Preview
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
"C"
EXHIBIT
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
709721/2018
THALIA AGATHOCLEOUS
Plaintiff(s),
VERIFIED BILL OF
-against-
PARTICULARS
795 FIFTH AVENUE CORPORATION d/b/a THE
PIERRE,
Defendant(s).
Plaintiff(s), by her attorneys, SACCO & FILLAS, LLP, in response to the demands of
j defendant 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, for a Bill of
Particulars, alleges as follows:
1. The occurrence took place on 6, 2018 at 2:00 a.m.
January approximately
2. The occurrence took place at the premises of The Pierre Hotel, located at 2 East 61 Street,
County of New York, State of New York, more specifically in the lobby near the entrance
of the premises.
defendants'
3. Plaintiff was caused to slipand falldue to a wet floor located at and/or on the
premises located at 2 East 61 Street,County of New York, State of New York.
4. The defendants, their agents, servants and/or employees were negligent in the ownership,
management, operation, maintenance, cleaning, inspection, control and repair of its
premises, located at 2 East 61 Street, County of New York, State of New York; in
permitting and allowing wet floor to be and remain on the floor located at 2 East 61 Street,
County of New York, State of New York; in failing to give any waming of the aforesaid
dangerous and unsafe condition; in failing to provide those lawfully in said premises, and
the plaintiff, THALIA AGATHOCLEOUS, in particular, with a safe place to walk; in
failing to maintain the said area in a clean and safecondition and permitting the dangerous
SACCO& FILLAS,LLP
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
and unsafe condition to exist which defendants and/or
knew, in the exercise of reasonable
care, should have known, would cause to persons
injury lawfully upon the premises, in
failing to inspect or improperly the said area the in
inspecting including floor; failing to
take necessary and requisite steps to prevent this foreseeable occurrence; in creating a
hazard in the subject premises; in a nuisance in the
creating premises; in failing to
maintain the floor of said premises in a safe in a wet
reasonably condition; allowing floor
to exist at the subject premises; in to hire competent in to train
failing employees; failing
and instruct itseniplayces with regard to in to in
properly safety procedures; failing clean;
failing to put up curtain; in failing to put signs that the floor was wet; and in
up indicating
violating the applicable laws, rules and regulations then and there pertain_ing
5. The defendants violated the New York Building Codes:
following City
1. Section § 28-301.1 Owner Responsibility;
The defendants also violated the American Society for Testing and Materials Standard
Practice for Safe Walking Surfaces 4.7.1, 4.7.1.1, and 4.7.1.2. Defendants violated
American Society of Testing Materials Code D2047-04, in particular, Section 3.1.5.
6. Actual notice is being claimed. The defendants, their agents, servants and/or employees,
the exact identities of whom are not presently known to the plaintiff,and are subject to
further discovery proceedings, had actual notice of the said dangerous and defective
condition, and did create said dangerous and defective condition, and were present upon
the premises and/or place of business by itsagents, servants and/or employees, and actual
notice was given to the defendants, their agents, servants and/or employees prior to this
accident.
7. Constructive notice is being claimed. The defendants, its agents, servants and/or
SACCO& FILLAS,LLP
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
employees, had constructive notice of the dangerous, unsafe and defective conditiañ of the
premises at the aforesaid location in that the dangerous and defective condition existed for
a sufficient period of time prior to the accident that the defendants, their agents, servants
and/or employees, either knew of the defective condition, or should have known of the
Llañgerous and defective condition of the premises prior to the accident.
8. The dangerous condition being claimed is the wet floor of the lobby by the entrance of the
premises located at 2 East 61 Street, County of New York, State of New York.
defendants'
9. Plaintiff was caused to slip and fall due to a liquid substance at the premises
located at 2 East 61 Street, County of New York, State of New York, specifically in the
lobby near the entrance of the premises.
10. See response to §4, supra.
11. See response to §4, supra.
12. See response to §4, supra.
13. See response to §9, supra.
14. Not applicable.
15. Objection; the information is beyond the scope of a bill of particulars as it seeks
information that is evidentiary in nature.
16. Plaintiff was caused to slip and fallat the premises, 2 East 61 Street, County of New
York, State of New York, specifically in the lobby by the entrance of said premises.
17. Objection; the information is beyond the scope of a bill of particulars as it seeks
information that is evidentiary in nature.
18. Objection; the information is beyond the scope of a bill of particulars as it seeks
information that is evidentiary in nature.
SACCO& FIL1AS,LLP
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
19. Objection; the information is beyond the scope of a bill of particulars as it seeks
information that is in nature.
evidentiary
20. Not applicable.
21. Not applicable.
22. Not applicable.
23. As a result of this accident, THALIA sustaiñêd the
plaintiff, AGATHOCLEOUS,
following personal and permanent injuries:
- Closed fracture dislocation of the right shoulder
- Contusion of right lung
Right Shoulder - Dr. Lazarev - 01/06/2018
Surgery Aleksey
Pre-Operative Diagnosis:
- Right shoulder proximal humerus closed fracture dislocation and mü displaced
imally
right coracoid fracture
Post-Operative Diagnosis:
- Right shoulder proximal humerus closed fracture dislocation and displaced
minimally
right coracoid fracture
Operation:
- Right shoulder proximal humerus open reduction and internal fixation of fracture
dislocation, bone and biologic graft
CT of Chest - 02/08/18
- Surgical repair of the right humerus and shoulder seen on limited basis. There is
avulsion of the right coracoid.
- 0.5 x 0.3 cm nodule in the superior segment of the right lower lobe the lung
- 1.7 x 1.2 cm low-attenuation left adrenal nodule consistent with adenoma
In order to negate needless duplication, the plaintiff incorporates by reference the
physicians'
hospital records and reports to be served in conjunction with the medical
exchange rules insofar as the contents thereof are admissible in evidence at thetrialof this
action, and to the extent itis consistent with the injuries alleged in theBill of Particulars.
All of the foregoing injuries are with involvement of the surrounding muscles, bones,
SACCD& FILLAS,LLP
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
ligaments, tendons, nerves, both venous and arterial, fascia and other soft parts in said
regions, and with pain, deformity and disability. Said upon information and
injuries,
belief, are permanent and protracted in nature.
24. See response to §23, supra.
25. Plaintiff was confined to bed for three months.
approximately (3)
26. Plaintiff was confined to bed since date of accident.
27. Plaintiff was confined to Lenox Hill located at I00 East 77 New
Hospital, Street, York,
NY 10075 for approximately one (1) day.
28. See Plaintiffs Response to Combined Demands.
29. Plaintiffis employed by "Sbk Associates, Inc", 3 E 63rd St # 1C, New York, NY 10065,
as a florist.Plaintiff has been incapacitated from employment since the date of accident.
30. Plaintiff's date of birth is Plaintiffs current address is
Flushing, New York 11368. Plaintiffs Social Security number is
31. Due to the accident, Plaintiff incurred the following Special Damages:
- Workers'
a. Physician services provided to Compensation insurance carrier;
- Workers'
b. Medical Supplies provided to Compensation insurance carrier;
- Workers'
c. Hospital expenses provided Compensation insurance carrier;
- Workers'
d. X-rays and diagnostic tests provided to Compensation insurance
carrier;
Nurses' - Workers'
c. Services provided to Compensation insurancescarrier;
- Workers'
f. Loss of earnings provided by Compensation Board;
g. Other: Other Medical Expenses - $50,0,00 imd ontinuing
Dated: Astoria, NY
June 8, 2018
By f:onino Saco, F q.
SACCO & FILLAS, LLP
ttorneys for Plai t f(s)
halia Agatl creous
1-1 - c town Ave e
Astoria, NY 11 102,
(718) 746-3440 /
Our File# 20173-18
SACCO& F1LIAS,LLP
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
709721/2018
THALIA AGATHOCLEOUS
Plaintiff(s),
AFFIDAVIT OF MAIL
-against-
SERVICE
795 FIFTH AVENUE CORPORATION d/b/a THE
PIERRE,
Defendant(s).
STATE OF NEW YORK
COUNTY OF QUEENS
Regina M. Szmuc, being duly sworn, says:
I am not a party to the action; I reside at Queens, New York and I am over 18 years of
age.
On 8 day of June, 2018, I served the within Verified Ilill of Particulars by
a true thereof, enclosed in a post-paid wrapper, in an official depository under the
depositing copy
exclusive care and custody of the United States Postal Service within New York State,addressed
to the following at the lastknown address set forth below:
McMahon, Martine & Gallagher, LLP
55 Washington Street, 7th Floor
Brooklyn, NY 11201
Regina M. Szmuc
Swofdo before . ,
8 day of June 201
NOTARY DBLIC Coun y
Commission E .vptrea
04/07 /20
LLP
SACCO&FILLAS,
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.: 709721/2018
___________________________________ ______ _______________________
THALIA AGATHOCLEOUS
Plaintiff(s),
-against-
795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE,
Defendant(s).
_________________________________________________
VERIFIED BILL OF PARTICULARS
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted(to prac ice in th courts of
New York State, certifies that, upon information and belief and readanable ,inquiry, the
contentions contained in the annexed documents are not frivolous.
Dated: Astoria, NY Signature:
June 8, 2018 Tonin6 Sacco, Esq.
SACCO & FILLAS, LLP
Attorneys for Plaintiff(s)
Thalia Agathocleous
31-19 Newtown Avenue
Astoria, NY 11102
(718) 746-3440
Our File # 20173-18
SACCO& FluAS, LLP
Preview
FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 "C" EXHIBIT FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS 709721/2018 THALIA AGATHOCLEOUS Plaintiff(s), VERIFIED BILL OF -against- PARTICULARS 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, Defendant(s). Plaintiff(s), by her attorneys, SACCO & FILLAS, LLP, in response to the demands of j defendant 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, for a Bill of Particulars, alleges as follows: 1. The occurrence took place on 6, 2018 at 2:00 a.m. January approximately 2. The occurrence took place at the premises of The Pierre Hotel, located at 2 East 61 Street, County of New York, State of New York, more specifically in the lobby near the entrance of the premises. defendants' 3. Plaintiff was caused to slipand falldue to a wet floor located at and/or on the premises located at 2 East 61 Street,County of New York, State of New York. 4. The defendants, their agents, servants and/or employees were negligent in the ownership, management, operation, maintenance, cleaning, inspection, control and repair of its premises, located at 2 East 61 Street, County of New York, State of New York; in permitting and allowing wet floor to be and remain on the floor located at 2 East 61 Street, County of New York, State of New York; in failing to give any waming of the aforesaid dangerous and unsafe condition; in failing to provide those lawfully in said premises, and the plaintiff, THALIA AGATHOCLEOUS, in particular, with a safe place to walk; in failing to maintain the said area in a clean and safecondition and permitting the dangerous SACCO& FILLAS,LLP FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 and unsafe condition to exist which defendants and/or knew, in the exercise of reasonable care, should have known, would cause to persons injury lawfully upon the premises, in failing to inspect or improperly the said area the in inspecting including floor; failing to take necessary and requisite steps to prevent this foreseeable occurrence; in creating a hazard in the subject premises; in a nuisance in the creating premises; in failing to maintain the floor of said premises in a safe in a wet reasonably condition; allowing floor to exist at the subject premises; in to hire competent in to train failing employees; failing and instruct itseniplayces with regard to in to in properly safety procedures; failing clean; failing to put up curtain; in failing to put signs that the floor was wet; and in up indicating violating the applicable laws, rules and regulations then and there pertain_ing 5. The defendants violated the New York Building Codes: following City 1. Section § 28-301.1 Owner Responsibility; The defendants also violated the American Society for Testing and Materials Standard Practice for Safe Walking Surfaces 4.7.1, 4.7.1.1, and 4.7.1.2. Defendants violated American Society of Testing Materials Code D2047-04, in particular, Section 3.1.5. 6. Actual notice is being claimed. The defendants, their agents, servants and/or employees, the exact identities of whom are not presently known to the plaintiff,and are subject to further discovery proceedings, had actual notice of the said dangerous and defective condition, and did create said dangerous and defective condition, and were present upon the premises and/or place of business by itsagents, servants and/or employees, and actual notice was given to the defendants, their agents, servants and/or employees prior to this accident. 7. Constructive notice is being claimed. The defendants, its agents, servants and/or SACCO& FILLAS,LLP FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 employees, had constructive notice of the dangerous, unsafe and defective conditiañ of the premises at the aforesaid location in that the dangerous and defective condition existed for a sufficient period of time prior to the accident that the defendants, their agents, servants and/or employees, either knew of the defective condition, or should have known of the Llañgerous and defective condition of the premises prior to the accident. 8. The dangerous condition being claimed is the wet floor of the lobby by the entrance of the premises located at 2 East 61 Street, County of New York, State of New York. defendants' 9. Plaintiff was caused to slip and fall due to a liquid substance at the premises located at 2 East 61 Street, County of New York, State of New York, specifically in the lobby near the entrance of the premises. 10. See response to §4, supra. 11. See response to §4, supra. 12. See response to §4, supra. 13. See response to §9, supra. 14. Not applicable. 15. Objection; the information is beyond the scope of a bill of particulars as it seeks information that is evidentiary in nature. 16. Plaintiff was caused to slip and fallat the premises, 2 East 61 Street, County of New York, State of New York, specifically in the lobby by the entrance of said premises. 17. Objection; the information is beyond the scope of a bill of particulars as it seeks information that is evidentiary in nature. 18. Objection; the information is beyond the scope of a bill of particulars as it seeks information that is evidentiary in nature. SACCO& FIL1AS,LLP FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 19. Objection; the information is beyond the scope of a bill of particulars as it seeks information that is in nature. evidentiary 20. Not applicable. 21. Not applicable. 22. Not applicable. 23. As a result of this accident, THALIA sustaiñêd the plaintiff, AGATHOCLEOUS, following personal and permanent injuries: - Closed fracture dislocation of the right shoulder - Contusion of right lung Right Shoulder - Dr. Lazarev - 01/06/2018 Surgery Aleksey Pre-Operative Diagnosis: - Right shoulder proximal humerus closed fracture dislocation and mü displaced imally right coracoid fracture Post-Operative Diagnosis: - Right shoulder proximal humerus closed fracture dislocation and displaced minimally right coracoid fracture Operation: - Right shoulder proximal humerus open reduction and internal fixation of fracture dislocation, bone and biologic graft CT of Chest - 02/08/18 - Surgical repair of the right humerus and shoulder seen on limited basis. There is avulsion of the right coracoid. - 0.5 x 0.3 cm nodule in the superior segment of the right lower lobe the lung - 1.7 x 1.2 cm low-attenuation left adrenal nodule consistent with adenoma In order to negate needless duplication, the plaintiff incorporates by reference the physicians' hospital records and reports to be served in conjunction with the medical exchange rules insofar as the contents thereof are admissible in evidence at thetrialof this action, and to the extent itis consistent with the injuries alleged in theBill of Particulars. All of the foregoing injuries are with involvement of the surrounding muscles, bones, SACCD& FILLAS,LLP FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 ligaments, tendons, nerves, both venous and arterial, fascia and other soft parts in said regions, and with pain, deformity and disability. Said upon information and injuries, belief, are permanent and protracted in nature. 24. See response to §23, supra. 25. Plaintiff was confined to bed for three months. approximately (3) 26. Plaintiff was confined to bed since date of accident. 27. Plaintiff was confined to Lenox Hill located at I00 East 77 New Hospital, Street, York, NY 10075 for approximately one (1) day. 28. See Plaintiffs Response to Combined Demands. 29. Plaintiffis employed by "Sbk Associates, Inc", 3 E 63rd St # 1C, New York, NY 10065, as a florist.Plaintiff has been incapacitated from employment since the date of accident. 30. Plaintiff's date of birth is Plaintiffs current address is Flushing, New York 11368. Plaintiffs Social Security number is 31. Due to the accident, Plaintiff incurred the following Special Damages: - Workers' a. Physician services provided to Compensation insurance carrier; - Workers' b. Medical Supplies provided to Compensation insurance carrier; - Workers' c. Hospital expenses provided Compensation insurance carrier; - Workers' d. X-rays and diagnostic tests provided to Compensation insurance carrier; Nurses' - Workers' c. Services provided to Compensation insurancescarrier; - Workers' f. Loss of earnings provided by Compensation Board; g. Other: Other Medical Expenses - $50,0,00 imd ontinuing Dated: Astoria, NY June 8, 2018 By f:onino Saco, F q. SACCO & FILLAS, LLP ttorneys for Plai t f(s) halia Agatl creous 1-1 - c town Ave e Astoria, NY 11 102, (718) 746-3440 / Our File# 20173-18 SACCO& F1LIAS,LLP FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS 709721/2018 THALIA AGATHOCLEOUS Plaintiff(s), AFFIDAVIT OF MAIL -against- SERVICE 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, Defendant(s). STATE OF NEW YORK COUNTY OF QUEENS Regina M. Szmuc, being duly sworn, says: I am not a party to the action; I reside at Queens, New York and I am over 18 years of age. On 8 day of June, 2018, I served the within Verified Ilill of Particulars by a true thereof, enclosed in a post-paid wrapper, in an official depository under the depositing copy exclusive care and custody of the United States Postal Service within New York State,addressed to the following at the lastknown address set forth below: McMahon, Martine & Gallagher, LLP 55 Washington Street, 7th Floor Brooklyn, NY 11201 Regina M. Szmuc Swofdo before . , 8 day of June 201 NOTARY DBLIC Coun y Commission E .vptrea 04/07 /20 LLP SACCO&FILLAS, FILED: QUEENS COUNTY CLERK 03/19/2021 02:37 PM INDEX NO. 703721/2018 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 03/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 709721/2018 ___________________________________ ______ _______________________ THALIA AGATHOCLEOUS Plaintiff(s), -against- 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE, Defendant(s). _________________________________________________ VERIFIED BILL OF PARTICULARS Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted(to prac ice in th courts of New York State, certifies that, upon information and belief and readanable ,inquiry, the contentions contained in the annexed documents are not frivolous. Dated: Astoria, NY Signature: June 8, 2018 Tonin6 Sacco, Esq. SACCO & FILLAS, LLP Attorneys for Plaintiff(s) Thalia Agathocleous 31-19 Newtown Avenue Astoria, NY 11102 (718) 746-3440 Our File # 20173-18 SACCO& FluAS, LLP