Preview
FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK Index #: 703721/2018
COUNTY OF QUEENS
SUPPLEMENTAL
THALIA AGATHOCLEOUS VERIFIED BILL
OF PARTICULARS
Plaintiff(s),
-against-
795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE
Defendant(s).
Plaintiff Thalia Agathocleous, by her attorneys, Sacco & Fillas LLP, as and for her
Supplemental Verified Bill of Particulars, respectfully submits as follows:
1. As a result of the accident herein, plaintiff, Thalia Agathocleous, will claim the following
additional serious, severe and permanent personal injuries:
• Fracture of right posterior eighth rib;
• Blunted right costophrenic angle;
• Pleural fluid.
In order to negate needless duplication, the plaintiff incorporates by reference the hospital
physicians'
records and reports to be served in conjunction with the medical exchange rules insofar
as the conteñts thereof are admissible in evidence at the trial of this action, and to the extent itis
consistent with the injuries alleged in the Bill of Particulars.
All of the foregoing injuries are with involvement of the surro'mmns muscles, bones,
ligaments, tendons, nerves, both venous and arterial,fascia and other soft parts in said regions, and
with pain, deformity and disability. Said injuries, upon information and belief, are permanent and
protracted in nature.
2. Plaintiff will claim the following special damages:
SACCO& FILLAS,LL
FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021
a. Loss of Earñiñgs: Approximately $244,417.73
Plaintiff(s) reserves the right to amend and/or supplement this res se up to d including
the time of trial.
Dated: Astoria, New York
February 3, 2021
By: Toni o Sacco, Esq.
SACC & FILLAS, L
Atto eys for Plainti s)
31-1 Newtown enue
Sev nth Flo
Asto , ew York 11102
(718) 746-3440
Our File # 20173-18
TO:
McMahon, Martine & Gallagher, LLP
Attorney for Defendant(s)
795 FIFTH AVENUE CORPORATION
55 Washington Street, 7th Floor
Brooklyn, NY 11201
(212) 747-1230
SACCO& FILLAS,LL *
FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
INDEX NO.: 703721/2018
THALIA AGATHOCLEOUS
Plaintiff(s), ATTORNEY'S
VERIFICATION
-against-
795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE
Defendant(s).
Tonino Sacco, Esq., an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am of the firm of SACCO & FILLAS, LLP, the attorneys of record for the plaintiff.
I have read the foregoing Supplemental Bill of Particulars and know the contents thereof;
the same is true to my own knowledge except as to the matters therein stated to be alleged on
information and belief and that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because she is not in the County
of Queens, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all ers not sta ed upon affirmant's knowledge are
correspondence had with the said plaintiff, i a 10 contain in the said plaintiffs file, which is
in affirmant's possession, and other pe e data re ing ther 0.
Dated: Queens, New York
February 3, 2021
Ton o Sacco, Esq
SACCO&FILLAS, LL *
FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
INDEX NO.: 703721/2018
THALIA AGATHOCLEOUS
Plaintiff(s), AFFIDAVIT OF MAIL
SERVICE
-against-
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 3 day of February, 2021, I served the within P1nintifFs Supplemental Verified Bill of
Particulars by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official
depository under the exclusive care and custody of the United States Postal Service within New York
State, addressed to the following at the last known address set forth below:
McMahon, Martine & Gallagher, LLP
55 Washington Street, 7th Floor
Brooklyn, NY 11201
Regina M. Szmuc
Sworn to befor m
3 day of Febru 021
TONINO SACCO
Notary Public, State of New York
No.02SA4979498
Qualified in Queens
County
NOTARY PU IC mmission Expires April 01, 2023
FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
Index No.: 703721/2018
THALIA AGATHOCLEOUS
Plaintiff(s),
-against-
795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE
Defendant(s).
PLAINTIFF'S SUPPLEMENTAL VERIFIED BILL OF PARTICULARS
Pursuant to 22 NYCRR 130-1.1, the undersigned, an atto
New York State, certifies that, upon information and bel
contained in the annexed documents are not frivolous.
Dated: Queens, NY
February 3, 2021
Signa
By: T
SACCO 4 FILLA,
Attorneys for Plainti ff(s)
Thalia Agathocleous
31-19 Newtown Avenue
Seventh Floor
Astoria, New York 11102
(718) 746-3440
Our File 8 20173-18
SACCO5 FILLAS,LL
Preview
FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK Index #: 703721/2018 COUNTY OF QUEENS SUPPLEMENTAL THALIA AGATHOCLEOUS VERIFIED BILL OF PARTICULARS Plaintiff(s), -against- 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE Defendant(s). Plaintiff Thalia Agathocleous, by her attorneys, Sacco & Fillas LLP, as and for her Supplemental Verified Bill of Particulars, respectfully submits as follows: 1. As a result of the accident herein, plaintiff, Thalia Agathocleous, will claim the following additional serious, severe and permanent personal injuries: • Fracture of right posterior eighth rib; • Blunted right costophrenic angle; • Pleural fluid. In order to negate needless duplication, the plaintiff incorporates by reference the hospital physicians' records and reports to be served in conjunction with the medical exchange rules insofar as the conteñts thereof are admissible in evidence at the trial of this action, and to the extent itis consistent with the injuries alleged in the Bill of Particulars. All of the foregoing injuries are with involvement of the surro'mmns muscles, bones, ligaments, tendons, nerves, both venous and arterial,fascia and other soft parts in said regions, and with pain, deformity and disability. Said injuries, upon information and belief, are permanent and protracted in nature. 2. Plaintiff will claim the following special damages: SACCO& FILLAS,LL FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021 a. Loss of Earñiñgs: Approximately $244,417.73 Plaintiff(s) reserves the right to amend and/or supplement this res se up to d including the time of trial. Dated: Astoria, New York February 3, 2021 By: Toni o Sacco, Esq. SACC & FILLAS, L Atto eys for Plainti s) 31-1 Newtown enue Sev nth Flo Asto , ew York 11102 (718) 746-3440 Our File # 20173-18 TO: McMahon, Martine & Gallagher, LLP Attorney for Defendant(s) 795 FIFTH AVENUE CORPORATION 55 Washington Street, 7th Floor Brooklyn, NY 11201 (212) 747-1230 SACCO& FILLAS,LL * FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO.: 703721/2018 THALIA AGATHOCLEOUS Plaintiff(s), ATTORNEY'S VERIFICATION -against- 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE Defendant(s). Tonino Sacco, Esq., an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of SACCO & FILLAS, LLP, the attorneys of record for the plaintiff. I have read the foregoing Supplemental Bill of Particulars and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because she is not in the County of Queens, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all ers not sta ed upon affirmant's knowledge are correspondence had with the said plaintiff, i a 10 contain in the said plaintiffs file, which is in affirmant's possession, and other pe e data re ing ther 0. Dated: Queens, New York February 3, 2021 Ton o Sacco, Esq SACCO&FILLAS, LL * FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS INDEX NO.: 703721/2018 THALIA AGATHOCLEOUS Plaintiff(s), AFFIDAVIT OF MAIL SERVICE -against- 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 3 day of February, 2021, I served the within P1nintifFs Supplemental Verified Bill of Particulars by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to the following at the last known address set forth below: McMahon, Martine & Gallagher, LLP 55 Washington Street, 7th Floor Brooklyn, NY 11201 Regina M. Szmuc Sworn to befor m 3 day of Febru 021 TONINO SACCO Notary Public, State of New York No.02SA4979498 Qualified in Queens County NOTARY PU IC mmission Expires April 01, 2023 FILED: QUEENS COUNTY CLERK 05/13/2021 09:30 AM INDEX NO. 703721/2018 NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 05/13/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS Index No.: 703721/2018 THALIA AGATHOCLEOUS Plaintiff(s), -against- 795 FIFTH AVENUE CORPORATION d/b/a THE PIERRE Defendant(s). PLAINTIFF'S SUPPLEMENTAL VERIFIED BILL OF PARTICULARS Pursuant to 22 NYCRR 130-1.1, the undersigned, an atto New York State, certifies that, upon information and bel contained in the annexed documents are not frivolous. Dated: Queens, NY February 3, 2021 Signa By: T SACCO 4 FILLA, Attorneys for Plainti ff(s) Thalia Agathocleous 31-19 Newtown Avenue Seventh Floor Astoria, New York 11102 (718) 746-3440 Our File 8 20173-18 SACCO5 FILLAS,LL