Preview
FILED: QUEENS COUNTY CLERK 03/02/2023 04:30 PM INDEX NO. 726750/2022
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/02/2023
EXHIBIT B
FILED: QUEENS COUNTY CLERK 03/02/2023
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NYSCEF DOC. NO. 19
11 RECEIVED NYSCEF: 03/02/2023
02/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------X
FRANK POLIZZI, Index No.: 726750/2022
Plaintiff, CERTIFICATION PURSUANT
TO PART 130
-against-
SIMAREN CORP., WISDOM PROTECTIVE,
NAEEM LAMAR MATHIS,VALLEY STREAM UNION
FREE SCHOOL DISTRICT 13, VALLEY STREAM
CENTRAL HIGH SCHOOL DISTRICT,
and VALLEY STREAM NORTH HIGH SCHOOL,
Defendants.
-----------------------------------------------------------------------X
The accompanying papers are served/filed/submitted pursuant to Section 130-1.1-a:
0 Verified Answer 0 Demand for a Verified Bill of Particulars
0 Notice for Discovery & Inspection 0 Demand for Expert Witness Information
0 Notice re: Medicals 0 Demand for Collateral Sour�es
0 Demand for Medicaid/Medicare Info 0 Demand Pursuant to CPLR 3017(c)
0 Declination of Service Via Electronic 0 Notice to Take Deposition
0 Demand for Plaintiffs Insurance 0 Demand for Defendant's Insurance
0 Demand Attorney Identification 0 Demand for Lien Information
0 Demand to Change Venue 0 Demand for Litigation Funding
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Dated: Mineola, New York
February 9, 2023
By:
BONGIORNO, MONTIGLIO, MITCHELL &
PALMIERI, PLLC
Attorneys for Defendant
VALLEY STREAM CENTRAL
HIGH SCHOOL DISTRICT
200 Old Country Road, Suite 680
Mineola, New York 11501
(516) 620-4490
Our File No.: WRM 023721 TAM
TO: ROTH & KHALIFE, LLP
Attorneys for Plaintiff
14 Wall Street, Suite 1603
New York, New York 10005
(212) 608-3015
KAUFMAN DOLOWICH & VOLUCK, LLP
Attorneys for Defendants
SIMAREN CORP., WISDOM PROTECTIVE,
And NAEEM LAMAR MATHIS
40 Exchange Place, 20th Floor
New York, NY 10005
(212) 485-9600
VALLEY STREAM UNION FREE SCHOOL DISTRICT 13
585 N. Corona Avenue
Valley Stream, New York 11580
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------------------------------------------------------------X
FRANK POLIZZI, Index No.: 726750/2022
Plaintiff, VERIFIED ANSWER TO
VERIFIED COMPLAINT
-against-
SIMAREN CORP., WISDOM PROTECTIVE,
NAEEM LAMAR MATHIS,VALLEY STREAM UNION
FREE SCHOOL DISTRICT 13, VALLEY STREAM
CENTRAL HIGH SCHOOL DISTRICT,
and VALLEY STREAM NORTH HIGH SCHOOL,
Defendants.
------------------------------------·- ----------------------- ·-------X
Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, by their
attorneys, BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC, as and for its Verified
Answer to plaintiffs Verified Complaint alleges as follows upon information and belief:
AS AND FOR AN ANSWER TO THE COMMON ALLEGATIONS
FIRST: Denies having knowledge or information sufficient to form a belief as to
each and every allegation contained in paragraphs designated "1", "2", "3", "4", "6", "7, "8", "9",
"10", "11", "12", "13", "14", "15", "16", "17'', "18", "19", "20", "21", "22", "23", "24", "25",
"27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42",
"43", "44", "45", "46", "51 ", "52", "53", "54", "55", "56", "57'', "58", "59", "60", "61", "62",
"63", "64", "65", "66", "67'', "68", "69", "70", "72", "73", "74", "75", "76", "77", "78", "79",
"80", "81", "82", "83", "84", "85", "86", "87'', "88", "131", "132", "133", "135", "136", "137",
"138", "139", "140", "141", "142", and "154" of the Verified Complaint.
SECOND: Denies each and every allegation contained in paragraphs designated "5",
"26", "47", "48", "49", "50", "71", "94", and "100" of the Verified Complaint.
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THIRD: Denies upon information and belief each and every allegation contained in
paragraph designated "91", "93", "95", "96", "97", "98", "99", "101", "102", "103", "104", "105",
"106", "107'', "108", "109", "134", "143", "144", "145", "146", "147", and "152" of the Verified
Complaint and respectfully refers all questions of law to this Honorable Court.
FOURTH: Denies each and every allegation contained in paragraphs designated "11O",
"111", "112", "113", "114", "115", "116", "117", "118", "119", "120 ", "121", "122", "123",
"124", "125" ,"126", "127", 128", "129", and "130" as VALLEY STREAM NORTH HIGH
SCHOOL is a building, not a legal entity.
FIFTH: Denies upon information and belief each and every allegation contained in
paragraph "148" of the Verified Complaint, except admits "Plaintiff caused a Notice of Claim" to
be served upon the municipal Defendants."
AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION
SIXTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT,
repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1"
through "154" as if more specifically set forth in answer to paragraph designated "155" of the
Verified Complaint and each and every part thereof.
SEVENTH: Denies having knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraphs designated "156", "157", "158", "159", "160", and
"161" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION
EIGHTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT,
repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "l"
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through "161" as if more specifically set forth in answer to paragraph designated "162" of the
Verified Complaint and each and every part thereof.
NINTH: Denies having knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraphs designated "163", "164", "165", "166", "167", and
"168" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION
TENTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT,
repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1"
through "168" of the Verified Complaint as if more specifically set forth in answer to paragraph
designated "169" of the Verified Complaint and each and every part thereof.
ELEVENTH: Denies having knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraphs designated "170", "171", "172", "173", "174", and
"175"of the Verified Complaint.
AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION
TWELFTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT,
repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "l"
through "175" as if more specifically set forth in answer to paragraph designated "176" of the
Verified Complaint and each and every part thereof.
THIRTEENTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "177", "178", "179", "180",
"181", and "182" of the Verified Complaint.
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AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION
FOURTEENTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "l" through "182" as if more specifically set forth in answer to paragraph designated
"183" of the Verified Complaint and each and every part thereof.
FIFTEENTH: Denies upon information and belief each and every allegation contained in
paragraphs designated "184", "185", "186", "187", and "188" of the Verified Complaint and
respectfully refers all questions of law to this Honorable Court.
SIXTEENTH: Denies having knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraphs designated "189" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION
SEVENTEENTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "189" as if more specifically set forth in answer to paragraph designated
"190" of the Verified Complaint and each and every part thereof.
EIGHTEENTH: Denies each and every allegation contained in paragraphs
designated "19 1", "192", "193", "194", and "195" as VALLEY STREAM NORTH HIGH
SCHOOL is a building, not a legal entity.
NINETEENTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraph designated "196" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION
TWENTIETH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
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designated "1" through "196" as if more specifically set forth in answer to paragraph designated
"197" of the Verified Complaint and each and every part thereof.
TWENTY-FIRST: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "198", "199", and "200" of the
Verified Complaint.
AS AND FOR AN ANSWER TO THE EIGHTH CAUSE OF ACTION
TWENTY-SECOND: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "200" as if more specifically set forth in answer to paragraph designated
"201" of the Verified Complaint and each and every part thereof.
TWENTY-THIRD: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "202", "203", and "204" of the
Verified Complaint.
AS AND FOR AN ANSWER TO THE NINTH CAUSE OF ACTION
TWENTY-FOURTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "204" as if more specifically set forth in answer to paragraph designated
"205" of the Verified Complaint and each and every part thereof.
TWENTY-FIFTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "206", "207", and "208" of the
Verified Complaint.
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AS AND FOR AN ANSWER TO THE TENTH CAUSE OF ACTION
TWENTY-SIXTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "208" as if more specifically set forth in answer to paragraph designated
"209" of the Verified Complaint and each and every part thereof.
TWENTY-SEVENTH: Denies having knowledge or information sufficient to form a
belief as to each and every allegation contained in paragraphs designated "21O", "211", and "212"
of the Verified Complaint.
AS AND FOR AN ANSWER TO THE ELEVENTH CAUSE OF ACTION
TWENTY-EIGTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "208" as if more specifically set forth in answer to paragraph designated
"209" of the Verified Complaint and each and every part thereof.
TWENTY-NINTH: Denies upon information and belief each and every allegation
contained in paragraphs designated "214" and "215" of the Verified Complaint and respectfully
refers all questions of law to this Honorable Court.
THIRTIETH: Denies having knowledge or information sufficient to form a belief as to each
and every allegation contained in paragraph designated "216" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE TWELFTH CAUSE OF ACTION
THIRTY-FIRST: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "216" as if more specifically set forth in answer to paragraph designated
"217" of the Verified Complaint and each and every part thereof.
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THIRTY-SECOND: Denies each and every allegation contained in paragraphs
designated "218" and "219" as VALLEY STREAM NORTH HIGH SCHOOL is a building, not
a legal entity.
THIRTY-THIRD: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraph designated "220" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE TIDRTEENTH CAUSE OF ACTION
THIRTY-FOURTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "220" as if more specifically set forth in answer to paragraph designated
"221" of the Verified Complaint and each and every part thereof.
THIRTY-FIFTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "222" and "223" of the Verified
Complaint.
AS AND FOR AN ANSWER TO THE FOURTEENTH CAUSE OF ACTION
THIRTY-SIXTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "223" as if more specifically set forth in answer to paragraph designated
"224" of the Verified Complaint and each and every part thereof.
THIRTY-SEVENTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "225" and "226" of the Verified
Complaint.
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AS AND FOR AN ANSWER TO THE FIFTEENTH CAUSE OF ACTION
THIRTY-EIGHTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "226" as if more specifically set forth in answer to paragraph designated
"227" of the Verified Complaint and each and every part thereof.
THIRTY-NINTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "228" and "229" of the Verified
Complaint.
AS AND FOR AN ANSWER TO THE SIXTEENTH CAUSE OF ACTION
FORTIETH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT,
repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1"
through "229" as if more specifically set forth in answer to paragraph designated "230" of the
Verified Complaint and each and every part thereof.
FORTY-FIRST: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraphs designated "231" and "232" of the Verified
Complaint.
AS AND FOR AN ANSWER TO THE SEVENTEENTH CAUSE OF ACTION
FORTY-SECOND: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "232" as if more specifically set forth in answer to paragraph designated
"233" of the Verified Complaint and each and every part thereof.
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FORTY-THIRD: Denies upon information and belief each and every allegation
contained in paragraph designated "234" of the Verified Complaint and respectfully refers all
questions of law to this Honorable Court.
FORTY-FOURTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraph designated "235" of the Verified Complaint.
AS AND FOR AN ANSWER TO THE EIGHTEENTH CAUSE OF ACTION
FORTY-FIFTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs
designated "1" through "216" as if more specifically set forth in answer to paragraph designated
"217" of the Verified Complaint and each and every part thereof.
FORTY-SIXTH: Denies each and every allegation contained in paragraphs
designated "218" and "219"as VALLEY STREAM NORTH HIGH SCHOOL is a building, not a
legal entity.
FORTY-SEVENTH: Denies having knowledge or information sufficient to form a belief
as to each and every allegation contained in paragraph designated "220" of the Verified Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
FORTY-EIGHTH: Upon information and belief, the injuries and damages alleged by
the plaintiff were caused by an intervening and/or superseding act(s) of plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FORTY-NINTH: Upon information and belief, the injuries and damages alleged by
the plaintiff were caused by an intervening and/or superseding act(s) of plaintiff or of some other
person, persons, or entity.
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AS AND FOR A THIRD AFFIRMATIVE DEFENSE
FIFTIETH: Upon information and belief, future costs and/or expenses incurred, or to be
incurred by the plaintiff, for medical care, dental care, custodial care or rehabilitative services, loss
of earnings and/or other economic loss, has been, or with reasonable certainty will be, replaced or
indemnified in whole or in part from a collateral source as defined in §4545 (c) of the New York
Civil Practice Law and Rules.
FIFTY-FIRST: If any damages are recoverable against these answering defendants,
the amount of such damages shall be diminished by the amount of the funds which plaintiff has or
shall receive from such collateral source.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
FIFTY-SECOND: That the Verified Complaint fails to state a valid cause of action as
against the answering defendant.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
FIFTY-THIRD: That the plaintiff failed to take reasonable and proper steps to
mitigate his injuries in the subject matter and his damages must be reduced accordingly.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
FIFTY-FOURTH: Pursuant to CPLR 1603, the answering defendant asserts the
limitations contained in CPLR 1601 and 1602 and all rights contained therein.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
FIFTY-FIFTH: That the personal injuries and/or damages alleged to have been
sustained by the plaintiff were caused entirely or in part through the culpable conduct of the
plaintiff, without any negligence on the part of the answering defendant and the answering
defendant seeks a dismissal or reduction in any recovery that may be had by the plaintiff in the
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proportion which the culpable conduct, attributable to the plaintiff, bears to the entire measure of
responsibility for the occurrence.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
FIFTY-SIXTH: Upon information and belief, the injuries and damages alleged were
caused entirely or in part through the culpable conduct of persons other than the answering
defendant and whom the answering defendant does not manage, control, direct, supervise or
employ, and the answering defendant seeks a dismissal or reduction in any recovery that may be
had by the plaintiff in proportion which the culpable conduct, attributable to these other persons,
bears to the entire measure of responsibility for the occurrence.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
FIFTY-SIXTH: That this answering defendant had no breach of duty.
AS AND FOR A CROSS COMPLAINT OVER AND AGAINST THE CO-DEFENDANTS,
SIMAREN CORP., WISDOM PROTECTIVE, and NAEEM LAMAR MATHIS,
THIS DEFENDANT, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT,
ALLEGES UPON INFORMATION AND BELIEF
FIFTY-SEVENTH: That if the plaintiff was caused to sustain personal injuries and
resulting damages at the time and place set forth in the plaintiffs Verified Complaint and in the
manner alleged therein, through any carelessness, recklessness, acts, omissions, negligence and/or
breaches of duty and/or warranty and/or contract, other than of the plaintiff, then the said injuries
and damages arose out of the several and joint carelessness, recklessness, acts, omissions,
negligence and breaches of duty and/or obligation and/or Statute and/or Warranty and/or contract
in fact or implied in law, upon the part of the co-defendants, SIMAREN CORP., WISDOM
PROTECTIVE, and NAEEM LAMAR MATHIS, with indemnification and save harmless
agreement and/or responsibility by them in fact and/or implied in law and without any breaches or
any negligence of the answering defendant contributing thereto; and if the answering defendant is
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found liable as to the plaintiff for the injuries and damages as set forth in the plaintiffs Verified
Complaint, then, and in that event, the relative responsibilities of all said defendants in fairness
must be apportioned by a separate determination in view of the existing factual disparity, and the
said co-defendants herein will be liable over jointly and severally to the answering defendant and
bound to fully indemnify and hold the answering defendant harmless for the full amount of any
verdict or judgment that the plaintiff herein may recover against the answering defendant in this
action, including all costs of investigation, disbursements, expenses and attorney's fees incurred
in the defense of this action and in the conduct of this cross complaint.
WHEREFORE, the defendant, VALLEY STREAM CENTRAL HIGH SCHOOL
DISTRICT, demands judgment dismissing the plaintiffs Verified Complaint on the merits; and if
the plaintiff, FRANK POLIZZI, is found to have contributed to the accident or damages, that any
damages be reduced in proportion to which the plaintiff may be found to have so contributed to
the accident or damages and further demands judgment over and against the co-defendants,
SIMAREN CORP., WISDOM PROTECTIVE, and NAEEM LAMAR MATHIS, on the cross
claim, for the amount of any judgment obtained against the answering defendant by plaintiff or
any other party or on the basis of the apportionment of responsibility in such amounts as a jury or
Court may direct together with the costs, disbursements and expenses of this action including
attorney's fees.
Dated: Mineola, New York
February 9, 2023
By:
THOMAS A. MONTIGLIO, ESQ.
BONGIORNO, MONTIGLIO, MITCHELL &
PALMIERI, PLLC
Attorneys for Defendant
VALLEY STREAM CENTRAL
HIGH SCHOOL DISTRICT
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200 Old Country Road, Suite 680
Mineola, New York 11501
(516) 620-4490
Our File No.: WRM 023721 TAM
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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FRANK POLIZZI, Index No.: 726750/2022
Plaintiff,
VERIFICATION
-against-
SIMAREN CORP., WISDOM PROTECTIVE,
NAEEM LAMAR MATHIS,VALLEY STREAM UNION
FREE SCHOOL DISTRICT 13, VALLEY STREAM
CENTRAL HIGH SCHOOL DISTRICT,
and VALLEY STREAM NORTH HIGH SCHOOL,
Defendants.
----------------------------------------------------------------------X
STATE OF NEW YORK )
SS.:
COUNTY OF )
Dr. Wayne R. Loper, being duly sworn says: I am the Superintendent of Schools for
VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, a defendant in this action; I have read
the annexed Answer to Verified Complaint, know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be all ge upon information and belief,
and as to those matters I believe them to be true.
Sworn to before me this C/(A
day of February, 2023
CHANTAL LEFEVRE
NOTANY PU�LIC, snn: OF NEW YORK
Regl1tr1tion No. 0 I U:633SOlh
NOTARY PUBLIC Qualified in New York Counly
Commission Expires March 07, 2024
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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FRANK POLIZZI, Index No.: 726750/2022
Plaintiff,
DEMAND FOR A VERIFIED
-against- BILL OF PARTICULARS
SIMAREN CORP., WISDOM PROTECTIVE,
NAEEM LAMAR MATHIS,VALLEY STREAM UNION
FREE SCHOOL DISTRICT 13, VALLEY STREAM
CENTRAL HIGH SCHOOL DISTRICT,
and VALLEY STREAM NORTH HIGH SCHOOL,
Defendants.
-------------------------------------------·--------------------------X
PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3041 to 3044, plaintiff is required to
serve upon the undersigned, within 30 days hereof, a Verified Bill of Particulars concerning the
following matters:
1. The date, time and location of the occurrence.
2. Detailed description of each injury sustained.
3. Each injury claimed to have resulted in a permanent disability and describe the nature
and degree of disability.
4. The periods of a) total disability; b) partial disability.
5. Length of time confined to: a) bed; b) home; c) hospitals.
6. The name of every hospital, clinic or institution where any treatment or examination
was rendered, and dates of admission and discharge.
7. Name and address of each employer; if self-employed state nature of self-employment
and business address.
8. Length of time incapacitated from employment.
9. The position held and/or type of work performed by each plaintiff.
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10. Amounts claimed as lost earnings, including detailed statement as to how such lost
earnings were computed.
11. If any plaintiff was a student, give the name and address of the school attended and
the length of time incapacitated from attending said school.
12. Separately state amounts claimed for:
a) Physicians' services
b) Medications, supplies and x-rays
c) Nurse, therapist and chiropractic services
d) Hospital expenses
e) Any other related expenses, identify and detail.
13. The residence address, date of birth and social security number of each plaintiff.
14. If the occurrence took place in the interior of premises, give floor number, room, stair,
aisle or other detail sufficient to locate the accident site; if upon a sidewalk or exterior
of premises, the distance from the curb and building line and other fixed object.
15. Describe in detail how it is claimed the incident occurred.
16. All the acts and/or omissions constituting the negligence of this answering
defendant and codefendants.
17. Any and all laws, rules, regulations, policies and ordinances that are claimed to be
either applicable to the occurrence or are claimed to have been violated by each
defendant.
Dated: Mineola, New York
February 9, 2022
BONGIORNO, MONTIGLIO, MITCHELL &
PALMIERI, PLLC
Attorneys for Defendant
VALLEY STREAM CENTRAL
HIGH SCHOOL DISTRICT
200 Old Country Road, Suite 680
Mineola, New York 11501
(516) 620-4490
Our File No.: WRM 023721 TAM
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------·------------------------------------------------X
FRANK POLIZZI, Index No.: 726750/2022
Plaintiff, NOTICE FOR DISCOVERY
AND INSPECTION
-against-
SIMAREN CORP., WISDOM PROTECTIVE,
NAEEM LAMAR MATHIS,VALLEY STREAM UNION
FREE SCHOOL DISTRICT 13, VALLEY STREAM
CENTRAL HIGH SCHOOL DISTRICT,
and VALLEY STREAM NORTH HIGH SCHOOL,
Defendants.
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PLEASE TAKE NOTICE that the undersigned hereby demands that the plaintiff is to produce
for discovery and inspection with leave to photocopy, at the office of the undersigned within twenty
(20) days the following:
1. The names and addresses of all persons who were eyewitnesses to the occurrence.
(Zellman v. Metropolitan Transit Authority 40 AD2d 248)
2. The names and addresses of all persons who will testify on the issue of notice, actual
or constructive, concerning the condition of the premises as alleged in the Complaint.
(Zayas v. Morales, 45 AD2d 610)
3. Any written or recorded statement taken of this party or its agents, servants, employees
or representatives by any party or any party's representative.
4. All photographs, which any party will allege fairly and accurately depict the
condition of the premises at the time and place of the happening of the occurrence.
5. All photographs, which any party will allege fairly and accurately depict the condition
of the plaintiff following this accident.
6. A duly executed authorization to obtain copies of the infant plaintiffs scholastic
records.
7. Copies of any correspondence between the parties regarding this accident or the events
leading up to this accident.
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8. All writings and/or documents made by the defendant, including but not limited to
bills, records and any other memoranda in the possession or control of the plaintiff, or
plaintiffs representative and/or attorneys.
Dated: Mineola, New York
February 7, 2022
BONGIORNO, MONTIGLIO, MITCHELL &
PALMIERI, PLLC
Attorneys for Defendant
VALLEY STREAM CENTRAL
HIGH SCHOOL DISTRICT
200 Old Country Road, Suite 680
Mineola, New York 11501
(516) 620-4490
Our File No.: WRM 023721 TAM
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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FRANK POLIZZI, Index No.: 726750/2022
Plaintiff,
DEMAND FOR EXPERT
-against- WITNESS INFORMATION
SIMAREN CORP., WISDOM PROTECTIVE,
NAEEM LAMAR MATHIS,VALLEY STREAM UNION
FREE SCHOOL DISTRICT 13, VALLEY S
Preview
FILED: QUEENS COUNTY CLERK 03/02/2023 04:30 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 03/02/2023 EXHIBIT B FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X FRANK POLIZZI, Index No.: 726750/2022 Plaintiff, CERTIFICATION PURSUANT TO PART 130 -against- SIMAREN CORP., WISDOM PROTECTIVE, NAEEM LAMAR MATHIS,VALLEY STREAM UNION FREE SCHOOL DISTRICT 13, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, and VALLEY STREAM NORTH HIGH SCHOOL, Defendants. -----------------------------------------------------------------------X The accompanying papers are served/filed/submitted pursuant to Section 130-1.1-a: 0 Verified Answer 0 Demand for a Verified Bill of Particulars 0 Notice for Discovery & Inspection 0 Demand for Expert Witness Information 0 Notice re: Medicals 0 Demand for Collateral Sour�es 0 Demand for Medicaid/Medicare Info 0 Demand Pursuant to CPLR 3017(c) 0 Declination of Service Via Electronic 0 Notice to Take Deposition 0 Demand for Plaintiffs Insurance 0 Demand for Defendant's Insurance 0 Demand Attorney Identification 0 Demand for Lien Information 0 Demand to Change Venue 0 Demand for Litigation Funding 1 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 Dated: Mineola, New York February 9, 2023 By: BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendant VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT 200 Old Country Road, Suite 680 Mineola, New York 11501 (516) 620-4490 Our File No.: WRM 023721 TAM TO: ROTH & KHALIFE, LLP Attorneys for Plaintiff 14 Wall Street, Suite 1603 New York, New York 10005 (212) 608-3015 KAUFMAN DOLOWICH & VOLUCK, LLP Attorneys for Defendants SIMAREN CORP., WISDOM PROTECTIVE, And NAEEM LAMAR MATHIS 40 Exchange Place, 20th Floor New York, NY 10005 (212) 485-9600 VALLEY STREAM UNION FREE SCHOOL DISTRICT 13 585 N. Corona Avenue Valley Stream, New York 11580 2 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X FRANK POLIZZI, Index No.: 726750/2022 Plaintiff, VERIFIED ANSWER TO VERIFIED COMPLAINT -against- SIMAREN CORP., WISDOM PROTECTIVE, NAEEM LAMAR MATHIS,VALLEY STREAM UNION FREE SCHOOL DISTRICT 13, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, and VALLEY STREAM NORTH HIGH SCHOOL, Defendants. ------------------------------------·- ----------------------- ·-------X Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, by their attorneys, BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC, as and for its Verified Answer to plaintiffs Verified Complaint alleges as follows upon information and belief: AS AND FOR AN ANSWER TO THE COMMON ALLEGATIONS FIRST: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "1", "2", "3", "4", "6", "7, "8", "9", "10", "11", "12", "13", "14", "15", "16", "17'', "18", "19", "20", "21", "22", "23", "24", "25", "27", "28", "29", "30", "31", "32", "33", "34", "35", "36", "37", "38", "39", "40", "41", "42", "43", "44", "45", "46", "51 ", "52", "53", "54", "55", "56", "57'', "58", "59", "60", "61", "62", "63", "64", "65", "66", "67'', "68", "69", "70", "72", "73", "74", "75", "76", "77", "78", "79", "80", "81", "82", "83", "84", "85", "86", "87'', "88", "131", "132", "133", "135", "136", "137", "138", "139", "140", "141", "142", and "154" of the Verified Complaint. SECOND: Denies each and every allegation contained in paragraphs designated "5", "26", "47", "48", "49", "50", "71", "94", and "100" of the Verified Complaint. 3 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 THIRD: Denies upon information and belief each and every allegation contained in paragraph designated "91", "93", "95", "96", "97", "98", "99", "101", "102", "103", "104", "105", "106", "107'', "108", "109", "134", "143", "144", "145", "146", "147", and "152" of the Verified Complaint and respectfully refers all questions of law to this Honorable Court. FOURTH: Denies each and every allegation contained in paragraphs designated "11O", "111", "112", "113", "114", "115", "116", "117", "118", "119", "120 ", "121", "122", "123", "124", "125" ,"126", "127", 128", "129", and "130" as VALLEY STREAM NORTH HIGH SCHOOL is a building, not a legal entity. FIFTH: Denies upon information and belief each and every allegation contained in paragraph "148" of the Verified Complaint, except admits "Plaintiff caused a Notice of Claim" to be served upon the municipal Defendants." AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION SIXTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "154" as if more specifically set forth in answer to paragraph designated "155" of the Verified Complaint and each and every part thereof. SEVENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "156", "157", "158", "159", "160", and "161" of the Verified Complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION EIGHTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "l" 4 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 through "161" as if more specifically set forth in answer to paragraph designated "162" of the Verified Complaint and each and every part thereof. NINTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "163", "164", "165", "166", "167", and "168" of the Verified Complaint. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION TENTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "168" of the Verified Complaint as if more specifically set forth in answer to paragraph designated "169" of the Verified Complaint and each and every part thereof. ELEVENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "170", "171", "172", "173", "174", and "175"of the Verified Complaint. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION TWELFTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "l" through "175" as if more specifically set forth in answer to paragraph designated "176" of the Verified Complaint and each and every part thereof. THIRTEENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "177", "178", "179", "180", "181", and "182" of the Verified Complaint. 5 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION FOURTEENTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "l" through "182" as if more specifically set forth in answer to paragraph designated "183" of the Verified Complaint and each and every part thereof. FIFTEENTH: Denies upon information and belief each and every allegation contained in paragraphs designated "184", "185", "186", "187", and "188" of the Verified Complaint and respectfully refers all questions of law to this Honorable Court. SIXTEENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "189" of the Verified Complaint. AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION SEVENTEENTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "189" as if more specifically set forth in answer to paragraph designated "190" of the Verified Complaint and each and every part thereof. EIGHTEENTH: Denies each and every allegation contained in paragraphs designated "19 1", "192", "193", "194", and "195" as VALLEY STREAM NORTH HIGH SCHOOL is a building, not a legal entity. NINETEENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated "196" of the Verified Complaint. AS AND FOR AN ANSWER TO THE SEVENTH CAUSE OF ACTION TWENTIETH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs 6 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 designated "1" through "196" as if more specifically set forth in answer to paragraph designated "197" of the Verified Complaint and each and every part thereof. TWENTY-FIRST: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "198", "199", and "200" of the Verified Complaint. AS AND FOR AN ANSWER TO THE EIGHTH CAUSE OF ACTION TWENTY-SECOND: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "200" as if more specifically set forth in answer to paragraph designated "201" of the Verified Complaint and each and every part thereof. TWENTY-THIRD: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "202", "203", and "204" of the Verified Complaint. AS AND FOR AN ANSWER TO THE NINTH CAUSE OF ACTION TWENTY-FOURTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "204" as if more specifically set forth in answer to paragraph designated "205" of the Verified Complaint and each and every part thereof. TWENTY-FIFTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "206", "207", and "208" of the Verified Complaint. 7 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 AS AND FOR AN ANSWER TO THE TENTH CAUSE OF ACTION TWENTY-SIXTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "208" as if more specifically set forth in answer to paragraph designated "209" of the Verified Complaint and each and every part thereof. TWENTY-SEVENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "21O", "211", and "212" of the Verified Complaint. AS AND FOR AN ANSWER TO THE ELEVENTH CAUSE OF ACTION TWENTY-EIGTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "208" as if more specifically set forth in answer to paragraph designated "209" of the Verified Complaint and each and every part thereof. TWENTY-NINTH: Denies upon information and belief each and every allegation contained in paragraphs designated "214" and "215" of the Verified Complaint and respectfully refers all questions of law to this Honorable Court. THIRTIETH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated "216" of the Verified Complaint. AS AND FOR AN ANSWER TO THE TWELFTH CAUSE OF ACTION THIRTY-FIRST: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "216" as if more specifically set forth in answer to paragraph designated "217" of the Verified Complaint and each and every part thereof. 8 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 THIRTY-SECOND: Denies each and every allegation contained in paragraphs designated "218" and "219" as VALLEY STREAM NORTH HIGH SCHOOL is a building, not a legal entity. THIRTY-THIRD: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated "220" of the Verified Complaint. AS AND FOR AN ANSWER TO THE TIDRTEENTH CAUSE OF ACTION THIRTY-FOURTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "220" as if more specifically set forth in answer to paragraph designated "221" of the Verified Complaint and each and every part thereof. THIRTY-FIFTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "222" and "223" of the Verified Complaint. AS AND FOR AN ANSWER TO THE FOURTEENTH CAUSE OF ACTION THIRTY-SIXTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "223" as if more specifically set forth in answer to paragraph designated "224" of the Verified Complaint and each and every part thereof. THIRTY-SEVENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "225" and "226" of the Verified Complaint. 9 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 AS AND FOR AN ANSWER TO THE FIFTEENTH CAUSE OF ACTION THIRTY-EIGHTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "226" as if more specifically set forth in answer to paragraph designated "227" of the Verified Complaint and each and every part thereof. THIRTY-NINTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "228" and "229" of the Verified Complaint. AS AND FOR AN ANSWER TO THE SIXTEENTH CAUSE OF ACTION FORTIETH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "229" as if more specifically set forth in answer to paragraph designated "230" of the Verified Complaint and each and every part thereof. FORTY-FIRST: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraphs designated "231" and "232" of the Verified Complaint. AS AND FOR AN ANSWER TO THE SEVENTEENTH CAUSE OF ACTION FORTY-SECOND: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "232" as if more specifically set forth in answer to paragraph designated "233" of the Verified Complaint and each and every part thereof. 10 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 FORTY-THIRD: Denies upon information and belief each and every allegation contained in paragraph designated "234" of the Verified Complaint and respectfully refers all questions of law to this Honorable Court. FORTY-FOURTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated "235" of the Verified Complaint. AS AND FOR AN ANSWER TO THE EIGHTEENTH CAUSE OF ACTION FORTY-FIFTH: Defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, repeats, reiterates, and realleges each and every denial in answer to the paragraphs designated "1" through "216" as if more specifically set forth in answer to paragraph designated "217" of the Verified Complaint and each and every part thereof. FORTY-SIXTH: Denies each and every allegation contained in paragraphs designated "218" and "219"as VALLEY STREAM NORTH HIGH SCHOOL is a building, not a legal entity. FORTY-SEVENTH: Denies having knowledge or information sufficient to form a belief as to each and every allegation contained in paragraph designated "220" of the Verified Complaint. AS AND FOR A FIRST AFFIRMATIVE DEFENSE FORTY-EIGHTH: Upon information and belief, the injuries and damages alleged by the plaintiff were caused by an intervening and/or superseding act(s) of plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE FORTY-NINTH: Upon information and belief, the injuries and damages alleged by the plaintiff were caused by an intervening and/or superseding act(s) of plaintiff or of some other person, persons, or entity. 11 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 AS AND FOR A THIRD AFFIRMATIVE DEFENSE FIFTIETH: Upon information and belief, future costs and/or expenses incurred, or to be incurred by the plaintiff, for medical care, dental care, custodial care or rehabilitative services, loss of earnings and/or other economic loss, has been, or with reasonable certainty will be, replaced or indemnified in whole or in part from a collateral source as defined in §4545 (c) of the New York Civil Practice Law and Rules. FIFTY-FIRST: If any damages are recoverable against these answering defendants, the amount of such damages shall be diminished by the amount of the funds which plaintiff has or shall receive from such collateral source. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE FIFTY-SECOND: That the Verified Complaint fails to state a valid cause of action as against the answering defendant. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE FIFTY-THIRD: That the plaintiff failed to take reasonable and proper steps to mitigate his injuries in the subject matter and his damages must be reduced accordingly. AS AND FOR A SIXTH AFFIRMATIVE DEFENSE FIFTY-FOURTH: Pursuant to CPLR 1603, the answering defendant asserts the limitations contained in CPLR 1601 and 1602 and all rights contained therein. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE FIFTY-FIFTH: That the personal injuries and/or damages alleged to have been sustained by the plaintiff were caused entirely or in part through the culpable conduct of the plaintiff, without any negligence on the part of the answering defendant and the answering defendant seeks a dismissal or reduction in any recovery that may be had by the plaintiff in the 12 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 proportion which the culpable conduct, attributable to the plaintiff, bears to the entire measure of responsibility for the occurrence. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE FIFTY-SIXTH: Upon information and belief, the injuries and damages alleged were caused entirely or in part through the culpable conduct of persons other than the answering defendant and whom the answering defendant does not manage, control, direct, supervise or employ, and the answering defendant seeks a dismissal or reduction in any recovery that may be had by the plaintiff in proportion which the culpable conduct, attributable to these other persons, bears to the entire measure of responsibility for the occurrence. AS AND FOR A NINTH AFFIRMATIVE DEFENSE FIFTY-SIXTH: That this answering defendant had no breach of duty. AS AND FOR A CROSS COMPLAINT OVER AND AGAINST THE CO-DEFENDANTS, SIMAREN CORP., WISDOM PROTECTIVE, and NAEEM LAMAR MATHIS, THIS DEFENDANT, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, ALLEGES UPON INFORMATION AND BELIEF FIFTY-SEVENTH: That if the plaintiff was caused to sustain personal injuries and resulting damages at the time and place set forth in the plaintiffs Verified Complaint and in the manner alleged therein, through any carelessness, recklessness, acts, omissions, negligence and/or breaches of duty and/or warranty and/or contract, other than of the plaintiff, then the said injuries and damages arose out of the several and joint carelessness, recklessness, acts, omissions, negligence and breaches of duty and/or obligation and/or Statute and/or Warranty and/or contract in fact or implied in law, upon the part of the co-defendants, SIMAREN CORP., WISDOM PROTECTIVE, and NAEEM LAMAR MATHIS, with indemnification and save harmless agreement and/or responsibility by them in fact and/or implied in law and without any breaches or any negligence of the answering defendant contributing thereto; and if the answering defendant is 13 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 found liable as to the plaintiff for the injuries and damages as set forth in the plaintiffs Verified Complaint, then, and in that event, the relative responsibilities of all said defendants in fairness must be apportioned by a separate determination in view of the existing factual disparity, and the said co-defendants herein will be liable over jointly and severally to the answering defendant and bound to fully indemnify and hold the answering defendant harmless for the full amount of any verdict or judgment that the plaintiff herein may recover against the answering defendant in this action, including all costs of investigation, disbursements, expenses and attorney's fees incurred in the defense of this action and in the conduct of this cross complaint. WHEREFORE, the defendant, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, demands judgment dismissing the plaintiffs Verified Complaint on the merits; and if the plaintiff, FRANK POLIZZI, is found to have contributed to the accident or damages, that any damages be reduced in proportion to which the plaintiff may be found to have so contributed to the accident or damages and further demands judgment over and against the co-defendants, SIMAREN CORP., WISDOM PROTECTIVE, and NAEEM LAMAR MATHIS, on the cross claim, for the amount of any judgment obtained against the answering defendant by plaintiff or any other party or on the basis of the apportionment of responsibility in such amounts as a jury or Court may direct together with the costs, disbursements and expenses of this action including attorney's fees. Dated: Mineola, New York February 9, 2023 By: THOMAS A. MONTIGLIO, ESQ. BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendant VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT 14 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 200 Old Country Road, Suite 680 Mineola, New York 11501 (516) 620-4490 Our File No.: WRM 023721 TAM 15 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -------------------------------------------------------------------X FRANK POLIZZI, Index No.: 726750/2022 Plaintiff, VERIFICATION -against- SIMAREN CORP., WISDOM PROTECTIVE, NAEEM LAMAR MATHIS,VALLEY STREAM UNION FREE SCHOOL DISTRICT 13, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, and VALLEY STREAM NORTH HIGH SCHOOL, Defendants. ----------------------------------------------------------------------X STATE OF NEW YORK ) SS.: COUNTY OF ) Dr. Wayne R. Loper, being duly sworn says: I am the Superintendent of Schools for VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, a defendant in this action; I have read the annexed Answer to Verified Complaint, know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be all ge upon information and belief, and as to those matters I believe them to be true. Sworn to before me this C/(A day of February, 2023 CHANTAL LEFEVRE NOTANY PU�LIC, snn: OF NEW YORK Regl1tr1tion No. 0 I U:633SOlh NOTARY PUBLIC Qualified in New York Counly Commission Expires March 07, 2024 16 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------------------------------------------------------------X FRANK POLIZZI, Index No.: 726750/2022 Plaintiff, DEMAND FOR A VERIFIED -against- BILL OF PARTICULARS SIMAREN CORP., WISDOM PROTECTIVE, NAEEM LAMAR MATHIS,VALLEY STREAM UNION FREE SCHOOL DISTRICT 13, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, and VALLEY STREAM NORTH HIGH SCHOOL, Defendants. -------------------------------------------·--------------------------X PLEASE TAKE NOTICE, that pursuant to C.P.L.R. 3041 to 3044, plaintiff is required to serve upon the undersigned, within 30 days hereof, a Verified Bill of Particulars concerning the following matters: 1. The date, time and location of the occurrence. 2. Detailed description of each injury sustained. 3. Each injury claimed to have resulted in a permanent disability and describe the nature and degree of disability. 4. The periods of a) total disability; b) partial disability. 5. Length of time confined to: a) bed; b) home; c) hospitals. 6. The name of every hospital, clinic or institution where any treatment or examination was rendered, and dates of admission and discharge. 7. Name and address of each employer; if self-employed state nature of self-employment and business address. 8. Length of time incapacitated from employment. 9. The position held and/or type of work performed by each plaintiff. 17 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 10. Amounts claimed as lost earnings, including detailed statement as to how such lost earnings were computed. 11. If any plaintiff was a student, give the name and address of the school attended and the length of time incapacitated from attending said school. 12. Separately state amounts claimed for: a) Physicians' services b) Medications, supplies and x-rays c) Nurse, therapist and chiropractic services d) Hospital expenses e) Any other related expenses, identify and detail. 13. The residence address, date of birth and social security number of each plaintiff. 14. If the occurrence took place in the interior of premises, give floor number, room, stair, aisle or other detail sufficient to locate the accident site; if upon a sidewalk or exterior of premises, the distance from the curb and building line and other fixed object. 15. Describe in detail how it is claimed the incident occurred. 16. All the acts and/or omissions constituting the negligence of this answering defendant and codefendants. 17. Any and all laws, rules, regulations, policies and ordinances that are claimed to be either applicable to the occurrence or are claimed to have been violated by each defendant. Dated: Mineola, New York February 9, 2022 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendant VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT 200 Old Country Road, Suite 680 Mineola, New York 11501 (516) 620-4490 Our File No.: WRM 023721 TAM 18 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------·------------------------------------------------X FRANK POLIZZI, Index No.: 726750/2022 Plaintiff, NOTICE FOR DISCOVERY AND INSPECTION -against- SIMAREN CORP., WISDOM PROTECTIVE, NAEEM LAMAR MATHIS,VALLEY STREAM UNION FREE SCHOOL DISTRICT 13, VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, and VALLEY STREAM NORTH HIGH SCHOOL, Defendants. -----------------------------------------------------------------------X PLEASE TAKE NOTICE that the undersigned hereby demands that the plaintiff is to produce for discovery and inspection with leave to photocopy, at the office of the undersigned within twenty (20) days the following: 1. The names and addresses of all persons who were eyewitnesses to the occurrence. (Zellman v. Metropolitan Transit Authority 40 AD2d 248) 2. The names and addresses of all persons who will testify on the issue of notice, actual or constructive, concerning the condition of the premises as alleged in the Complaint. (Zayas v. Morales, 45 AD2d 610) 3. Any written or recorded statement taken of this party or its agents, servants, employees or representatives by any party or any party's representative. 4. All photographs, which any party will allege fairly and accurately depict the condition of the premises at the time and place of the happening of the occurrence. 5. All photographs, which any party will allege fairly and accurately depict the condition of the plaintiff following this accident. 6. A duly executed authorization to obtain copies of the infant plaintiffs scholastic records. 7. Copies of any correspondence between the parties regarding this accident or the events leading up to this accident. 19 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 8. All writings and/or documents made by the defendant, including but not limited to bills, records and any other memoranda in the possession or control of the plaintiff, or plaintiffs representative and/or attorneys. Dated: Mineola, New York February 7, 2022 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendant VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT 200 Old Country Road, Suite 680 Mineola, New York 11501 (516) 620-4490 Our File No.: WRM 023721 TAM 20 of 47 FILED: QUEENS COUNTY CLERK 03/02/2023 02/10/2023 04:30 12:32 PM INDEX NO. 726750/2022 NYSCEF DOC. NO. 19 11 RECEIVED NYSCEF: 03/02/2023 02/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------------------X FRANK POLIZZI, Index No.: 726750/2022 Plaintiff, DEMAND FOR EXPERT -against- WITNESS INFORMATION SIMAREN CORP., WISDOM PROTECTIVE, NAEEM LAMAR MATHIS,VALLEY STREAM UNION FREE SCHOOL DISTRICT 13, VALLEY S