On January 24, 2017 a
bill of particulars to aff defense
was filed
involving a dispute between
Cynthia Klumb,
and
C.A.C. Industries, Inc.,
Consolidated Edison Company Of New York, Inc.,
Consolidated Edison Inc.,
John Doe,
Johnny Doe,
Key Span Energy Delivery Nyc
A K A The Brooklyn Union Gas Company A K A National Grid Ny,
Mecc Contracting Inc,
The City Of New York,
The City Of New York Department Of Design And Construction,
The City Of New York Department Of Transportation,
The City Of New York Police Department,
Time Warner Cable New York City Llc,
Tri-Messine Construction Co,
for Torts - Other Negligence (Premises liability / MVA)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 10/15/2019 03:45 PM INDEX NO. 501506/2017
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 10/15/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------X
CYNTHIA KLUMB, Index No.: 501506/2017
Plaintiff,
BILL OF PARTICULARS
-against- AS TO AFFIRMATIVE
DEFENSES
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INC., CONSOLIDATED EDISON INC., C.A.C.
INDUSTRIES INC., THE CITY OF NEW YORK AND
THE CITY OF NEW YORK DEPARTMENT OF
TRANSPORTATION, THE CITY OF NEW YORK
DEPARTMENT OF DESIGN AND CONSTRUCTION,
THE NEW YORK CITY POLICE DEPARTMENT, AND
JOHN DOE (a fictitious name intended to identify a member
Of NYPD), JOHN DOE (a fictitious name intended to
Identify a motorist described in the Complaint herein),
MECC CONTRACTING INC., TRI MESSINE
CONSTRUCTION CO., KEY SPAN ENERGY
DELIVERY NYC A/K/A "THE BROOKLYN UNION
NY,"
GAS COMPANY D/B/A NATIONAL GRID and
TIME WARNER CABLE NEW YORK CITY LLC,
Defendants.
---------------------------------------- --- -X
CONSOLIDATED EDISON COMPANY OF NEW YORK,
INC.,
Third Party Plaintiff,
-against-
TRI-MESSINE CONSTRUCTION CO., INC., and MECC
CONTRACTING, INC.,
Third Party Defendants.
---- ¬----------------------------------------------------------X
The Defendant/Third Party Defendant, MECC CONTRACTING, INC., by itsattorneys,
Ahmuty, Demers & McManus, hereby responds to Plaintiff's Demand for a Bill of Particulars as
to Affirmative Defenses, dated April 3, 2019, upon information and belief as follows:
1 of 3
FILED: KINGS COUNTY CLERK 10/15/2019 03:45 PM INDEX NO. 501506/2017
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 10/15/2019
1. (a) Approximately 5:45 P.M. on Myrtle Avenue at or near its intersection with
Ryerson Street, Brooklyn, New York; the plaintiff was negligent, careless and reckless, in that the
plaintiff failed to exercise reasonable care and caution for her own safety in view of the alleged
circumstances and the conditions at the time of the accident; that the plaintiff knew or should have
known of the conditions claimed to have existed at the time and place of the occurrence and with
such knowledge, consciously disregarded same and the danger allegedly posed thereby and/or
assumed the risk thereof; in that the plaintiff assumed the risk inherent in said course of conduct;
in that with the knowledge of the conditions alleged in existence at the time and place of the
occurrence, she disregarded same and proceeded; in failing to look where she was walking; in
failing to see, note or perceive the conditions alleged in her path; in failing to avoid or circumvent,
or go around the conditions alleged; in that the alleged conditions were of such an open, obvious
and apparent nature, that a reasonably prudent person would or should have perceived them and
taken the appropriate action to avoid or guard against the happêñing of the accident; in that the
plaintiff failed to ascertain whether there was an alternative path or means of proceeding as to
avoid the said danger; in that such alternate path or means of proceeding was available to the
plaintiff, which she failed to make use of; and such other and further acts of negligence of which
this party currently lacks knowledge but which it should be learned from discovery proceedings
herein.
2. Itwill be claimed 100% of plaintiff's alleged negligence contributed to the accident.
3. It will be claimed plaintiff's alleged negligence were committed alone.
4. (a) See response to #1 above.
(b) See response to #1 above.
(c) See response to #2 above.
2 of 3
FILED: KINGS COUNTY CLERK 10/15/2019 03:45 PM INDEX NO. 501506/2017
NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 10/15/2019
5. It is alleged the codefendants caused and/or contributed to the plaintiff's accident
ifthe plaintiff did not cause her accident alone.
6. 100%
7-15. Plaintiff was not inside a vehicle at the time of the subject accident.
This responding defendant/third-party defendant reserves its rights to supplement and/or amend
itsresponses up to, and including, the time of trial.
Dated: New York, New York
October 15, 2019
By:
JO . GILLESPIE, ESQ.
AHMUTY, DEMERS & McMANUS, ESQS.
Attorneys for Defendant
MECC CONTRACTING INC.
16th
199 Water Street, FlOOr
New York, New York 10038
(212) 513-7788
Our File No.: NWH1435N18 JFG
3 of 3
Preview
FILED: KINGS COUNTY CLERK 10/15/2019 03:45 PM INDEX NO. 501506/2017 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 10/15/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------X CYNTHIA KLUMB, Index No.: 501506/2017 Plaintiff, BILL OF PARTICULARS -against- AS TO AFFIRMATIVE DEFENSES CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., CONSOLIDATED EDISON INC., C.A.C. INDUSTRIES INC., THE CITY OF NEW YORK AND THE CITY OF NEW YORK DEPARTMENT OF TRANSPORTATION, THE CITY OF NEW YORK DEPARTMENT OF DESIGN AND CONSTRUCTION, THE NEW YORK CITY POLICE DEPARTMENT, AND JOHN DOE (a fictitious name intended to identify a member Of NYPD), JOHN DOE (a fictitious name intended to Identify a motorist described in the Complaint herein), MECC CONTRACTING INC., TRI MESSINE CONSTRUCTION CO., KEY SPAN ENERGY DELIVERY NYC A/K/A "THE BROOKLYN UNION NY," GAS COMPANY D/B/A NATIONAL GRID and TIME WARNER CABLE NEW YORK CITY LLC, Defendants. ---------------------------------------- --- -X CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Third Party Plaintiff, -against- TRI-MESSINE CONSTRUCTION CO., INC., and MECC CONTRACTING, INC., Third Party Defendants. ---- ¬----------------------------------------------------------X The Defendant/Third Party Defendant, MECC CONTRACTING, INC., by itsattorneys, Ahmuty, Demers & McManus, hereby responds to Plaintiff's Demand for a Bill of Particulars as to Affirmative Defenses, dated April 3, 2019, upon information and belief as follows: 1 of 3 FILED: KINGS COUNTY CLERK 10/15/2019 03:45 PM INDEX NO. 501506/2017 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 10/15/2019 1. (a) Approximately 5:45 P.M. on Myrtle Avenue at or near its intersection with Ryerson Street, Brooklyn, New York; the plaintiff was negligent, careless and reckless, in that the plaintiff failed to exercise reasonable care and caution for her own safety in view of the alleged circumstances and the conditions at the time of the accident; that the plaintiff knew or should have known of the conditions claimed to have existed at the time and place of the occurrence and with such knowledge, consciously disregarded same and the danger allegedly posed thereby and/or assumed the risk thereof; in that the plaintiff assumed the risk inherent in said course of conduct; in that with the knowledge of the conditions alleged in existence at the time and place of the occurrence, she disregarded same and proceeded; in failing to look where she was walking; in failing to see, note or perceive the conditions alleged in her path; in failing to avoid or circumvent, or go around the conditions alleged; in that the alleged conditions were of such an open, obvious and apparent nature, that a reasonably prudent person would or should have perceived them and taken the appropriate action to avoid or guard against the happêñing of the accident; in that the plaintiff failed to ascertain whether there was an alternative path or means of proceeding as to avoid the said danger; in that such alternate path or means of proceeding was available to the plaintiff, which she failed to make use of; and such other and further acts of negligence of which this party currently lacks knowledge but which it should be learned from discovery proceedings herein. 2. Itwill be claimed 100% of plaintiff's alleged negligence contributed to the accident. 3. It will be claimed plaintiff's alleged negligence were committed alone. 4. (a) See response to #1 above. (b) See response to #1 above. (c) See response to #2 above. 2 of 3 FILED: KINGS COUNTY CLERK 10/15/2019 03:45 PM INDEX NO. 501506/2017 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 10/15/2019 5. It is alleged the codefendants caused and/or contributed to the plaintiff's accident ifthe plaintiff did not cause her accident alone. 6. 100% 7-15. Plaintiff was not inside a vehicle at the time of the subject accident. This responding defendant/third-party defendant reserves its rights to supplement and/or amend itsresponses up to, and including, the time of trial. Dated: New York, New York October 15, 2019 By: JO . GILLESPIE, ESQ. AHMUTY, DEMERS & McMANUS, ESQS. Attorneys for Defendant MECC CONTRACTING INC. 16th 199 Water Street, FlOOr New York, New York 10038 (212) 513-7788 Our File No.: NWH1435N18 JFG 3 of 3