Preview
FILED: SUFFOLK COUNTY CLERK 10/05/2022 09:27 AM INDEX NO. 606262/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/05/2022
SUPREME COURT OF THE STATE OF NEW YORK, Index# 606262/2021
COUNTY OF SUFFOLK
X
JOSE N. DELCID RAMOS, DEMAND FOR
VERIFIED BILL OF
Plaintiff, PARTICULARS
-against-
RE: AFFIRMATIVE
JOSE D. CHICAS, DEFENSES
Defendants.
X
PLEASE TAKE NOTICE, that in accordance with Section 3041, Rule 3042 of the CPLR,
Defendant(s) JOSE D. CHICAS are hereby required to serve upon the undersigned a Verified Bill
of Particulars pursuant to the following demand within twenty (20) days.
1. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS
Answer dated 5/25/2021 state how it is claimed that the injuries and/or damages sustained by the
Plaintiff(s) herein were caused in whole or in part by the “culpable conduct,” of the Plaintiff. Identify
any document, record, photograph or other recording, tangible object or non-memorialized admission
of the Plaintiff claimed to be evidence of such “culpable conduct,” as alleged,
i. Set forth all the acts and/or omissions constituting the negligence, culpable
conduct or carelessness of the Plaintiff(s) as alleged.
ii. State whether actual or constructive notice of any relevant condition or
activity is claimed to have been imparted upon the Plaintiff(s), and, if so, set forth the
nature and extent of such condition or activity.
iii. If actual notice is claimed, set forth the following:
(1) The date/dates of each said notice;
(2) The names of the agents and/or servants of the Plaintiff(s) to whom said
actual notice was allegedly given such dates;
(3) by whom said actual notice was allegedly given on each of such dates;
(4) The substance of each said notice;
(5) Whether such notice was oral or in writing.
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iv. If constructive notice any relevant condition or activity is claimed, the length
of time said condition or activity is alleged existed prior to the happening of the
occurrence. If the length of time is not known, so state.
2. With respect to the FIRST Affirmative Defense of JOSE D. CHICAS Answer
aforementioned state how it is claimed that the injuries and/or damages sustained by the Plaintiff(s)
herein were caused in whole or in part by risk(s) “assumed” or voluntarily encountered by the
Plaintiff. Identify any document, record, photograph or other recording, tangible object or
non-memorialized admission either of the Plaintiff claimed to be evidence of such assum[ption]
of risk as alleged.
3. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS
Answer aforementioned state what "risk[s]" are claimed extant that the Plaintiff(s) “assumed” or
voluntarily encountered which are claimed relevant to the determination of the Plaintiff(s)
responsibility in the happening of the occurrence. Identify any document, record, photograph or other
recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be
evidence of such relevant "risks."
4. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS
Answer aforementioned state the manner in which the claimed risk(s) “assumed” or voluntarily
encountered by the Plaintiff(s) bears any relationship to the causation of the accident or causation
or aggravation of any injuries and damages. Identify any document, record, photograph or other
recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be
evidence of such injuries and damage(s) so caused or aggravated, as claimed, or which is claimed
to be evidence that such “risk[s]” as claimed are causally related to the accident or otherwise related
to the damages, sickness and injuries at issue herein.
5. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS
Answer aforementioned state the manner in which it is claimed, if any such claim in defense shall
be asserted, that the Plaintiff(s) failed to effect a cure of, failed to prevent and/or reduce, mitigate,
or minimize injuries and/or damages associated with the occurrence relevant herein. Identify any
document, record, photograph or other recording, tangible object or non-memorialized admission
of the Plaintiff(s) which is claimed to be evidence of Plaintiff(s’) failure to effect a cure of, or failure
to prevent and/or reduce, mitigate, or minimize injuries and/or damages.
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FILED: SUFFOLK COUNTY CLERK 10/05/2022 09:27 AM INDEX NO. 606262/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/05/2022
6. With respect to the FIRST AFFIRMATIVE DEFENSE of Defendant(s)
JOSE D. CHICAS Answer aforementioned, identify all of the Plaintiff(s) injuries claimed, if any
such claim in defense shall be asserted, to have been enhanced, exacerbated, or which would
otherwise have been prevented, mitigated, abated, or diminished, but for any alleged culpable failure
of the Plaintiff(s) to reduce, mitigate or minimize, prevent and/or reduce, injuries and/or damages.
Identify any document, record, photograph or other recording, tangible object or non-memorialized
admission of the Plaintiff(s) which is claimed to be evidence of Plaintiff(s’) failure to prevent and/or
reduce, or mitigate or minimize injuries and/or damages.
7. With respect to the SECOND Affirmative Defense of Defendant(s) JOSE D.
CHICAS Answer aforementioned, identify any document, record, photograph or other recording,
tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of
non-utilization or mis-use of seat belt or other safety devices and set forth the basis of any claim of
any causal relationship between scope or degree of injury and the claimed failure to use available seat
belts or to utilize any such other safety device(s).
8. With respect to the SECOND Affirmative Defense of Defendant(s) JOSE D.
CHICAS Answer aforementioned, identify all of the Plaintiff(s’) injuries claimed to have been
enhanced, exacerbated, or which would otherwise have been prevented, mitigated, abated, or
diminished, but for the alleged culpable failure of the Plaintiff(s) to use or mis-use available seat belts
or failure to utilize any other safety device(s). Identify any document, record, photograph or other
recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be
evidence of Plaintiff(s)' failure to “use available seat belts” and/or any such other safety device(s).
9. Relative to any Affirmative Defense or cross claim asserted herein, if any violation of
any statute, law, ordinance, rule, regulation or code is claimed to have been committed by the
Plaintiff(s), identify same by article section and paragraph numbers.
10. If it is claimed that construction, fabrication or mechanical defect or insufficiency
relative to any chattel associated with the occurrence but not under the control of Defendant(s) is
causally related to the occurrence, state the manner in which it is so claimed and describe any and all
such defect(s) and/or insufficienc(ies) with particularity. Identify any document, record, photograph
or other recording, tangible object or non-memorialized admission of the Plaintiff(s), or any other
party herein, which is claimed to be evidence of any such claimed construction, fabrication or
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mechanical defect or insufficiency. Identify any document, record, photograph or other recording,
tangible object or non-memorialized admission of third-parties which is claimed to be evidence of
a causal relationship between any claimed construction, fabrication or mechanical defect or
insufficiency and the happening of the occurrence or the causation of any injury or damage.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a Bill of
Particulars within the said period of twenty (20) days, a motion will be made for an Order precluding
you from giving any evidence at the trial of the above items, of which particulars have not been
delivered in accordance with this demand.
Dated: Bethpage, New York
October 5, 2022
TO:
LAW OFFICES OF KAREN L. LAWRENCE
1225 Franklin Avenue Suite 100
Garden City, New York 11530
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Preview
FILED: SUFFOLK COUNTY CLERK 10/05/2022 09:27 AM INDEX NO. 606262/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/05/2022 SUPREME COURT OF THE STATE OF NEW YORK, Index# 606262/2021 COUNTY OF SUFFOLK X JOSE N. DELCID RAMOS, DEMAND FOR VERIFIED BILL OF Plaintiff, PARTICULARS -against- RE: AFFIRMATIVE JOSE D. CHICAS, DEFENSES Defendants. X PLEASE TAKE NOTICE, that in accordance with Section 3041, Rule 3042 of the CPLR, Defendant(s) JOSE D. CHICAS are hereby required to serve upon the undersigned a Verified Bill of Particulars pursuant to the following demand within twenty (20) days. 1. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS Answer dated 5/25/2021 state how it is claimed that the injuries and/or damages sustained by the Plaintiff(s) herein were caused in whole or in part by the “culpable conduct,” of the Plaintiff. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff claimed to be evidence of such “culpable conduct,” as alleged, i. Set forth all the acts and/or omissions constituting the negligence, culpable conduct or carelessness of the Plaintiff(s) as alleged. ii. State whether actual or constructive notice of any relevant condition or activity is claimed to have been imparted upon the Plaintiff(s), and, if so, set forth the nature and extent of such condition or activity. iii. If actual notice is claimed, set forth the following: (1) The date/dates of each said notice; (2) The names of the agents and/or servants of the Plaintiff(s) to whom said actual notice was allegedly given such dates; (3) by whom said actual notice was allegedly given on each of such dates; (4) The substance of each said notice; (5) Whether such notice was oral or in writing. 1 of 4 FILED: SUFFOLK COUNTY CLERK 10/05/2022 09:27 AM INDEX NO. 606262/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/05/2022 iv. If constructive notice any relevant condition or activity is claimed, the length of time said condition or activity is alleged existed prior to the happening of the occurrence. If the length of time is not known, so state. 2. With respect to the FIRST Affirmative Defense of JOSE D. CHICAS Answer aforementioned state how it is claimed that the injuries and/or damages sustained by the Plaintiff(s) herein were caused in whole or in part by risk(s) “assumed” or voluntarily encountered by the Plaintiff. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission either of the Plaintiff claimed to be evidence of such assum[ption] of risk as alleged. 3. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS Answer aforementioned state what "risk[s]" are claimed extant that the Plaintiff(s) “assumed” or voluntarily encountered which are claimed relevant to the determination of the Plaintiff(s) responsibility in the happening of the occurrence. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of such relevant "risks." 4. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS Answer aforementioned state the manner in which the claimed risk(s) “assumed” or voluntarily encountered by the Plaintiff(s) bears any relationship to the causation of the accident or causation or aggravation of any injuries and damages. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of such injuries and damage(s) so caused or aggravated, as claimed, or which is claimed to be evidence that such “risk[s]” as claimed are causally related to the accident or otherwise related to the damages, sickness and injuries at issue herein. 5. With respect to the FIRST Affirmative Defense of Defendant(s) JOSE D. CHICAS Answer aforementioned state the manner in which it is claimed, if any such claim in defense shall be asserted, that the Plaintiff(s) failed to effect a cure of, failed to prevent and/or reduce, mitigate, or minimize injuries and/or damages associated with the occurrence relevant herein. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of Plaintiff(s’) failure to effect a cure of, or failure to prevent and/or reduce, mitigate, or minimize injuries and/or damages. 2 of 4 FILED: SUFFOLK COUNTY CLERK 10/05/2022 09:27 AM INDEX NO. 606262/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/05/2022 6. With respect to the FIRST AFFIRMATIVE DEFENSE of Defendant(s) JOSE D. CHICAS Answer aforementioned, identify all of the Plaintiff(s) injuries claimed, if any such claim in defense shall be asserted, to have been enhanced, exacerbated, or which would otherwise have been prevented, mitigated, abated, or diminished, but for any alleged culpable failure of the Plaintiff(s) to reduce, mitigate or minimize, prevent and/or reduce, injuries and/or damages. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of Plaintiff(s’) failure to prevent and/or reduce, or mitigate or minimize injuries and/or damages. 7. With respect to the SECOND Affirmative Defense of Defendant(s) JOSE D. CHICAS Answer aforementioned, identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of non-utilization or mis-use of seat belt or other safety devices and set forth the basis of any claim of any causal relationship between scope or degree of injury and the claimed failure to use available seat belts or to utilize any such other safety device(s). 8. With respect to the SECOND Affirmative Defense of Defendant(s) JOSE D. CHICAS Answer aforementioned, identify all of the Plaintiff(s’) injuries claimed to have been enhanced, exacerbated, or which would otherwise have been prevented, mitigated, abated, or diminished, but for the alleged culpable failure of the Plaintiff(s) to use or mis-use available seat belts or failure to utilize any other safety device(s). Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s) which is claimed to be evidence of Plaintiff(s)' failure to “use available seat belts” and/or any such other safety device(s). 9. Relative to any Affirmative Defense or cross claim asserted herein, if any violation of any statute, law, ordinance, rule, regulation or code is claimed to have been committed by the Plaintiff(s), identify same by article section and paragraph numbers. 10. If it is claimed that construction, fabrication or mechanical defect or insufficiency relative to any chattel associated with the occurrence but not under the control of Defendant(s) is causally related to the occurrence, state the manner in which it is so claimed and describe any and all such defect(s) and/or insufficienc(ies) with particularity. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of the Plaintiff(s), or any other party herein, which is claimed to be evidence of any such claimed construction, fabrication or 3 of 4 FILED: SUFFOLK COUNTY CLERK 10/05/2022 09:27 AM INDEX NO. 606262/2021 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/05/2022 mechanical defect or insufficiency. Identify any document, record, photograph or other recording, tangible object or non-memorialized admission of third-parties which is claimed to be evidence of a causal relationship between any claimed construction, fabrication or mechanical defect or insufficiency and the happening of the occurrence or the causation of any injury or damage. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish such a Bill of Particulars within the said period of twenty (20) days, a motion will be made for an Order precluding you from giving any evidence at the trial of the above items, of which particulars have not been delivered in accordance with this demand. Dated: Bethpage, New York October 5, 2022 TO: LAW OFFICES OF KAREN L. LAWRENCE 1225 Franklin Avenue Suite 100 Garden City, New York 11530 4 of 4