On May 03, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Anis I. Muktar,
and
David P. Etling,
Integrated Computer Solutions Of Vestal Llc,
for Torts - Motor Vehicle
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ONONDAGA
ANIS I. MUKTAR
Plaintiff
v. DEMAND FOR VERIFIED
BILL OF PARTICULARS
INTEGRATED COMPUTER SOLUTIONS OF Index No.: 004181/2021
VESTAL LLC
DAVID P. ETLING
Defendants __ _ ....
PLEASE TAKE NOTICE that Plaintiff, hereby demands that you serve upon WILLIAM
MATTAR, P.C., 6720 Main Street, Suite 100, Williamsville, New York 14221, Attorneys for the
Plaintiff, within thirty (30) days after service hereof, a verified Bill of Particulars of the allegations
contained in the Answer, in which Defendants, INTEGRATED COMPUTER SOLUTIONS OF
VESTAL LLC and DAVID P. ETLING, shall set forth and specify:
1. State the factual basis for your First Affirmative Defense that this action is barred
by reason of Plaintiff's failure to state a cause of action upon which relief can be granted. If no
such basis exists, please withdraw this defense accordingly.
2. State the factual basis for your Second Affirmative Defense that Plaintiff failed to
mitigate his damages and that same should be reduced accordingly. Identify said failures.
3. State the factual basis for your Third Affirmative Defense that the accident and/or
injuries and/or damages as alleged in the Complaint were caused in whole or in part or were
contributed to by the culpable conduct on the part of the Plaintiff. said culpable conduct.
Identify
FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022
Please further state the factual basis for your Affirmative Defense that the damages recoverable in
this action should be diminished pursuant to Article 14-A of the CPLR.
4. State the factual basis for your Fourth Affirmative Defense that any amount which
Plaintiff may be awarded as against the answering Defendants must be reduced by the amount
received from or indemnified by any collateral sources. Identify said sources.
5. State the factual basis for your Fifth Affinnative Defense that the occurrence
alleged in the Complaint was caused by a superseding, intervening cause. Identify said
superseding, intervening cause.
6. State the factual basis for your Sixth Affinnative Defense that that Plaintiff
assumed the risk of the injuries alleged in the Complaint. Identify specifically how Plaintiff
assumed the risk of his injuries.
7. State the factual basis for your Seventh Affirmative Defense that the liability of the
answering Defendants is to be diminished pursuant to Article 16 of the CPLR.
8. State the factual basis for your Eighth Affirmative Defense that the answering
Defendants are entitled to all of the protections available under General Obligations Law §15-108.
9. State the factual basis for your Ninth Affirmative Defense that the occurrence about
which Plaintiff complains was occasioned by a third-party over whom the answering Defendants
have no authority or control. Identify said third-party.
10. State the factual basis for your Tenth Affirmative Defense that Plaintiff did not
sustain a qualifying injury under §5102 of the Insurance Law of the State of New York.
FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022
11. State the factual basis for your Eleventh Affirmative Defense that the injuries
and/or damages sustained by Plaintiff would have been prevented and/or diminished if Plaintiff
had been wearing seatbelt and/or shoulder harness.
12. Enclosed please find stamped copies of the respective Affidavits of Service for the
Answering Defendants, which were electronically filed with the Onondaga County Clerk's Office
on May 24, 2021. Please withdraw this Affirmative Defense accordingly.
I3. Enclosed please find a stamped copy of the Summons and Complaint which was
electronically filed with the Onondaga County Clerk's Office on May 3, 2021. Please withdraw
this Affirmative Defense accordingly.
14. State the factual basis for your Fourteenth Affirmative Defense that that Plaintiffs
claims are barred by the doctrine of avoidable consequences and/or emergency doctrine. Identify
said emergency.
15. State the factual basis for your Fifteenth Affirmative Defense that Plaintiff is not
entitled to recover any sums or money for basic economic loss pursuant to Article 51 of the New
York State Insurance Law.
FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022
16. State the factual basis for your Sixteenth Affirmative Defense that Defendant Etling
experienced an unforeseeable medical emergency. Identify said medical emergency.
DATED: September 22, 2021
/s/Arienne J. Irving, Esq./s/
Arienne J. Irving, Esq.
WILLIAM MATTAR, P.C.
Attorneys for Plaintiff
Office and Post Office Address
6720 Main Street, Suite 100
Williamsville, New York 14221-5986
(716) 633-3535
TO: Kenney, Shelton, Liptak, Nowak, LLP
Attorneys for Defendants
INTEGRATED COPMUTER SOLUTIONS OF VESTAL, LLC
DAVID P. ETLING
Office and Post Office Address
4615 North Street
Jamesville, New York 13078
(315) 492-3000
Document Filed Date
July 06, 2022
Case Filing Date
May 03, 2021
Category
Torts - Motor Vehicle
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FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022 STATE OF NEW YORK SUPREME COURT: COUNTY OF ONONDAGA ANIS I. MUKTAR Plaintiff v. DEMAND FOR VERIFIED BILL OF PARTICULARS INTEGRATED COMPUTER SOLUTIONS OF Index No.: 004181/2021 VESTAL LLC DAVID P. ETLING Defendants __ _ .... PLEASE TAKE NOTICE that Plaintiff, hereby demands that you serve upon WILLIAM MATTAR, P.C., 6720 Main Street, Suite 100, Williamsville, New York 14221, Attorneys for the Plaintiff, within thirty (30) days after service hereof, a verified Bill of Particulars of the allegations contained in the Answer, in which Defendants, INTEGRATED COMPUTER SOLUTIONS OF VESTAL LLC and DAVID P. ETLING, shall set forth and specify: 1. State the factual basis for your First Affirmative Defense that this action is barred by reason of Plaintiff's failure to state a cause of action upon which relief can be granted. If no such basis exists, please withdraw this defense accordingly. 2. State the factual basis for your Second Affirmative Defense that Plaintiff failed to mitigate his damages and that same should be reduced accordingly. Identify said failures. 3. State the factual basis for your Third Affirmative Defense that the accident and/or injuries and/or damages as alleged in the Complaint were caused in whole or in part or were contributed to by the culpable conduct on the part of the Plaintiff. said culpable conduct. Identify FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022 Please further state the factual basis for your Affirmative Defense that the damages recoverable in this action should be diminished pursuant to Article 14-A of the CPLR. 4. State the factual basis for your Fourth Affirmative Defense that any amount which Plaintiff may be awarded as against the answering Defendants must be reduced by the amount received from or indemnified by any collateral sources. Identify said sources. 5. State the factual basis for your Fifth Affinnative Defense that the occurrence alleged in the Complaint was caused by a superseding, intervening cause. Identify said superseding, intervening cause. 6. State the factual basis for your Sixth Affinnative Defense that that Plaintiff assumed the risk of the injuries alleged in the Complaint. Identify specifically how Plaintiff assumed the risk of his injuries. 7. State the factual basis for your Seventh Affirmative Defense that the liability of the answering Defendants is to be diminished pursuant to Article 16 of the CPLR. 8. State the factual basis for your Eighth Affirmative Defense that the answering Defendants are entitled to all of the protections available under General Obligations Law §15-108. 9. State the factual basis for your Ninth Affirmative Defense that the occurrence about which Plaintiff complains was occasioned by a third-party over whom the answering Defendants have no authority or control. Identify said third-party. 10. State the factual basis for your Tenth Affirmative Defense that Plaintiff did not sustain a qualifying injury under §5102 of the Insurance Law of the State of New York. FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022 11. State the factual basis for your Eleventh Affirmative Defense that the injuries and/or damages sustained by Plaintiff would have been prevented and/or diminished if Plaintiff had been wearing seatbelt and/or shoulder harness. 12. Enclosed please find stamped copies of the respective Affidavits of Service for the Answering Defendants, which were electronically filed with the Onondaga County Clerk's Office on May 24, 2021. Please withdraw this Affirmative Defense accordingly. I3. Enclosed please find a stamped copy of the Summons and Complaint which was electronically filed with the Onondaga County Clerk's Office on May 3, 2021. Please withdraw this Affirmative Defense accordingly. 14. State the factual basis for your Fourteenth Affirmative Defense that that Plaintiffs claims are barred by the doctrine of avoidable consequences and/or emergency doctrine. Identify said emergency. 15. State the factual basis for your Fifteenth Affirmative Defense that Plaintiff is not entitled to recover any sums or money for basic economic loss pursuant to Article 51 of the New York State Insurance Law. FILED: ONONDAGA COUNTY CLERK 07/06/2022 09:27 AM INDEX NO. 004181/2021 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 07/06/2022 16. State the factual basis for your Sixteenth Affirmative Defense that Defendant Etling experienced an unforeseeable medical emergency. Identify said medical emergency. DATED: September 22, 2021 /s/Arienne J. Irving, Esq./s/ Arienne J. Irving, Esq. WILLIAM MATTAR, P.C. Attorneys for Plaintiff Office and Post Office Address 6720 Main Street, Suite 100 Williamsville, New York 14221-5986 (716) 633-3535 TO: Kenney, Shelton, Liptak, Nowak, LLP Attorneys for Defendants INTEGRATED COPMUTER SOLUTIONS OF VESTAL, LLC DAVID P. ETLING Office and Post Office Address 4615 North Street Jamesville, New York 13078 (315) 492-3000