Preview
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 01/13/2023
EXHIBIT A
FILED: KINGS COUNTY CLERK 01/09/2023
01/13/2023 10:58
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PM INDEX NO. 526100/2020
NYSCEF DOC. NO. 80
84 RECEIVED NYSCEF: 01/09/2023
01/13/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NAQUAWN McINTOSH, Index No. 526100/2020
Plaintiff,
VERIFIED BILL OF
-against- PARTICULARS
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
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322 GATES LLC,
Third-Party Plaintiff,
-against
EXCELLENT INTERIORS INC.,
Third-Party Defendant.
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Plaintiff, by his attorneys, ASHER & ASSOCIATES, P.C., in response to Third-Party
Defendant, EXCELLENT INTERIORS INC., for a Verified Bill of Particulars, alleges, upon
information and belief, as follows:
1. The incident herein occurred on April 13, 2018, at or about 4:00 p.m.
2. (a) The incident herein occurred at the premises located at 322 Gates Avenue,
Brooklyn, New York.
(b) Plaintiff objects to the demand for permit ready identification and location,
as it is evidentiary in nature and an improper demand for the Verified Bill of Particulars.
Moreover, this demand is beyond the scope of C.P.L.R. §3043 and is more appropriately
addressed at the time of depositions.
(c) Stairway: Not applicable.
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(d) Sidewalk: Not applicable.
(e) Other floor or other surface: To be provided, if applicable.
(f) Involved equipment, part or appurtenance: To be provided, if applicable.
(g) Elevator: Not applicable.
3. That the said accident and the injuries and damages to the plaintiff resulting there
from were caused solely and wholly by reason of the negligence, carelessness and recklessness of
the third-party defendant, its agents, servants, employees and/or licensees in the ownership,
operation, control management and maintenance of said premises in that they caused, permitted
and/or allowed said premises to be, become and remain in a defective, dangerous and hazardous
condition and to be so maintained as to prevent safe use of said premises by plaintiff; in failing to
make timely, adequate and proper inspections of the conditions of said premises; in failing to
employ adequate and competent personnel to inspect, maintain and/or repair said premises; in
failing to provide the proper safety equipment to the plaintiff; in failing to provide hoists to the
plaintiff; in failing to train plaintiff and/or improperly train plaintiff; in failing to properly alter the
aforementioned premises; in failing to provide stays, ladders, slings, hangers, blocks, pulleys,
braces, irons, ropes and other devices as to give proper protection to a person so employed; in
failing to construct, place and/or operate stays, ladders, slings, hangers, blocks, pulleys, braces,
irons, ropes and other devices as to give proper protection to a person so employed; in failing to
provide a work area in which construction, excavation and/or renovation is performed so as to be
constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable
and adequate protection and safety to the persons employed therein; in creating and maintaining a
menace, hazard, nuisance and trap thereat; in failing to place signs, barricades warnings and/or
other devices to apprise persons of the dangerous, unsafe condition thereat; in failing to properly
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maintain said premises and in improperly maintaining said premises; and in generally being
negligent and reckless in said premises; in failing to secure said premises so as not to cause injuries
to plaintiff, all in violation of the laws, statutes, ordinances and regulations made and provided for
the safe and proper operation, ownership, maintenance and control of said premises. Plaintiff
further relies upon the doctrine Res Ipsa Loquitur.
4. Plaintiff will claim that the defective condition was that the defendants failed to
furnish plaintiff with proper equipment, safety belts, harness, and other devices, which were to be
constructed, placed and operated so as to give a proper protection to plaintiff.
5. Actual and constructive notices are not required.
6. Actual notice is not required.
7. Constructive notice is not required.
8. Agreement, bailment, contract, lease, permit or warranty: Not applicable.
10. Strict liability: Improper Demand for a Bill of Particulars as it is beyond the scope
of C.P.L.R. §3043.
11. This Court will take judicial notice of the applicable law, ordinances, statutes and
common law claimed to have been violated by the defendant. Upon information and belief,
defendant violated Labor Law Section 200, Labor Law Section 240(1), Labor Law Section 241-a,
Labor Law Section 241(6), among other laws. More specifically, defendant violated 12 NYCRR
23-1.21(b)(4)(i), 12 NYCRR 23-1.21(b) (4)(ii), 21(4)(v), 12NYCRR23-1.16, 12NYCRR21-D(2),
12NYCRR23-1.21(4). Plaintiff reserves the right to supplement this response upon completion of
depositions.
12. Section 200: Improper Demand for a Bill of Particulars as it is beyond the scope of
C.P.L.R. §3043.
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13. Section 240(1): Improper Demand for a Bill of Particulars as it is beyond the scope
of C.P.L.R. §3043.
14. Section 241(6): Improper Demand for a Bill of Particulars as it is beyond the scope
of C.P.L.R. §3043.
15. Section 241-a: Improper Demand for a Bill of Particulars as it is beyond the scope
of C.P.L.R. §3043.
16. Nuisance and/or trespass: Improper Demand for a Bill of Particulars as it is beyond
the scope of C.P.L.R. §3043.
17. Basis of Res Ipsa Loquitur: Improper Demand for a Bill of Particulars as it is
beyond the scope of C.P.L.R. §3043.
18. See response to number “11” above.
19. As a result of the negligence of the third-Party Defendants, Plaintiff was caused to
sustain the following injuries:
LEFT ELBOW/HAND
• DISPLACED INTRA-ARTICULAR FRACTURE OF THE CORONOID
PROCESS OF THE ULNA
• LARGE ELBOW JOINT EFFUSION HEMARTHROSIS
• SWELLING TO LEFT 4TH FINGER
• MILD NUMBNESS ON THE LEFT 4TH FINGER
• TENDERNESS AT THE RADIAL HEAD
• DECREASED RANGE OF MOTION OF THE LEFT ELBOW
• SEVERE PAIN AND TENDERNESS
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As a result of the foregoing the Plaintiff suffers from severe pain, swelling and
tenderness of the left elbow resulting in loss of strength, loss of function, loss of motion,
restrictions of movement, all with involvement of the surrounding soft tissue, nerve endings, blood
vessels, muscles, tendons and ligaments with resulting pain, deformity, disability and inability to
participate in his daily vocation and avocational activities.
Plaintiff's social, recreational, family and home life has been impaired.
All of the aforementioned injuries, manifestations and disabilities are associated
with further soft tissue injury 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, and soft tissue, all concomitant to the many portions
mentioned herein above, with resultant pain, deformity and disability, stiffness, tenderness,
weakness and partial restriction and limitation of motion and pain on motion and loss of use of the
abovementioned parts, atrophy, and all have substantially prevented this Plaintiff from enjoying
the normal fruit of activities has been permanently impaired, impeded and/or destroyed.
Upon information and belief, these injuries aggravated, activated and/or
precipitated any underlying hypertrophic, degenerative, arthritic, circulatory, arterial, venous or
systemic condition, which was asymptomatic prior to the incident, complained of.
Upon information and belief, the aforesaid injuries and their natural sequelae,
except for those of a superficial nature, are permanent and lasting in their nature and character with
permanent residual effects of pain, loss of motion, disability and loss of proper use.
The Plaintiff has been informed and believes that the foregoing injuries are
permanent in their effects upon his physical wellbeing.
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As a result of his injuries, Plaintiff was treated at Interfaith Medical Center located
at 1545 Atlantic Avenue, Brooklyn, New York 11213.
a) It is impossible to state with reasonable certainty an exact division of time he
was actually confined to bed alone, except to state that there were periods of bed confinement,
except for visits for necessary medical aid, treatment and attention.
b) It is impossible to state with reasonable certainty an exact division of time he
was actually confined to home alone, except to state that there were periods of home confinement,
except for visits for necessary medical aid, treatment and attention.
c) Plaintiff was confined to the Interfaith Medical Center, 1545 Atlantic
Avenue Brooklyn, New York 11213 on April 16, 2018.
20. (a) Plaintiff objects to the demand for a date of birth and social security number as
privileged, as an interrogatory, as not designed to amplify the pleadings. In addition, due to filing
and identity theft we cannot disclose this information. (See, for instance, In re: The August 2, 2004
Amendment to the E-government Act of 2002, Administrative Order 2004-09, Chief Judge
Edward R. Korman, dated October 2004, United States District Court, Eastern District of New
York), which prohibits the disclosure of dates of birth in documents likely to be filed either
electronically or in paper form. Without waving said objection, Plaintiff’s date of birth and last 4
digits of the social security number can be obtained in Plaintiff’s HIPAA and at Plaintiff’s
deposition.
Plaintiff objects to the demand for Place of birth as itis evidentiary in nature and an
improper demand for the Verified Bill of Particulars. Moreover, this demand is beyond the scope
of C.P.L.R. §3043 and is more appropriately addressed at the time of depositions.
Married woman: Not applicable.
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(b)-(c) Plaintiff was working as a Helper for Exterminations at Foster Equites,
633 Marlborough Road, Brooklyn, New York 11226 at the time of the accident.
(d) Weekly and yearly wages: $1,100.00.
(e) Self-employed: Not applicable.
(f) Plaintiff was incapacitated from his employment from the date of accident
to September, 2021.
(g) School: Not applicable.
22. As a result of the within occurrence and injuries sustained, Plaintiff claims the
following special damages which are approximate to date and continuing:
(a) Hospital, clinic or other medical institutions' expenses; $3,50000
(b) X-rays: Included in “a” above.
(c) Physicians' services: Included in “a” above.
(d) Nurses' services: Included in “a” above.
(e) Medical supplies: Not applicable.
(f) Loss of earnings: To be provided.
(g) Other special damages: Not applicable.
23. Plaintiff resides at 112-20 Dillon Street, PH, Queens, New York 11433 and resided
at 1199 Eastern Parkway, Apt. 10B, Brooklyn, NY 11213 at the time of the accident.
PLEASE TAKE FURTHER NOTICE, that Plaintiff reserves the right to amend and/or
supplement the above responses up to and including the time of trial.
Dated: New York, New York
January 9, 2023
Yours, etc.
_ Ryan H. Asher_
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By: RYAN H. ASHER, ESQ.
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, Fourteenth Floor
New York, New York 10038
(212) 227-5000
TO: LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Third-Party Defendant
EXCELLENT INTERIORS, INC.
990 Stewart Avenue - Suite 400
Garden City, New York 11530
Phone: (516) 493-4501
Matter No.: 22-008320
WOOD SMITH HENNING & BERMAN LLP
Attorneys for Defendant
AIRITAN MANAGEMENT CORP.
685 Third Avenue, 18th Floor
New York, New York 10017
(212) 999-7105
File No.: 11107-0064
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Attorneys for Defendant/Third-Party Plaintiff
322 GATES LLC
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
(914) 347-2600
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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NAQUAWN McINTOSH, Index No.: 526100/2020
Plaintiff,
ATTORNEY'S
-against- VERIFICATION
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
---------------------------------------------------------------------X
322 GATES LLC,
Third-Party Plaintiff,
-against
EXCELLENT INTERIORS INC.,
Third-Party Defendant.
---------------------------------------------------------------------X
RYAN H. ASHER, an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the plaintiff.
I have read the foregoing Bill of Particulars and know the contents thereof; the same is true
to my own knowledge except as to the matters therein stated to be alleged on information and
belief and that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because he is not in the
COUNTY OF KINGS, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspondence had with the said plaintiff, information contained in the said plaintiff's file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
January 9, 2023
_ Ryan H. Asher_
RYAN H. ASHER, ESQ.
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AFFIRMATION OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF KINGS )
RYAN H. ASHER, an attorney admitted to practice law in good standing in the State of
New York, affirm as follows:
I affirm under the penalties of perjury I am an attorney duly admitted to practice law in the
State of New York and am not a party to the action and affirm:
That on January 9, 2023, I served PLAINTIFF’S VERIFIED BILL OF
PARTICULARS, RESPONSE TO DEFENDANT’S COMBINED DISCOVERY
DEMANDS, DEMAND FOR BP AS TO AFFIRMATIVE DEFENSES, DEMAND FOR
DOCUMENTS, NOTICE DECLINING SERVICE BY FACSIMILE, NOTICE OF
DEPOSITION, PLAINTIFF’S COMBINED DISCOVERY DEMANDS, and DEMAND
PURSUANT TO NEW YORK STATE COMPREHENSIVE INSURANCE DISCLOSURE
ACT upon the following attorney(s), who have each filed a consent to participation in e-filing with
the NYSCEF (New York State Courts Electronic Filing) website at the e-mail addresses designated
by said party:
LAW OFFICES OF KEVIN P. WESTERMAN
990 Stewart Avenue- Suite 400
Garden City, New York 11530
WOOD SMITH HENNING & BERMAN LLP
685 Third Avenue, 18th Floor
New York, New York 10017
TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP
Mid-Westchester Executive Park
Seven Skyline Drive
Hawthorne, New York 10532
Ryan H. Asher
RYAN H. ASHER
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Index No. 526100/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NAQUAWN McINTOSH,
Plaintiff,
-against-
322 GATES LLC and AIRITAN MANAGEMENT CORP.,
Defendants.
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322 GATES LLC,
Third-Party Plaintiff,
-against
EXCELLENT INTERIORS INC.,
Third-Party Defendant.
VERIFIED BILL OF PARTICULARS
ASHER & ASSOCIATES, P.C.
Attorneys for Plaintiff
111 John Street, 14th Floor
New York, New York 10038
(212) 227-5000
ATTORNEY’S CERTIFICATION. Upon reasonable inquiry under the circumstances, I certify that the
presentation of these papers or contentions therein is made in good faith and is not frivolous.
Dated: New York New York
January 9, 2023 _ Ryan H. Asher_
RYAN H. ASHER, ESQ.
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Preview
FILED: KINGS COUNTY CLERK 01/13/2023 02:23 PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 84 RECEIVED NYSCEF: 01/13/2023 EXHIBIT A FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X NAQUAWN McINTOSH, Index No. 526100/2020 Plaintiff, VERIFIED BILL OF -against- PARTICULARS 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. ----------------------------------------------------------------------X 322 GATES LLC, Third-Party Plaintiff, -against EXCELLENT INTERIORS INC., Third-Party Defendant. ----------------------------------------------------------------------X Plaintiff, by his attorneys, ASHER & ASSOCIATES, P.C., in response to Third-Party Defendant, EXCELLENT INTERIORS INC., for a Verified Bill of Particulars, alleges, upon information and belief, as follows: 1. The incident herein occurred on April 13, 2018, at or about 4:00 p.m. 2. (a) The incident herein occurred at the premises located at 322 Gates Avenue, Brooklyn, New York. (b) Plaintiff objects to the demand for permit ready identification and location, as it is evidentiary in nature and an improper demand for the Verified Bill of Particulars. Moreover, this demand is beyond the scope of C.P.L.R. §3043 and is more appropriately addressed at the time of depositions. (c) Stairway: Not applicable. 1 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 (d) Sidewalk: Not applicable. (e) Other floor or other surface: To be provided, if applicable. (f) Involved equipment, part or appurtenance: To be provided, if applicable. (g) Elevator: Not applicable. 3. That the said accident and the injuries and damages to the plaintiff resulting there from were caused solely and wholly by reason of the negligence, carelessness and recklessness of the third-party defendant, its agents, servants, employees and/or licensees in the ownership, operation, control management and maintenance of said premises in that they caused, permitted and/or allowed said premises to be, become and remain in a defective, dangerous and hazardous condition and to be so maintained as to prevent safe use of said premises by plaintiff; in failing to make timely, adequate and proper inspections of the conditions of said premises; in failing to employ adequate and competent personnel to inspect, maintain and/or repair said premises; in failing to provide the proper safety equipment to the plaintiff; in failing to provide hoists to the plaintiff; in failing to train plaintiff and/or improperly train plaintiff; in failing to properly alter the aforementioned premises; in failing to provide stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices as to give proper protection to a person so employed; in failing to construct, place and/or operate stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices as to give proper protection to a person so employed; in failing to provide a work area in which construction, excavation and/or renovation is performed so as to be constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein; in creating and maintaining a menace, hazard, nuisance and trap thereat; in failing to place signs, barricades warnings and/or other devices to apprise persons of the dangerous, unsafe condition thereat; in failing to properly 2 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 maintain said premises and in improperly maintaining said premises; and in generally being negligent and reckless in said premises; in failing to secure said premises so as not to cause injuries to plaintiff, all in violation of the laws, statutes, ordinances and regulations made and provided for the safe and proper operation, ownership, maintenance and control of said premises. Plaintiff further relies upon the doctrine Res Ipsa Loquitur. 4. Plaintiff will claim that the defective condition was that the defendants failed to furnish plaintiff with proper equipment, safety belts, harness, and other devices, which were to be constructed, placed and operated so as to give a proper protection to plaintiff. 5. Actual and constructive notices are not required. 6. Actual notice is not required. 7. Constructive notice is not required. 8. Agreement, bailment, contract, lease, permit or warranty: Not applicable. 10. Strict liability: Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 11. This Court will take judicial notice of the applicable law, ordinances, statutes and common law claimed to have been violated by the defendant. Upon information and belief, defendant violated Labor Law Section 200, Labor Law Section 240(1), Labor Law Section 241-a, Labor Law Section 241(6), among other laws. More specifically, defendant violated 12 NYCRR 23-1.21(b)(4)(i), 12 NYCRR 23-1.21(b) (4)(ii), 21(4)(v), 12NYCRR23-1.16, 12NYCRR21-D(2), 12NYCRR23-1.21(4). Plaintiff reserves the right to supplement this response upon completion of depositions. 12. Section 200: Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 3 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 13. Section 240(1): Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 14. Section 241(6): Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 15. Section 241-a: Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 16. Nuisance and/or trespass: Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 17. Basis of Res Ipsa Loquitur: Improper Demand for a Bill of Particulars as it is beyond the scope of C.P.L.R. §3043. 18. See response to number “11” above. 19. As a result of the negligence of the third-Party Defendants, Plaintiff was caused to sustain the following injuries: LEFT ELBOW/HAND • DISPLACED INTRA-ARTICULAR FRACTURE OF THE CORONOID PROCESS OF THE ULNA • LARGE ELBOW JOINT EFFUSION HEMARTHROSIS • SWELLING TO LEFT 4TH FINGER • MILD NUMBNESS ON THE LEFT 4TH FINGER • TENDERNESS AT THE RADIAL HEAD • DECREASED RANGE OF MOTION OF THE LEFT ELBOW • SEVERE PAIN AND TENDERNESS 4 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 As a result of the foregoing the Plaintiff suffers from severe pain, swelling and tenderness of the left elbow resulting in loss of strength, loss of function, loss of motion, restrictions of movement, all with involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments with resulting pain, deformity, disability and inability to participate in his daily vocation and avocational activities. Plaintiff's social, recreational, family and home life has been impaired. All of the aforementioned injuries, manifestations and disabilities are associated with further soft tissue injury 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, and soft tissue, all concomitant to the many portions mentioned herein above, with resultant pain, deformity and disability, stiffness, tenderness, weakness and partial restriction and limitation of motion and pain on motion and loss of use of the abovementioned parts, atrophy, and all have substantially prevented this Plaintiff from enjoying the normal fruit of activities has been permanently impaired, impeded and/or destroyed. Upon information and belief, these injuries aggravated, activated and/or precipitated any underlying hypertrophic, degenerative, arthritic, circulatory, arterial, venous or systemic condition, which was asymptomatic prior to the incident, complained of. Upon information and belief, the aforesaid injuries and their natural sequelae, except for those of a superficial nature, are permanent and lasting in their nature and character with permanent residual effects of pain, loss of motion, disability and loss of proper use. The Plaintiff has been informed and believes that the foregoing injuries are permanent in their effects upon his physical wellbeing. 5 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 As a result of his injuries, Plaintiff was treated at Interfaith Medical Center located at 1545 Atlantic Avenue, Brooklyn, New York 11213. a) It is impossible to state with reasonable certainty an exact division of time he was actually confined to bed alone, except to state that there were periods of bed confinement, except for visits for necessary medical aid, treatment and attention. b) It is impossible to state with reasonable certainty an exact division of time he was actually confined to home alone, except to state that there were periods of home confinement, except for visits for necessary medical aid, treatment and attention. c) Plaintiff was confined to the Interfaith Medical Center, 1545 Atlantic Avenue Brooklyn, New York 11213 on April 16, 2018. 20. (a) Plaintiff objects to the demand for a date of birth and social security number as privileged, as an interrogatory, as not designed to amplify the pleadings. In addition, due to filing and identity theft we cannot disclose this information. (See, for instance, In re: The August 2, 2004 Amendment to the E-government Act of 2002, Administrative Order 2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court, Eastern District of New York), which prohibits the disclosure of dates of birth in documents likely to be filed either electronically or in paper form. Without waving said objection, Plaintiff’s date of birth and last 4 digits of the social security number can be obtained in Plaintiff’s HIPAA and at Plaintiff’s deposition. Plaintiff objects to the demand for Place of birth as itis evidentiary in nature and an improper demand for the Verified Bill of Particulars. Moreover, this demand is beyond the scope of C.P.L.R. §3043 and is more appropriately addressed at the time of depositions. Married woman: Not applicable. 6 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 (b)-(c) Plaintiff was working as a Helper for Exterminations at Foster Equites, 633 Marlborough Road, Brooklyn, New York 11226 at the time of the accident. (d) Weekly and yearly wages: $1,100.00. (e) Self-employed: Not applicable. (f) Plaintiff was incapacitated from his employment from the date of accident to September, 2021. (g) School: Not applicable. 22. As a result of the within occurrence and injuries sustained, Plaintiff claims the following special damages which are approximate to date and continuing: (a) Hospital, clinic or other medical institutions' expenses; $3,50000 (b) X-rays: Included in “a” above. (c) Physicians' services: Included in “a” above. (d) Nurses' services: Included in “a” above. (e) Medical supplies: Not applicable. (f) Loss of earnings: To be provided. (g) Other special damages: Not applicable. 23. Plaintiff resides at 112-20 Dillon Street, PH, Queens, New York 11433 and resided at 1199 Eastern Parkway, Apt. 10B, Brooklyn, NY 11213 at the time of the accident. PLEASE TAKE FURTHER NOTICE, that Plaintiff reserves the right to amend and/or supplement the above responses up to and including the time of trial. Dated: New York, New York January 9, 2023 Yours, etc. _ Ryan H. Asher_ 7 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 By: RYAN H. ASHER, ESQ. ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, Fourteenth Floor New York, New York 10038 (212) 227-5000 TO: LAW OFFICES OF KEVIN P. WESTERMAN Attorneys for Third-Party Defendant EXCELLENT INTERIORS, INC. 990 Stewart Avenue - Suite 400 Garden City, New York 11530 Phone: (516) 493-4501 Matter No.: 22-008320 WOOD SMITH HENNING & BERMAN LLP Attorneys for Defendant AIRITAN MANAGEMENT CORP. 685 Third Avenue, 18th Floor New York, New York 10017 (212) 999-7105 File No.: 11107-0064 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Attorneys for Defendant/Third-Party Plaintiff 322 GATES LLC Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 (914) 347-2600 8 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X NAQUAWN McINTOSH, Index No.: 526100/2020 Plaintiff, ATTORNEY'S -against- VERIFICATION 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. ---------------------------------------------------------------------X 322 GATES LLC, Third-Party Plaintiff, -against EXCELLENT INTERIORS INC., Third-Party Defendant. ---------------------------------------------------------------------X RYAN H. ASHER, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am of the firm of ASHER & ASSOCIATES, P.C., the attorneys of record for the plaintiff. I have read the foregoing Bill of Particulars and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he is not in the COUNTY OF KINGS, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspondence had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York January 9, 2023 _ Ryan H. Asher_ RYAN H. ASHER, ESQ. 9 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 AFFIRMATION OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF KINGS ) RYAN H. ASHER, an attorney admitted to practice law in good standing in the State of New York, affirm as follows: I affirm under the penalties of perjury I am an attorney duly admitted to practice law in the State of New York and am not a party to the action and affirm: That on January 9, 2023, I served PLAINTIFF’S VERIFIED BILL OF PARTICULARS, RESPONSE TO DEFENDANT’S COMBINED DISCOVERY DEMANDS, DEMAND FOR BP AS TO AFFIRMATIVE DEFENSES, DEMAND FOR DOCUMENTS, NOTICE DECLINING SERVICE BY FACSIMILE, NOTICE OF DEPOSITION, PLAINTIFF’S COMBINED DISCOVERY DEMANDS, and DEMAND PURSUANT TO NEW YORK STATE COMPREHENSIVE INSURANCE DISCLOSURE ACT upon the following attorney(s), who have each filed a consent to participation in e-filing with the NYSCEF (New York State Courts Electronic Filing) website at the e-mail addresses designated by said party: LAW OFFICES OF KEVIN P. WESTERMAN 990 Stewart Avenue- Suite 400 Garden City, New York 11530 WOOD SMITH HENNING & BERMAN LLP 685 Third Avenue, 18th Floor New York, New York 10017 TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, New York 10532 Ryan H. Asher RYAN H. ASHER 10 of 11 FILED: KINGS COUNTY CLERK 01/09/2023 01/13/2023 10:58 02:23 AM PM INDEX NO. 526100/2020 NYSCEF DOC. NO. 80 84 RECEIVED NYSCEF: 01/09/2023 01/13/2023 Index No. 526100/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NAQUAWN McINTOSH, Plaintiff, -against- 322 GATES LLC and AIRITAN MANAGEMENT CORP., Defendants. -------------------------------------------------------------------------------------------------------------------- 322 GATES LLC, Third-Party Plaintiff, -against EXCELLENT INTERIORS INC., Third-Party Defendant. VERIFIED BILL OF PARTICULARS ASHER & ASSOCIATES, P.C. Attorneys for Plaintiff 111 John Street, 14th Floor New York, New York 10038 (212) 227-5000 ATTORNEY’S CERTIFICATION. Upon reasonable inquiry under the circumstances, I certify that the presentation of these papers or contentions therein is made in good faith and is not frivolous. Dated: New York New York January 9, 2023 _ Ryan H. Asher_ RYAN H. ASHER, ESQ. 11 of 11