Preview
FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
JESUS A. MERAN-FAMILDE,
VERIFIED BILL
OF PARTICULARS
Plaintiff,
-against-
Index No: 35510/2020E
CARLOS A. DIKSON,
Defendant.
Plaintiff, JESUS A. MERAN-FAMILIA ("Plaintiff'), by his attorneys, ALAN RIPKA &
ASSOCIATES, LLP, responding to the Demand for a Verified Bill of Pardculars of the defendant
CARLOS A. DIKSON ("DIKSON") ("defendãñt"), states as follows under information and belief:
1. Plaintiff objects to defendant's demand for Plaintiff s address on gmunds of privacy, as
evidentiary in nature, and as outside the scope of Bill of Particulars. However, without
waiving this objection, Plaintiff s name is Jesus Meran-Familia. Plaintiff s address is 7JUP
Plaintiff defendants'
2. objects to demand for Plaintiff's age and date of birth on grounds of
privacy, as evidentiary in nature, and as outside the scope of Bill of Particulars. However,
without waiving this objection, Plaintiff s year of birth is 1960.
3. Plaintiff objects to defendant's demand for Plaintiff's Social number on grounds of
Security
privacy, as evidentiary in nature, and as outside the scope of Bill of Particulars. However,
without waiving this objection the lastfour digits of Plaintiff s Social Security number are
8898.
4. Plaintiff objects to defendant's demand for the date and time of the subject occurrence as
evidentiary in nature, and as outside the scope of the Bill of Particulars. However, without
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this objection the subject incident occurred on March 7, 2018 at approximately
waiving
10:30 a.m.
defendants'
5. Plaintiff objects to demand for the exact location of the subject occurrence as
improper, broad, burdensome evidentiary in nature, outside the scope of a Bill
overly unduly
of Particulars, and as being phrased in the form of an interrogatory, thus barred by
CPLR§3043. However, without waiving this objection the subject incident occurred on
180th
University Avenue, at or near West Street, COunty Of the Bronx, City and State ofNew
York.
6. The defendant was negligent, reckless and careless in the ownership, operation,
supervision, repair, inspection, maintenance, management, use and control of his motor
vehicle as follows:
- in to defendant's vehicle under proper
failing keep control;
- in control of defendant's
losing vehicle;
- in defendant's vehicle to come into contact with
causing Plaintiff's vehicle;
- in the subject accident when there was a reasonable
causing opportunity to avoid same;
- in to make use of
failing ordinary defendant's senses;
- in negligently maintaining defendant's motor vehicle;
- in to maintain defendant's motor
failing properly vehicle;
- in defendant's motor
negligently mâñaging vehicle;
- in to manage defendant's motor
failing vehicle;
- in defendant's motor
negligently repairing vehicle;
- in to repair defendant's motor
failing vehicle;
- in defendant's motor
negligently inspecting vehicle;
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- in to inspect defendant's motor vehicle;
failing
- in defendant's motor vehicle;
negligently supervising
- in to supervise defendant's motor vehicle;
failing
- in defendant's motor vehicle;
negligently controlling
- in to control defendant's motor vehicle;
failing
- in to see what was there to be
failing seen;
- in to a proper lookout upon the roadway;
failing keep
- in to give due and proper of the movements of defendant's motor vehicle;
failing warning
- in to slow or defendant's motor vehicle in order to avoid the incident
failing stop
complained of herein;
- in to take heed of traffic control signals and applicable
failing devices, markings, laws;
- in to signal or give
failing signals;
- in to take heed of traffic
failing conditions;
- in to heed of weather
failing conditions;
- in to heed of
failing roadway conditions;
- in to operate his motor vehicle in a prudent and reasonable manner under
failing the
circumstances then and there existing on the date, time and location of the subject
occurrence;
- in his motor vehicle in such a manner so as to endanger the of
operating safety others,
including Plaintiff;
- in at an improper rate of speed under the circumstances then and there at
traveling existing
the time, date and location of the subject incident;
- in to observe to Plaintiff's motor vehicle;
failing
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- in to yield to Plaintiff's motor vehicle;
failing
- in to utilize the mirrors;
failing
- in to and time brakes;
failing properly apply
- in to his motor vehicle to a stop;
failing timely bring
- in to slow down in a
failing timely manner;
- in to be prepared to
failing stop;
- in to utilize signal lights;
failing properly
- in to act as a reasonable motorist would have acted under the circumstances then
failing
and there existing at the time, date and place of the subject occurrence; and
- in otherwise careless and negligent with regard to the operation of
being reckless,
defendant's motor vehicle.
7. Plaintiff objects to defendant's demand seeking what parts of each of the respective
vehicles came into contact with one another as improper evidentiary in nature, outside the
scope of a Bill of Particulars, and as being phrased in the form of an interrogatory, and thus
barred by CPLR§3043.
8. The statutes, laws, rules, regulations, ordinances and codes violated by defendant,
including the doctrine of res ipsa loquitur, of which Plaintiff will ask this Court will take
Judicial Notice of at the time of the trial of this action, are New York Vehicle and Traffic
Law §§ 1110(a), 1129(a), 1180(a), 1212, and NYC Traffic Rules §§ 4-06(a)(1); 4-06(a)(2);
4-07(a), 4-12e. Property Damage is being claimed.
defendants'
9. Plaintiff objects to demand for the make, model and year of manufacture of
value'
Plaintiff's vehicle, and the 'reaseñãble market thereof immdiately prior to, and
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following the subject occurrence as improper, vague, ambiguous, overly
immediately
burdensome, and outside the scope of a Bill of Particulars.
broad, unduly
10. Plaintiff sustained the injuries as a result of the subject incident:
following
LEFT SHOULDER
- Tear of the labrum.
As a result of the following, Plaintiff was required to undergo the following procedure,
performed by Mark D'Angelo, M.D. at CitiMedical PLLC on October 1, 2020:
Procedure performed: Left shoulder surgery with rotator cuff debridement, subacromial
decompression, bursectomy, acromioplasty, distal clavicle excision and plastics closure.
Pre-Operative Diagnosis: Left shoulder AC joint traumatic arthrosis and impingement
syndrome.
Post-Operative Diagnosis: Left shoulder AC joint traumatic arthrosis and impingement
syndrome
Findings: Down sloping acromion with articular-sided supraspinatus tendon tear and AC joint
traumatic arthrosis.
Description of Procedure: The patient was brought to the operating room and placed in
a lateral decubitus position. The left upper extremity was then prepped and draped.
Preoperative antibiotics were given within one hour of infusion. A time-out was
performed. A posterolateral incision was made in the shoulder and the arthroscope was
inserted into the glenohumeral joint. A diagnostic arthroscopy was then performed, and
the above findings were then noted. Under direct visualization, an anterior portal was then
made. A shaver was then inserted, and undersurface of the supraspinatus tendon was then
debrided from the articular-sided tear. Stable tendon was then noted. The arthroscope was
then re-directed into the subacromial space. Under directed visualization, a lateral portal
was then made. Shaver was then inserted, and the undersurface of the acromion was then
exposed and removed to periosteum. The arthroscope was then redirected through the
lateral portal and while the assistant was holding the scope in the lateral portal, I inserted
the burr through the posterior portal and converted the acromion from a type III to type I
acromion. An accessory anterior portal was then made on top of the AC joint. The burr
was then inserted, and the distal 1 cm of the distal clavicle was resected. Final pictures
were then taken, and the shoulder was then copiously irrigated, and the instrumentation
was removed. The portals were then closed with 4-0 Monocryl and Mastisol and Steris for
skin. Sterile dressing was then applied, and the patient was taken to the recovery room in
good condition.
- Post-Surgical scarring;
- Internal derangement;
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-
Sprain/strain;
-
Effusion;
-
Edema;
- Severe and tenderness;
pain, swelling
- nerve pain and
Striking numbness;
- Need for future injections;
- Need for future surgery.
As a result of the foregoing, Plaintiff suffers from severe pain, swelling and tenderness of the
Left shoulder resulting in loss of strength, loss of function, loss of motion, and 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.
CERVICAL SPINE
- disc
Herniated/bulging C3-C4;
- disc
Bulging C4-C5,
- disc
Bulging C5-C6;
- disc
Herniated/bulging C6-C7;
As a result of the following, Plaintiff was required to undergo the procedure,
following
performed by Mark Geedstein, M.D. at Health plus Surgery Center on March 26, 2019:
Procedure performed: Cervical Epidural injection at C7-T1 towards the left with
fluoroscopic needle guidance. Interoperative interpretation of cervical epidural gram.
- Cervical spine displacement;
- Internal derangement;
-
Radiculopathy;
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-
Strain/sprain;
- Adjacent segment degeneration;
- nerve pain and
Striking nurnbness;
- Severe and
pain, swelling tenderness;
- Marked restriction in range of motion;
- Post-traumatic arthritis;
- Need for future injections;
- Need for future surgery;
As a result of the foregoing, Plaintiff suffers from severe pain, swelling and tenderness of
the cervical spine resulting in loss of strength, loss of function, loss of motion, and 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.
The foregoing injuries directly affected the bones, tendons, tissues, muscle ligaments, nerves,
blood vessels and soft tissue in and about the involved areas and sympathetic and radiating pains from
all of which plaintiff suffered, stillsuffers, and may permanently suffer.
As a result of the above injuries herein sustained, plaintiff suffered a severe shock to her
nervous system. The foregoing injuries hereinauove sustained, with the exception of bruises and
contusions, are permanent and progressive in nature.
Plaintiff may permanently suffer from the aforesaid injuries and from its effects upon her
nervous system and may limit her activities, her employment and her life. Plaintiff may be
restricted in her normal life and activities and may permanently require medical and neurological
care and attention.
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Upon information and all of the above injuries, their residuals and sequelae are
belief,
and progressive in nature, except for objective signs of contusions and
permanent, continuing
abrasions. In addition, the above injuries have caused plaintiff to complain and suffer pain in those
areas the injured tissue and affecting the full,normal and free function of the injured
surrounding
region, all of which still have residual conditions which stillexist and which, upon information
and belief, except for those of superficial nature, will be permâñent.
Further, upon information and belief, plaintiff has arthritic changes as a result of the
injuries described which may require surgical procedures and medical care.
All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and
involvements are associated with further soft tissue to the areas traumatically affected, including
some of all of the following: tearing, derangement and damage to the associated muscle groups,
ligaracñts, tendons, cartilage, blood, tissue epithelial tissue, allconcomitant to the specific injuries
related to the specific portions of the body mentioned hereinabove, with resultant hemorrhage,
pain, ecchymosis, deformity and disability; stiffness, tenderness, wedness and partial restriction
and limitation of motion, pain or motion, and loss of use of the abovementioned parts; atrophy,
anxiety and mental anguish; all of which have substantially prevented plaintiff from enjoying the
normal fruits of social activities.
Plaintiff suffered, stillsuffers, and upon information and belief, will continue to suffer pain,
discomfort and limited movement of the injured portions of her body, including the adjacent and
surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues.
To the extent defendants claim that any injuries sustained by the plaintiff were caused by
preexisting conditions and/or degêñêrative conditions, plaintiff alleges that any so claimed
and/or degêñêrative conditions were latent, inactive and dormant and were exacerbated
preexisting
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activated and/or aggravated the acts and omission of defendants giving rise to the accident and
by
injuries set forth herein.
Plaintiff believes that allthe injuries hereinabove mentioned except for the bruises
verily
and contusions sustained are progressive and perreanent in nature.
Plaintiff reserves the right to prove any and all further consequences and any and all further
medical expenses up to and at the time of trial.
11. Plaintiff objects to defendant's demand to state the names and addresses of any hospital
facility, or physicians, with whom Plaintiff treated, including dates of admissions and discharge as
improper, overly broad, unduly burdensome, evidentiary in nature, outside the scope of a Bill of
Particulars, and as being stated in the form of an interrogatory and thus baned pursuant to CPLR
§3043. However, without waiving this objection, Plaintiff will refer defendant to Plaintiff's
Response to Combined Demands for relevant medical authorizations.
12. Plaintiff objects to defendant's demand to state plaintiff's confinement, as improper,
overly broad, unduly burdensome, evidentiary in nature, outside the scope of a Bill of Particulars,
and as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043.
Without waiving this objection, Plaintiff was confined to bed for approximately two weeks
irnmediately following the date of the subject incident, and intemlittently thereafter. Plaintiff was
confined to his home for approximately two months immediately following the date of the subject
incident and intermittently thereafter.
defeñdants'
13. Plaintiff objects to demand to state the length of time plaintiff was
incapacitated from employment and/or household duties as a result of the subject occurrence as
improper, evidentiary in nature, outside the scope of the Bill of Particulars, and as being stated in
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the form of an and thus barred pursuant to CPLR §3043. However, without waiving
interrogatory
this particulars loss of earnings, if any, will be provided under separate cover.
objection, regarding
defendants'
14. Plaintiff, objects to demand for all amounts of special damages as improper,
in nature, and outside the scope of the Bill of Particulars. However, without waiving
evidentiary
this objection, Plaintiff is claiming past, present and future medical bills; and past, present and
future pain and suffering, amount of which will be determined at trialby the trier-in-fact. Plaintiff
is currently unaware of the total billing amounts. Plaintiff are providing defendants with
âütlierizations under separate cover. The following is an approximation of costs, expenses and
special damages incurred by the Plaintiff:
a. Physician Services: Approximately $ 75,000.00 and continuing
b. Medical supplies: Included in (a) and (d) herein;
c. Nurses Expenses: Included in (a) and (d) herein;
d. Hospital Expenses: Estimated $ 5,000.00;
e. X-Ray Expenses: Included in (a) and (d) herein;
f. Chiropractors: Included in (a) herein;
g. Physiotherapists: Included in (a) herein;
h. Drugs and Medications: Included in (a) and (d) herein;
i. Loss of Earnings: To be provided if applicable; and
defendants'
j. Any Other Special Damages Claimed: Plaintiff objects to demand
'other'
for special damages as vague, ambiguous, improper, broad,
overly unduly
burdensome, and outside the scope of a Bill of Particulars. However, without
waiving this objection, Plaintiff is claiming past, present and future medical bills;
and past, present and future pain and suffering, amounts of which will be
determined at trialby the trier of fact. Plaintiff's special damages are continuing,
and Plaintiff reserves the right to prove any additional costs at the time of trial
hereon. Itis also anticipated that Plaintiff will require future treatment forinjuries
to the body parts and affected areas claimed herein, including but not limited to
injections, physical therapy, analgesics, MRIs and other diagnostic studies, and
future surgery.
Anticipated future medical costs are estimated at $ 250,000.00.
defêñdants'
15. Plaintiff objects to demand for witnesses information as vague, ambiguous,
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in nature, and outside the scope of a Bill of
improper, overly broad, unduly burdensome, evidentie1y
Particulars. without this objection Plaintiff is unaware of any witnesses to the
However, waiving
subject occurrence other than those listed on the Police Report, which is a public record.
16. Plaintiff objects to defendants demand to provide the last known name and address of any
person who has information regarding the condition of Plaintiff's vehicle on thedate of the subject
occurrence as improper, evidentiary in nature, outside the scope of a Bill of Particulars, and as
being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043.
defendants'
17. Plaintiff objects to demand for Plaintiff's employment information as
evidentiary in nature, outside the scope of a Bill of Particulars, and as being stated in the form of
an interrogatory and thus barred pursuant to CPLR §3043. However, without waiving this
objection, Plaintiff will refer defendants to Plaintiff's Response to Combined Demands served
under separate cover for relevant employment authorizations, if any.
18. Inapplicable; Plaintiff is not a student.
defendants'
19. Plaintiff objects to demand for collateral source information as overly broad,
unduly burdensome, evidentiary in nature, outside the scope of a bill of Particulars, and as being
phrased in the form of an interrogatory, and thus barred by CPLR§3043. However, without waiving
this objection, Plaintiff will refer defendants to Plaintiff's Response to Corebined Demands for
relevant collateral source authorization.
defendants'
20. Plaintiff objects to demand to state in what respect Plaintiff has sustained a
injury'
'serious as evidentiary in nature, improper, outside the scope of a Bill of Particulars, and
as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043. However,
without this objection, Plaintiff has sustained serious injuries as defined in § 5102 of the
waiving
Insurance law of the State of New York in that he sustained a significant limitation of a body
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function or a permanent scar; a permanent consequential limitation of a body
system; disfiguring
organ or member; and a determined injury or impairment of a non-permanent nature
medically
which prevented Plaintiff from performing all of the material acts which constituted Plaintiff's
usual and customary daily activities for not less than ninety (90) days during the one-hundred and
eighty (180) days immediately following the injury or impairment, and/or permanent pain.
'basic'
Plaintiff has incurred economic lass greater than economic loss, in that Plaintiff has
incurred or will incur costs, expenses and special damages in excess of $ 50,000.00.
defendants'
21. Plaintiff objects to demand to state whether Plaintiff is claiming aggravation
or precipitation of a pre-existing injury or condition as evidentiary in nature, and as being stated
in the form of an interrogatory and thus barred pursuant to CPLR §3043. However, without
"10"
waiving this objection, Plaintiff will refer defendants to Plaintiff's response to item herein.
22. Inapplicable; there is no cause of action in the Complaint for loss of services at this time.
23. - 25. there is no cause of action in the Complaint for wrongful death at this
Inapplicabic;
time.
PLEASE TAKE FURTHER NOTICE that the Plaintiff reserves the right to amend and/or
supplement the foregoing responses up to the time of trial,pursuant to the CPLR.
Dated: New York, New York
July 13, 2021
ALAN RIP C.ATES, LLP
By:
Seth . KatzTs'q.
Attorneys f r Plaintiff
JESÜS RAN FAMILIA
Mad'
400 on Avenue, Ste. 12D
Ne Y , New York 10017
(212) 557-4777
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To: BAKER, MCEVOY, MORRISSEY
& MOSKOVITS, P.C.
Attorneys for Defendant
CARLOS DIKSON
8th
One MetroTech Center, FlOOr
Brooklyn, New York 11201
(212) 857-8230
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
Seth M. Katz, Esq., an attorney at law, duly admitted to practice in the Courts of the State,
affirms under penalties of perjury:
I am the attorney for the Plaintiff in the above-entitled action. I have read the forgoing
VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon information
and belief, affirmant believes after an inquiry reasoñãble under circumstances the matters alleged
herein to be true, and that contentions herein are not frivolous, as that tenn is defined in Part 130.
The reason this verification is made by the affirmant and not by the Plaintiff is that the
Plaintiff herein resides in a County other than the County in which I maintain my offices.
The source of affirmant's information and the grounds of his belief are coirununications,
papers, reports and investigations contained in the file maintained by this office.
Dated: New York, New York
July 13, 2021
e M. Katz, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Affidavit Of Service
JESUS MERAN FAMILIA,
Plaintiff,
-against- Index No.: 35510/2020E
CARLOS A. DIKSON,
Defendants.
County of New York )
) ss.:
State of New York )
Jenny Rivera-Mojica, being duly sworn, deposes and says:
I am not a party to this action, am above the age of eighteen years, and reside
in Bronx County, State of New York. On July 13, 2021, I served the within
PLAINTIFF'S VERIFIED BILL OF PARTICULARS upon the below-named
party(ies) or their attorney(s), located at the address listed below:
BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C.
86
One MetroTech Center, Floor
Brooklyn, New York 11201
by First Class Mail, by depositing a true copy of the same enclosed in a postpaid
properly addressed envelope in a post office or official depository under the exclusive
care and custody of the United States Postal Service.
by Electronic Email: only to
by personally delivering the same.
13th
Dated this day of July, 2021
Rive a-Mojica
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INDEX No.: 35510/2020E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
.. . ..
JESUS MERAN-FAMILIA,
Plaintiff,
-against-
CARLOS A. DIKSON,
Defendant.
PLAINTIFF'S VERIFIED BILL OF PARTICULARS
__
Preview
FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX JESUS A. MERAN-FAMILDE, VERIFIED BILL OF PARTICULARS Plaintiff, -against- Index No: 35510/2020E CARLOS A. DIKSON, Defendant. Plaintiff, JESUS A. MERAN-FAMILIA ("Plaintiff'), by his attorneys, ALAN RIPKA & ASSOCIATES, LLP, responding to the Demand for a Verified Bill of Pardculars of the defendant CARLOS A. DIKSON ("DIKSON") ("defendãñt"), states as follows under information and belief: 1. Plaintiff objects to defendant's demand for Plaintiff s address on gmunds of privacy, as evidentiary in nature, and as outside the scope of Bill of Particulars. However, without waiving this objection, Plaintiff s name is Jesus Meran-Familia. Plaintiff s address is 7JUP Plaintiff defendants' 2. objects to demand for Plaintiff's age and date of birth on grounds of privacy, as evidentiary in nature, and as outside the scope of Bill of Particulars. However, without waiving this objection, Plaintiff s year of birth is 1960. 3. Plaintiff objects to defendant's demand for Plaintiff's Social number on grounds of Security privacy, as evidentiary in nature, and as outside the scope of Bill of Particulars. However, without waiving this objection the lastfour digits of Plaintiff s Social Security number are 8898. 4. Plaintiff objects to defendant's demand for the date and time of the subject occurrence as evidentiary in nature, and as outside the scope of the Bill of Particulars. However, without 1 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 this objection the subject incident occurred on March 7, 2018 at approximately waiving 10:30 a.m. defendants' 5. Plaintiff objects to demand for the exact location of the subject occurrence as improper, broad, burdensome evidentiary in nature, outside the scope of a Bill overly unduly of Particulars, and as being phrased in the form of an interrogatory, thus barred by CPLR§3043. However, without waiving this objection the subject incident occurred on 180th University Avenue, at or near West Street, COunty Of the Bronx, City and State ofNew York. 6. The defendant was negligent, reckless and careless in the ownership, operation, supervision, repair, inspection, maintenance, management, use and control of his motor vehicle as follows: - in to defendant's vehicle under proper failing keep control; - in control of defendant's losing vehicle; - in defendant's vehicle to come into contact with causing Plaintiff's vehicle; - in the subject accident when there was a reasonable causing opportunity to avoid same; - in to make use of failing ordinary defendant's senses; - in negligently maintaining defendant's motor vehicle; - in to maintain defendant's motor failing properly vehicle; - in defendant's motor negligently mâñaging vehicle; - in to manage defendant's motor failing vehicle; - in defendant's motor negligently repairing vehicle; - in to repair defendant's motor failing vehicle; - in defendant's motor negligently inspecting vehicle; 2 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 - in to inspect defendant's motor vehicle; failing - in defendant's motor vehicle; negligently supervising - in to supervise defendant's motor vehicle; failing - in defendant's motor vehicle; negligently controlling - in to control defendant's motor vehicle; failing - in to see what was there to be failing seen; - in to a proper lookout upon the roadway; failing keep - in to give due and proper of the movements of defendant's motor vehicle; failing warning - in to slow or defendant's motor vehicle in order to avoid the incident failing stop complained of herein; - in to take heed of traffic control signals and applicable failing devices, markings, laws; - in to signal or give failing signals; - in to take heed of traffic failing conditions; - in to heed of weather failing conditions; - in to heed of failing roadway conditions; - in to operate his motor vehicle in a prudent and reasonable manner under failing the circumstances then and there existing on the date, time and location of the subject occurrence; - in his motor vehicle in such a manner so as to endanger the of operating safety others, including Plaintiff; - in at an improper rate of speed under the circumstances then and there at traveling existing the time, date and location of the subject incident; - in to observe to Plaintiff's motor vehicle; failing 3 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 - in to yield to Plaintiff's motor vehicle; failing - in to utilize the mirrors; failing - in to and time brakes; failing properly apply - in to his motor vehicle to a stop; failing timely bring - in to slow down in a failing timely manner; - in to be prepared to failing stop; - in to utilize signal lights; failing properly - in to act as a reasonable motorist would have acted under the circumstances then failing and there existing at the time, date and place of the subject occurrence; and - in otherwise careless and negligent with regard to the operation of being reckless, defendant's motor vehicle. 7. Plaintiff objects to defendant's demand seeking what parts of each of the respective vehicles came into contact with one another as improper evidentiary in nature, outside the scope of a Bill of Particulars, and as being phrased in the form of an interrogatory, and thus barred by CPLR§3043. 8. The statutes, laws, rules, regulations, ordinances and codes violated by defendant, including the doctrine of res ipsa loquitur, of which Plaintiff will ask this Court will take Judicial Notice of at the time of the trial of this action, are New York Vehicle and Traffic Law §§ 1110(a), 1129(a), 1180(a), 1212, and NYC Traffic Rules §§ 4-06(a)(1); 4-06(a)(2); 4-07(a), 4-12e. Property Damage is being claimed. defendants' 9. Plaintiff objects to demand for the make, model and year of manufacture of value' Plaintiff's vehicle, and the 'reaseñãble market thereof immdiately prior to, and 4 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 following the subject occurrence as improper, vague, ambiguous, overly immediately burdensome, and outside the scope of a Bill of Particulars. broad, unduly 10. Plaintiff sustained the injuries as a result of the subject incident: following LEFT SHOULDER - Tear of the labrum. As a result of the following, Plaintiff was required to undergo the following procedure, performed by Mark D'Angelo, M.D. at CitiMedical PLLC on October 1, 2020: Procedure performed: Left shoulder surgery with rotator cuff debridement, subacromial decompression, bursectomy, acromioplasty, distal clavicle excision and plastics closure. Pre-Operative Diagnosis: Left shoulder AC joint traumatic arthrosis and impingement syndrome. Post-Operative Diagnosis: Left shoulder AC joint traumatic arthrosis and impingement syndrome Findings: Down sloping acromion with articular-sided supraspinatus tendon tear and AC joint traumatic arthrosis. Description of Procedure: The patient was brought to the operating room and placed in a lateral decubitus position. The left upper extremity was then prepped and draped. Preoperative antibiotics were given within one hour of infusion. A time-out was performed. A posterolateral incision was made in the shoulder and the arthroscope was inserted into the glenohumeral joint. A diagnostic arthroscopy was then performed, and the above findings were then noted. Under direct visualization, an anterior portal was then made. A shaver was then inserted, and undersurface of the supraspinatus tendon was then debrided from the articular-sided tear. Stable tendon was then noted. The arthroscope was then re-directed into the subacromial space. Under directed visualization, a lateral portal was then made. Shaver was then inserted, and the undersurface of the acromion was then exposed and removed to periosteum. The arthroscope was then redirected through the lateral portal and while the assistant was holding the scope in the lateral portal, I inserted the burr through the posterior portal and converted the acromion from a type III to type I acromion. An accessory anterior portal was then made on top of the AC joint. The burr was then inserted, and the distal 1 cm of the distal clavicle was resected. Final pictures were then taken, and the shoulder was then copiously irrigated, and the instrumentation was removed. The portals were then closed with 4-0 Monocryl and Mastisol and Steris for skin. Sterile dressing was then applied, and the patient was taken to the recovery room in good condition. - Post-Surgical scarring; - Internal derangement; 5 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 - Sprain/strain; - Effusion; - Edema; - Severe and tenderness; pain, swelling - nerve pain and Striking numbness; - Need for future injections; - Need for future surgery. As a result of the foregoing, Plaintiff suffers from severe pain, swelling and tenderness of the Left shoulder resulting in loss of strength, loss of function, loss of motion, and 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. CERVICAL SPINE - disc Herniated/bulging C3-C4; - disc Bulging C4-C5, - disc Bulging C5-C6; - disc Herniated/bulging C6-C7; As a result of the following, Plaintiff was required to undergo the procedure, following performed by Mark Geedstein, M.D. at Health plus Surgery Center on March 26, 2019: Procedure performed: Cervical Epidural injection at C7-T1 towards the left with fluoroscopic needle guidance. Interoperative interpretation of cervical epidural gram. - Cervical spine displacement; - Internal derangement; - Radiculopathy; 6 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 - Strain/sprain; - Adjacent segment degeneration; - nerve pain and Striking nurnbness; - Severe and pain, swelling tenderness; - Marked restriction in range of motion; - Post-traumatic arthritis; - Need for future injections; - Need for future surgery; As a result of the foregoing, Plaintiff suffers from severe pain, swelling and tenderness of the cervical spine resulting in loss of strength, loss of function, loss of motion, and 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. The foregoing injuries directly affected the bones, tendons, tissues, muscle ligaments, nerves, blood vessels and soft tissue in and about the involved areas and sympathetic and radiating pains from all of which plaintiff suffered, stillsuffers, and may permanently suffer. As a result of the above injuries herein sustained, plaintiff suffered a severe shock to her nervous system. The foregoing injuries hereinauove sustained, with the exception of bruises and contusions, are permanent and progressive in nature. Plaintiff may permanently suffer from the aforesaid injuries and from its effects upon her nervous system and may limit her activities, her employment and her life. Plaintiff may be restricted in her normal life and activities and may permanently require medical and neurological care and attention. 7 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 Upon information and all of the above injuries, their residuals and sequelae are belief, and progressive in nature, except for objective signs of contusions and permanent, continuing abrasions. In addition, the above injuries have caused plaintiff to complain and suffer pain in those areas the injured tissue and affecting the full,normal and free function of the injured surrounding region, all of which still have residual conditions which stillexist and which, upon information and belief, except for those of superficial nature, will be permâñent. Further, upon information and belief, plaintiff has arthritic changes as a result of the injuries described which may require surgical procedures and medical care. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue to the areas traumatically affected, including some of all of the following: tearing, derangement and damage to the associated muscle groups, ligaracñts, tendons, cartilage, blood, tissue epithelial tissue, allconcomitant to the specific injuries related to the specific portions of the body mentioned hereinabove, with resultant hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, wedness and partial restriction and limitation of motion, pain or motion, and loss of use of the abovementioned parts; atrophy, anxiety and mental anguish; all of which have substantially prevented plaintiff from enjoying the normal fruits of social activities. Plaintiff suffered, stillsuffers, and upon information and belief, will continue to suffer pain, discomfort and limited movement of the injured portions of her body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. To the extent defendants claim that any injuries sustained by the plaintiff were caused by preexisting conditions and/or degêñêrative conditions, plaintiff alleges that any so claimed and/or degêñêrative conditions were latent, inactive and dormant and were exacerbated preexisting 8 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 activated and/or aggravated the acts and omission of defendants giving rise to the accident and by injuries set forth herein. Plaintiff believes that allthe injuries hereinabove mentioned except for the bruises verily and contusions sustained are progressive and perreanent in nature. Plaintiff reserves the right to prove any and all further consequences and any and all further medical expenses up to and at the time of trial. 11. Plaintiff objects to defendant's demand to state the names and addresses of any hospital facility, or physicians, with whom Plaintiff treated, including dates of admissions and discharge as improper, overly broad, unduly burdensome, evidentiary in nature, outside the scope of a Bill of Particulars, and as being stated in the form of an interrogatory and thus baned pursuant to CPLR §3043. However, without waiving this objection, Plaintiff will refer defendant to Plaintiff's Response to Combined Demands for relevant medical authorizations. 12. Plaintiff objects to defendant's demand to state plaintiff's confinement, as improper, overly broad, unduly burdensome, evidentiary in nature, outside the scope of a Bill of Particulars, and as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043. Without waiving this objection, Plaintiff was confined to bed for approximately two weeks irnmediately following the date of the subject incident, and intemlittently thereafter. Plaintiff was confined to his home for approximately two months immediately following the date of the subject incident and intermittently thereafter. defeñdants' 13. Plaintiff objects to demand to state the length of time plaintiff was incapacitated from employment and/or household duties as a result of the subject occurrence as improper, evidentiary in nature, outside the scope of the Bill of Particulars, and as being stated in 9 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 the form of an and thus barred pursuant to CPLR §3043. However, without waiving interrogatory this particulars loss of earnings, if any, will be provided under separate cover. objection, regarding defendants' 14. Plaintiff, objects to demand for all amounts of special damages as improper, in nature, and outside the scope of the Bill of Particulars. However, without waiving evidentiary this objection, Plaintiff is claiming past, present and future medical bills; and past, present and future pain and suffering, amount of which will be determined at trialby the trier-in-fact. Plaintiff is currently unaware of the total billing amounts. Plaintiff are providing defendants with âütlierizations under separate cover. The following is an approximation of costs, expenses and special damages incurred by the Plaintiff: a. Physician Services: Approximately $ 75,000.00 and continuing b. Medical supplies: Included in (a) and (d) herein; c. Nurses Expenses: Included in (a) and (d) herein; d. Hospital Expenses: Estimated $ 5,000.00; e. X-Ray Expenses: Included in (a) and (d) herein; f. Chiropractors: Included in (a) herein; g. Physiotherapists: Included in (a) herein; h. Drugs and Medications: Included in (a) and (d) herein; i. Loss of Earnings: To be provided if applicable; and defendants' j. Any Other Special Damages Claimed: Plaintiff objects to demand 'other' for special damages as vague, ambiguous, improper, broad, overly unduly burdensome, and outside the scope of a Bill of Particulars. However, without waiving this objection, Plaintiff is claiming past, present and future medical bills; and past, present and future pain and suffering, amounts of which will be determined at trialby the trier of fact. Plaintiff's special damages are continuing, and Plaintiff reserves the right to prove any additional costs at the time of trial hereon. Itis also anticipated that Plaintiff will require future treatment forinjuries to the body parts and affected areas claimed herein, including but not limited to injections, physical therapy, analgesics, MRIs and other diagnostic studies, and future surgery. Anticipated future medical costs are estimated at $ 250,000.00. defêñdants' 15. Plaintiff objects to demand for witnesses information as vague, ambiguous, 10 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 in nature, and outside the scope of a Bill of improper, overly broad, unduly burdensome, evidentie1y Particulars. without this objection Plaintiff is unaware of any witnesses to the However, waiving subject occurrence other than those listed on the Police Report, which is a public record. 16. Plaintiff objects to defendants demand to provide the last known name and address of any person who has information regarding the condition of Plaintiff's vehicle on thedate of the subject occurrence as improper, evidentiary in nature, outside the scope of a Bill of Particulars, and as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043. defendants' 17. Plaintiff objects to demand for Plaintiff's employment information as evidentiary in nature, outside the scope of a Bill of Particulars, and as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043. However, without waiving this objection, Plaintiff will refer defendants to Plaintiff's Response to Combined Demands served under separate cover for relevant employment authorizations, if any. 18. Inapplicable; Plaintiff is not a student. defendants' 19. Plaintiff objects to demand for collateral source information as overly broad, unduly burdensome, evidentiary in nature, outside the scope of a bill of Particulars, and as being phrased in the form of an interrogatory, and thus barred by CPLR§3043. However, without waiving this objection, Plaintiff will refer defendants to Plaintiff's Response to Corebined Demands for relevant collateral source authorization. defendants' 20. Plaintiff objects to demand to state in what respect Plaintiff has sustained a injury' 'serious as evidentiary in nature, improper, outside the scope of a Bill of Particulars, and as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043. However, without this objection, Plaintiff has sustained serious injuries as defined in § 5102 of the waiving Insurance law of the State of New York in that he sustained a significant limitation of a body 11 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 function or a permanent scar; a permanent consequential limitation of a body system; disfiguring organ or member; and a determined injury or impairment of a non-permanent nature medically which prevented Plaintiff from performing all of the material acts which constituted Plaintiff's usual and customary daily activities for not less than ninety (90) days during the one-hundred and eighty (180) days immediately following the injury or impairment, and/or permanent pain. 'basic' Plaintiff has incurred economic lass greater than economic loss, in that Plaintiff has incurred or will incur costs, expenses and special damages in excess of $ 50,000.00. defendants' 21. Plaintiff objects to demand to state whether Plaintiff is claiming aggravation or precipitation of a pre-existing injury or condition as evidentiary in nature, and as being stated in the form of an interrogatory and thus barred pursuant to CPLR §3043. However, without "10" waiving this objection, Plaintiff will refer defendants to Plaintiff's response to item herein. 22. Inapplicable; there is no cause of action in the Complaint for loss of services at this time. 23. - 25. there is no cause of action in the Complaint for wrongful death at this Inapplicabic; time. PLEASE TAKE FURTHER NOTICE that the Plaintiff reserves the right to amend and/or supplement the foregoing responses up to the time of trial,pursuant to the CPLR. Dated: New York, New York July 13, 2021 ALAN RIP C.ATES, LLP By: Seth . KatzTs'q. Attorneys f r Plaintiff JESÜS RAN FAMILIA Mad' 400 on Avenue, Ste. 12D Ne Y , New York 10017 (212) 557-4777 12 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 To: BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. Attorneys for Defendant CARLOS DIKSON 8th One MetroTech Center, FlOOr Brooklyn, New York 11201 (212) 857-8230 13 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) Seth M. Katz, Esq., an attorney at law, duly admitted to practice in the Courts of the State, affirms under penalties of perjury: I am the attorney for the Plaintiff in the above-entitled action. I have read the forgoing VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon information and belief, affirmant believes after an inquiry reasoñãble under circumstances the matters alleged herein to be true, and that contentions herein are not frivolous, as that tenn is defined in Part 130. The reason this verification is made by the affirmant and not by the Plaintiff is that the Plaintiff herein resides in a County other than the County in which I maintain my offices. The source of affirmant's information and the grounds of his belief are coirununications, papers, reports and investigations contained in the file maintained by this office. Dated: New York, New York July 13, 2021 e M. Katz, Esq. 14 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Affidavit Of Service JESUS MERAN FAMILIA, Plaintiff, -against- Index No.: 35510/2020E CARLOS A. DIKSON, Defendants. County of New York ) ) ss.: State of New York ) Jenny Rivera-Mojica, being duly sworn, deposes and says: I am not a party to this action, am above the age of eighteen years, and reside in Bronx County, State of New York. On July 13, 2021, I served the within PLAINTIFF'S VERIFIED BILL OF PARTICULARS upon the below-named party(ies) or their attorney(s), located at the address listed below: BAKER, MCEVOY, MORRISSEY & MOSKOVITS, P.C. 86 One MetroTech Center, Floor Brooklyn, New York 11201 by First Class Mail, by depositing a true copy of the same enclosed in a postpaid properly addressed envelope in a post office or official depository under the exclusive care and custody of the United States Postal Service. by Electronic Email: only to by personally delivering the same. 13th Dated this day of July, 2021 Rive a-Mojica 15 of 16 FILED: BRONX COUNTY CLERK 07/13/2021 05:20 PM INDEX NO. 35510/2020E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 07/13/2021 INDEX No.: 35510/2020E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX .. . .. JESUS MERAN-FAMILIA, Plaintiff, -against- CARLOS A. DIKSON, Defendant. PLAINTIFF'S VERIFIED BILL OF PARTICULARS __