INVOLVING THE SKIN, BONE, CARTILAGE, LIGAMENTS, TENDONS, JOINTS, BLOOD VESSELS, NERVOUS SYSTEMS, LYMPHATIC SYSTEM AND OTHER TISSUES OF THE AFFECTED AND SURROUNDING AREAS. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 anxiety and mental anguish; all of which have substantially prevented the Plaintiff from enjoying the normal fruits of social activities. Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs ofcontusions and abrasions. All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein. The Plaintiff suffered, still suffers, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves,joints, fascia, vessels and soft tissues. The aforesaid injuries have directly and/or indirectly adversely affected the nerves, tissue, blood vessels, blood supply, muscles, joints, bones, ligaments, cartilage, tendons, skin and other soft tissues and structures in and about the injured parts and areas of injury, including the central nervous system, muscular system and/or skeletal system, and all of the natural consequences flowing therefrom, including tearing, stretching and scaring; and have produced functional and organic disturbances sympathetic to and radiating to and about the adjacent and sunounding areas ofinjury. The aforesaid injuries are accompanied by chronic and persistent pain, tenderness, swelling, stiffness, discomfort, distress, weakness, depression, stress, restriction of motion, anxiety, nocturnal pain, difficulty sleeping, change in sleeping patterns and initability. The aforesaid injuries have also resulted in limitations, diminution and/or impairment of functions, activities, avocations and other activities which Plaintiff engaged in prior to this FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 accident, and have substantially interfered with the Plaintiff(s) pre-accident quality of and enjoyment of life. In addition to all of the injuries mentioned above, the Plaintiff will also claim all injuries indicated in any medical and/or hospital records to which the Defendants have had access by way of authorization, discovery response, subpoena or otherwise, including but not limited to any injuries set forth in any report and/or records of any physician who may examine the Plaintiff on behalf of any Defendants herein. Plaintiff JAMES ROBERTS sustained the following serious personal injuries: CHEST/ABDOMENÆELVIS DISPLACED COMMINUTED FRACTURES OF THE DISTAL ASPECTS OF THE LEFT SUPERIOR AND INFERIOR PUBIC RAMI; NONDISPLACED RIGHT HEMISACRAL FRACTURE LATERAL TO THE NEURAL FORAMEN; NONDISPLACED RIGHT FIFTH AND SIXTH RIB FRACTURES; NONDISPLACED LEFT EIGHTH ANTERIOR RIB FRACTURE; SMALL HEMORRHAGE IN THE PELVIS ANTEIOR TO THE URINARY BLADDER; LEFT ELBOW DISPLACED CHIP FRACTURE; LACERATION; JOINT EFFUSION; SWELLING AND TENDERNESS; RESTRICTED RANGE OF MOTION; FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 RIGHT LEG/KNEE RIGHT LATERAL THIGH PAIN; RIGHT KNEE MOTION RESTRICTED DUE TO PAIN; LEFT GROIN PAIN AND TENDERNESS; PAIN, SWELLING, TENDERNESS, LIMITATION OF MOTION, INVOLVING THE SKINN BONE' CARTILAGE, LIGAMENTS, TENDONS, JOINTS, BLOOD VESSELS, NERVOUS SYSTEMS, LYMPHATIC SYSTEM AND OTHER TISSUES OF THE AFFECTED AND SURROUNDING AREAS. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage,blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental anguish; all of which have substantially prevented the Plaintiff from enjoying the normal fruits of social activities. Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs ofcontusions and abrasions. All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein. FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 The Plaintiff suffered, still suffers, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves,joints, fascia, vessels and soft tissues. The aforesaid injuries have directly and/or indirectly adversely affected the nerves, tissue, blood vessels, blood supply, muscles, joints, bones, ligaments, cartilage, tendons, skin and other soft tissues and structures in and about the injured parts and areas of injury, including the central nervous system, muscular system and,ior skeletal system, and all of the natural consequences flowing therefrom, including tearing, stretching and scarring; and have produced functional and organic disturbances sympathetic to and radiating to and about the adjacent and surrounding areas of injury. The aforesaid injuries are accompanied by chronic and persistent pain, tenderness, swelling, stiffness, discomfort, distress, weakness, depression, stress, restriction of motion, anxiety, nocturnal pain, difficulty sleeping, change in sleeping patterns and initability. The aforesaid injuries have also resulted in limitations, diminution and./or impairment of functions, activities, avocations and other activities which Plaintiff engaged in prior to this accident, and have substantially interfered with the Plaintiff(s) pre-accident quality of and enjoyment of life. In addition to all of the injuries mentioned above, the Plaintiff will also claim all injuries indicated in any medical and/or hospital records to which the Defendants have had access by way of authorization, discovery response, subpoena or otherwise, including but not limited to any injuries set forth in any report and/or records of any physician who may examine the Plaintiff on behalf of any Defendants herein. 13. Said injuries are permanent in nature and duration, and were caused, precipitated, FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 aggravated and./or exacerbated by the occuffence herein. That to the extent the above injuries, conditions and/or diagnoses are shown to pre-date the accident, then such injuries, conditions and/or diagnoses were latent and inactive, and as a result of this accident, were activated, accelerated and exacerbated therein. 14. a. Plaintiff IAN MACDONALD was employed with Port Monis Tile & Marble, 1285 Oakpoint Avenue, Bronx, Ny 10474; b. Plaintiff was out of work from the date of the accident and returned on August I4,2OI7; c. At the time of accident plaintiff earned approximately $ 1,940.40 per week; d. At the time of the accident plaintiff was earning approximately $1,940.40 per week and suffered economic loss for approximately 8 weeks at that rate of pay. Plaintiff will serve an economic disclosure under separate cover as required by the CPLR; e. Plaintiff's earning abilities have been affected due to the severe injuries he sustained; f. Plaintiff is a Journeyman. a. Plaintiff JAMES ROBERTS was employed with Port Monis Tile & Marble, 1285 Oakpoint Avenue, Bronx, NY 10474; b. Plaintiff has been out of work since the accident; c. At the time of accident plaintiff earned approximately $2,500.00 per week; d. At the time of the accident plaintiff was earning approximately $2,500.00 per week and he continues to suffer economic loss continuing on a daily basis. Plaintiff will serve an economic disclosure under separate cover as required by the FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 CPLR; e. Plaintiff's earning abilities have been affected due to the severe injuries he sustained; f. Plaintiff is a Journeyman. 15. a. Plaintiff IAN MACDONALD was not confined to the hospital; b. Plaintiff received emergency room treatment at New York Presbyterian Hospital, 525 East 68th Street, New york, Ny 10021; c. Plaintiff treated with Westmed Medical Group, 73 Market Street, Yonkers, NY 10710; Douglas Schwartz, M.D., Eastside Medical Group, 21 1 East 43'd Street, Suite 500, New York, NY 10017; and Elevate Physical Therapy PLLC, 334 Underhill Avenue, Suite 14, yorktown Heights, Ny 1059g. a. Plaintiff JAMES ROBERTS was confined to the hospital from June 13, 2017 to June 15, 2011; b. Plaintiff was admitted to New York Presbyterian Hospital, 525 East 68th Street, New York, NY 10021; c. Plaintiff treated with Horizon Family Medical Group ,2570 Route 9W, Suite 4, Cornwall, NY I25I8; and Douglas Schwartz, M.D.o Eastside Medical Group, 211 East 43'd Street, Suite 500, New york, Ny 10017. 16. Plaintiff IAN MACDONALD was confined to home and bed for approximately three weeks as a result of the accident; plaintiff JAMES ROBERTS was confined to home and bed for approximately three months as a result of the accident and remains confined except for leaving for doctors' appointments. 17. Plaintiffs were not students. FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 18. Plaintiff IAN MACDONALD incurred the following special damages: a. Hospitals: approximately $10,000.00 and continuing; b. Physicians: included in a; c. Nurses: included in a; d. Medicines: included in a; e. Chiropractors: included in a; f. Physical therapists: included in a; g. Medical equipment: included in a; h. Other: object, as unspecific in nature. Plaintiff JAMES ROBERTS incurred the following special damages: a. Hospitals: approximately $45,000.00 and continuing; b. Physicians: included in a; c. Nurses: included in a; d. Medicines: included in a; e. Chiropractors: included in a; f. Physical therapists: included in a; g. Medical equipment: included in a; h. Other: object, as unspecific in nature. 19. Defendants, through their agents, servants andlor employees, hired and/or retained, violated Section 200,240(l) and 241(6) of the Labor Law of the State of New York; the following sections of Rule 23 of the Industrial Code of the State of New York ( 12 NYCRR $23):23-1.7,23-1.17 ,23-6.1,23-6.2,23-6.3,23-8.1,23-8.2,23-9.3,23-9.4,23-9.5,23-9.2,23- 9.6. FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 20. Please refer to plaintiffs' response in paragraph number 19. 2I. Please refer to plaintiffs' response in paragraph number g. 22. Plaintiffs' are Journeymen. 23. Please refer to plaintiffs' response in paragraph number 6. PLEASE TAKE FURTHER NOTICE, Plaintiff reserves the right to amend and/or supplement the above responses through and including the time of trial. Dated: New York, New York January 5, 2018 DOLAN, P.C By: Duane Attorneys for Plaintffi 18 East 41't Street, 6th Floor New York, NY 10017 (2r2) 785-sns TO CULLEN and DYKMAN LLP Att o rney s fo r D efendant s 44Wall Street, 15th Floor New York, NY 10005 (2t2) 732-2000 FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 VERIFICATION STATE OFNEW YORK ) couNTY OF NEV/ YORK ) SS. DUANE R. MORGAN, an attorney duly admitted to practice law in the State of New York, affirms the following under penalty of perjury: I am a member of the law firm MORGAN LEVINE DOLAN, P.C., amorneys for the plaintiffs herein. I have read the foregoing BILL OF PARTICULARS and know the contents thereof, and upon information and belief your affirmant believes the matters therein alleged to be true. The reason this Verification is made by your affirmant and not by plaintiffs is that the plaintiffs herein reside in a county other than the one in which your affirmant maintains his offices. The source of your affirmant's information and the grounds of his belief are communica- tions, papers, reports and investigations contained in the file. DATED: New York, New York January 5, 2018 GAN FILED: NEW YORK COUNTY CLERK 09/25/2020 04:44 PM INDEX NO. 155973/2017 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 09/25/2020 Index No.: 155973/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IAN MACDONALD, JAMES ROBERTS and BETH ANN CASSIDY-ROBERTS, Plaintiffs, -against- TURNER CONSTRUCTION COMPANy and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL Defendants VERIFIED BILL OF PARTICULARS MORGAN LEVINE DOLAN, P.C. Attorneys for Plaintffi 18 East 4l't Street, 6th Floor New York, New York 10017 Phone: (212) 785-5115 Fax: (646) 525-4884 FILED: FILED : NEW NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 0 6/12 /2019 04:44 05 : 02 PM PH INDEX INDEX NO. NO. 155973/2017 155973/2017 NYSCEF NYSCEF DOC. DOC. NO. NC. 73 23 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 06/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------- -----------X IAN MACDONALD, JAMES ROBERTS and VERIFIED BILL OF BETH ANN CASSIDY-ROBERTS, PARTICULARS AS TO THIRD-PARTY Plaintiffs ' DEFENDANT -against- Index No.: 155973/2017 TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL a.k.a. THE SOCIETY OF THE NEW YORK HOSPITAL, Defendants. _____------------------------------..----------------------------------X TURNER CONSTRUCTION COMPANY and THE NEW YORK AND PRESBYTERIAN HOSPITAL, Third-Party Plaintiffs, -against- PORT MORRIS TILE & MARBLE CORP., Third-Party Defendant. ------._= _____ __ _---------------------------------------------------X Plaintiffs, by their attorneys, MORGAN LEVINE DOLAN, P.C., responding to the demands of Third-Party Defendant for a Verified Supplemental Bill of Particulars, dated May 9, 2019, alleges, upon information and belief, as follows: 1. The accident occurred on June 13, 2017 at approximately 9:30 a.m. 2. The accident occurred while plaintiffs were working at the construction site 68* located at 525 East Street, New York, NY when a 2000-2500 pound crate full of tile and stone fellfrom an elevated work platform while being lowered on a material hoist/lift and struck plaintiffs when the hoist/lift failed, broke and collapsed, causing the plaintiffs Ian MacDonald and James Roberts to fall five feet sustaining serious personal injuries. 1 of 13 FILED: FILED : NEW YORK YORK COUNTY COUNTY CLERK CLERK 09/25/2020 O 6/12 /2019 04:44 05 : 02 PM PMl INDEX INDEX NO. NO. 155973/2017 155973/; 017 NEW) NYSCEF NYSCEF DOC. DOC. NO. NÔ. 73 23 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/25/2020 06/12/‡ 019 plaintiffs' 3. Please refer to response in paragraph number 2. 68th 4. The accident occurred at the construction site located at 525 East Street, New York, NY, more specifically the drive aisle adjacent to the lobby of the premises on the loading dock. 5. Third-Party Defendant PORT MORRIS TILE & MARBLE CORP. through its agents, servants and/or employees, were negligent in the ownership, operation, management, maintenance, supervision, control and operation of the construction site; in improperly, inadequately or negligently controlling the construction and/or work site area; in failing to have proper control over the construction and/or work site area; in failing to exercise the degree of skill,care and safety generally exercised by owners and general contractors in and about the City of New York; in failing to safely hoist the materials as required by the New York State Labor Law; in failing to ensure that the construction area was in compliance with the New York State Industrial Code; in failing to provide safety nets or other safety devices to plaintiffs; in failing to provide plaintiffs with a safe place to work; in failing to supervise, inspect and/or see to itthat the ongoing construction work was conducted in a reasonably safe manner; in failing to exercise proper ownership, maintenance, supervision, control and operation of the forementioned : location; in failing to take proper precaution to prevent the happening of this occurrence; in failing to provide plaintiffs with proper equipment so as to enable them to safely perform their duties; in failing to provide plaintiffs with the proper safety devices as to protect them against gravity related risks; in failing to provide plaintiffs with properly working safety devices as to protect them against gravity related risks; in failing to inspect the work area in which plaintiffs were working; in failing to see that the work area in which plaintiffs were working was properly operated, protected, furnished, fixed, secured and/or maintained, so as to provide plaintiffs with 2 of 13 FILED:: [FILED NEW NEW Y