Preview
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
Exhibit C
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COLINTY OF KINGS
-----------------x
PATzuCK FORD,
Plaintiff, VERIFIED BILL OF
PARTICULARS
-against- Index No.: 522897 /2020
YSMAEL A, TORRES
Defendant.
X
Plaintiff, PATRICK FORD, as and for her Verified Bill of Particulars, pursuant to the
demands of the Defendant YSMAEL A. TORRES, respectfully alleges the following:
1. Plaintiff has not known been known any other name and Plaintiff, PATRICK FORD,
resides at26A Tailulah lane, West Isiip,IiY iI795.
2. Plaintiff s year of birth is 1980.
3. The last four digits of Plaintiffs Social Security Number are 5200. The remainder of
the demand is objected to as improper for a Bill of Particulars in that it calls for production of
evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R.
4. The accident occurred on or about February 19,2020, at approximately 2:00 PM.
5. The location of the incident is sufficiently set forth in the complaint and cannot be
fuither amplified herein. The remainder of the demand is objected to as improper for a Bill of
Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section
3043 of the C.P.L.R.
6. The above stated occurrence, and the results thereof, was in no way due to any
negligence on the part of the Plaintiff contributing thereto, but were caused solely and wholly
by the negligence of the Defendant in the ownership, operation, management, maintenance and
control of his said motor vehicles; the Defendant was negligent in that he failed and neglected to
operate, manage and control his motor vehicle in a proper, reasonable, prudent and safe manner
so as to avoid the collision, although he could have done so; in coming into contact and striking
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
the rear of Plaintiff s vehicle; in losing control of his vehicle and striking the rear of Plaintifls
vehicle; failed and neglected to properly and adequately slow, stop or otherwise decrease the
speed of his motor vehicle so as to avoid the occurrence, although he could have done so;in
failing to maintain a sufficient amount of distance between the rear of Plaintiffls vehicle and the
front of his vehicle; in following the Plaintiff too closely; failed to yield the right of way to
Plaintiff; failed and neglected to decrease the speed of his motor vehicle when approaching an
intersection; in failing to remain awake and conscious while operating a motor vehicle; in
operating their motor vehicle at an unreasonable and improper rate of speed under the
circumstances then and there prevailing; failed and neglected to obey posted speed limits and
other traffic signals in and upon the roadway, although he should have done so; failed and
neglected to turn, swerve or otherwise steer his motor vehicle in such a way so as to avoid the
collision. although she could have done so: failed and neglected to keep a prooer, or anv,
lookout in and upon the roadway; failed and neglected to observe the conditions then and there
existing in and upon the roadway; failed and neglected to maintain his motor vehicle, and more
particularly the steering, braking, signaling devices and tires, in proper working condition
although she could have done so; failed and neglected to proceed with increased caution when
entering an intersection; failed to operate his vehicle with due regard to the rights and safety of
the Plaintiff; operated his said motor vehicle in a manner which unreasonably endangered the
Plaintiff; failed to properly steer, guide, manage and control their said motor vehicles; failed to
apply the brakes or slow down or stop in such a manner as would have prevented the
occurrence; failed to make adequate and timely observation of; and respond to conditions; failed
to observe signs and signals prevailing at the time and place of the occurrence; failed to keep a
proper look-out when controlling their said motor vehicles; failed to properly maintain their said
vehicle according to law; failed to give adequate and timely signal, notice or warning; operated
her said motor vehicle in violation of the traffic rules, regulations, statutes and ordinances in
such cases made and provided; and Defendants were careless and negligent in the ownership,
maintenance, operation and control of their said motor vehicle. Plaintiffs will also rely upon the
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
doctrine of res ipsa loquitor in establishing a presumption of negligence.
7. Providing the direction of travel of each motor vehicle is objected to as improper for
a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope
of Section 3043 of the C.P.L.R.
8. Plaintiff did not allege any violations of statutes, laws, codes, regulations, and/or
ordinances in the complaint which would require amplification in a verified bill of particulars.
Notwithstanding, the Court shall take Judicial Notice of all laws, ordinances, regulations, rules
and/or statutes claimed to have been violated by the defendants and which may be further
ascertained upon the submission of the case to the jury and as set forth in the jury instructions
given to the jury at that time, Section 1129 of The NYS Vehicle and Traffic Law.
9. Plaintiff objects to providing property damage information to his vehicle as improper
for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the
scope of Section 3043 of the C.P.L.R.
10. Plaintiff sustained the following personal injuries which were activated, aggravated,
exacerbated, irritated and/or caused by the Defendants' negligence:
LOWER BACK
o Lumbar Herniations at L4-L5 and L5-S1
o Lumbar Radiculopathy
o Need for surgery
o Lumbar Spondylolisthesis
o Interbody spinal fusion atL3-L4 andL4-L5 with placement of intervertebral disc
space cages/spacers
o Posterior spinal segmental instrumentation at L3-S1
o Posterolateral spinal fusion at L5-S1
o Post-surgical scarring
. Aggravation of Bartolutti's Syndrome
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
RIGHT ANKLE
. Sprain/strain of right ankle
o Need for revision of prior ankle surgery
o Joint effusion
All of the aforementioned injuries are peffnanent in nature except those of a superficial nature.
11. Providing the names and addresses of Plaintiffs medical services providers and
discharge information is objected to as improper for a Bill of Particulars in that it calls for
production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R.
12. Plaintiff was confined to bed and home from the day after the accident to date,
except to attend, medical appointments and purchase necessities.
72 Plaintiff was totally disabled from the date of the incident to present.
13. Plaintiff remains fully incapacitated from attending his nsual occnpation. The
remainder of the demand is objected to as improper for a Bill of Particulars in that it calls for
production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R.
14. The Plaintiff, incurred the following items as special damages:
(a) Physicians' expenses (approx. & continuin g). . ...$97,45 0.00
(b) Medical supplies. .included in (a)
(c) Hospital charges. included in (a)
(d) X-ray expenses.... .included in (a) and (c)
(e) Nurses' services. ..included in (a) and (c)
(f) Loss of earnings (approx. & continuing) .. .. .. . ..N/A
15. Providing the names and addresses of any known witnesses is objected to as
improper for a Bill of Particulars in that it calls for production of evidentiary testimony and
exceeds the scope of Section 3043 of the C.P.L.R.
16. Providing the names and addresses of any known witnesses to the condition of the
vehicle is objected to as improper for a Bill of Particulars in that it calls for production of
evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R.
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
17. Providing information pertaining to Plaintiff s occupation is objected to as improper
for a Bill of Parliculars in that it calls for production of evidentiary testimony and exceeds the
scope of Section 3043 of the C.P.L.R.
18. Plaintiff was not a student at the time of the incident.
19. Providing information pertaining to Plaintiffls collateral source carrier is objected to
as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and
exceeds the scope of Section 3043 of the C.P.L.R.
20. The plaintiff sustained a serious injury as defined in Section 5102(d) of the Insurance
Law in that he underwent spinal surgery and sustained personal injuries resulting in multiple
permanent, hypo/hyper pigmented disfiguring scars, permanent consequential limitation of use of
a body organ or member; significant limitation of use of a body function or system and sustained
a medically determined injury or impairment of a non-pernanent nat,rre which pre.rented him
from performing substantially all the material acts which constituted her usual and customary
daily activities for more than ninety (90) days during the one hundred and eighty (180) days
immediately following the accident. In addition, see responses to items numbered "l4" supra.
21. Providing which of Plaintiffs injuries were aggravated or precipitation of pre-
existing injury is objected to as improper for a Bill of Particulars in that it calls for production of
evidentiary testimony, is beyond the scope of plaintiffs ability and requires the opinion of a
medical expert and exceeds the scope of Section 3043 of the C.P.L.R.
22-23. Loss of services was not alleged in the complaint.
24-25. Not applicable in that this is not a wrongful death action.
Dated: Mineola, New York
March 18,2021
MATTHEW Y, ESQ
CASSISI & CASS .C
Attomeys for Plaintiff
155 First Street, Suite 101
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
Mineola, New York 11501
(s16) 294-s0s0
TO: BAKER, MCEVOY & MOSKOVITZ,P.C.
Attomeys for the Defendant
YSMAEL A. TORRES
One Metro Tech Center, 8th Floor
Brooklyn, NY 11201
(2r2)8s7-8230
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023
Index No. 522897 /2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
PATRICK FORD,
Plaintifi
-against-
YSMAEL TORRES
Defendant.
VERIFIED BILL OF PARTICULARS
Caccici *,(- (-rooioi
vqJglJr,
ft a
l. .\-.
-Euv^r^
Attorneys for Plaintiff
155 First Street
Suite L01, Mineola, NY 11501
(s16) 2e4-s050
Fax No.: (516) 294-0711,
TO: Ronit Moskovits
Baker, McEvoy, Morrissey & Moskovits, p.C.
Attorney for Defendant(s)
Ysmael A. Torres
1 Metro Tech Center
No Fault Dept. Zth Floor
Bodily Injury Dept. 8th floor
Brooklyn, NY 11201
(212) 857_8230
Preview
FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 Exhibit C FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COLINTY OF KINGS -----------------x PATzuCK FORD, Plaintiff, VERIFIED BILL OF PARTICULARS -against- Index No.: 522897 /2020 YSMAEL A, TORRES Defendant. X Plaintiff, PATRICK FORD, as and for her Verified Bill of Particulars, pursuant to the demands of the Defendant YSMAEL A. TORRES, respectfully alleges the following: 1. Plaintiff has not known been known any other name and Plaintiff, PATRICK FORD, resides at26A Tailulah lane, West Isiip,IiY iI795. 2. Plaintiff s year of birth is 1980. 3. The last four digits of Plaintiffs Social Security Number are 5200. The remainder of the demand is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 4. The accident occurred on or about February 19,2020, at approximately 2:00 PM. 5. The location of the incident is sufficiently set forth in the complaint and cannot be fuither amplified herein. The remainder of the demand is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 6. The above stated occurrence, and the results thereof, was in no way due to any negligence on the part of the Plaintiff contributing thereto, but were caused solely and wholly by the negligence of the Defendant in the ownership, operation, management, maintenance and control of his said motor vehicles; the Defendant was negligent in that he failed and neglected to operate, manage and control his motor vehicle in a proper, reasonable, prudent and safe manner so as to avoid the collision, although he could have done so; in coming into contact and striking FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 the rear of Plaintiff s vehicle; in losing control of his vehicle and striking the rear of Plaintifls vehicle; failed and neglected to properly and adequately slow, stop or otherwise decrease the speed of his motor vehicle so as to avoid the occurrence, although he could have done so;in failing to maintain a sufficient amount of distance between the rear of Plaintiffls vehicle and the front of his vehicle; in following the Plaintiff too closely; failed to yield the right of way to Plaintiff; failed and neglected to decrease the speed of his motor vehicle when approaching an intersection; in failing to remain awake and conscious while operating a motor vehicle; in operating their motor vehicle at an unreasonable and improper rate of speed under the circumstances then and there prevailing; failed and neglected to obey posted speed limits and other traffic signals in and upon the roadway, although he should have done so; failed and neglected to turn, swerve or otherwise steer his motor vehicle in such a way so as to avoid the collision. although she could have done so: failed and neglected to keep a prooer, or anv, lookout in and upon the roadway; failed and neglected to observe the conditions then and there existing in and upon the roadway; failed and neglected to maintain his motor vehicle, and more particularly the steering, braking, signaling devices and tires, in proper working condition although she could have done so; failed and neglected to proceed with increased caution when entering an intersection; failed to operate his vehicle with due regard to the rights and safety of the Plaintiff; operated his said motor vehicle in a manner which unreasonably endangered the Plaintiff; failed to properly steer, guide, manage and control their said motor vehicles; failed to apply the brakes or slow down or stop in such a manner as would have prevented the occurrence; failed to make adequate and timely observation of; and respond to conditions; failed to observe signs and signals prevailing at the time and place of the occurrence; failed to keep a proper look-out when controlling their said motor vehicles; failed to properly maintain their said vehicle according to law; failed to give adequate and timely signal, notice or warning; operated her said motor vehicle in violation of the traffic rules, regulations, statutes and ordinances in such cases made and provided; and Defendants were careless and negligent in the ownership, maintenance, operation and control of their said motor vehicle. Plaintiffs will also rely upon the FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 doctrine of res ipsa loquitor in establishing a presumption of negligence. 7. Providing the direction of travel of each motor vehicle is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 8. Plaintiff did not allege any violations of statutes, laws, codes, regulations, and/or ordinances in the complaint which would require amplification in a verified bill of particulars. Notwithstanding, the Court shall take Judicial Notice of all laws, ordinances, regulations, rules and/or statutes claimed to have been violated by the defendants and which may be further ascertained upon the submission of the case to the jury and as set forth in the jury instructions given to the jury at that time, Section 1129 of The NYS Vehicle and Traffic Law. 9. Plaintiff objects to providing property damage information to his vehicle as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 10. Plaintiff sustained the following personal injuries which were activated, aggravated, exacerbated, irritated and/or caused by the Defendants' negligence: LOWER BACK o Lumbar Herniations at L4-L5 and L5-S1 o Lumbar Radiculopathy o Need for surgery o Lumbar Spondylolisthesis o Interbody spinal fusion atL3-L4 andL4-L5 with placement of intervertebral disc space cages/spacers o Posterior spinal segmental instrumentation at L3-S1 o Posterolateral spinal fusion at L5-S1 o Post-surgical scarring . Aggravation of Bartolutti's Syndrome FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 RIGHT ANKLE . Sprain/strain of right ankle o Need for revision of prior ankle surgery o Joint effusion All of the aforementioned injuries are peffnanent in nature except those of a superficial nature. 11. Providing the names and addresses of Plaintiffs medical services providers and discharge information is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 12. Plaintiff was confined to bed and home from the day after the accident to date, except to attend, medical appointments and purchase necessities. 72 Plaintiff was totally disabled from the date of the incident to present. 13. Plaintiff remains fully incapacitated from attending his nsual occnpation. The remainder of the demand is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 14. The Plaintiff, incurred the following items as special damages: (a) Physicians' expenses (approx. & continuin g). . ...$97,45 0.00 (b) Medical supplies. .included in (a) (c) Hospital charges. included in (a) (d) X-ray expenses.... .included in (a) and (c) (e) Nurses' services. ..included in (a) and (c) (f) Loss of earnings (approx. & continuing) .. .. .. . ..N/A 15. Providing the names and addresses of any known witnesses is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 16. Providing the names and addresses of any known witnesses to the condition of the vehicle is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 17. Providing information pertaining to Plaintiff s occupation is objected to as improper for a Bill of Parliculars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 18. Plaintiff was not a student at the time of the incident. 19. Providing information pertaining to Plaintiffls collateral source carrier is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony and exceeds the scope of Section 3043 of the C.P.L.R. 20. The plaintiff sustained a serious injury as defined in Section 5102(d) of the Insurance Law in that he underwent spinal surgery and sustained personal injuries resulting in multiple permanent, hypo/hyper pigmented disfiguring scars, permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system and sustained a medically determined injury or impairment of a non-pernanent nat,rre which pre.rented him from performing substantially all the material acts which constituted her usual and customary daily activities for more than ninety (90) days during the one hundred and eighty (180) days immediately following the accident. In addition, see responses to items numbered "l4" supra. 21. Providing which of Plaintiffs injuries were aggravated or precipitation of pre- existing injury is objected to as improper for a Bill of Particulars in that it calls for production of evidentiary testimony, is beyond the scope of plaintiffs ability and requires the opinion of a medical expert and exceeds the scope of Section 3043 of the C.P.L.R. 22-23. Loss of services was not alleged in the complaint. 24-25. Not applicable in that this is not a wrongful death action. Dated: Mineola, New York March 18,2021 MATTHEW Y, ESQ CASSISI & CASS .C Attomeys for Plaintiff 155 First Street, Suite 101 FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 Mineola, New York 11501 (s16) 294-s0s0 TO: BAKER, MCEVOY & MOSKOVITZ,P.C. Attomeys for the Defendant YSMAEL A. TORRES One Metro Tech Center, 8th Floor Brooklyn, NY 11201 (2r2)8s7-8230 FILED: KINGS COUNTY CLERK 02/14/2023 03:50 PM INDEX NO. 522897/2020 NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 02/14/2023 Index No. 522897 /2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS PATRICK FORD, Plaintifi -against- YSMAEL TORRES Defendant. VERIFIED BILL OF PARTICULARS Caccici *,(- (-rooioi vqJglJr, ft a l. .\-. -Euv^r^ Attorneys for Plaintiff 155 First Street Suite L01, Mineola, NY 11501 (s16) 2e4-s050 Fax No.: (516) 294-0711, TO: Ronit Moskovits Baker, McEvoy, Morrissey & Moskovits, p.C. Attorney for Defendant(s) Ysmael A. Torres 1 Metro Tech Center No Fault Dept. Zth Floor Bodily Injury Dept. 8th floor Brooklyn, NY 11201 (212) 857_8230