Preview
FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
___________--------.......---......__________________-____--___..x
VIRGINIA LOPEZ,
Plaintiff,
-against-
RAFAEL KOHANGHADOSH, MEHRAN DEMAND FOR BILL OF
KOHANGHADOSH, ARIEL KOHANGHADOSH PARTICULARS
and HIGHLINE LEASING, LLC.,
Index No: 531638/2022
Defendants.
--____________-----.........--_________-......____---_______-...x
S I R S:
PLEASE TAKE NOTICE, that defendant, ARIEL KOHANGHADOSH and
HIGHLINE LEASING, LLC, hereby demand pursuant to CPLR Sections § 3041, 3042, 3043 and
3044 that plaintiff serve and file a bill of particulars within twenty (20) days from the date of service
hereof, as follows:
1. The date and approximate hour and minute of day when it is claimed the
alleged incident occurred.
2. State the place and address of said occurrence.
3. State the approximate location of the incident, using measurement in feet of
other unit of measurement from the nearest cross-street, intersection or other readily identifiable
reference point.
4. Set forth the direction in which the plaintiff was travelling immediately prior t<
the incident; where the plaintiff was coming from and where the plaintiff intended to go.
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5. State whether there was any means of traffic control at the location involved,
whether mechanical (such as signal light or sign) or a traffic control officer and, if so, describe such
means of traffic control, including by location.
6. State what it is claimed caused the plaintiffs injury giving detail of the
instrumentality or condition which will be alleged caused the plaintiffs injury.
7. Set forth specifically in what way it is claimed defendant ARIEL
KOHANGHADOSH was negligent, indicating each and every particular act or omission
constituting that defendants alleged negligence.
8. Set forth specifically in what way it is claimed defendant HIGHLINE LEASING,
LLC was negligent, indicating each and every particular act or omission constituting that
defendants alleged negligence.
9. State whether it will be claimed the defendant had actual or constructive notice of
each condition, thing or defect mentioned in the preceding paragraphs and with respect thereto, sei
forth:
a. if actual notice is claimed, state each person who gave such notice and the
names of each person who received same;
b. if actual notice is claimed, and it will be alleged that the defendant createc
the condition, set forth the condition created, who in the employ or under the control of th<
defendant created the condition and when it was created;
c. if constructive notice is claimed, set forth the length of time eact
condition, thing or defect existed.
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10. State the title, chapter, and section of every statute, ordinance, regulation or rule
which plaintiff claims to have been violated by the defendant and/or defendants agents, servants or
employees. If none please so state.
11. Set forth each and every injury sustained by the plaintiff as a result of said
occurrence, indicating:
a. its nature, extent, location and duration;
b. provide a complete description of any claimed injury to be residual or
permanent in nature and indicate with respect thereto;
c. whether the plaintiff is still undergoing treatment or specify that no
permanent injury is claimed;
d. separately enumerate all injuries not claimed to be permanent or residuaf
in nature.
12. Give the length of time and specific date it is claimed the plaintiff was confinec
by reason of the alleged injuries to:
a. bed;
b. house;
c. if treated at or confined to a hospital, set forth the name and addrest
thereof and the date of admission and discharge;
d. if treated by physicians set forth their names, addresses and dates o
any
treatment.
13. Please set forth:
a. plaintiffs date of birth;
b. plaintiffs occupation;
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c. plaintiff's social security number;
d. the name and address of plaintiffs employer at the time of the alleged
occurrence;
e. daily or weekly eamings at the time of said occurrence;
f. whether the plaintiff was incapacitated, and if so, the length of time
including the specific dates the plaintiff was allegedly incapacitated from attending to said vocation;
g. if plaintiff is a student, set forth the name and address of the school
attended, the class and grade therein and the date of each alleged absence therefrom as a result of the
alleged occurrence.
14. Set forth the total amount claimed as and for special damages on behalf of the
plaintiff for:
physicians'
a. services;
b. Hospital services;
c. x-rays;
d. medical supplies;
nurses'
e. services;
f. loss of earnings and the basis of computation thereof;
g. any other special damages claimed, describing in detail the amount and
nature thereof. .
15. Pursuant to Rule 31 18 of the CPLR, demand is hereby made upon you that yo1
furnish the defendant with a statement setting for the post office address and residence of th
plaintiff indicating the street and number as well as the city and state both at the time of th4
occurrence and presently.
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16. If the alleged occurrence involved any object, thing, instrument or part of the
human body striking or coming in physical contact with the plaintiffs body then, please:
a. describe fully the manner in which such physical contact occurred,
including in your answer a complete description of the movement or motions made by the plaintitT
just prior to the physical contact at the time of the occurrence
b. indicate precisely the part or parts of plaintiffs body which received such
physical contact;
c. describe the position of plaintiffs body at the precise moment when such
physical contact was first made;
d. describe the immediate effect that such physical contact had upon
plaintiffs body;
e. describe each object, instrument, or part of the human body which came
into contact with the plaintiff at the time of the incident alleged in the Verified Complaint.
17. If there is a claim for loss of consortium or services, then set forth in detail the
specifies relating to such claim, specifying the computation of each category of such alleged
damages including as to each of the following, if applicable:
a. household chores or duties;
b. social relations outside the home;
c. companionship;
d. change in disposition, temperament and character;
e. loss of interest in the home;
f. loss of interest in the comfort, happiness, education and general welfare o
members of the household;
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g. change in acts of affection, love and sexual intercourse;
h. injuries, ailments or disabilities and the manner in which same has
affected the home; and
i. any other claims for loss of services or consortium and the manner of
computation thereof.
18. If there is a claim that plaintiff has sustained a serious injury as defined by the
Insurance Law of the State of New York or economic loss greater than basic economic loss as
defined in said law, set forth the basis for said claims.
Dated: Melville, New York
February 1, 2023 Yours, etc.,
PERRY, VAN ETTEN, ROZANSKI
& KUTNER, LLP
By: K$1A,1A,8th ). KRtlA.Cr
KENNETH J. KUTNER
Attorneys for Defendants
ARIEL KOHANGHADOSH and
HIGHLINE LEASING, INC.
225 Broadhollow Road, Suite 430
Melville, New York 11747
(631) 414-7930
File no: 526015
TO: AHMED LAW FIRM, P.C.
Attorneys for Plaintiff
113th
104-09 Street
South Richmond Hills, New York 11419
(718) 848-9595
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STATE OF NEW YORK )
}ss.:
COUNTYOFSUFFOLK )
Kimberly M. Gallo, being duly sworn, deposes and says:
That I am the secretary for the attorney for the within named defendant.
That I am over the age of 18 years, that I am not a party to the above-entitled action;
On the day of February, 2023, I served the within DEMAND FOR BILL OF
PARTICULARS by filing same on the office website of the Supreme Court of the State ofNew
York via Electronic Case filing which notifies the following parties:
TO:
AHMED LAW FIRM, P.C.
Attorneys for Plaintiff
113th
104-09
South Richmond Hills, New York 11419
(718) 848-9595
berly M. Gallo
Sworn to before me on this
day of February, 2023.
TARY P J C
LORETTA R GRECO
Public. State of New York
Notary
No. 01GR4937799
Quaf fied in Nassau County
Commisson Expires July 11, 2
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Preview
FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ___________--------.......---......__________________-____--___..x VIRGINIA LOPEZ, Plaintiff, -against- RAFAEL KOHANGHADOSH, MEHRAN DEMAND FOR BILL OF KOHANGHADOSH, ARIEL KOHANGHADOSH PARTICULARS and HIGHLINE LEASING, LLC., Index No: 531638/2022 Defendants. --____________-----.........--_________-......____---_______-...x S I R S: PLEASE TAKE NOTICE, that defendant, ARIEL KOHANGHADOSH and HIGHLINE LEASING, LLC, hereby demand pursuant to CPLR Sections § 3041, 3042, 3043 and 3044 that plaintiff serve and file a bill of particulars within twenty (20) days from the date of service hereof, as follows: 1. The date and approximate hour and minute of day when it is claimed the alleged incident occurred. 2. State the place and address of said occurrence. 3. State the approximate location of the incident, using measurement in feet of other unit of measurement from the nearest cross-street, intersection or other readily identifiable reference point. 4. Set forth the direction in which the plaintiff was travelling immediately prior t< the incident; where the plaintiff was coming from and where the plaintiff intended to go. 1 of 7 FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 5. State whether there was any means of traffic control at the location involved, whether mechanical (such as signal light or sign) or a traffic control officer and, if so, describe such means of traffic control, including by location. 6. State what it is claimed caused the plaintiffs injury giving detail of the instrumentality or condition which will be alleged caused the plaintiffs injury. 7. Set forth specifically in what way it is claimed defendant ARIEL KOHANGHADOSH was negligent, indicating each and every particular act or omission constituting that defendants alleged negligence. 8. Set forth specifically in what way it is claimed defendant HIGHLINE LEASING, LLC was negligent, indicating each and every particular act or omission constituting that defendants alleged negligence. 9. State whether it will be claimed the defendant had actual or constructive notice of each condition, thing or defect mentioned in the preceding paragraphs and with respect thereto, sei forth: a. if actual notice is claimed, state each person who gave such notice and the names of each person who received same; b. if actual notice is claimed, and it will be alleged that the defendant createc the condition, set forth the condition created, who in the employ or under the control of th< defendant created the condition and when it was created; c. if constructive notice is claimed, set forth the length of time eact condition, thing or defect existed. 2 of 7 FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 10. State the title, chapter, and section of every statute, ordinance, regulation or rule which plaintiff claims to have been violated by the defendant and/or defendants agents, servants or employees. If none please so state. 11. Set forth each and every injury sustained by the plaintiff as a result of said occurrence, indicating: a. its nature, extent, location and duration; b. provide a complete description of any claimed injury to be residual or permanent in nature and indicate with respect thereto; c. whether the plaintiff is still undergoing treatment or specify that no permanent injury is claimed; d. separately enumerate all injuries not claimed to be permanent or residuaf in nature. 12. Give the length of time and specific date it is claimed the plaintiff was confinec by reason of the alleged injuries to: a. bed; b. house; c. if treated at or confined to a hospital, set forth the name and addrest thereof and the date of admission and discharge; d. if treated by physicians set forth their names, addresses and dates o any treatment. 13. Please set forth: a. plaintiffs date of birth; b. plaintiffs occupation; 3 of 7 FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 c. plaintiff's social security number; d. the name and address of plaintiffs employer at the time of the alleged occurrence; e. daily or weekly eamings at the time of said occurrence; f. whether the plaintiff was incapacitated, and if so, the length of time including the specific dates the plaintiff was allegedly incapacitated from attending to said vocation; g. if plaintiff is a student, set forth the name and address of the school attended, the class and grade therein and the date of each alleged absence therefrom as a result of the alleged occurrence. 14. Set forth the total amount claimed as and for special damages on behalf of the plaintiff for: physicians' a. services; b. Hospital services; c. x-rays; d. medical supplies; nurses' e. services; f. loss of earnings and the basis of computation thereof; g. any other special damages claimed, describing in detail the amount and nature thereof. . 15. Pursuant to Rule 31 18 of the CPLR, demand is hereby made upon you that yo1 furnish the defendant with a statement setting for the post office address and residence of th plaintiff indicating the street and number as well as the city and state both at the time of th4 occurrence and presently. 4 of 7 FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 16. If the alleged occurrence involved any object, thing, instrument or part of the human body striking or coming in physical contact with the plaintiffs body then, please: a. describe fully the manner in which such physical contact occurred, including in your answer a complete description of the movement or motions made by the plaintitT just prior to the physical contact at the time of the occurrence b. indicate precisely the part or parts of plaintiffs body which received such physical contact; c. describe the position of plaintiffs body at the precise moment when such physical contact was first made; d. describe the immediate effect that such physical contact had upon plaintiffs body; e. describe each object, instrument, or part of the human body which came into contact with the plaintiff at the time of the incident alleged in the Verified Complaint. 17. If there is a claim for loss of consortium or services, then set forth in detail the specifies relating to such claim, specifying the computation of each category of such alleged damages including as to each of the following, if applicable: a. household chores or duties; b. social relations outside the home; c. companionship; d. change in disposition, temperament and character; e. loss of interest in the home; f. loss of interest in the comfort, happiness, education and general welfare o members of the household; 5 of 7 FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 g. change in acts of affection, love and sexual intercourse; h. injuries, ailments or disabilities and the manner in which same has affected the home; and i. any other claims for loss of services or consortium and the manner of computation thereof. 18. If there is a claim that plaintiff has sustained a serious injury as defined by the Insurance Law of the State of New York or economic loss greater than basic economic loss as defined in said law, set forth the basis for said claims. Dated: Melville, New York February 1, 2023 Yours, etc., PERRY, VAN ETTEN, ROZANSKI & KUTNER, LLP By: K$1A,1A,8th ). KRtlA.Cr KENNETH J. KUTNER Attorneys for Defendants ARIEL KOHANGHADOSH and HIGHLINE LEASING, INC. 225 Broadhollow Road, Suite 430 Melville, New York 11747 (631) 414-7930 File no: 526015 TO: AHMED LAW FIRM, P.C. Attorneys for Plaintiff 113th 104-09 Street South Richmond Hills, New York 11419 (718) 848-9595 6 of 7 FILED: KINGS COUNTY CLERK 02/02/2023 10:25 AM INDEX NO. 531638/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/02/2023 STATE OF NEW YORK ) }ss.: COUNTYOFSUFFOLK ) Kimberly M. Gallo, being duly sworn, deposes and says: That I am the secretary for the attorney for the within named defendant. That I am over the age of 18 years, that I am not a party to the above-entitled action; On the day of February, 2023, I served the within DEMAND FOR BILL OF PARTICULARS by filing same on the office website of the Supreme Court of the State ofNew York via Electronic Case filing which notifies the following parties: TO: AHMED LAW FIRM, P.C. Attorneys for Plaintiff 113th 104-09 South Richmond Hills, New York 11419 (718) 848-9595 berly M. Gallo Sworn to before me on this day of February, 2023. TARY P J C LORETTA R GRECO Public. State of New York Notary No. 01GR4937799 Quaf fied in Nassau County Commisson Expires July 11, 2 7 of 7