Preview
FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021
CI2021-02989 Index # : EF2021-0016
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
__________________________________________
CATHERINE STRAMBA, DEMAND FOR A BILL OF
PARTICULARS
Plaintiff,
vs. Index No.: EF2021-0016
MICHAEL AYERS,
Defendant.
___________________________________________
PLEASE TAKE NOTICE, that the Defendant, MICHAEL AYERS, by his attorneys,
the Law Office of J. William Savage, hereby demand that the Plaintiff serve upon the
undersigned attorney within twenty (20) days after date of service hereof, a verified Bill of
Particulars of the claim of the Plaintiff, specifying and stating the following:
1. The date, approximate time and location of the occurrence with reference to a
fixed object or landmark.
2. A statement of each and every statute and ordinance claimed to have been
violated by the Defendant.
3. A statement of every act or omission of the Defendant claimed by the Plaintiff to
have been careless, reckless, or negligent.
4. A statement of the injuries alleged to have been sustained by the Plaintiff and as
to each, the location, extent, duration and permanency.
5. The length of time the Plaintiff was confined to a) the hospital, if at all, dates of
confinement, name and address of hospital; b) to bed; and c) to home.
Sensitivity: Confidential
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FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021
CI2021-02989 Index #: EF2021-0016
6. Statements showing: a) the number of times Plaintiff was treated at the office of
her physicians and dates thereof; b) the number of times physicians treated Plaintiff at her home,
or any other location and the dates thereof.
7. A statement of the amounts of money which the Plaintiff has been compelled to
expend for: a) physicians; b) medicines; c) medical attendance; d) hospital; e) nursing; f) x-rays;
and g) others. Specify the name of each doctor treating or attending Plaintiff and further state the
number of treatments or visits at hospital, home, or office for each and the charge for each
individual treatment or visit.
8. Set forth a statement of the injuries and description of those claimed to be
permanent and also set forth in what respect Plaintiff has sustained Serious Injuries as defined in
Section 5102 (d) of the Insurance Law, or describe how the economic loss is greater than the
basic economic loss as described in Section 5102 (a) (1) of the Insurance Law.
9. The usual occupation of the Plaintiff at the time of the accident, the amount of
time lost therefrom by date, salary at the time of the accident, and actual loss of earnings
therefrom, if any, and the names and addresses of his/her/their employers or source of said
income.
10. State the date and place of birth of the Plaintiff.
11. State any other item of loss or damage claimed by the Plaintiff.
12. Where notice of a condition is a prerequisite to Defendant’s liability, state
whether actual or constructive notice is claimed, and if actual notice is claimed, state when and
to whom such notice was given. If constructive notice is claimed, state the length of time the
condition is alleged to have existed.
Sensitivity: Confidential
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FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021
CI2021-02989 Index #: EF2021-0016
13. A statement showing specifically the value of the Plaintiff’s vehicle immediately
before and immediately after said accident.
14. A statement of each and every item of labor and material necessary to repair the
Plaintiff’s vehicle and the itemized cost thereof.
15. The number of days the Plaintiff was deprived of the use of her vehicle and the
financial loss claimed.
16. A statement showing specifically a description of said vehicle, including name
and manufacturer, model, VIN number, type, and mileage at time of accident.
17. A statement of the criminal convictions of the Plaintiff, if any, including the
offense convicted of, the date of the conviction, jurisdiction and venue of conviction, and the
name of the Court where the conviction was entered.
18. A statement identifying the Plaintiff by Social Security Number, and by any and
all names used by the Plaintiff (including aliases, nicknames and maiden names).
19. Identify each and every claim, action and/or lawsuit the Plaintiff has/have brought
for personal injuries; naming the jurisdiction of the claim/action, the date of the occurrence, the
injuries sustained, and the parties involved.
DATED: East Syracuse, New York
February 22, 2021
Yours, etc.,
________________________________
BY: J. William Savage, Esq.
Law Office of J. William Savage
Attorneys for Defendant
MICHAEL AYERS
6320 Fly Road, Suite 107
East Syracuse, NY 13057
315-446-4705
Sensitivity: Confidential
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FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021
CI2021-02989 Index #: EF2021-0016
TO: Luciano L. Lama, Esq.
The Lama Law Firm, LLP
Attorneys for Plaintiff
CATHERINE STRAMBA
2343 North Triphammer Road
Ithaca, New York 14850
607-275-3425
Sensitivity: Confidential
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Preview
FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021 CI2021-02989 Index # : EF2021-0016 STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS __________________________________________ CATHERINE STRAMBA, DEMAND FOR A BILL OF PARTICULARS Plaintiff, vs. Index No.: EF2021-0016 MICHAEL AYERS, Defendant. ___________________________________________ PLEASE TAKE NOTICE, that the Defendant, MICHAEL AYERS, by his attorneys, the Law Office of J. William Savage, hereby demand that the Plaintiff serve upon the undersigned attorney within twenty (20) days after date of service hereof, a verified Bill of Particulars of the claim of the Plaintiff, specifying and stating the following: 1. The date, approximate time and location of the occurrence with reference to a fixed object or landmark. 2. A statement of each and every statute and ordinance claimed to have been violated by the Defendant. 3. A statement of every act or omission of the Defendant claimed by the Plaintiff to have been careless, reckless, or negligent. 4. A statement of the injuries alleged to have been sustained by the Plaintiff and as to each, the location, extent, duration and permanency. 5. The length of time the Plaintiff was confined to a) the hospital, if at all, dates of confinement, name and address of hospital; b) to bed; and c) to home. Sensitivity: Confidential 1 of 4 FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021 CI2021-02989 Index #: EF2021-0016 6. Statements showing: a) the number of times Plaintiff was treated at the office of her physicians and dates thereof; b) the number of times physicians treated Plaintiff at her home, or any other location and the dates thereof. 7. A statement of the amounts of money which the Plaintiff has been compelled to expend for: a) physicians; b) medicines; c) medical attendance; d) hospital; e) nursing; f) x-rays; and g) others. Specify the name of each doctor treating or attending Plaintiff and further state the number of treatments or visits at hospital, home, or office for each and the charge for each individual treatment or visit. 8. Set forth a statement of the injuries and description of those claimed to be permanent and also set forth in what respect Plaintiff has sustained Serious Injuries as defined in Section 5102 (d) of the Insurance Law, or describe how the economic loss is greater than the basic economic loss as described in Section 5102 (a) (1) of the Insurance Law. 9. The usual occupation of the Plaintiff at the time of the accident, the amount of time lost therefrom by date, salary at the time of the accident, and actual loss of earnings therefrom, if any, and the names and addresses of his/her/their employers or source of said income. 10. State the date and place of birth of the Plaintiff. 11. State any other item of loss or damage claimed by the Plaintiff. 12. Where notice of a condition is a prerequisite to Defendant’s liability, state whether actual or constructive notice is claimed, and if actual notice is claimed, state when and to whom such notice was given. If constructive notice is claimed, state the length of time the condition is alleged to have existed. Sensitivity: Confidential 2 of 4 FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021 CI2021-02989 Index #: EF2021-0016 13. A statement showing specifically the value of the Plaintiff’s vehicle immediately before and immediately after said accident. 14. A statement of each and every item of labor and material necessary to repair the Plaintiff’s vehicle and the itemized cost thereof. 15. The number of days the Plaintiff was deprived of the use of her vehicle and the financial loss claimed. 16. A statement showing specifically a description of said vehicle, including name and manufacturer, model, VIN number, type, and mileage at time of accident. 17. A statement of the criminal convictions of the Plaintiff, if any, including the offense convicted of, the date of the conviction, jurisdiction and venue of conviction, and the name of the Court where the conviction was entered. 18. A statement identifying the Plaintiff by Social Security Number, and by any and all names used by the Plaintiff (including aliases, nicknames and maiden names). 19. Identify each and every claim, action and/or lawsuit the Plaintiff has/have brought for personal injuries; naming the jurisdiction of the claim/action, the date of the occurrence, the injuries sustained, and the parties involved. DATED: East Syracuse, New York February 22, 2021 Yours, etc., ________________________________ BY: J. William Savage, Esq. Law Office of J. William Savage Attorneys for Defendant MICHAEL AYERS 6320 Fly Road, Suite 107 East Syracuse, NY 13057 315-446-4705 Sensitivity: Confidential 3 of 4 FILED: TOMPKINS COUNTY CLERK 02/22/2021 02:02 PM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2021 CI2021-02989 Index #: EF2021-0016 TO: Luciano L. Lama, Esq. The Lama Law Firm, LLP Attorneys for Plaintiff CATHERINE STRAMBA 2343 North Triphammer Road Ithaca, New York 14850 607-275-3425 Sensitivity: Confidential 4 of 4