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FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------------------ --- -------------------X
VONDA JOHNSON,
VERIFIED BILL OF
Plaintiff, PARTICULARS
-against- Index No.: 708453/2021
ESHWARDIAL SOOKNANAN and SHERRY NARAYAN,
Defendants.
----------------------------------------X
Plaintiff, by and through her attorneys, WINGATE, RUSSOTTI, SHAPIRO &
HALPERIN, LLP, as and for a Verified Bill of Particulars, pursuant to the demand of the
defendants ESHWARDIAL SOOKNANAN and SHERRY NARAYAN, allege, upon
information and belief, as follows:
1. The occurrence complained of herein, took place on January 31, 2021 during the
afternoon hours of that day.
2. The occurrence complained of herein, took place within the confines of the premises
226*
with an address commonly known and designated as 133-23 Street, Springfield Gardens, in
the County of Queens and State of New York.
3. Plaintiff objects to this demand as itis evidentiary in nature and an improper demand
for the Verified Bill of Particulars. Defendant can adduce a respuñse to this demand at Plaintiffs
deposition. Notwithstanding, Plaintiff was caused to trip, fall and be violently precipitated to the
ground as a result of a dangerous and defective conditions present on the aforesaid floor surface,
thereby sustaining serious and severe permanent injuries as hereinafter set forth due to the
negligence of the Defendants and without any negligence on the part of the Plaintiff.
4. Plaintiff herein do not admit to the necessity of proof of notice, either actual or
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constructive, in the establishment of a prima facie case herein, on the ground that the condition
herein complained of was one created and maintained by reason of the active misfeasance or
malfeasance on the part of the aforesaid Defendants. Should, however, notice be held to be a
prerequisite in the establishment of a prima facie case herein, Plaintiff will claim both actual and
constructive notice.
5. Plaintiff is unaware of to whom, by whom, when and where said actual notice was
given to the defendants, their agents, servants and/or employees, however, defeñdants, their agents,
servants and/or employees who had a duty of care knew or should have known the existence of the
dangerous condition and acted unreasonably in their failure to remedy the condition or otherwise
prevent the injury.
6. Subject to the reservation of aforesaid constructive notice is claimed in that the defect
on the premises was visible and apparent and existed for a sufficient length of time prior to the
accident to have enable the Defendants their agents, servants and/or employees to discover and
remedy the dangerous and defective condition on the premises.
7. Plaintiff objects to these discovery request as these requests seek legal reasoning and
theories of plaintiff s contentions. Plaintiff is not required to prepare the defendant's case. While it
is proper to discover a plaintiffs legal contentions, the legal reasoning or theories behind the
contentions are not discoverable and is beyond the scope of CPLR §3043. Notwithsteading the said
objections, itis Plaintiffs contention that the above -mentioned occurrence and the results thereof
were caused by the negligence, carelessness, and recklessness of the defendant, itsservants, agents,
employees and/or liceñsees in the ownership, operation, management, maintenance and control the
flooring at the premises to become and remain for a period of time after notice, either actual or
constructive, of a raised, uneven, irregular, unleveled, dangerous and/or hazardous condition; in
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causing, in allowing the walking path to remain uneven, broken mis-level resulting in a tripping
hazard for patrons thereat; in allowing and permitting a trap to exist at said location; in failing to
provide Plaintiff with safe passage on the walking path; in that the Defendants caused the Plaintiff
to be injured; in that the conditions complained of herein were ripe for trip and fall occurrence when
the walking conditions are contrary to the Plaintiffs expectation; in that the defective condition
departed from safe practice by failing to provide a walking surface which was safe and reasonable
for occupants of the premises to anticipate; in failing to exercise due care; in improperly installing,
constructing and/or repairing the floor surface at the above location and causing the walking path
to become of poorer quality; in causing the holed, uneven, irregular, unleveled condition to occur
over time; in failing to maintain the aforesaid floor surface in a reasonably safe and proper
condition; in causing, allowing and permitting an obstruction to plaintiff s safe passage at said
location; in causing, allowing and permitting the existence of a condition which constituted a trap,
nuisance, menace and danger to lawful patrons; in failing to have taken necessary steps and
measures to have prevented the above mentioned location from being used while in said dangerous
condition; in failing to have taken necessary steps and measures to have prevented the above
mentioned location from being used while in said dangerous condition existed; in failing to give
plaintiff adequate and timely signal, notice or warning of said condition; in negligently, carelessly,
and recklessly causing and permitting the above said floor surface to be and remain in said condition
for an unreasonable length of time, resulting in a hazard to the plaintiff and others; in failing to take
suitable and proper precautions for the safety of persons on and using said premises; in performing
work, labor and services in a negligent manner; in failing to conduct regular inspections of the
premises; in failing to take prompt and swift action to remedy the broken, cracked, depressed,
defective, uneven, irregular, unleveled, holed dangerous and/or hazardous floor surface to reduce
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the risk of injuries to the Plaintiff; in failing to exercise due and required care, caution and/or
forbearance in the ownership, operation, management, maintenance or control of the said walking
path so as to have avoided the subject incident; in failing to barricade, close off, delineate,
demarcate, rope off and/or section off the area; in failing to hire and provide competent, capable,
trained and experienced persons to repair the floor surface; in failing to take suitable and proper
precautions for the safety of persons on the said premises; in failing to repair the floor surface and
in being negligent, reckless and careless in permitting and/or allowing, after notice, the existence
of a dangerous and hazardous condition at the above location.
Plaintiff reserves the right to add, supplement and/or amend this paragraph at a time prior
to the trial of this action.
8. A party is not required to detail in a Bill of Particulars the statutes upon which itrelies.
Since the Court is required to take judicial notice of the law of the State of New York without
evidence to establish it,a party need not particularize the provisions of such law. Souveran Fabrics
Corp., v. Virginia Fibre Corp., 32 A.D.2d 753. This is without prejudice to the Court's taking
judicial notice at the time of trial and instructing the jury accordingly to owner's responsibilities to
maintain their structure in accordance with New York City's Building Maintenance Code §27-127
and §27-128 which provides that, "The owner shall be responsible at all times for the safe
facilities."
maintenance of the building and its Additionally, plaintiff will claim that the defendants,
their agents, servants and/or employees violated their non-delegable duty to maintain the premises
in a reasonably safe condition along with those rules, regulations, statutes and/or ordinances in
which the Court will take judicial notice at the time of the trialof this action.
9. Defendant's request for social security number constitutes an improper demand and the
release of confidential personal information in accordance with 22 NYCRR 202.5[e]is prohibited.
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10. Date of Birth: Request for Plaintiffs date of birth is improper in accordance with
Uniform Civil Rules for the Supreme Court and the County Court Section 202.5[e].
Notwithstanding, Plaintiffs year of birth is 1968.
Place of birth: Plaintiff objects to this demand for place of birth as it ispatently
irrelevant to the subject matter herein, furthermore the defendants have failed to satisfy their
initial and necessary burden to demonstrate why the demanded information is necessary to the
defense of this action. Vodoff v. Mehmood, 92 A.D.3d 773.
11-12. At the time of the occurrence, Plaintiff resided and continues to reside 133-23
226"2
Street, Springfield Gardens, New York 11413.
13. As a direct and proximate result of the accident the plaintiff, sustained the
following serious and pennanent injuries:
Left Foot:
• Open wound on the dorsal medial foot;
• Superficial abrasions on the medial malleolus and distal to the medial malleolus;
•
Erythema;
• Extensive soft tissue swelling;
• Gas formation the left food the medial
surrounding along aspect;
• Infected ulcer
• Gangrene of toe of left foot;
1" non-
Pracedure: Necessity to undergo amputation ray leftwith incision and dranage of all
viable soft issues and bone of left foot on February 9, 2021;
Praccdure: Necessity to undergo leftfoot incision and drainage with excision of necrotic bone
on February 17, 2021.
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All of the above mentioned injuries and their natural sequelae, are claimed to be
permanent, except those of a temporary or superficial nature. Further, all of the aforementioned
injuries, manifestations and disabilities are associated with further soft tissue injury and
traumatic arthritis to the areas traumatically affected including injury, tearing, derangement and
damage to the associated muscle groups, ligaments, tendons, blood vessels, blood supply, nerves
and nerve tissue, soft tissue, with resultant pain, deformity and disability, stiffness, tenderness,
weakness and restriction and limitation of motion and pain on motion; allinjuries were caused,
aggravated, exacerbated and/or precipitated by the accident; possibility of future surgical repair
to those parts of the body claimed to have been injured in this accident; and possible loss of use
of above mentioned parts, atrophy, anxiety and mental anguish, all of which substantially
prevents this Plaintiff from enjoying the normal fruits of activities [social, educational and
economical] and Plaintiff s enjoyment of life has been permanently impaired, inrpeded and/or
destroyed. Plaintiff reserves his right to add, supplement and/or ameñd this response at a time
prior to the trialof this action.
14. All of the injuries referenced above are permanent and lasting in their nature and
character, with permanent effects of pain, loss of motion, disability, atrophy, anxiety and mental
anguish.
15. To be subsequently provided, if applicable.
16. It isimpossible to state with reasonable certainty the exact amount of time
plaintiff, was confined to bed alone, except to state by reason of the subject occurrence and the
serious injuries sustained therein, Plaintiff has been intermittently confined to bed at various
periods of time since the accident relative to the afore-mentioned disability caused by the subject
accident. Further information will be provided at Plaintiff s deposition.
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17. By reason of the subject occurrence and the serious injuries sustained therein, the
Plaintiff remains significantly partially disabled with intermittent home confinement to date
relative to the afore-mentioned disability caused by the subject accident.
18. By reason of the subject occurrence and the serious injuries sustained therein, the
Plaintiff was confined to Queens Hospital from February 9, 2021 through March 1, 2021.
19. Plaintiff objects to this discovery request as being improper for a bill of particulars
and unduly burdensome. The purpose of a Bill of Particulars is to amplify the pleadings; a Bill
of Particulars is not a discovery device. See Hanlon v. Geary, 19 Misc.2d 827, 190 N.Y.S.2d 20
(1959); Sager v. Rochester General Hospital, 170 A.D.2d 949; 566 N.Y.S.2d 122 (4th Dep't).
The medical and bills records made available to the defendants in plaintiff s response to
discovery demands, fully and completely fulfillplaintiff s obligation to supply this type of
discovery to the defendants.
20-21. To be subsequently provided.
23. By reason of the subject occurrence and the serious injuries sustained herein, the
Plaintiff has been significantly partially disabled and remaiñs incapacitated from employment to
date relative to the afore-mentioned disability caused by the subject accident.
24. Inapplicable.
25. Plaintiff claims lost wages based on his weekly wage and on an incapacity work as
well as other fringe benefits to which he was entitled. In addition, plaintiff claim future lost
wages in an amount to be provided in the course of discovery and/or subject to expert disclosure
and based upon his average weekly earnings, fringe benefits, and escalations to which plaintiff
would otherwise have been entitled but for the subject accident.
26. Plaintiff was not a stude_t at time of the subject occurrence and does not assert any
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claim of incapacitation from academic studies.
27. Plaintiff objects to this demand as palpably improper for a demand for bill of
particulars, inasmuch as it isin the form and nature of an interrogatory, seeks evidentiary
information and/or documents. Harris v. Ariel Transportation Corp., 37 A.D.3d 308 [1st Dept.
2007]; Mendelson v. Szczupak, 199 A.D.2d 479 (2d Dept. 1993). Over and without waiving
objections, as a result of the injuries suffered and sustened, plaintiff has incurred special
damages to date and continuing as follows:
Physicians'
a. services: in an amount estimated to exceed $70,000.00;
b. Medical expenses: included in "a";
c. Nurses: included in "d";
"a"
d. Hospital expenses: included in
e. Other expenses: Plaintiff is unable to accurately compute all the total amount of
damages at this time but will be supplied within a reasonable time when the amounts are
ascertained. Such amounts will be limited to un-reimbursed expenses and/or to those expenses
for which a lien exists in favor of a third-party collateral source. Furthermore, Plaintiff reserves
the right to claim future medical care and the costs associated with such medical care.
28. To be subsequently provided.
29. Inapplicable.
30-31. Objection. While itis proper to discover a plaintiffs legal contentions, the legal
reasoñing or theories behind the contentions, this demand calls for a response that is evidentiary
in nature as well as subject to further discovery.
32. Plaintiff objects to this demand as this demand is in violation of the scope of
CPLR §3043. Notwithstanding, no amount is specified in Plaintiff's complaint.
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33-35. To be subsequently provided.
36. Plaintiff objects to this demand as this demand seeks information which is available
to and/or under the purview of the Defendants and would be subject to disclose of same during
discovery proceedings in this action.
PLEASE TAKE NOTICE, that plaintiff expressly reserves the right to supplement
and/or amend these responses at any time prior to trial.
Dated: New York, New York
September 14, 2021
Yours, etc.,
Luigi Iz , Es .
WINGATE, RUSSOTTI,
SHAPIRO & HALPERIN, LLP
Attorneys for Plaintiff
420 Lexington Avenue, Suite 2750
New York, NY 10170
(212) 986-7353
TO: Steven M. Christman, Esq.
MARSHALL DENNEHEY
WARNER COLEMAN & GOGGIN
Attorneys for Defendants:
ESHWARDIAL SOOKNANAN
and SHERRY NARAYAN
Wall Street Plaza
Street- 21't
88 Pine Floor
New York, New York 10005
Telephone: (212) 376-6400
File No.: 40103.00165
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VERIFICATION BY ATTORNEY
Luigi Izzo, an attorney duly admitted to practice before the Courts in the State of New York,
hereby affirms, under the penalties of perjury, as follows:
1. That depoñêñt is the attorney for the plaintiff in the action within; that deponent
has read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof; that the
same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon
information and belief, and as to those matters deponent believes itto be true.
2. The reason that this verification is not made by plaintiff and is made by deponent is that
plaintiff does not reside in the county where the attorneys for the plaintiff have their office.
3. Deponent further says that the source of deponent's information and the grounds of
deponent's belief as to all matters not stated upon deponent's knowledge are from investigations made
on behalf of said plaintiff.
Luigi Izzo sq.
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AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
Ss.
COUNTY OF NEW YORK )
Gina Bonilla, being duly sworn, deposes and says:
Deponent is not a party to this action, is over 18 years of age and resides within the State of New
York.
On Wednesday, September 14, 2021, deponent served the within VERIFIED BILL OF
PARTICULARS upon:
Steven M. Christman, Esq.
Marshall Dennehey Warner Coleman & Goggin
Attorney For: ESHWARDIAL SOOKNANAN
Wall Street Plaza
88 Pine Street-21st F1
NY, NY 10005
Phone: (212) 376-6400
at the address designated by said attorneys for that purpose by depositing a true copy of same, enclosed in
a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the
United States Postal Service within the State of New York..
Sworn to before me on
September 14, 2021
Ñotary Public
NOEMI CEDENO
CE 58 4
Qualifiedin New York
Commission Expires County
May 21, 20
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Index No. 708453/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
VONDA JOHNSON
Plaintiff(s),
- against -
ESHWARDIAL SOOKNANAN and SHERRY NARAYAN,
Defendant(s).
VERIFIED BILL OF PARTICULARS
WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP
Attorneys for Plaintiff(s)
420 Lexington Avenue
Suite 2750
New York, New York 10170
(212) 986-7353
Facsimile (212) 953-4308
TO: Steven M. Christman, Esq.
Marshall Dennehey Warner Coleman & Goggin
Attorney For: ESHWARDIAL SOOKNANAN
Wall Street Plaza
88 Pine Street-21st F1
NY, NY 10005
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Preview
FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------------------ --- -------------------X VONDA JOHNSON, VERIFIED BILL OF Plaintiff, PARTICULARS -against- Index No.: 708453/2021 ESHWARDIAL SOOKNANAN and SHERRY NARAYAN, Defendants. ----------------------------------------X Plaintiff, by and through her attorneys, WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP, as and for a Verified Bill of Particulars, pursuant to the demand of the defendants ESHWARDIAL SOOKNANAN and SHERRY NARAYAN, allege, upon information and belief, as follows: 1. The occurrence complained of herein, took place on January 31, 2021 during the afternoon hours of that day. 2. The occurrence complained of herein, took place within the confines of the premises 226* with an address commonly known and designated as 133-23 Street, Springfield Gardens, in the County of Queens and State of New York. 3. Plaintiff objects to this demand as itis evidentiary in nature and an improper demand for the Verified Bill of Particulars. Defendant can adduce a respuñse to this demand at Plaintiffs deposition. Notwithstanding, Plaintiff was caused to trip, fall and be violently precipitated to the ground as a result of a dangerous and defective conditions present on the aforesaid floor surface, thereby sustaining serious and severe permanent injuries as hereinafter set forth due to the negligence of the Defendants and without any negligence on the part of the Plaintiff. 4. Plaintiff herein do not admit to the necessity of proof of notice, either actual or 1 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 constructive, in the establishment of a prima facie case herein, on the ground that the condition herein complained of was one created and maintained by reason of the active misfeasance or malfeasance on the part of the aforesaid Defendants. Should, however, notice be held to be a prerequisite in the establishment of a prima facie case herein, Plaintiff will claim both actual and constructive notice. 5. Plaintiff is unaware of to whom, by whom, when and where said actual notice was given to the defendants, their agents, servants and/or employees, however, defeñdants, their agents, servants and/or employees who had a duty of care knew or should have known the existence of the dangerous condition and acted unreasonably in their failure to remedy the condition or otherwise prevent the injury. 6. Subject to the reservation of aforesaid constructive notice is claimed in that the defect on the premises was visible and apparent and existed for a sufficient length of time prior to the accident to have enable the Defendants their agents, servants and/or employees to discover and remedy the dangerous and defective condition on the premises. 7. Plaintiff objects to these discovery request as these requests seek legal reasoning and theories of plaintiff s contentions. Plaintiff is not required to prepare the defendant's case. While it is proper to discover a plaintiffs legal contentions, the legal reasoning or theories behind the contentions are not discoverable and is beyond the scope of CPLR §3043. Notwithsteading the said objections, itis Plaintiffs contention that the above -mentioned occurrence and the results thereof were caused by the negligence, carelessness, and recklessness of the defendant, itsservants, agents, employees and/or liceñsees in the ownership, operation, management, maintenance and control the flooring at the premises to become and remain for a period of time after notice, either actual or constructive, of a raised, uneven, irregular, unleveled, dangerous and/or hazardous condition; in 2 2 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 causing, in allowing the walking path to remain uneven, broken mis-level resulting in a tripping hazard for patrons thereat; in allowing and permitting a trap to exist at said location; in failing to provide Plaintiff with safe passage on the walking path; in that the Defendants caused the Plaintiff to be injured; in that the conditions complained of herein were ripe for trip and fall occurrence when the walking conditions are contrary to the Plaintiffs expectation; in that the defective condition departed from safe practice by failing to provide a walking surface which was safe and reasonable for occupants of the premises to anticipate; in failing to exercise due care; in improperly installing, constructing and/or repairing the floor surface at the above location and causing the walking path to become of poorer quality; in causing the holed, uneven, irregular, unleveled condition to occur over time; in failing to maintain the aforesaid floor surface in a reasonably safe and proper condition; in causing, allowing and permitting an obstruction to plaintiff s safe passage at said location; in causing, allowing and permitting the existence of a condition which constituted a trap, nuisance, menace and danger to lawful patrons; in failing to have taken necessary steps and measures to have prevented the above mentioned location from being used while in said dangerous condition; in failing to have taken necessary steps and measures to have prevented the above mentioned location from being used while in said dangerous condition existed; in failing to give plaintiff adequate and timely signal, notice or warning of said condition; in negligently, carelessly, and recklessly causing and permitting the above said floor surface to be and remain in said condition for an unreasonable length of time, resulting in a hazard to the plaintiff and others; in failing to take suitable and proper precautions for the safety of persons on and using said premises; in performing work, labor and services in a negligent manner; in failing to conduct regular inspections of the premises; in failing to take prompt and swift action to remedy the broken, cracked, depressed, defective, uneven, irregular, unleveled, holed dangerous and/or hazardous floor surface to reduce 3 3 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 the risk of injuries to the Plaintiff; in failing to exercise due and required care, caution and/or forbearance in the ownership, operation, management, maintenance or control of the said walking path so as to have avoided the subject incident; in failing to barricade, close off, delineate, demarcate, rope off and/or section off the area; in failing to hire and provide competent, capable, trained and experienced persons to repair the floor surface; in failing to take suitable and proper precautions for the safety of persons on the said premises; in failing to repair the floor surface and in being negligent, reckless and careless in permitting and/or allowing, after notice, the existence of a dangerous and hazardous condition at the above location. Plaintiff reserves the right to add, supplement and/or amend this paragraph at a time prior to the trial of this action. 8. A party is not required to detail in a Bill of Particulars the statutes upon which itrelies. Since the Court is required to take judicial notice of the law of the State of New York without evidence to establish it,a party need not particularize the provisions of such law. Souveran Fabrics Corp., v. Virginia Fibre Corp., 32 A.D.2d 753. This is without prejudice to the Court's taking judicial notice at the time of trial and instructing the jury accordingly to owner's responsibilities to maintain their structure in accordance with New York City's Building Maintenance Code §27-127 and §27-128 which provides that, "The owner shall be responsible at all times for the safe facilities." maintenance of the building and its Additionally, plaintiff will claim that the defendants, their agents, servants and/or employees violated their non-delegable duty to maintain the premises in a reasonably safe condition along with those rules, regulations, statutes and/or ordinances in which the Court will take judicial notice at the time of the trialof this action. 9. Defendant's request for social security number constitutes an improper demand and the release of confidential personal information in accordance with 22 NYCRR 202.5[e]is prohibited. 4 4 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 10. Date of Birth: Request for Plaintiffs date of birth is improper in accordance with Uniform Civil Rules for the Supreme Court and the County Court Section 202.5[e]. Notwithstanding, Plaintiffs year of birth is 1968. Place of birth: Plaintiff objects to this demand for place of birth as it ispatently irrelevant to the subject matter herein, furthermore the defendants have failed to satisfy their initial and necessary burden to demonstrate why the demanded information is necessary to the defense of this action. Vodoff v. Mehmood, 92 A.D.3d 773. 11-12. At the time of the occurrence, Plaintiff resided and continues to reside 133-23 226"2 Street, Springfield Gardens, New York 11413. 13. As a direct and proximate result of the accident the plaintiff, sustained the following serious and pennanent injuries: Left Foot: • Open wound on the dorsal medial foot; • Superficial abrasions on the medial malleolus and distal to the medial malleolus; • Erythema; • Extensive soft tissue swelling; • Gas formation the left food the medial surrounding along aspect; • Infected ulcer • Gangrene of toe of left foot; 1" non- Pracedure: Necessity to undergo amputation ray leftwith incision and dranage of all viable soft issues and bone of left foot on February 9, 2021; Praccdure: Necessity to undergo leftfoot incision and drainage with excision of necrotic bone on February 17, 2021. 5 5 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 All of the above mentioned injuries and their natural sequelae, are claimed to be permanent, except those of a temporary or superficial nature. Further, all of the aforementioned injuries, manifestations and disabilities are associated with further soft tissue injury and traumatic arthritis to the areas traumatically affected including injury, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, blood vessels, blood supply, nerves and nerve tissue, soft tissue, with resultant pain, deformity and disability, stiffness, tenderness, weakness and restriction and limitation of motion and pain on motion; allinjuries were caused, aggravated, exacerbated and/or precipitated by the accident; possibility of future surgical repair to those parts of the body claimed to have been injured in this accident; and possible loss of use of above mentioned parts, atrophy, anxiety and mental anguish, all of which substantially prevents this Plaintiff from enjoying the normal fruits of activities [social, educational and economical] and Plaintiff s enjoyment of life has been permanently impaired, inrpeded and/or destroyed. Plaintiff reserves his right to add, supplement and/or ameñd this response at a time prior to the trialof this action. 14. All of the injuries referenced above are permanent and lasting in their nature and character, with permanent effects of pain, loss of motion, disability, atrophy, anxiety and mental anguish. 15. To be subsequently provided, if applicable. 16. It isimpossible to state with reasonable certainty the exact amount of time plaintiff, was confined to bed alone, except to state by reason of the subject occurrence and the serious injuries sustained therein, Plaintiff has been intermittently confined to bed at various periods of time since the accident relative to the afore-mentioned disability caused by the subject accident. Further information will be provided at Plaintiff s deposition. 6 6 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 17. By reason of the subject occurrence and the serious injuries sustained therein, the Plaintiff remains significantly partially disabled with intermittent home confinement to date relative to the afore-mentioned disability caused by the subject accident. 18. By reason of the subject occurrence and the serious injuries sustained therein, the Plaintiff was confined to Queens Hospital from February 9, 2021 through March 1, 2021. 19. Plaintiff objects to this discovery request as being improper for a bill of particulars and unduly burdensome. The purpose of a Bill of Particulars is to amplify the pleadings; a Bill of Particulars is not a discovery device. See Hanlon v. Geary, 19 Misc.2d 827, 190 N.Y.S.2d 20 (1959); Sager v. Rochester General Hospital, 170 A.D.2d 949; 566 N.Y.S.2d 122 (4th Dep't). The medical and bills records made available to the defendants in plaintiff s response to discovery demands, fully and completely fulfillplaintiff s obligation to supply this type of discovery to the defendants. 20-21. To be subsequently provided. 23. By reason of the subject occurrence and the serious injuries sustained herein, the Plaintiff has been significantly partially disabled and remaiñs incapacitated from employment to date relative to the afore-mentioned disability caused by the subject accident. 24. Inapplicable. 25. Plaintiff claims lost wages based on his weekly wage and on an incapacity work as well as other fringe benefits to which he was entitled. In addition, plaintiff claim future lost wages in an amount to be provided in the course of discovery and/or subject to expert disclosure and based upon his average weekly earnings, fringe benefits, and escalations to which plaintiff would otherwise have been entitled but for the subject accident. 26. Plaintiff was not a stude_t at time of the subject occurrence and does not assert any 7 7 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 claim of incapacitation from academic studies. 27. Plaintiff objects to this demand as palpably improper for a demand for bill of particulars, inasmuch as it isin the form and nature of an interrogatory, seeks evidentiary information and/or documents. Harris v. Ariel Transportation Corp., 37 A.D.3d 308 [1st Dept. 2007]; Mendelson v. Szczupak, 199 A.D.2d 479 (2d Dept. 1993). Over and without waiving objections, as a result of the injuries suffered and sustened, plaintiff has incurred special damages to date and continuing as follows: Physicians' a. services: in an amount estimated to exceed $70,000.00; b. Medical expenses: included in "a"; c. Nurses: included in "d"; "a" d. Hospital expenses: included in e. Other expenses: Plaintiff is unable to accurately compute all the total amount of damages at this time but will be supplied within a reasonable time when the amounts are ascertained. Such amounts will be limited to un-reimbursed expenses and/or to those expenses for which a lien exists in favor of a third-party collateral source. Furthermore, Plaintiff reserves the right to claim future medical care and the costs associated with such medical care. 28. To be subsequently provided. 29. Inapplicable. 30-31. Objection. While itis proper to discover a plaintiffs legal contentions, the legal reasoñing or theories behind the contentions, this demand calls for a response that is evidentiary in nature as well as subject to further discovery. 32. Plaintiff objects to this demand as this demand is in violation of the scope of CPLR §3043. Notwithstanding, no amount is specified in Plaintiff's complaint. 8 8 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 33-35. To be subsequently provided. 36. Plaintiff objects to this demand as this demand seeks information which is available to and/or under the purview of the Defendants and would be subject to disclose of same during discovery proceedings in this action. PLEASE TAKE NOTICE, that plaintiff expressly reserves the right to supplement and/or amend these responses at any time prior to trial. Dated: New York, New York September 14, 2021 Yours, etc., Luigi Iz , Es . WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP Attorneys for Plaintiff 420 Lexington Avenue, Suite 2750 New York, NY 10170 (212) 986-7353 TO: Steven M. Christman, Esq. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Attorneys for Defendants: ESHWARDIAL SOOKNANAN and SHERRY NARAYAN Wall Street Plaza Street- 21't 88 Pine Floor New York, New York 10005 Telephone: (212) 376-6400 File No.: 40103.00165 9 9 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 VERIFICATION BY ATTORNEY Luigi Izzo, an attorney duly admitted to practice before the Courts in the State of New York, hereby affirms, under the penalties of perjury, as follows: 1. That depoñêñt is the attorney for the plaintiff in the action within; that deponent has read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof; that the same is true to deponent's own knowledge except as to the matters therein stated to be alleged upon information and belief, and as to those matters deponent believes itto be true. 2. The reason that this verification is not made by plaintiff and is made by deponent is that plaintiff does not reside in the county where the attorneys for the plaintiff have their office. 3. Deponent further says that the source of deponent's information and the grounds of deponent's belief as to all matters not stated upon deponent's knowledge are from investigations made on behalf of said plaintiff. Luigi Izzo sq. 10 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) Ss. COUNTY OF NEW YORK ) Gina Bonilla, being duly sworn, deposes and says: Deponent is not a party to this action, is over 18 years of age and resides within the State of New York. On Wednesday, September 14, 2021, deponent served the within VERIFIED BILL OF PARTICULARS upon: Steven M. Christman, Esq. Marshall Dennehey Warner Coleman & Goggin Attorney For: ESHWARDIAL SOOKNANAN Wall Street Plaza 88 Pine Street-21st F1 NY, NY 10005 Phone: (212) 376-6400 at the address designated by said attorneys for that purpose by depositing a true copy of same, enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York.. Sworn to before me on September 14, 2021 Ñotary Public NOEMI CEDENO CE 58 4 Qualifiedin New York Commission Expires County May 21, 20 11 of 12 FILED: QUEENS COUNTY CLERK 09/14/2021 04:50 PM INDEX NO. 708453/2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/14/2021 Index No. 708453/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS VONDA JOHNSON Plaintiff(s), - against - ESHWARDIAL SOOKNANAN and SHERRY NARAYAN, Defendant(s). VERIFIED BILL OF PARTICULARS WINGATE, RUSSOTTI, SHAPIRO & HALPERIN, LLP Attorneys for Plaintiff(s) 420 Lexington Avenue Suite 2750 New York, New York 10170 (212) 986-7353 Facsimile (212) 953-4308 TO: Steven M. Christman, Esq. Marshall Dennehey Warner Coleman & Goggin Attorney For: ESHWARDIAL SOOKNANAN Wall Street Plaza 88 Pine Street-21st F1 NY, NY 10005 12 of 12