Preview
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
------------ ____ _ ____---------------__________Ç
ANTONIO ESPINOSA,
Plaintiff,
-against- VERIFIED BILL OF
PARTICULARS
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC. Index No.: 515277/2018
Defendant(s).
-----________ _---- _____ ___________--..---------X
Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, responding to the demands
of the Defendants for a Verified Bill of Particulars, allege(s), upon information and belief:
1. Plaintiff, Antonio Espinosa was born in 1979.
2. As for the Social security numbers, improper demand for a Bill of Particulars as per New
York General Business Law §399-ddd.
3. Plaintiff Antonio Espinosa resides at 1732 West 1st Street, Brooklyn NY 11223.
4. Not applicable.
5. The occurrence complained of took place on January 11, 2018 at or about 8:00 AM.
6. The occurrence complained of took place at a building under construction / renovation
located at 2357 60th Street, Brooklyn, New York 11204.
7. Plaintiff was struck by a falling object from an elevated height.
8. The defendants, their agents, servants and/or employees were negligent, reckless and
careless in the negligent ownership, operation, maintenance, management, control,
possession, supervision, direction, construction, inspection, renovation, rehabilitation, of
the said premises under construction; in that they failed to provide plaintiff with a safe
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
place to work; failed to provide the plaintiff with a hazard-free work place; failed to
provide a laborer/ and/ or signalman; failed to provide the plaintiff with safety belts,
safety ropes, safety harnesses and/or other safety devices; in failing to provide the
plaintiff with a hard hat; safety netting or other protective devices; in failing to provide
proper overhead protection; in allowing objects, debris, construction materials, bricks,
etc., or other construction materials to fall from the above floors of the premises and
strike plaintiff; in allowing materials, debris, and objects to fall down from an elevated
height; in failing to properly secure bricks or removing metal frames, and allowing same
to fall down; in failing to install screens, guardrail systems, nets, catch platforms or
canopy structures that contain or deflect the falling objects; in negligently, carelessly and
recklessly allowing loose improperly secured materials to fall and strike the plaintiff; in
failing to secure construction material which fell down and struck the Plaintiff; failed to
properly control, direct and/or supervise the plaintiff with proper safety devices to be
placed as to afford proper protection to the plaintiff lawfully working thereat; failed to
inspect the work areas on the date of the accident and prior thereto to see that said work
area contained proper and approved safety devices; in failing to properly hoist
construction materials; in failing to provide hard hats or safety equipment; in failing to
secure the equipment; in improperly hoisting materials; in failing to erect proper barriers;
in failing to use proper equipment; in failing to properly transport materials upon the
premises; in failing to use proper equipment and safety devices; in negligently
transporting materials to elevated heights at the premises; in negligently. carelessly, and
recklessly performing construction, demolition, renovation, construction, at the premises;
in failing to use proper materials and equipment; in failing to use proper equipment in
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
hoisting/transporting. in failing to provide the plaintiff with a safe place to work; in
failing to warn the plaintiff of the dangers involved herein; in failing to use proper netting
or other devices which would have prevented the objects from falling from elevated
heights; in failing to secure materials or equipment being transported or hoisted at the
premises; in negligently and carelessly failing to secure materials and/ or equipment
which were being secured upon the side of the building. In failing to properly tie,secure.
and attach the materials or objects at the time of the accident.
"8"
9. Please refer to paragraph incorporated by reference.
10. Improper for demand for a billof particulars.
11. Improper for demand for a billof particulars.
12. Improper for demand for a bill of particulars.
13. Improper for demand for a bill of particulars.
14. Improper for demand for a bill of particulars.
15. Improper for demand for a bill of particulars.
16. Improper for demand for a bill of particulars.
17. Improper for demand for a bill of particulars.
18. Improper for demand for a bill of particulars.
19. Improper for demand for a bill of particulars.
20. Improper for demand for a bill of particulars.
21. Improper for demand for a bill of particulars.
22. Improper for demand for a bill of particulars.
23. Improper for demand for a bill of particulars.
24. Improper for demand for a bill of particulars.
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
25. Improper for demand for a bill of particulars.
26. Improper for demand for a bill of particulars.
27. Improper for demand for a bill of particulars.
28. Improper for demand for a bill of particulars.
29. Improper for demand for a bill of particulars.
30. Improper for demand for a bill of particulars.
31. Improper for demand for a bill of particulars.
32. Improper for demand for a bill of particulars.
33. Improper for demand for a bill of particulars.
34. Improper for demand for a bill of particulars.
35. Improper for demand for a bill of particulars.
36. Improper for demand for a bill of particulars.
37. Improper for demand for a bill of particulars.
38. Improper for demand for a bill of particulars.
39. Improper for demand for a bill of particulars.
40. As a result of the occurrence, the Plaintiff Antonio Espinosa sustained the following
personal injuries, allof which are alleged to be of a permanent nature:
CLOSED HEAD TRAUMA WITH POSTTRAUMATIC HEADACHE DISORDER;
OPEN WOUND TO THE RIGHT SIDE OF THE FOREHEAD;
POST-TRAUMATIC STRESS DISORDER;
ANXIETY DISORDER DUE TO MEDICAL CONDITION;
TRAUMATIC BRAIN INJURY;
HEAD INJURY;
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
Plaintiff may require future surgeries;
Future cervical epidural steroid injections;
Future surgery to the cervical spine, including but not limited to, diskectomy and/or
laminectomy/fusion;
Future lifetime medical care and cost thereof, including orthopedic and
neurological follow-up, physical therapy, as well as diagnostic testing;
Future lifetime pharmaceutical needs and cost thereof;
As a result of the above injuries, plaintiff suffers severe pain and tenderness of the
head, neck, cervical and lumbosacral spine, and left and right shoulders, leftand right
knees weakness, loss of function, loss of strength, aggravation of a pre-existing, latent
and asymptomatic degenerative conditions, restriction of motion, tears, difficulty in
ambulation, inability to stand for extended periods of time, difficulty in sleeping, all with
involvement of the surrounding tissues, nerve endings, blood vessels, tendons and
ligaments, all with resultant pain, deformity and disability.
All of the aforementioned injuries, resulting disabilities, aggravations,
exacerbations and involvements are associated with further soft tissue injuries to the areas
traumatically affected, including: fracture, tearing, derangement and damage to the
associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all
concomitant to the specific injuries and related to the specific portions of the body
mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity
and disability; stiffness, tenderness, weakness and partial restriction and limitation of
motion, pain on motion and loss of use of the abovementioned parts.
The Plaintiff reserves the right to prove any and all further consequences and any
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
and all further medical expenses up to and at the time of trial.
Upon information and belief, all of the above injuries are permanent and
continuing in nature, except for objective signs of contusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living
a lesser quality of life, including loss of enjoyment of life than the Plaintiff would
otherwise have experienced, but for the injuries and conditions alleged herein.
The Plaintiff suffered, stillsuffers, and upon information and belief will continue
to suffer pain, discomfort and limited movement of the injured portions of his body,
including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels
and soft tissues.
The plaintiff requires future surgeries to the areas which were traumatically
affected as a result of the accident.
All of the injuries sustained by the plaintiff in this accident, were caused, created
or exacerbated the subject upon information and belief the plaintiff had pre-
by accident;
existing conditions which were less symptomatic or asymptomatic prior to the accident,
and as a result of the subject accident were aggravated or exacerbated; in the alternative
or in addition the plaintiff had degenerative disc disease and / or arthritis and/or tears
which were less symptomatic or asymptomatic prior to the accident and was exacerbated
or aggravated as a result of the accident; in addition the plaintiff had such congenital
malformation as it/they existed prior to the accident which was less symptomatic or
asymptomatic prior to the accident and was exacerbated or aggravated as a result of the
accident.
41. Improper demand.
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
42. Improper demand.
"8"
43. Please refer to paragraph incorporated by reference.
"8"
44. Please refer to paragraph incorporated by reference.
"8"
45. Please refer to paragraph incorporated by reference.
"8"
46. Please refer to paragraph incorporated by reference.
"8"
47. Please refer to paragraph incorporated by reference.
"8"
48. Please refer to paragraph incorporated by reference.
49. Improper demand.
50. Actual and constructive notice are both claimed.
51. Actual and Constructive Notice claimed herein. Upon information and belief the
defendants had actual notice of the conditions which caused, created or contributed to the
occurrence alleged in the complaint; upon information and belief the defendants, their
agents, servants, and / or employees observed the conditions, caused or created or
contributed the conditions; were aware of the conditions; the names and times of the
aforesaid shall be provided subsequent to depositions and the conclusion of discovery.
Furthermore notice is not a pre-requisite to plaintiff's causes of action under Labor Law
Section 240(1), 240(2) and 241(6) claims and causes of action.
52. Constructive notice is claimed in that the aforementioned conditions existed for a lengthy
and extended period of time such that the defendants in the exercise of reasonable care
and due diligence could have discovered and remedied same. Plaintiff reserves the right
to supplement or amend this response subsequent to depositions. Furthermore notice is
not a pre-requisite to plaintiff's causes of action under Labor Law Section 240(1), 240(2)
and 241(6) claims and causes of action.
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
"8"
53. Please refer paragraph incorporated by reference.
54. As a result of the occurrence, the Plaintiff Antonio Espinosa sustained the following
personal injuries, allof which are alleged to be of a permanent nature:
CLOSED HEAD TRAUMA WITH POSTTRAUMATIC HEADACHE DISORDER;
OPEN WOUND TO THE RIGHT SIDE OF THE FOREHEAD;
POST-TRAUMATIC STRESS DISORDER;
ANXIETY DISORDER DUE TO MEDICAL CONDITION;
POST TRAUMATIC HEADACHES;
HEAD LACERATION
TRAUMATIC BRAIN INJURY;
CERVICAL SPRAIN/STRAIN;
CERVICAL BUILGING DISC;
HEAD INJURY;
Plaintiff may require future surgeries;
Future cervical epidural steroid injections;
Future surgery to the cervical spine, including but not limited to, diskectomy and/or
laminectomy/fusion;
Future lifetime medical care and cost thereof, including orthopedic and
neurological follow-up, physical therapy, as well as diagnostic testing;
Future lifetime pharmaceutical needs and cost thereof;
As a result of the above injuries, plaintiff suffers severe pain and tenderness of the
head, neck, cervical and lumbosacral spine, and left and right shoulders, left and right
knees weakness, loss of function, loss of strength, aggravation of a pre-existing, latent
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
and asymptomatic degenerative conditions, restriction of motion, tears, difficulty in
ambulation, inability to stand for extended periods of time, difficulty in sleeping, all with
involvement of the surrounding tissues, nerve endings, blood vessels, tendons and
ligaments, allwith resultant pain, deformity and disability.
All of the aforementioned injuries, resulting disabilities, aggravations,
exacerbations and involvements are associated with further soft tissue injuries to the areas
traumatically affected, including: fracture, tearing, derangement and damage to the
associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all
concomitant to the specific injuries and related to the specific portions of the body
mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity
and disability; stiffness, tenderness, weakness and partial restriction and limitation of
motion, pain on motion and loss of use of the abovementioned parts.
The Plaintiff reserves the right to prove any and allfurther consequences and any
and all further medical expenses up to and at the time of trial.
Upon information and belief, all of the above injuries are permanent and
continuing in nature, except for objective signs of contusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living
a lesser quality of life, including loss of enjoyment of life than the Plaintiff would
otherwise have experienced, but for the injuries and conditions alleged herein.
The Plaintiff suffered, stillsuffers, and upon information and belief will continue
to suffer pain, discomfort and limited movement of the injured portions of his body,
including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels
and soft tissues.
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
The plaintiff requires future surgeries to the areas which were traumatically
affected as a result of the accident.
All of the injuries sustained by the plaintiff in this accident, were caused, created
or exacerbated the subject upon information and belief the plaintiff had pre-
by accident;
existing conditions which were less symptomatic or asymptomatic prior to the accident,
and as a result of the subject accident were aggravated or exacerbated; in the alternative
or in addition the plaintiff had degenerative disc disease and / or arthritis and/or tears
which were less symptomatic or asymptomatic prior to the accident and was exacerbated
or aggravated as a result of the accident; in addition the plaintiff had such congenital
malformation as it/they existed prior to the accident which was less symptomatic or
asymptomatic prior to the accident and was exacerbated or aggravated as a result of the
accident.
"54"
55. Please refer to paragraph incorporated by reference.
56. Please refer to discovery response being served simultaneously.
"54"
57. Please refer to paragraph incorporated by reference.
58. Plaintiff was confined to bed and home for approximately four months as a result of this
accident.
59. Plaintiff was treated in the emergency room at Coney Island Hospital Center, 2601 Ocean
Parkway, Brooklyn, NY 11235.
60. Plaintiff was disabled for approximately four months as a result of this accident.
61. Plaintiff was disabled for approximately four months as a result of this accident.
62. Please be advised that Plaintiff medical expenses and/or lost wages were partially and/or
fully paid for by New York State Insurance Fund, 199 church Street, New York, NY
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
10007, claim #: 71612139-308, and which maintains a statutory lien in this matter in the
amount of $563.81 to date and continuing for medical benefits and indemnity in the
approximate amount of $4,704.00 to date and continuing. Authorization for all billsbeing
served simultaneously. Plaintiff reserves the right to prove the actual amounts billed at
trial. It isanticipated that Plaintiff will sustain substantial future medical costs and
expenses related to the accident/incident, including if applicable life time care. Plaintiff
claims future economic loss for medical care and treatment as shall be set forth in any life
care plan or economist's report to be served in the future if applicable.
Plaintiff sustained lost earnings from January 11, 2018 to April, 2018 in the
approximate amount of $600 a week.
"62"
63. Please refer to paragraph incorporated by reference.
64. Improper demand for a billof particulars. At the time of the accident Plaitniff was
employed by Gilmar Design Corp., 2122 E. 13 Street,#2, Brooklyn, New York, 11229.
65. Improper demand for a billof particulars.
66. Not applicable.
67. Not applicable.
68. Improper demand for bill of particulars.
69. Improper demand for bill of particulars.
70. Plaintiff respectfully request that this Court take judicial notice of all statutes, rules, laws
and/or ordinances violated by the defendants herein. More specifically, the defendants,
their agents, servants and/or employees violated Sections 200, 240, 240(1), 240(2), 241
and 241(6) of the Labor Law of the State of New York; as well as the following sections
of Rule 23 of the Industrial Code of the State of New York (12NYCRR23) including but
FILED: KINGS COUNTY. CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
not limited to: 12 NYCRR 23-1.4; 12 NYCRR 23-1.5(c)(1)-(3); 12 NYCRR 23-1.7(a)
12 NYCRR 12 NYCRR 12 NYCRR 23-
(b), (d), (e)(1)-(2); 23-1.8(c); 23-1.11(a), (c);
1.12(c); 12 NYCRR 23-1.13(b)(1-5, 8); (c); 12 NYCRR 23-1.15; 12 NYCRR 23-1.16 (a),
(b), (c), (d), (e), (0; 12 NYCRR 23-1.17 (b) (c) (e); 12 NYCRR 23-1.18(b)(1)-(3), (c); 12
NYCRR 23-1.19; 12 NYCRR 23-1.20(a-d); 12 NYCRR 23-1.21(b)(1)-(10), (d),
(e)(2),(3),(5); 12 NYCRR 23-1.22; 12 NYCRR 23-1.23; 12 NYCRR 23-1.24(a)-(c); 12
NYCRR 12 NYCRR 12 NYCRR 12 NYCRR 23-
23-1.25(a)-(0; 23-1.27; 23-1.28(a)-(e);
12 NYCRR 12 NYCRR 12 NYCRR 23-2.3(a)-
1.30; 23-2.1(a)(1),(2), (b); 23-2.2(a)-(e);
(e); 12 NYCRR 23-2.4; 12 NYCRR 23-2.5(a)(1-2), (b)(1-6); 12 NYCRR 23-2.6; 12
NYCRR 23-2.7; 12 NYCRR 23-3.2(a)(1-3), (b); 12 NYCRR 23-3.3(b)(2-5), (c), (d),
(e)(1-3), (0, (g), (h), (i), (j),(k), (1),(m); 12 NYCRR 23-3.4; 12 NYCRR 23-4.1(a-b); 12
NYCRR 12 NYCRR 12 NYCRR 12 NYCRR 23-
23-4.2(a)-(1); 23-4.3; 23-4.4(a)-(i);
5.1(b), (c), (d), (e), (0, (g), (h), (i),(j), (k); 12 NYCRR 23-5.3(c), (d), (e), (0, (g),(h); 12
NYCRR 23-5.4(a), (b), (c), (d), (e),(0; 12 NYCRR 23-5.5(a), (b), (c),(d), (e)(1)-(6), (f),
(g), (h); 12 NYCRR 23-5.6(a), (b), (c),(d), (e), (0, (g); 12 NYCRR 23-5.7; 12 NYCRR
23-5.8(a), (b), (c),(d), (e), (0, (g), (h); 12 NYCRR 23-5.9(a), (b), (c), (d), (e), (0, (g); 12
NYCRR 23-5.10(a)(1)-(6), (b)(1)-(6), (c), (d), (e), (0; 12 NYCRR 23-5.11(a), (b), (c),
(d); 12 NYCRR 23-5.12; 12 NYCRR 23-5.13; 12 NYCRR 23-5.14; 12 NYCRR 23-5.15;
12 NYCRR 23-5.16; 12 NYCRR 5.17(b), (c); 12 NYCRR 23-5.18(a), (b), (c),(d), (e),
(0, (g), (h), (i); 12 NYCRR 23-5.19;. 12 NYCRR 23-5.20; 12 NYCRR 23-5.21; 12
NYCRR 12 NYCRR 12 NYCRR 12 NYCRR 23-
23-5-22; 23-6.1(b)-(k); 23-6.2(a)-(d);
6.3; 12 NYCRR 23-7.1; 12 NYCRR 23-7.2; 12 NYCRR 23-8.1; 12 NYCRR 23-8.2; 12
NYCRR 23-8.3; 12 NYCRR 23-9.2; 12 NYCRR 23-9.2(a)-(i); 12 NYCRR 23-9.4; 12
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
NYCRR 23-9.5; 12 NYCRR 23-9.6; 12 NYCRR 23-9.7; 12 NYCRR 23-9.8; 12 NYCRR
23-9.9; 12 NYCRR 23-9.10; 12 NYCRR 23-9.11. The plaintiff reserves his right to
amend this response, and requests the Court take judicial notice of all statutes applicable
hereto.
71. Plaintiff respectfully request that this Court take judicial notice of all statutes, rules, laws
and/or ordinances violated by the defendants herein. More specifically, the defendants,
their agents, servants and/or employees violated Sections 200, 240, 240(1), 240(2), 241
and 241(6) of the Labor Law of the State of New York; as well as the following sections
of Rule 23 of the Industrial Code of the State of New York (12NYCRR23) including but
not limited to: 12 NYCRR 23-1.4; 12 NYCRR 23-1.5(c)(1)-(3); 12 NYCRR 23-1.7(a)
12 NYCRR 12 NYCRR 12 NYCRR 23-
(b), (d), (e)(1)-(2); 23-1.8(c); 23-1.11(a), (c);
1.12(c); 12 NYCRR 23-1.13(b)(1-5, 8); (c); 12 NYCRR 23-1.15; 12 NYCRR 23-1.16 (a),
(b), (c), (d), (e), (0; 12 NYCRR 23-1.17 (b) (c) (e); 12 NYCRR 23-1.18(b)(1)-(3), (c); 12
NYCRR 23-1.19; 12 NYCRR 23-1.20(a-d); 12 NYCRR 23-1.21(b)(1)-(10), (d),
(e)(2),(3),(5); 12 NYCRR 23-1.22; 12 NYCRR 23-1.23; 12 NYCRR 23-1.24(a)-(c); 12
NYCRR 12 NYCRR 12 NYCRR 12 NYCRR 23-
23-1.25(a)-(0; 23-1.27; 23-1.28(a)-(e);
12 NYCRR 12 NYCRR 12 NYCRR 23-2.3(a)-
1.30; 23-2.1(a)(1),(2), (b); 23-2.2(a)-(e);
(e); 12 NYCRR 23-2.4; 12 NYCRR 23-2.5(a)(1-2), (b)(1-6); 12 NYCRR 23-2.6; 12
NYCRR 23-2.7; 12 NYCRR 23-3.2(a)(1-3), (b); 12 NYCRR 23-3.3(b)(2-5), (c),(d),
(e)(1-3), (0, (g), (h), (i), (j),(k), (1),(m); 12 NYCRR 23-3.4; 12 NYCRR 23-4.1(a-b); 12
NYCRR 12 NYCRR 12 NYCRR 12 NYCRR 23-
23-4.2(a)-(1); 23-4.3; 23-4.4(a)-(i);
5.1(b), (c),(d), (e), (0, (g), (h), (i),(j),(k); 12 NYCRR 23-5.3(c), (d), (e), (f),(g), (h); 12
NYCRR 23-5.4(a), (b), (c),(d), (e), (0; 12 NYCRR 23-5.5(a), (b), (c), (d), (e)(1)-(6), (0,
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
(g), (h); 12 NYCRR 23-5.6(a), (b), (c), (d), (e), (f),(g); 12 NYCRR 23-5.7; 12 NYCRR
23-5.8(a), (b), (c), (d), (e), (f),(g), (h); 12 NYCRR 23-5.9(a), (b), (c), (d), (e),(f), (g); 12
NYCRR 23-5.10(a)(1)-(6), (b)(1)-(6), (c),(d), (e),(f); 12 NYCRR 23-5.11(a), (b), (c),
(d); 12 NYCRR 23-5.12; 12 NYCRR 23-5.13; 12 NYCRR 23-5.14; 12 NYCRR 23-5.15;
12 NYCRR 23-5.16; 12 NYCRR 5.17(b), (c); 12 NYCRR 23-5.18(a), (b), (c), (d), (e),
(f), (g), (h), (i);12 NYCRR 23-5.19;. 12 NYCRR 23-5.20; 12 NYCRR 23-5.21; 12
NYCRR 12 NYCRR 12 NYCRR 12 NYCRR 23-
23-5-22; 23-6.1(b)-(k); 23-6.2(a)-(d);
6.3; 12 NYCRR 23-7.1; 12 NYCRR 23-7.2; 12 NYCRR 23-8.1; 12 NYCRR 23-8.2; 12
NYCRR 23-8.3; 12 NYCRR 23-9.2; 12 NYCRR 23-9.2(a)-(i); 12 NYCRR 23-9.4; 12
NYCRR 23-9.5; 12 NYCRR 23-9.6; 12 NYCRR 23-9.7; 12 NYCRR 23-9.8; 12 NYCRR
23-9.9; 12 NYCRR 23-9.10; 12 NYCRR 23-9.11. The plaintiff reserves his right to
amend this response, and requests the Court take judicial notice of all statutes applicable
hereto.
72. Not applicable.
"8"
73. Please refer to paragraph incorporated by reference.
74. Not applicable.
PLEASE TAKE NOTICE, The Plaintiff reserves the right to add to, amend, revise,
and/or supplement this Bill of Particulars pursuant to the CPLR.
Dated: Bronx, New York
January 22, 2019
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
Y urs, c.
J COB S , ES
O SK & ASSOCIATES, PLLC
Atto eys for Plaintiff
Antonio Espinosa
149 East 149th Street
Bronx, New York 10451
718-993-9999
Our File No. 18-1005
TO: Havkins Rosenfeld Ritzert & Varriale, LLP
Attorney For: Royal Home Improvements, Inc.
114 Old Country Road, Suite 300
Mineola, NY 11501
Phone: (516) 620-1700
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
ATTORNEY'S VERIFICATION
JACOB ORESKY, an attorney duly admitted to practice before the Courts of the State of
New York, affirms the following to be true under the penalties of perjury: I am an attorney at
ORESKY & ASSOCIATES, PLLC, attorneys of record for Plaintiff, ANTONIO ESPINOSA. I
have read the annexed BILL OF PARTICULARS and know the contents thereof, and the same
are true to my knowledge, except those matters therein which are stated to be alleged upon
information and belief, and as to those matters I believe them to be true. My belief, as to those
matters therein not stated upon knowledge, is based upon facts, records, and other pertinent
information contained in my files.
This verification is made by me because Plaintiff is not presently in the county wherein, I
maintain my offices.
DATED: Bronx, New York
January 22, 2019
COB ESKY, Q.
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK
SS:
COUNTY OF BRONX
Melissa Peralta being duly sworn, deposes and says:
I am over 18 years of age, I am not a party to the action, and I reside in Queens
County in the State of New York.
I served a true copy of the annexed
VERIFIED BILL OF PARTICULARS
on January 23, 2019
by mailing the same in a sealed envelope, with postage prepaid thereon, in a post
office or official depository of the U.S. Postal Service within the State of New York, addressed
to the last known address of the addressee as indicated below:
Havkins Rosenfeld Ritzert & Varriale, LLP
Attorney For: Mac 60 LLC and Royal Home Imp ovements, Inc
114 Old Country Road, Suite 300
Mineola, NY 11501
M issa Peralta
wor t before me January 23, 019
Nota y I uble
YUSMERIS LAPE
NotaryPublic, State of New York
No. 01LA6163730
Oualified
in Oueens County
Commission Expires April 2, 2019
FILED: KINGS COUNTY CLERK 12/13/2022 01:04 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 12/13/2022
Index No. 515277/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ANTONIO ESPINOSA
Plaintiff,
-against-
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC.
Defendant(s).
VERIFIED BILL OF PARTICULARS
ORESKY & ASSOCIATES, PLLC
Attorneys for Plaintiff
Antonio Espinosa
149 East 149th Street
Bronx, New York,10451
718-993-9999