Preview
FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021
AJS/ty
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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SALVATORE FRANK LEGGIO,
Plaintiff, BILL OF PARTICULARS
-against- Index No. 616805/2021
AMANCIO N. ARISTOND O and
JONATHAN A. ARISTONDO,
Defendants.
--------------------------------------------------------------X
S I R S :
PLEASE TAKE NOTICE, that the following is Plaintiff s Bill of Particulars:
1. The plaintiff is not known by any other name than that set forth in the caption
herein.
2. The vehicular crash occurred on May 27, 2021 at approximately 6:20 PM. The
crash occurred on Union Boulevard approximately 100 feet east of its intersection with Lake
View Avenue, Town of Islip,County of Suffolk, State of New York.
3. That the said defendants were careless, reckless and negligent in the ownership,
operation, maintenance, management and control of their aforesaid vehicle; in operating their aforesaid
vehicle at a dangerous and excessive rate of speed; in failing to bring the same to a stop in order to
avoid the happening of the accident; in failing to have their aforesaid vehicle under reasonable and
proper control; in failing to take the proper means and precautions to avoid and guard against the
happening ofthe accident; in failing to exercise due care and caution in the operation, management, and
control of their aforesaid vehicle; in that they failed to give this plaintiff any warning or notice oftheir
w Offices
IBEN, LLP,
ast MainSt.
ore, NY11706
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approach; in failing to give this plaintiff an opportunity to avoid the happening of the accident; in
failing to apply their brakes in time to avoid the happening of the accident; in failing to keep a proper
lookout fortraffic along the aforesaid public highways; in failing to operate their aforesaid vehicle as a
reasonable and prudent person; and in other ways, acting in a dangerous, careless and negligentmanner.
4. The defendants violated the New York State Vehicle & Traffic Law, Sections
1120, 1129, 1180, and 1212.
5. The plaintiff sustained the following serious and permanent injuries:
- Cervical cervical interlaminar epidural steroid injection
radiculopathy requiring
at C7-T1 under fluoroscopic guidance (9/8/2020);
- Cervical spine sprain;
- Aggravation and/or exacerbation of herniated discs at C5-6 and C6-
C34, C4-5,
7;
- Aggravation and/or exacerbation of degenerative changes of the cervical spine;
- Lumbar spine sprain;
- Disc bulges L3-4 and L5-Sl;
- Aggravation and/or exacerbation of degenerative changes of the lumbar spine;
- Herniated disc T7-8;
- Thoracic spine sprain;
- Aggravation and/or exacerbation of degenerative changes of the thoracic spine;
The aforesaid injuries are accompanied by pain, swelling, stiffness, tenderness,
discomfort, weakness, headaches, restriction of motion, limitation of movement and loss of use
and function of the injured portions of the plaintiff's body.
LawOffices
SIBEN, top.
EastMainSt.
3hore,NY 11706
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The plaintiff's injuries are permanent in that the plaintiff suffers permanent pain,
permanent swelling, permanent stiffness, permanent tenderness, permanent discomfort,
permanent weakness, permanent headaches, permanent restriction of motion, permanent
limitation of movement, permanent injury to the structure and alignment of the plaintiff's
cervical, thoracic and lumbar spines, and permanent loss of use and function of the injured
portions of the plaintiff's body.
6. The plaintiff received treatment at the South Shore Univ. Hospital, Bay Shore,
New York on May 27, 2021. The plaintiff was not confined to bed . The plaintiff was not
confined to home. The plaintiff was not totally disabled. The plaintiff was partially disabled
from May 27, 2021and remains partially disabled to date.
7. The plaintiff was not employed. The plaintiff was not a student.
8. SPECIAL DAMAGES:
South Shore Univ. Hospital: $3,713.33
Manetto Hill Chiropractic: to be provided
Zwanger-Pesiri Radiology: to be provided
New York Spine & Pain: to be provided
9. The plaintiff resides at 6 Ventura Lane, Bay Shore, NY 11706. The plaintiff was
born in 1961 and is 59 years of age. The plaintiff's social security number is XXX-XX-5939.
10. All vehicles involved in this occurrence were traveling eastbound on Union
Boulevard just prior to the happening of this occurrence.
1 1. The plaintiff makes no claim for loss of services, society and consortium.
12. The plaintiff knows of no dangerous and/or defective condition contributing to
LawOffices
SIBEN, tte.
EastMainSt.
3hore,NY 117.06
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this occurrence.
13. The plaintiff need not establish notice as part of his prima facie case.
I4. The plaintiff need not establish notice as part of his prima facie case.
15. The plaintiff received no-fault benefits from the State Form Insurance Company
under Claim Number 32-20H4-87C.
16-17, Plaintiff makes claim under subdivisions (a) and (d) of Section 5102 of the Insurance
Law and under Section 5104 of the Insurance Law by reason of the injuries sustained and the
permanency thereof as set forth herein and by reason of the special damages as set forth herein.
18. Plaintiff makes no claim for personal or real property damage.
19. The plaintiff knows of no purported liens or lawful liens against his recovery
herein.
20. This action falls under CPLR 1602.6.
Dated: Bay Shore, New York
November 22, 2021
Yours, etc.,
ANDREW J. SCHABER, ESQ.
SIBEN & SIBEN, LLP
Attorneys for Plaintiff
Office & P.O. Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
S&S File #5/27/21 A
-awOffices
51BEN, tee.
EastMainSt.
ihore,NY H706
4 of 17
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TO: JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendant, AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO
P. O. Box 9040
300 Jericho Quadrangle, Ste. 260
Jericho, NY 11753
(516) 229-6000
File #21NEWY34613
Claim #32-20M5-20P
LawOffices
SlBEN, tee.
EastMainSt.
Shore,NY 11706
5 of 17
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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SALVATORE FRANK LEGGIO,
Plaintiff, REPLY TO
COMBINED DEMANDS
-against-
Index No. 616805/2021
AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO,
Defendants.
----------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that in reply to your Combined Demands for Discovery you are
advised as follows:
1. The plaintiff knows of no witnesses to this occurrence.
2. The plaintiff is not in possession of statements from the answering defendants
any
herein.
3. All medical records, including authorizations, are annexed to the Bill of
Particulars.
4. The plaintiff is not in possession of any photographs of the scene of this
occurrence or of the vehicles involved in this occurrence.
5. Please be advised that at the present time the plaintiffhas not retained the services of
an expert witness, but will provide the name and qualifications of said expert when and ifsame is
retained.
6. The plaintiff is a Medicare recipient. Medicare did not pay for any of the medical
treatment received by the plaintiff herein.
twOffices
IBEN,tte.
ast MainSt.
ore,NY11706 6 of 17
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7. In regard to the names and addresses of each party appearing in this action, you are
advised that the plaintiffs attorneys and defendant's attorneys are the only attorneys involved in this
action.
Dated: Bay Shore, New York
November 22, 2021
Yours, etc.,
ANDREW J CHABER, ESQ.
SIBEN & N, LLP
Attorneys f Plaintiff
Office & P.O. Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
S&S File #5/27/21 A
TO: JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendant, AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO
P. O. Box 9040
300 Jericho Quadrangle, Ste. 260
Jericho, NY 11753
(516) 229-6000
File #21NEWY34613
Claim #32-20M5-20P
_awOffices
SlBEN, LLP.
EastMainSL
shore,NY11706
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------X
SALVATORE FRANK LEGGIO,
Plaintiff, COMBINED DEMANDS
- against - INDEX NO: 616805/2021
AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO,
Defendants.
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S I R S:
PLEASE TAKE NOTICE, that demand is hereby made pursuant to CPLR 3120(a), that
defendant(s) hereto produce the following specifically identified documents and/or records at the
offices of SIBEN & S]BEN at 90 East Main Street, Bay Shore, New York 11706, at 10:00 a.m. on
the 20th day after service of this notice, for inspection, copying and/or testing of
1. Photographs and/or any diagrams depicting the location of the accident.
2. A copy of any MV104 filed by defendant in connection with this matter.
3. All maintenance contracts or agreements by and between the parties with respect to
the premises which is the subject matter of the above litigation, if any.
4. . All leases, contracts and/or franchise agreements by and between the parties hereto o
pertaining to:
a) the premises which is the subject matter of this litigation, or
b) the motor vehicles which are the subject matter of this litigation.
In the event that it is claimed that any impediment to disclosure exists in regard to these
materials, demand is made that such records be furnished to a Justice of the Court for in-camera
inspection and disclosure of same.
LawOffices
SlBEN & SIBEN,
LLP.
90EastMainSt.
BayShore,NY 11706
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PLEASE TAKE FURTHER NOTICE, that demand is hereby made upon you, pursuant to
CPLR 3101(e), that defendant(s), their agents, servants and/or employees produce all statements in
their possession made by the plaintiff(s) regarding the within incident. If there are no statements,
please advise accordingly.
PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within
twenty (20) days of the date hereof will serve as a basis for objection by the undersigned upon the
introduction of said statements at the trial of this matter.
PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101(g), you are required to
produce any written reports pertaining to the within matter of the above litigation prepared in the
regular course of business, operations or practices of any person, firm, corporation, association, or of
the public or private entity; and demand is hereby made for same, including, but not limited to,
accident reports and/or incident reports prepared in the regular course of business, operations or
practices.
PLEASE TAKE FURTHER NOTICE, that this demand is a continuing one, and should such
information become known in the future, the same should be furnished within a reasonable time after
acquiring same.
PLEASE TAKE FURTHER NOTICE, that any attempt to introduce written reports described
above at the time of trial not disclosed will serve as a basis for objection by the undersigned to the
use of such reports at the trial of this matter.
PLEASE TAKE FURTHER NOTICE, that demand for witnesses ishereby made upon you to
furnish the undersigned with a verified statement containing the names and addresses of any and all
actual witnesses to the occurrence which is the subject matter of the above litigation within twenty
LawOffices
SIBEN & SIBEN,
LLP.
90EastMainSt.
BayShore,NY 11706
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(20) days of receipt of this notice. In the event that no such names or addresses are currently known,
a verified statement to this effect shall be provided within the stated time.
PLEASE TAKE FURTHER NOTICE, that this demand is a continuing one and that should
such information become known in the future, then said names and addresses should be furnished
within a reasonable time after acquiring same.
PLEASE TAKE FURTHER NOTICE, that any attempt to introduce testimony at time of trial
of any witnesses not disclosed will serve as a basis for objection by the undersigned to the use of the
same at the time of trial of this matter.
PLEASE TAKE FURTHER NOTICE that demand is made pursuant to CPLR Section
3101(d):
1. Name each person whom you expect to call as an expert witness at trial.
2. Disclose in reasonable detail the qualifications of each expert witness.
3. Disclose in reasonable detail the subject matter on which each expert is expected to
testify.
4. Disclose in reasonable detail the substance of the facts and opinions on which each
expert is expected to testify.
5. Disclose in reaseñable detail a surn-mary of the grounds for each expert's opinion.
This is a continuing demand for information regarding experts retained by you for trial.
Failure to comply with this Notice in a timely manner shall be grounds for an order precluding the
use of expert testimony at trial.
PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf of the
undersigned's'
plaintiff(s), that pursuant to CPLR Sections 3101(i) and 3120, you produce at the
office for inspection and copying, within twenty (20) days of this deniañd any and all surveillance
LawOffices
SIBEN & SIBEN,
LLP.
90EastMainSt
NY 11706
BayShore,
10 of 17
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materials, including but not limited to films, video-tapes or audio-tapes including transcripts or
memoranda thereof, including allportions of such material, including out-takes, which depicts or is
alleged to depict the plaintiff or otherwise involves a person referred to in CPLR 3001(a)(1) which is
now in your possession, custody or control or in possession, custody or control of any party you
represent in this matter.
This is a continuing demand. Should any such surveillance material come into your
possession, custody or control, or into the possession, custody or control of any party you represent
in this action, after the date of this demand, demand is hereby made that you produce such
surveillance material at the office of the uñdersigned's for inspection and copying on the aforesaid
date or within twenty (20) days after you, or said party, obtain possession, custody or control of
same.
Failure to comply with this demand in accordance with the dictates of the Court of Appeals as
set forth in the matter of Tran v. New Rochelle Hospital Medical Center, 2003 WL 367551 (N.Y.),
2003, N.Y. Slip O.P. 11220 shall result in an application to the Court for the purpose of precluding
the use of any such materials and such other relief as the Court may deem proper.
Dated: Bay Shore, New York
November 22, 2021
Yours, et
ANDREW . SCHABER, ESQ.
SIBEN & S EN, LLP
Attorneys for Plaintiff
Office & P.O. Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
S&S File #5/27/21 A
LawOffices
SIBEN & SIBEN,
LLP.
90EastMainSt.
NY L1706
BayShore,
11 of 17
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TO: JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendant, AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO
P. O. Box 9040
300 Jericho Quadrangle, Ste. 260
Jericho, NY 11753
(516) 229-6000
File #21NEWY34613
Claim #32-20M5-20P
LawOffices
SIBEN & SIBEN,
LLP.
90EastMainSt.
BayShore,NY 11706
12 of 17
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------------------------------X
SALVATORE FRANK LEGGIO,
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON
ORAL EXAMINATION
-against-
INDEX NO: 616805/2021
AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO,
Defendants.
------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules,
the testimony, upon oral examination, of allparties will be taken before a NOTARY PUBLIC who is
not an attorney, or employee of an attorney, for any party or prospective party herein and is not a
person who would be disqualified to act as ajuror because of interest or because of consanguinity of
22nd
affinity to any party herein at 90 East Main Street, Bay Shore, NY on the day Of December,
2021 at 10:00 o'clock in the morning of the day with respect to evidence material and necessary in
the prosecution and defense of this action.
All of the relevant facts and circumstances in connection with this accident including
negligence, liability and damages.
That the said person to be examined is required to produce at such examination the
following: All papers, documents and written material related to the above matter.
Dated: Bay Shore, New York
November 22, 2021
Yours, et ,
ANDRE . SCHABER, ESQ.
SIBEN & IBEN, LLP
Attomeys for Plaintiff
Office & P.O. Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
S&S File #5/27/21 A
LawOffices
SIBEN & SIBEN,
LLP.
90EastMainSt
BayShore,NY I 1706 13 of 17
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021
TO: JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendant, AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO
P. O. Box 9040
300 Jericho Quadrangle, Ste. 260
Jericho, NY 11753
(516) 229-6000
File #21NEWY34613
Claim #32-20M5-20P
LawOffices
SIBEN & SIBEN,
LL P.
90EastMainSt.
NY 11706
BayShore,
14 of 17
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
___________-_ _____-_-_
_---____--------------------------------------------X
SALVATORE FRANK LEGGIO,
Plaintiff, REPLY TO DAMAND FOR
TOTAL DAMAGES
- against -
Index No: 616805/2021
AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO,
Defendants.
--------------------------------------------------------------------------X
S I R S:
PLEASE TAKE NOTICE, that the plaintiff, SALVATORE FRANK LEGGIO, makes claim
for damages for pennanent personal bodily injury, pain and suffering allto his damages in the sum of
FIVE HUNDRED THOUSAND and 00/100 ($500,000.00).
Dated: Bay Shore, New York
November 22, 2021
Yours, e .
ANDREW . SCHABER, ESQ.
SIBEN & EN, LLP
Attorneys for Plaintiff
Office & P.O. Address
90 East Main Street
Bay Shore, New York 11706
(631) 665-3400
S&S File #5/27/21 A
TO: JAMES F. BUTLER & ASSOCIATES
Attorneys for Defendant, AMANCIO N. ARISTONDO and
JONATHAN A. ARISTONDO
P. O. Box 9040
300 Jericho Quadrangle, Ste. 260
Jericho, NY 11753
(516) 229-6000
File #21NEWY34613
Claim #32-20M5-20P
LawOffices
SIBEN & SIBEN,
LLP.
90EastMainSt
BayShore,NY 11706 15 of 17
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AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK)
ss.:
COUNTY OF SUFFOLK)
The undersigned, being duly sworn, deposes and says, deponent is not a party to the action, is over
18 years of age and is employed by the law firm of Siben & Siben, LLP., attorneys for Plaintiff.
That on N.oxe.mber-30, 2021 deponent served the within VERIFIED BILL OF PARTICULARS
upon:
JAMES F. BUTLER PO BOX 9040, JERICHO, NY 11753
attorney(s) for the above named in this action, at the aforesaid address(es)
designated by said attorney(s) for that purpose by depositing a true copy of same, enclosed in a
postpaid, properly addressed wrapper, in the Penataquit Station of the United States Postal Service at
Bay Shore, New York.
C RIST E SMITH
Sworn to before me this
Stt'
day of Nevember, 2021.
NOTARY PUBLIC
RO¤N WT- JON
NOTARY PUBUC, State of New York
No. 01Wl5018500
≠h Suffolk
County
oommkbn Goires Senver 27, 2009
ffices
SIBEN
Main St.
NY 11706
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TATE OF NEW YORK:
COUNTY OF SUFFOLK: INDEX NO 616085/2021
S VATORE FRANK LEGGIO,
Plaintiff(s),
-against-
AMANCIO N. ARISTONDO and JONATHA A. ARISTONDO,
Defendant(s)
VERIFIED BILL OF PARTICULAR
SIBEN & SIBEN, LLP.
ATTORNEY'S FOR PLAINTIFF
90 EAST MAIN STREET
BAY SHORE, N.Y. 11706
(631) 665-3400
TO SIGNATURE (Rule 130-1.1-a)
ATTORNEY(S) FOR
Serviceof a copy of the within
Dated,
is hereby admitted.
NOTICE OF SETTLEMENT NOTICE OF ENTRt
Sir: Pleasetakenoticethatanorderof which thewithin is a Sir: Pleasetakenoticethatthewithin is a (bertified)true
true copy will bepresentedfor settlementto theHonorable copy of a duly enteredin theOffice of the
, oneof thejudgesof the within namedCourt, at
on the Clerk of the within Court of County, namedCourton
day of , 2007at . , 2007.
Dated: Dated:
SIBEN & SIBEN, LLP. yours,etc.
Attorney(s)for
90 EastMain Street
Bay Shore,NY11706
To:
Attorney(s)for
Sir:Pleasetakenotice that the within is a (certified) true
copy of a duly enteredin the Office of the
Clerk of the within Court of
County, named Court on
Law Offices
SlBEN & SIBEN
90 East Main St.
Bay Shore, NY 11706
17 of 17
Preview
FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 AJS/ty SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------X SALVATORE FRANK LEGGIO, Plaintiff, BILL OF PARTICULARS -against- Index No. 616805/2021 AMANCIO N. ARISTOND O and JONATHAN A. ARISTONDO, Defendants. --------------------------------------------------------------X S I R S : PLEASE TAKE NOTICE, that the following is Plaintiff s Bill of Particulars: 1. The plaintiff is not known by any other name than that set forth in the caption herein. 2. The vehicular crash occurred on May 27, 2021 at approximately 6:20 PM. The crash occurred on Union Boulevard approximately 100 feet east of its intersection with Lake View Avenue, Town of Islip,County of Suffolk, State of New York. 3. That the said defendants were careless, reckless and negligent in the ownership, operation, maintenance, management and control of their aforesaid vehicle; in operating their aforesaid vehicle at a dangerous and excessive rate of speed; in failing to bring the same to a stop in order to avoid the happening of the accident; in failing to have their aforesaid vehicle under reasonable and proper control; in failing to take the proper means and precautions to avoid and guard against the happening ofthe accident; in failing to exercise due care and caution in the operation, management, and control of their aforesaid vehicle; in that they failed to give this plaintiff any warning or notice oftheir w Offices IBEN, LLP, ast MainSt. ore, NY11706 1 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 approach; in failing to give this plaintiff an opportunity to avoid the happening of the accident; in failing to apply their brakes in time to avoid the happening of the accident; in failing to keep a proper lookout fortraffic along the aforesaid public highways; in failing to operate their aforesaid vehicle as a reasonable and prudent person; and in other ways, acting in a dangerous, careless and negligentmanner. 4. The defendants violated the New York State Vehicle & Traffic Law, Sections 1120, 1129, 1180, and 1212. 5. The plaintiff sustained the following serious and permanent injuries: - Cervical cervical interlaminar epidural steroid injection radiculopathy requiring at C7-T1 under fluoroscopic guidance (9/8/2020); - Cervical spine sprain; - Aggravation and/or exacerbation of herniated discs at C5-6 and C6- C34, C4-5, 7; - Aggravation and/or exacerbation of degenerative changes of the cervical spine; - Lumbar spine sprain; - Disc bulges L3-4 and L5-Sl; - Aggravation and/or exacerbation of degenerative changes of the lumbar spine; - Herniated disc T7-8; - Thoracic spine sprain; - Aggravation and/or exacerbation of degenerative changes of the thoracic spine; The aforesaid injuries are accompanied by pain, swelling, stiffness, tenderness, discomfort, weakness, headaches, restriction of motion, limitation of movement and loss of use and function of the injured portions of the plaintiff's body. LawOffices SIBEN, top. EastMainSt. 3hore,NY 11706 2 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 The plaintiff's injuries are permanent in that the plaintiff suffers permanent pain, permanent swelling, permanent stiffness, permanent tenderness, permanent discomfort, permanent weakness, permanent headaches, permanent restriction of motion, permanent limitation of movement, permanent injury to the structure and alignment of the plaintiff's cervical, thoracic and lumbar spines, and permanent loss of use and function of the injured portions of the plaintiff's body. 6. The plaintiff received treatment at the South Shore Univ. Hospital, Bay Shore, New York on May 27, 2021. The plaintiff was not confined to bed . The plaintiff was not confined to home. The plaintiff was not totally disabled. The plaintiff was partially disabled from May 27, 2021and remains partially disabled to date. 7. The plaintiff was not employed. The plaintiff was not a student. 8. SPECIAL DAMAGES: South Shore Univ. Hospital: $3,713.33 Manetto Hill Chiropractic: to be provided Zwanger-Pesiri Radiology: to be provided New York Spine & Pain: to be provided 9. The plaintiff resides at 6 Ventura Lane, Bay Shore, NY 11706. The plaintiff was born in 1961 and is 59 years of age. The plaintiff's social security number is XXX-XX-5939. 10. All vehicles involved in this occurrence were traveling eastbound on Union Boulevard just prior to the happening of this occurrence. 1 1. The plaintiff makes no claim for loss of services, society and consortium. 12. The plaintiff knows of no dangerous and/or defective condition contributing to LawOffices SIBEN, tte. EastMainSt. 3hore,NY 117.06 3 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 this occurrence. 13. The plaintiff need not establish notice as part of his prima facie case. I4. The plaintiff need not establish notice as part of his prima facie case. 15. The plaintiff received no-fault benefits from the State Form Insurance Company under Claim Number 32-20H4-87C. 16-17, Plaintiff makes claim under subdivisions (a) and (d) of Section 5102 of the Insurance Law and under Section 5104 of the Insurance Law by reason of the injuries sustained and the permanency thereof as set forth herein and by reason of the special damages as set forth herein. 18. Plaintiff makes no claim for personal or real property damage. 19. The plaintiff knows of no purported liens or lawful liens against his recovery herein. 20. This action falls under CPLR 1602.6. Dated: Bay Shore, New York November 22, 2021 Yours, etc., ANDREW J. SCHABER, ESQ. SIBEN & SIBEN, LLP Attorneys for Plaintiff Office & P.O. Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 S&S File #5/27/21 A -awOffices 51BEN, tee. EastMainSt. ihore,NY H706 4 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 TO: JAMES F. BUTLER & ASSOCIATES Attorneys for Defendant, AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO P. O. Box 9040 300 Jericho Quadrangle, Ste. 260 Jericho, NY 11753 (516) 229-6000 File #21NEWY34613 Claim #32-20M5-20P LawOffices SlBEN, tee. EastMainSt. Shore,NY 11706 5 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------X SALVATORE FRANK LEGGIO, Plaintiff, REPLY TO COMBINED DEMANDS -against- Index No. 616805/2021 AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO, Defendants. ----------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that in reply to your Combined Demands for Discovery you are advised as follows: 1. The plaintiff knows of no witnesses to this occurrence. 2. The plaintiff is not in possession of statements from the answering defendants any herein. 3. All medical records, including authorizations, are annexed to the Bill of Particulars. 4. The plaintiff is not in possession of any photographs of the scene of this occurrence or of the vehicles involved in this occurrence. 5. Please be advised that at the present time the plaintiffhas not retained the services of an expert witness, but will provide the name and qualifications of said expert when and ifsame is retained. 6. The plaintiff is a Medicare recipient. Medicare did not pay for any of the medical treatment received by the plaintiff herein. twOffices IBEN,tte. ast MainSt. ore,NY11706 6 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 7. In regard to the names and addresses of each party appearing in this action, you are advised that the plaintiffs attorneys and defendant's attorneys are the only attorneys involved in this action. Dated: Bay Shore, New York November 22, 2021 Yours, etc., ANDREW J CHABER, ESQ. SIBEN & N, LLP Attorneys f Plaintiff Office & P.O. Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 S&S File #5/27/21 A TO: JAMES F. BUTLER & ASSOCIATES Attorneys for Defendant, AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO P. O. Box 9040 300 Jericho Quadrangle, Ste. 260 Jericho, NY 11753 (516) 229-6000 File #21NEWY34613 Claim #32-20M5-20P _awOffices SlBEN, LLP. EastMainSL shore,NY11706 7 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------X SALVATORE FRANK LEGGIO, Plaintiff, COMBINED DEMANDS - against - INDEX NO: 616805/2021 AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO, Defendants. -----------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that demand is hereby made pursuant to CPLR 3120(a), that defendant(s) hereto produce the following specifically identified documents and/or records at the offices of SIBEN & S]BEN at 90 East Main Street, Bay Shore, New York 11706, at 10:00 a.m. on the 20th day after service of this notice, for inspection, copying and/or testing of 1. Photographs and/or any diagrams depicting the location of the accident. 2. A copy of any MV104 filed by defendant in connection with this matter. 3. All maintenance contracts or agreements by and between the parties with respect to the premises which is the subject matter of the above litigation, if any. 4. . All leases, contracts and/or franchise agreements by and between the parties hereto o pertaining to: a) the premises which is the subject matter of this litigation, or b) the motor vehicles which are the subject matter of this litigation. In the event that it is claimed that any impediment to disclosure exists in regard to these materials, demand is made that such records be furnished to a Justice of the Court for in-camera inspection and disclosure of same. LawOffices SlBEN & SIBEN, LLP. 90EastMainSt. BayShore,NY 11706 8 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 PLEASE TAKE FURTHER NOTICE, that demand is hereby made upon you, pursuant to CPLR 3101(e), that defendant(s), their agents, servants and/or employees produce all statements in their possession made by the plaintiff(s) regarding the within incident. If there are no statements, please advise accordingly. PLEASE TAKE FURTHER NOTICE, that default in complying with this demand within twenty (20) days of the date hereof will serve as a basis for objection by the undersigned upon the introduction of said statements at the trial of this matter. PLEASE TAKE FURTHER NOTICE, that pursuant to CPLR 3101(g), you are required to produce any written reports pertaining to the within matter of the above litigation prepared in the regular course of business, operations or practices of any person, firm, corporation, association, or of the public or private entity; and demand is hereby made for same, including, but not limited to, accident reports and/or incident reports prepared in the regular course of business, operations or practices. PLEASE TAKE FURTHER NOTICE, that this demand is a continuing one, and should such information become known in the future, the same should be furnished within a reasonable time after acquiring same. PLEASE TAKE FURTHER NOTICE, that any attempt to introduce written reports described above at the time of trial not disclosed will serve as a basis for objection by the undersigned to the use of such reports at the trial of this matter. PLEASE TAKE FURTHER NOTICE, that demand for witnesses ishereby made upon you to furnish the undersigned with a verified statement containing the names and addresses of any and all actual witnesses to the occurrence which is the subject matter of the above litigation within twenty LawOffices SIBEN & SIBEN, LLP. 90EastMainSt. BayShore,NY 11706 9 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 (20) days of receipt of this notice. In the event that no such names or addresses are currently known, a verified statement to this effect shall be provided within the stated time. PLEASE TAKE FURTHER NOTICE, that this demand is a continuing one and that should such information become known in the future, then said names and addresses should be furnished within a reasonable time after acquiring same. PLEASE TAKE FURTHER NOTICE, that any attempt to introduce testimony at time of trial of any witnesses not disclosed will serve as a basis for objection by the undersigned to the use of the same at the time of trial of this matter. PLEASE TAKE FURTHER NOTICE that demand is made pursuant to CPLR Section 3101(d): 1. Name each person whom you expect to call as an expert witness at trial. 2. Disclose in reasonable detail the qualifications of each expert witness. 3. Disclose in reasonable detail the subject matter on which each expert is expected to testify. 4. Disclose in reasonable detail the substance of the facts and opinions on which each expert is expected to testify. 5. Disclose in reaseñable detail a surn-mary of the grounds for each expert's opinion. This is a continuing demand for information regarding experts retained by you for trial. Failure to comply with this Notice in a timely manner shall be grounds for an order precluding the use of expert testimony at trial. PLEASE TAKE FURTHER NOTICE, that the undersigned demands, on behalf of the undersigned's' plaintiff(s), that pursuant to CPLR Sections 3101(i) and 3120, you produce at the office for inspection and copying, within twenty (20) days of this deniañd any and all surveillance LawOffices SIBEN & SIBEN, LLP. 90EastMainSt NY 11706 BayShore, 10 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 materials, including but not limited to films, video-tapes or audio-tapes including transcripts or memoranda thereof, including allportions of such material, including out-takes, which depicts or is alleged to depict the plaintiff or otherwise involves a person referred to in CPLR 3001(a)(1) which is now in your possession, custody or control or in possession, custody or control of any party you represent in this matter. This is a continuing demand. Should any such surveillance material come into your possession, custody or control, or into the possession, custody or control of any party you represent in this action, after the date of this demand, demand is hereby made that you produce such surveillance material at the office of the uñdersigned's for inspection and copying on the aforesaid date or within twenty (20) days after you, or said party, obtain possession, custody or control of same. Failure to comply with this demand in accordance with the dictates of the Court of Appeals as set forth in the matter of Tran v. New Rochelle Hospital Medical Center, 2003 WL 367551 (N.Y.), 2003, N.Y. Slip O.P. 11220 shall result in an application to the Court for the purpose of precluding the use of any such materials and such other relief as the Court may deem proper. Dated: Bay Shore, New York November 22, 2021 Yours, et ANDREW . SCHABER, ESQ. SIBEN & S EN, LLP Attorneys for Plaintiff Office & P.O. Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 S&S File #5/27/21 A LawOffices SIBEN & SIBEN, LLP. 90EastMainSt. NY L1706 BayShore, 11 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 TO: JAMES F. BUTLER & ASSOCIATES Attorneys for Defendant, AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO P. O. Box 9040 300 Jericho Quadrangle, Ste. 260 Jericho, NY 11753 (516) 229-6000 File #21NEWY34613 Claim #32-20M5-20P LawOffices SIBEN & SIBEN, LLP. 90EastMainSt. BayShore,NY 11706 12 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------------X SALVATORE FRANK LEGGIO, Plaintiff, NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION -against- INDEX NO: 616805/2021 AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO, Defendants. ------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that pursuant to Article 31 of the Civil Practice Law and Rules, the testimony, upon oral examination, of allparties will be taken before a NOTARY PUBLIC who is not an attorney, or employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as ajuror because of interest or because of consanguinity of 22nd affinity to any party herein at 90 East Main Street, Bay Shore, NY on the day Of December, 2021 at 10:00 o'clock in the morning of the day with respect to evidence material and necessary in the prosecution and defense of this action. All of the relevant facts and circumstances in connection with this accident including negligence, liability and damages. That the said person to be examined is required to produce at such examination the following: All papers, documents and written material related to the above matter. Dated: Bay Shore, New York November 22, 2021 Yours, et , ANDRE . SCHABER, ESQ. SIBEN & IBEN, LLP Attomeys for Plaintiff Office & P.O. Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 S&S File #5/27/21 A LawOffices SIBEN & SIBEN, LLP. 90EastMainSt BayShore,NY I 1706 13 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 TO: JAMES F. BUTLER & ASSOCIATES Attorneys for Defendant, AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO P. O. Box 9040 300 Jericho Quadrangle, Ste. 260 Jericho, NY 11753 (516) 229-6000 File #21NEWY34613 Claim #32-20M5-20P LawOffices SIBEN & SIBEN, LL P. 90EastMainSt. NY 11706 BayShore, 14 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___________-_ _____-_-_ _---____--------------------------------------------X SALVATORE FRANK LEGGIO, Plaintiff, REPLY TO DAMAND FOR TOTAL DAMAGES - against - Index No: 616805/2021 AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO, Defendants. --------------------------------------------------------------------------X S I R S: PLEASE TAKE NOTICE, that the plaintiff, SALVATORE FRANK LEGGIO, makes claim for damages for pennanent personal bodily injury, pain and suffering allto his damages in the sum of FIVE HUNDRED THOUSAND and 00/100 ($500,000.00). Dated: Bay Shore, New York November 22, 2021 Yours, e . ANDREW . SCHABER, ESQ. SIBEN & EN, LLP Attorneys for Plaintiff Office & P.O. Address 90 East Main Street Bay Shore, New York 11706 (631) 665-3400 S&S File #5/27/21 A TO: JAMES F. BUTLER & ASSOCIATES Attorneys for Defendant, AMANCIO N. ARISTONDO and JONATHAN A. ARISTONDO P. O. Box 9040 300 Jericho Quadrangle, Ste. 260 Jericho, NY 11753 (516) 229-6000 File #21NEWY34613 Claim #32-20M5-20P LawOffices SIBEN & SIBEN, LLP. 90EastMainSt BayShore,NY 11706 15 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) The undersigned, being duly sworn, deposes and says, deponent is not a party to the action, is over 18 years of age and is employed by the law firm of Siben & Siben, LLP., attorneys for Plaintiff. That on N.oxe.mber-30, 2021 deponent served the within VERIFIED BILL OF PARTICULARS upon: JAMES F. BUTLER PO BOX 9040, JERICHO, NY 11753 attorney(s) for the above named in this action, at the aforesaid address(es) designated by said attorney(s) for that purpose by depositing a true copy of same, enclosed in a postpaid, properly addressed wrapper, in the Penataquit Station of the United States Postal Service at Bay Shore, New York. C RIST E SMITH Sworn to before me this Stt' day of Nevember, 2021. NOTARY PUBLIC RO¤N WT- JON NOTARY PUBUC, State of New York No. 01Wl5018500 ≠h Suffolk County oommkbn Goires Senver 27, 2009 ffices SIBEN Main St. NY 11706 16 of 17 FILED: SUFFOLK COUNTY CLERK 12/01/2021 11:50 AM INDEX NO. 616805/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/01/2021 TATE OF NEW YORK: COUNTY OF SUFFOLK: INDEX NO 616085/2021 S VATORE FRANK LEGGIO, Plaintiff(s), -against- AMANCIO N. ARISTONDO and JONATHA A. ARISTONDO, Defendant(s) VERIFIED BILL OF PARTICULAR SIBEN & SIBEN, LLP. ATTORNEY'S FOR PLAINTIFF 90 EAST MAIN STREET BAY SHORE, N.Y. 11706 (631) 665-3400 TO SIGNATURE (Rule 130-1.1-a) ATTORNEY(S) FOR Serviceof a copy of the within Dated, is hereby admitted. NOTICE OF SETTLEMENT NOTICE OF ENTRt Sir: Pleasetakenoticethatanorderof which thewithin is a Sir: Pleasetakenoticethatthewithin is a (bertified)true true copy will bepresentedfor settlementto theHonorable copy of a duly enteredin theOffice of the , oneof thejudgesof the within namedCourt, at on the Clerk of the within Court of County, namedCourton day of , 2007at . , 2007. Dated: Dated: SIBEN & SIBEN, LLP. yours,etc. Attorney(s)for 90 EastMain Street Bay Shore,NY11706 To: Attorney(s)for Sir:Pleasetakenotice that the within is a (certified) true copy of a duly enteredin the Office of the Clerk of the within Court of County, named Court on Law Offices SlBEN & SIBEN 90 East Main St. Bay Shore, NY 11706 17 of 17