Preview
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
File No. 30031
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------------------X
PRISCILLA MARTINEZ,
AMENDED BILL OF
Plaintiff(s), PARTICULARS
-against- Index No.: 154062/2020
RITE AID OF NEW YORK CITY INC., and CATS 3531
BROADWAY, LLC,
Defendant(s).
----------------------------------------------------------------------X
Plaintiff, as and for her Bill of Particulars in response to the demands of defendant(s), by
her attorney, upon information and belief, respectfully allege(s):
11. The following injuries were caused, aggravated, accelerated, precipitated and/ or enhanced
as a result of the defendants’ negligence:
CERVICAL SPINE:
- At C3-C4, posterior disc herniation impinging upon the thecal sac, the left lateral
recess and with narrowing the left-sided neural foramen and herniation abuts the
spinal cord;
- At C4-C5, central posterior disc herniation impinging upon the thecal sac directly
upon the spinal cord;
- At C5-C6, focal central posterior disc herniation impinging upon the thecal sac
directly upon the spinal cord narrowing the neural foramina bilaterally;
- Sprain;
- Left C4-C5 radiculopathy;
- Stenosis;
- Straightening of lordosis;
- Cervicalgia;
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
- Pain radiating down to bilateral shoulder;
- Spasm;
- Weakness;
- Tenderness;
- Trigger points;
- Marked restriction of range of motion;
- Need for future surgery;
- Post-surgical scarring with significant disfigurement;
As a result of the accident, the plaintiff was required to undergo the following operative
procedure performed by Jason Gallina, MD on 05/19/2020:
- Anterior left-sided approach to the cervical spine from C5 to C6, anterior disc
resection at C5-C6, partial corpectomy of the C5 and C6 vertebral bodies for
complete decompression and for preparation of interbody fusion,
- Microforaminotomies at C5-C6 bilaterally,
- Use of microscope for decompression,
- Use of one allograft spacers for fusion at C5-C6, C5/6: 8mm Trinnect cart/cane
allograft, 16mm K2M OZARK 1-level plate, (4) 4.0x14mm variable screws,
- Anterior instrumentation from C5-C6 with K2M OZARK 1-level cervical plate and
14MM variable screws,,
- Intraoperative SSEP monitoring as well as motor evoked potentials, radiographs
for identification of surgical level and for confirmation of appropriate hardware
placement, plastic surgery closure of wound;
As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness
of the cervical spine resulting in loss of strength, loss of function, loss of motion, restriction
of movement, all with involvement of the surrounding soft tissue, nerve endings, blood
vessels, muscles, tendons and ligaments with resulting pain, deformity and disability.
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
LUMBOSACRAL SPINE:
- At L4-L5, central posterior disc herniation impinging upon the thecal sac narrowing
the neural foramina bilaterally;
- At L5-S1, central to right foraminal disc herniation impinging upon the anterior
epidural fat, thecal sac and directly upon the existing right L5 nerve root;
- Sprain;
- Right L5-S1 radiculopathy;
- Pain;
- Spasm;
- Weakness;
- Tenderness;
- Trigger points;
- Marked restriction in range of motion;
As a result of the accident, the plaintiff was required to undergo the following injection
procedure performed by Kevin H. Weiner, MD on 04/05/2019:
- 3 cc of lidocaine 1% and 1 cc of kenalog 40 injected at L4-L5 under ultrasound
guidance;
As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness
of the lumbosacral spine resulting in loss of strength, loss of function, loss of motion,
restriction of movement, all with involvement of the surrounding soft tissue, nerve endings,
blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability.
RIGHT SHOULDER:
- Internal derangement;
- Pain;
- Discomfort;
- Spasm;
- Weakness;
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
- Tenderness;
- Trigger points;
- Marked restriction of range of motion;
As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness
of the right shoulder resulting in loss of strength, loss of function, loss of motion, restriction
of movement, all with involvement of the surrounding soft tissue, nerve endings, blood
vessels, muscles, tendons and ligaments with resulting pain, deformity and disability.
OTHER:
- Mid back pain;
- Left-sided rib pain;
- Left shoulder tenderness;
- Headaches;
- Difficulty in sleeping;
- Difficulty in daily living activities;
The foregoing injuries directly affected the bones, tendons, tissues, muscles ligaments,
nerves, blood vessels and soft tissue in and about the involved areas and sympathetic and
radiating pains from all of which the plaintiff suffered, still suffers and may permanently
suffer and may develop arthritis;
As a result of the accident and the injuries herein sustained, the plaintiff suffered a severe
shock to her nervous system;
The foregoing injuries impaired the general health of the plaintiff; the plaintiff verily
believes that all of the injuries hereinabove sustained, with the exception of bruises and
contusions, are permanent and progressive in nature;
The plaintiff may permanently suffer from the aforesaid injuries and from its effects upon
her nervous system.
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
PLEASE TAKE NOTICE, that the Plaintiff expressly reserves the right to supplement
and/or amend the within Bill of Particulars as to injuries and/or damages claimed herein up to and
including the time of trial of this action.
Dated: New York, New York
July 9, 2021
Yours, etc.,
Maria Zieher
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff(s)
150 Broadway, 23rd Floor
New York, New York 10038
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
AFFIRMATION OF SERVICE BY E-MAIL
Maria C. Zieher, Esq., an attorney at law duly admitted to practice law as such in the
courts of the State of New York, affirms as follows:
On July 9, 2021, the affirmant served the within AMENDED BILL OF
PARTICULARS upon:
RUBINE + CHA, LLC
Attorneys for Defendant(s)
RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK
CITY YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531
BROADWAY, LLC
65 Harristown Road, Suite 203
Glen Rock, New Jersey 07452
Email: srubine@rubinecha.com
By sending a true copy of same to each of them via email at the email address(es) designated by
each of them.
Maria Zieher____________
Maria C. Zieher, Esq.
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021
Index No. 154062/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
PRISCILLA MARTINEZ,
Plaintiff(s),
-against-
RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC,
Defendant(s).
AMENDED BILL OF PARTICULARS
SUBIN ASSOCIATES, LLP
Attorneys for Plaintiff(s)
Office and Post Office Address, Telephone
150 Broadway, 23rd Floor
New York, New York 10038
Telephone (212) 285-3800
"WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION (FAX)"
Service of a copy of the within is hereby admitted
Dated:,
........................................................
Attorney(s) for
PLEASE TAKE NOTICE
┌─┐
└─┘ That the within is a (certified) true copy of an ORDER entered in the office
NOTICE OF of the clerk of the within named court on , 2021.
ENTRY
┌─┐
└─┘ That an Order of which the within is a true copy will be presented for
NOTICE OF settle to the Hon.one of the judges of the within
SETTLEMENT named court, at on , 2021, at 10:00 a.m.
Dated:
Preview
FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 File No. 30031 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------------X PRISCILLA MARTINEZ, AMENDED BILL OF Plaintiff(s), PARTICULARS -against- Index No.: 154062/2020 RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). ----------------------------------------------------------------------X Plaintiff, as and for her Bill of Particulars in response to the demands of defendant(s), by her attorney, upon information and belief, respectfully allege(s): 11. The following injuries were caused, aggravated, accelerated, precipitated and/ or enhanced as a result of the defendants’ negligence: CERVICAL SPINE: - At C3-C4, posterior disc herniation impinging upon the thecal sac, the left lateral recess and with narrowing the left-sided neural foramen and herniation abuts the spinal cord; - At C4-C5, central posterior disc herniation impinging upon the thecal sac directly upon the spinal cord; - At C5-C6, focal central posterior disc herniation impinging upon the thecal sac directly upon the spinal cord narrowing the neural foramina bilaterally; - Sprain; - Left C4-C5 radiculopathy; - Stenosis; - Straightening of lordosis; - Cervicalgia; FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 - Pain radiating down to bilateral shoulder; - Spasm; - Weakness; - Tenderness; - Trigger points; - Marked restriction of range of motion; - Need for future surgery; - Post-surgical scarring with significant disfigurement; As a result of the accident, the plaintiff was required to undergo the following operative procedure performed by Jason Gallina, MD on 05/19/2020: - Anterior left-sided approach to the cervical spine from C5 to C6, anterior disc resection at C5-C6, partial corpectomy of the C5 and C6 vertebral bodies for complete decompression and for preparation of interbody fusion, - Microforaminotomies at C5-C6 bilaterally, - Use of microscope for decompression, - Use of one allograft spacers for fusion at C5-C6, C5/6: 8mm Trinnect cart/cane allograft, 16mm K2M OZARK 1-level plate, (4) 4.0x14mm variable screws, - Anterior instrumentation from C5-C6 with K2M OZARK 1-level cervical plate and 14MM variable screws,, - Intraoperative SSEP monitoring as well as motor evoked potentials, radiographs for identification of surgical level and for confirmation of appropriate hardware placement, plastic surgery closure of wound; As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of the cervical spine resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 LUMBOSACRAL SPINE: - At L4-L5, central posterior disc herniation impinging upon the thecal sac narrowing the neural foramina bilaterally; - At L5-S1, central to right foraminal disc herniation impinging upon the anterior epidural fat, thecal sac and directly upon the existing right L5 nerve root; - Sprain; - Right L5-S1 radiculopathy; - Pain; - Spasm; - Weakness; - Tenderness; - Trigger points; - Marked restriction in range of motion; As a result of the accident, the plaintiff was required to undergo the following injection procedure performed by Kevin H. Weiner, MD on 04/05/2019: - 3 cc of lidocaine 1% and 1 cc of kenalog 40 injected at L4-L5 under ultrasound guidance; As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of the lumbosacral spine resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. RIGHT SHOULDER: - Internal derangement; - Pain; - Discomfort; - Spasm; - Weakness; FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 - Tenderness; - Trigger points; - Marked restriction of range of motion; As a result of the foregoing the plaintiff suffers from severe pain, swelling and tenderness of the right shoulder resulting in loss of strength, loss of function, loss of motion, restriction of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity and disability. OTHER: - Mid back pain; - Left-sided rib pain; - Left shoulder tenderness; - Headaches; - Difficulty in sleeping; - Difficulty in daily living activities; The foregoing injuries directly affected the bones, tendons, tissues, muscles ligaments, nerves, blood vessels and soft tissue in and about the involved areas and sympathetic and radiating pains from all of which the plaintiff suffered, still suffers and may permanently suffer and may develop arthritis; As a result of the accident and the injuries herein sustained, the plaintiff suffered a severe shock to her nervous system; The foregoing injuries impaired the general health of the plaintiff; the plaintiff verily believes that all of the injuries hereinabove sustained, with the exception of bruises and contusions, are permanent and progressive in nature; The plaintiff may permanently suffer from the aforesaid injuries and from its effects upon her nervous system. FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 PLEASE TAKE NOTICE, that the Plaintiff expressly reserves the right to supplement and/or amend the within Bill of Particulars as to injuries and/or damages claimed herein up to and including the time of trial of this action. Dated: New York, New York July 9, 2021 Yours, etc., Maria Zieher SUBIN ASSOCIATES, LLP Attorneys for Plaintiff(s) 150 Broadway, 23rd Floor New York, New York 10038 FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 AFFIRMATION OF SERVICE BY E-MAIL Maria C. Zieher, Esq., an attorney at law duly admitted to practice law as such in the courts of the State of New York, affirms as follows: On July 9, 2021, the affirmant served the within AMENDED BILL OF PARTICULARS upon: RUBINE + CHA, LLC Attorneys for Defendant(s) RITE AID OF NEW YORK, INC. incorrectly sued herein as RITE AID OF NEW YORK CITY YORK CITY INC., and R.A. REAL ESTATE, INC. sued herein as CATS 3531 BROADWAY, LLC 65 Harristown Road, Suite 203 Glen Rock, New Jersey 07452 Email: srubine@rubinecha.com By sending a true copy of same to each of them via email at the email address(es) designated by each of them. Maria Zieher____________ Maria C. Zieher, Esq. FILED: NEW YORK COUNTY CLERK 07/09/2021 09:42 PM INDEX NO. 154062/2020 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 07/09/2021 Index No. 154062/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PRISCILLA MARTINEZ, Plaintiff(s), -against- RITE AID OF NEW YORK CITY INC., and CATS 3531 BROADWAY, LLC, Defendant(s). AMENDED BILL OF PARTICULARS SUBIN ASSOCIATES, LLP Attorneys for Plaintiff(s) Office and Post Office Address, Telephone 150 Broadway, 23rd Floor New York, New York 10038 Telephone (212) 285-3800 "WE DO NOT ACCEPT SERVICE BY ELECTRONIC TRANSMISSION (FAX)" Service of a copy of the within is hereby admitted Dated:, ........................................................ Attorney(s) for PLEASE TAKE NOTICE ┌─┐ └─┘ That the within is a (certified) true copy of an ORDER entered in the office NOTICE OF of the clerk of the within named court on , 2021. ENTRY ┌─┐ └─┘ That an Order of which the within is a true copy will be presented for NOTICE OF settle to the Hon.one of the judges of the within SETTLEMENT named court, at on , 2021, at 10:00 a.m. Dated: