On September 08, 2022 a
DEMAND FOR BILL OF PARTICULARS
was filed
involving a dispute between
Pamela Villano,
and
Joan Gannon,
for Torts - Other (Falldown)
in the District Court of Saratoga County.
Preview
FILED: SARATOGA COUNTY CLERK 10/26/2022 09:16 AM INDEX NO. EF20221975
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
PAMELA VILLANO, DEMAND FOR VERIFIED
BILL OF PARTICULARS
Plaintiff,
Index No: EF20221975
- against -
JOAN GANNON,
Defendant.
PLEASE TAKE NOTICE, that pursuant to CPLR 3042, the defendant, Joan Gannon,
hereby demands that the plaintiff furnish said defendant with a written verified bill of particulars
of the claims against said defendant within 30 days after the service of this notice, specifying in
detail:
1. The date and approximate time of the occurrence.
2. The approximate location of the occurrence.
3. An itemized and detailed statement specifying in detail the acts or omission
constituting the negligence claimed.
4. The day and time of day plaintiff last treated the area of the incident by shoveling
or sanding/salting.
5. Where notice of a condition is prerequisite, specify whether actual or constructive
notice is claimed.
6. If actual notice is claimed, a statement of when and to whom it was given,
specifying in detail that actual notice which the plaintiff alleges was given.
7. An itemized and detailed statement of each and every injury suffered by the
plaintiff.
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FILED: SARATOGA COUNTY CLERK 10/26/2022 09:16 AM INDEX NO. EF20221975
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2022
8. An itemized and detailed statement of each and every injury which the plaintiff
alleges will be permanent, specifying the character, degree and cause of permanency.
9. State the length of time the plaintiff was totally disabled.
10. State the length of time the plaintiff was partially disabled.
11. State the length of time the plaintiff was confined to the hospital.
12. State the length of time plaintiff was confined to bed.
13. State the length of time the plaintiff was confined to house.
14. State the length of time the plaintiff was incapacitated from employment.
15. An itemized and detailed statement specifying in detail each and every expense
incurred or to be incurred, for (a) physicians' services, (b) medical supplies, (c) hospital expenses,
(d) nurses' services and (e) other care or treatment rendered the plaintiff, further specifying the
names and addresses of each and every person with whom such expense has been incurred or is to
be incurred.
16. State the total amount claimed as special damages for loss of earnings, further
specifying the plaintiff's business and/or occupation; name and address of employer; amount of
wages and/or salary per day, week or month; length of time plaintiff was prevented from
performing said business and/or occupation, further specifying the date the plaintiff returned to
work.
17. Specify the particular sections of the (a) laws, (b) statutes, (c) ordinances, (d) rules
and (e) regulations which the plaintiff will claim defendant violated and in what respect, all as
alleged in the complaint.
18. State the age and date of birth of plaintiff.
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FILED: SARATOGA COUNTY CLERK 10/26/2022 09:16 AM INDEX NO. EF20221975
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2022
Dated: October 25, 2022 O’CONNOR, O’CONNOR, BRESEE & FIRST
By: ________________________________
DENNIS A. FIRST
Attorneys for Defendant
20 Corporate Woods Blvd.
Albany, NY 12211
Phone: (518) 465-0400
Email: first@oobf.com
To: Michael Shanley, Esq.
Finkelstein & Partners, LLP
Attorneys for Plaintiff
1279 Route 300, Box 1111
Newburgh, NY 12551
Phone: (845) 562-0203
Email: mshanley@lawampm.com
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Document Filed Date
October 26, 2022
Case Filing Date
September 08, 2022
Category
Torts - Other (Falldown)
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Preview
FILED: SARATOGA COUNTY CLERK 10/26/2022 09:16 AM INDEX NO. EF20221975 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA PAMELA VILLANO, DEMAND FOR VERIFIED BILL OF PARTICULARS Plaintiff, Index No: EF20221975 - against - JOAN GANNON, Defendant. PLEASE TAKE NOTICE, that pursuant to CPLR 3042, the defendant, Joan Gannon, hereby demands that the plaintiff furnish said defendant with a written verified bill of particulars of the claims against said defendant within 30 days after the service of this notice, specifying in detail: 1. The date and approximate time of the occurrence. 2. The approximate location of the occurrence. 3. An itemized and detailed statement specifying in detail the acts or omission constituting the negligence claimed. 4. The day and time of day plaintiff last treated the area of the incident by shoveling or sanding/salting. 5. Where notice of a condition is prerequisite, specify whether actual or constructive notice is claimed. 6. If actual notice is claimed, a statement of when and to whom it was given, specifying in detail that actual notice which the plaintiff alleges was given. 7. An itemized and detailed statement of each and every injury suffered by the plaintiff. 1 1 of 3 FILED: SARATOGA COUNTY CLERK 10/26/2022 09:16 AM INDEX NO. EF20221975 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2022 8. An itemized and detailed statement of each and every injury which the plaintiff alleges will be permanent, specifying the character, degree and cause of permanency. 9. State the length of time the plaintiff was totally disabled. 10. State the length of time the plaintiff was partially disabled. 11. State the length of time the plaintiff was confined to the hospital. 12. State the length of time plaintiff was confined to bed. 13. State the length of time the plaintiff was confined to house. 14. State the length of time the plaintiff was incapacitated from employment. 15. An itemized and detailed statement specifying in detail each and every expense incurred or to be incurred, for (a) physicians' services, (b) medical supplies, (c) hospital expenses, (d) nurses' services and (e) other care or treatment rendered the plaintiff, further specifying the names and addresses of each and every person with whom such expense has been incurred or is to be incurred. 16. State the total amount claimed as special damages for loss of earnings, further specifying the plaintiff's business and/or occupation; name and address of employer; amount of wages and/or salary per day, week or month; length of time plaintiff was prevented from performing said business and/or occupation, further specifying the date the plaintiff returned to work. 17. Specify the particular sections of the (a) laws, (b) statutes, (c) ordinances, (d) rules and (e) regulations which the plaintiff will claim defendant violated and in what respect, all as alleged in the complaint. 18. State the age and date of birth of plaintiff. 2 2 of 3 FILED: SARATOGA COUNTY CLERK 10/26/2022 09:16 AM INDEX NO. EF20221975 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/26/2022 Dated: October 25, 2022 O’CONNOR, O’CONNOR, BRESEE & FIRST By: ________________________________ DENNIS A. FIRST Attorneys for Defendant 20 Corporate Woods Blvd. Albany, NY 12211 Phone: (518) 465-0400 Email: first@oobf.com To: Michael Shanley, Esq. Finkelstein & Partners, LLP Attorneys for Plaintiff 1279 Route 300, Box 1111 Newburgh, NY 12551 Phone: (845) 562-0203 Email: mshanley@lawampm.com 3 3 of 3