Preview
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
EXHIBIT B
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK :
SUPREME COURT : COUNTY OF ERIE
MICHAEL WOZNIAK
Plaintiff
Plaintiff's Verified
vs. BILL OF
PARTICULARS
Index #801557/2013
HLM HOLDINGS LLC.,
EI TEAM INC. and
NIAGARA MOHAWK POWER CORPORATION, d/b/a
NATIONAL GRID
Defendants
Pursuant to Rule 3041 et sequitur of the Civil Practice Law and Rules, BROWN
CHIARI LLP, attorneyS for the plaintiff, above named, herein serves upon the attorneys for
Defendants HLM HOLDINGS LLC. and EI TEAM INC., this verified bill of particulars of the
complaint:
1. Plaintiff's date of birth is 1984, and his social security number is
008.
2. a). Plaintiff sustained, among other injuries, an electric shock injury, with
associated headaches, dizziness, and upper extremity pain, numbness and tingling, lumbar spine
strain/sprain injury with annular disruptions and/or tears. Additionally, plaintiff has sustained
mild cognitive deficits as a result of the incident.
- BROWN CHLARI up -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 2 -
b). All injuries are permanent and progressive including the probable
development of traumatic arthritis and the need for surgery.
3. a). Plaintiff was hospitalized at Med First, 3980 Sheridan Drive, Amherst,
NY 14226 on the date of the incident. He was again hospitalized at Millard Fillmore Suburban
Hospital, 1540 Maple Road, Williamsville, NY 14221 on December 13, 2010.
b). None.
c). Plaintiff has been confined to home on sporadic dates as a result of the
injuries. The exact dates are unknown.
4. At the time of the incident, plaintiff was employed by Antonicelli Construction as
a laborer. He was earning $16,600.00 per year. Shortly after the incident he was laid off for the
season. He was unable to work for sporadic days since then, the exact dates of which are
unknown. Plaintiff is unable to estimate his past or future lost wage claim at this time, and he
reserves the right to supplement and/or amend this response.
5. a-e). All of plaintiff s medical expenses thus far have been paid by Craig
workers'
Insurance, Ltd., PO BOX 4059 Jacksonville, FL 32203-0569 under compensation claim
number WCV 87236100001. NGM Insurance Company is the carrier in the claim is being
administered through Craig Insurance Ltd. As of August 5, 2013 the compensation lien was
$8,420.53.
Plaintiff was treated by the following healthcare providers on the dates reflected in the
disclosed records: Nicholas Aquino, M.D., 1835 Maple Road, Williamsville, NY 14221,
Cameron B. Huckell, M.D., Pinnacle Orthopedic & Spine Specialists, 700 Michigan Avenue,
Buffalo, NY 14203, Jason Cichocki, D.C., Lancaster Depew Chiropractic, 345 Dick Road,
Depew, NY 14043, J. Aubrey Duquin, Ph.D., Dent Neurologic Institute, 3980 Sheridan Drive,
Amherst, NY 14226, Minsoo Kang, M.D., 3980 Sheridan Drive, Amherst, NY 14226 Leonard
- BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 3 -
Kaplan, D.O., Buffalo Spine Medicine & Rehab PLLC, 100 College Parkway, Suite 100,
Buffalo, NY 14221 and Buffalo Rehab Group Physical Therapy, P.C., 350 Greenhaven Terrace
Tonawanda, NY 14150.
f). See paragraph 4 above.
6. Plaintiff shall claim past and future pain and suffering, past and future loss of
enjoyment of life; past and future medical expenses and lost wages, to the extent not
workers'
compensated under his compensation claim.
7. a). The defendants violated New York State Labor Law §§ 200, 240(1) and
241(6).
b). Plaintiff was standing on a ladder when he was dismantling a portion of
the premises owned by HLM and/or EI Team, and he sustained an electric shock injury which
caused him to fall of a ladder.
c). The defendants violated 12 N.Y.C.R.R. § 23-1.13(1), (2), (3), (4), (5), (6).
8. The allegations regarding the negligence of the defendant, Niagara Mohawk
Power Corporation d/b/a National Grid are set forth in the bill of particulars directed to that
defendant and served herewith. As for the allegations of negligence against HLM Holdings
LLC. and EI Team Inc., the latter defendants were negligent in failing to provide a safe place to
work pursuant to their common law and statutory duties, failing to request that the defendant,
Niagara Mohawk Power Corporation d/b/a National Grid terminate electrical service prior to
Antonicelli Construction performing any work on their premises, failing to monitor and/or verify
that said electrical service was terminated if in fact the demand was made, and negligently
representing to Antonicelli Construction that the electrical service had been terminated prior to
the incident alleged in the complaint.
- BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 4 -
9. Plaintiff objects to this demand in that notice is not properly chargeable to the
plaintiff under all of the causes of action alleged. Nevertheless, plaintiff responds, that without
the benefit of further discovery, plaintiff shall claim both actual and constructive notice in that
defendants, HLM Holdings LLC. and/or EI Team Inc. as both the owners and contractors on this
site, knew or should have known, whether electrical service was provided to the aforesaid
location of the incident or terminated as of the date of the incident.
10. The nature of the hazardous and/or dangerous condition at the aforesaid premises
was that of, upon information and belief, electrical service being operational, and not terminated,
defendants'
at the aforesaid premises while plaintiff and his co-workers were engaged in the
demolition activities, and as such, the risk of electrocution and/or electric shock injury was
present.
11. The incident occurred on December 6, 2010 at 1750 Military Road, Tonawanda,
NY 14217.
12. There are no collateral sources available to the plaintiff.
DATED: Lancaster, New York
January 2, 2014
Sam 7. Capizzi, Esq. for
B WN CHIARI us
ittorneys for Plaintiff
5775 Broadway
Lancaster, New York 14086-2360
(716) 681-7190
TO: H. Ward Hamlin, Jr., Esq.
BROWN & KELLY, LLP
Attorneys for Defendants, HLM Holding LLC. and EI TEAM INC.
1500 Liberty Building
Buffalo, NY 14202
(716) 854-2620
- BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 5 -
cc: Laura A. Linneball, Esq.
WILDER & LINNEBALL, LLP
Attorneys for Defendant, NIAGARA MOHAWK POWER CORPORATION, d /a
NATIONAL GRID
730 Brisbane Building
Buffalo, NY 14203
(716) 853-6001
- BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
INDIVIDUAL VERIFICATION
STATE OF NEW YORK)
COUNTY OF ERIE) ss.:
MICHAEL WOZNIAK, being duly sworn, deposes and says: that deponent is Plaintiff in
the within action; that deponent has read the foregoing Plaintiffs Verified Bill of Particulars to
Defendants HLM HOLDINGS LLC. and EI TEAM INC. and knows the contents thereof; that the
same is true to deponent's own knowledge, except as the matters therein stated to be alleged on
information and belief, and that as to those matters deponent believes it to be true.
MICHAEL WO2NIAK
Sworn to before me this
13th day of January, 2014
NOTARY PUB
ELL
Pu L CAPlm
- BROWN CHIARI u, -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
STATE OF NEW YORK :
SUPREME COURT : COUNTY OF ERIE
MICHAEL WOZNIAK
Plaintiff
PLAINTIFF'S
SUPPLEMENTAL
vs. VERIFIED
BILL OF PARTICULARS
Index #801557/2013
HLM HOLDINGS LLC
EI TEAM INC.
Defendants
Pursuant to Rule 3041 et sequitur of the Civil Practice Law and Rules, BROWN
CHIARI LLP, attorneys for the Plaintiff, above named, herein serves upon the attorneys for
Defendants, HLM HOLDINGS LLC and EI TEAM INC., this Supplemental Verified Bill of
Particulars of the Complaint:
1. Plaintiff's date of birth is 1984, and his social security number is
3008.
2. a). Plaintiff sustained, in addition to the injuries previously claimed, the
following: electrocution injury; chronic post-traumatic headaches; sleep disturbance; primary
stabbing headache; dizziness; cognitive disorder; memory loss; light sensitivity; nausea;
decreased lumbar range of motion; sacroiliac instability; radiculopathy of lumbar and
lumbosacral regions; vertebral subluxation complex; flexion/extension injury to the mid and low
back; paresthesia; anxiety; discogenic pain syndrome; electric shock injury, with associated
- BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 2 -
headaches, dizziness, and upper extremity pain, numbness and tingling, lumbar spine
strain/sprain injury with annular disruptions and/or tears.
b). All injuries are permanent and progressive including the probable
development of traumatic arthritis and the need for surgery.
3. a). Plaintiff was hospitalized at Med First, 3980 Sheridan Drive, Amherst,
NY 14226 on the date of the incident. He was again hospitalized at Millard Fillmore Suburban
Hospital, 1540 Maple Road, Williamsville, NY 14221 on December 13, 2010.
b). None.
c). Plaintiff has been confined to home on sporadic dates as a result of the
injuries. The exact dates are unknown.
4. At the time of the incident, plaintiff was employed by Antonicelli Construction as
a laborer. He was earning $16,600.00 per year. Shortly after the incident he was laid off for the
season. He was unable to work for sporadic days since then, the exact dates of which are
unknown. Plaintiff is unable to estimate his past or future lost wage claim at this time, and he
reserves the right to supplement and/or amend this response.
5. a-e). All of plaintiff's medical expenses thus far have been paid by Craig
workers'
Insurance, Ltd., PO BOX 4059 Jacksonville, FL 32203-0569 under compensation claim
number WCV 87236100001. NGM Insurance Company is the carrier in the claim is being
administered through Craig Insurance Ltd. As of August 5, 2013 the compensation lien was
$8,420.53.
Plaintiff was treated by the following healthcare providers on the dates reflected in the
disclosed records: Nicholas Aquino, M.D., 1835 Maple Road, Williamsville, NY 14221,
Cameron B. Huckell, M.D., Pinnacle Orthopedic & Spine Specialists, 700 Michigan Avenue,
Buffalo, NY 14203, Jason Cichocki, D.C., Lancaster Depew Chiropractic, 345 Dick Road,
- BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 3 -
Depew, NY 14043, J. Aubrey Duquin, Ph.D., Dent Neurologic Institute, 3980 Sheridan Drive,
Amherst, NY 14226, Minsoo Kang, M.D., 3980 Sheridan Drive, Amherst, NY 14226 Leonard
Kaplan, D.O., Buffalo Spine Medicine & Rehab PLLC, 100 College Parkway, Suite 100,
Buffalo, NY 14221 and Buffalo Rehab Group Physical Therapy, P.C., 350 Greenhaven Terrace
Tonawanda, NY 14150.
f). See paragraph 4 above.
6. Plaintiff shall claim past and future pain and suffering, past and future loss of
enjoyment of life; past and future medical expenses and lost wages, to the extent not
workers'
compensated under his compensation claim.
7. a). The defendants violated New York State Labor Law §§ 200, 240(1) and
241(6).
b). Plaintiff was standing on a ladder when he was dismantling a portion of
the premises owned by HLM and/or EI Team, and he sustained an electric shock injury which
caused him to fall of a ladder.
c). The defendants violated 12 N.Y.C.R.R. § 23-1.13(1), (2), (3), (4), (5), (6).
8. The allegations regarding the negligence of the defendant, Niagara Mohawk
Power Corporation d/b/a National Grid are set forth in the bill of particulars directed to that
defendant and served herewith. As for the allegations of negligence against HLM Holdings
LLC. and EI Team Inc., the latter defendants were negligent in failing to provide a safe place to
work pursuant to their common law and statutory duties, failing to request that the defendant,
Niagara Mohawk Power Corporation d/b/a National Grid terminate electrical service prior to
Antonicelli Construction performing any work on their premises, failing to monitor and/or verify
that said electrical service was terminated if in fact the demand was made, and negligently
-BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 4 -
representing to Antonicelli Construction that the electrical service had been terminated prior to
the incident alleged in the complaint.
9. Plaintiff objects to this demand in that notice is not properly chargeable to the
plaintiff under all of the causes of action alleged. Nevertheless, plaintiff responds, that without
the benefit of further discovery, plaintiff shall claim both actual and constructive notice in that
defendants, HLM Holdings LLC. and/or EI Team Inc. as both the owners and contractors on this
site, knew or should have known, whether electrical service was provided to the aforesaid
location of the incident or terminated as of the date of the incident.
10. The nature of the hazardous and/or dangerous condition at the aforesaid premises
was that of, upon information and belief, electrical service being operational, and not terminated,
defendants'
at the aforesaid premises while plaintiff and his co-workers were engaged in the
demolition activities, and as such, the risk of electrocution and/or electric shock injury was
present.
11. The incident occurred on December 6, 2010 at 1750 Military Road, Tonawanda,
NY 14217.
12. There are no collateral sources available to the plaintiff.
DATED: Buffalo, New York
June , 2019
Br'
R. Hogan, Esq. for
BROWN CHIARI LLP
Attorneys for Plaintiff
2470 Walden Avenue
Buffalo, New York 14225
(716) 681-7190
-BROWN CHIARI LLP -
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021
NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022
- Page 5 -
TO: Paul J. Callahan, Esq.
BROWN & KELLY LLP
Attorneys for Defendants
HLM Holding LLC
EI TEAM INC.
800 Main Place Tower
350 Main Street
Buffalo, New York 14202
(716) 854-2620
-BROWN CHIARI LLP -
Preview
FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 EXHIBIT B FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK : SUPREME COURT : COUNTY OF ERIE MICHAEL WOZNIAK Plaintiff Plaintiff's Verified vs. BILL OF PARTICULARS Index #801557/2013 HLM HOLDINGS LLC., EI TEAM INC. and NIAGARA MOHAWK POWER CORPORATION, d/b/a NATIONAL GRID Defendants Pursuant to Rule 3041 et sequitur of the Civil Practice Law and Rules, BROWN CHIARI LLP, attorneyS for the plaintiff, above named, herein serves upon the attorneys for Defendants HLM HOLDINGS LLC. and EI TEAM INC., this verified bill of particulars of the complaint: 1. Plaintiff's date of birth is 1984, and his social security number is 008. 2. a). Plaintiff sustained, among other injuries, an electric shock injury, with associated headaches, dizziness, and upper extremity pain, numbness and tingling, lumbar spine strain/sprain injury with annular disruptions and/or tears. Additionally, plaintiff has sustained mild cognitive deficits as a result of the incident. - BROWN CHLARI up - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 2 - b). All injuries are permanent and progressive including the probable development of traumatic arthritis and the need for surgery. 3. a). Plaintiff was hospitalized at Med First, 3980 Sheridan Drive, Amherst, NY 14226 on the date of the incident. He was again hospitalized at Millard Fillmore Suburban Hospital, 1540 Maple Road, Williamsville, NY 14221 on December 13, 2010. b). None. c). Plaintiff has been confined to home on sporadic dates as a result of the injuries. The exact dates are unknown. 4. At the time of the incident, plaintiff was employed by Antonicelli Construction as a laborer. He was earning $16,600.00 per year. Shortly after the incident he was laid off for the season. He was unable to work for sporadic days since then, the exact dates of which are unknown. Plaintiff is unable to estimate his past or future lost wage claim at this time, and he reserves the right to supplement and/or amend this response. 5. a-e). All of plaintiff s medical expenses thus far have been paid by Craig workers' Insurance, Ltd., PO BOX 4059 Jacksonville, FL 32203-0569 under compensation claim number WCV 87236100001. NGM Insurance Company is the carrier in the claim is being administered through Craig Insurance Ltd. As of August 5, 2013 the compensation lien was $8,420.53. Plaintiff was treated by the following healthcare providers on the dates reflected in the disclosed records: Nicholas Aquino, M.D., 1835 Maple Road, Williamsville, NY 14221, Cameron B. Huckell, M.D., Pinnacle Orthopedic & Spine Specialists, 700 Michigan Avenue, Buffalo, NY 14203, Jason Cichocki, D.C., Lancaster Depew Chiropractic, 345 Dick Road, Depew, NY 14043, J. Aubrey Duquin, Ph.D., Dent Neurologic Institute, 3980 Sheridan Drive, Amherst, NY 14226, Minsoo Kang, M.D., 3980 Sheridan Drive, Amherst, NY 14226 Leonard - BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 3 - Kaplan, D.O., Buffalo Spine Medicine & Rehab PLLC, 100 College Parkway, Suite 100, Buffalo, NY 14221 and Buffalo Rehab Group Physical Therapy, P.C., 350 Greenhaven Terrace Tonawanda, NY 14150. f). See paragraph 4 above. 6. Plaintiff shall claim past and future pain and suffering, past and future loss of enjoyment of life; past and future medical expenses and lost wages, to the extent not workers' compensated under his compensation claim. 7. a). The defendants violated New York State Labor Law §§ 200, 240(1) and 241(6). b). Plaintiff was standing on a ladder when he was dismantling a portion of the premises owned by HLM and/or EI Team, and he sustained an electric shock injury which caused him to fall of a ladder. c). The defendants violated 12 N.Y.C.R.R. § 23-1.13(1), (2), (3), (4), (5), (6). 8. The allegations regarding the negligence of the defendant, Niagara Mohawk Power Corporation d/b/a National Grid are set forth in the bill of particulars directed to that defendant and served herewith. As for the allegations of negligence against HLM Holdings LLC. and EI Team Inc., the latter defendants were negligent in failing to provide a safe place to work pursuant to their common law and statutory duties, failing to request that the defendant, Niagara Mohawk Power Corporation d/b/a National Grid terminate electrical service prior to Antonicelli Construction performing any work on their premises, failing to monitor and/or verify that said electrical service was terminated if in fact the demand was made, and negligently representing to Antonicelli Construction that the electrical service had been terminated prior to the incident alleged in the complaint. - BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 4 - 9. Plaintiff objects to this demand in that notice is not properly chargeable to the plaintiff under all of the causes of action alleged. Nevertheless, plaintiff responds, that without the benefit of further discovery, plaintiff shall claim both actual and constructive notice in that defendants, HLM Holdings LLC. and/or EI Team Inc. as both the owners and contractors on this site, knew or should have known, whether electrical service was provided to the aforesaid location of the incident or terminated as of the date of the incident. 10. The nature of the hazardous and/or dangerous condition at the aforesaid premises was that of, upon information and belief, electrical service being operational, and not terminated, defendants' at the aforesaid premises while plaintiff and his co-workers were engaged in the demolition activities, and as such, the risk of electrocution and/or electric shock injury was present. 11. The incident occurred on December 6, 2010 at 1750 Military Road, Tonawanda, NY 14217. 12. There are no collateral sources available to the plaintiff. DATED: Lancaster, New York January 2, 2014 Sam 7. Capizzi, Esq. for B WN CHIARI us ittorneys for Plaintiff 5775 Broadway Lancaster, New York 14086-2360 (716) 681-7190 TO: H. Ward Hamlin, Jr., Esq. BROWN & KELLY, LLP Attorneys for Defendants, HLM Holding LLC. and EI TEAM INC. 1500 Liberty Building Buffalo, NY 14202 (716) 854-2620 - BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 5 - cc: Laura A. Linneball, Esq. WILDER & LINNEBALL, LLP Attorneys for Defendant, NIAGARA MOHAWK POWER CORPORATION, d /a NATIONAL GRID 730 Brisbane Building Buffalo, NY 14203 (716) 853-6001 - BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 INDIVIDUAL VERIFICATION STATE OF NEW YORK) COUNTY OF ERIE) ss.: MICHAEL WOZNIAK, being duly sworn, deposes and says: that deponent is Plaintiff in the within action; that deponent has read the foregoing Plaintiffs Verified Bill of Particulars to Defendants HLM HOLDINGS LLC. and EI TEAM INC. and knows the contents thereof; that the same is true to deponent's own knowledge, except as the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. MICHAEL WO2NIAK Sworn to before me this 13th day of January, 2014 NOTARY PUB ELL Pu L CAPlm - BROWN CHIARI u, - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 STATE OF NEW YORK : SUPREME COURT : COUNTY OF ERIE MICHAEL WOZNIAK Plaintiff PLAINTIFF'S SUPPLEMENTAL vs. VERIFIED BILL OF PARTICULARS Index #801557/2013 HLM HOLDINGS LLC EI TEAM INC. Defendants Pursuant to Rule 3041 et sequitur of the Civil Practice Law and Rules, BROWN CHIARI LLP, attorneys for the Plaintiff, above named, herein serves upon the attorneys for Defendants, HLM HOLDINGS LLC and EI TEAM INC., this Supplemental Verified Bill of Particulars of the Complaint: 1. Plaintiff's date of birth is 1984, and his social security number is 3008. 2. a). Plaintiff sustained, in addition to the injuries previously claimed, the following: electrocution injury; chronic post-traumatic headaches; sleep disturbance; primary stabbing headache; dizziness; cognitive disorder; memory loss; light sensitivity; nausea; decreased lumbar range of motion; sacroiliac instability; radiculopathy of lumbar and lumbosacral regions; vertebral subluxation complex; flexion/extension injury to the mid and low back; paresthesia; anxiety; discogenic pain syndrome; electric shock injury, with associated - BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 2 - headaches, dizziness, and upper extremity pain, numbness and tingling, lumbar spine strain/sprain injury with annular disruptions and/or tears. b). All injuries are permanent and progressive including the probable development of traumatic arthritis and the need for surgery. 3. a). Plaintiff was hospitalized at Med First, 3980 Sheridan Drive, Amherst, NY 14226 on the date of the incident. He was again hospitalized at Millard Fillmore Suburban Hospital, 1540 Maple Road, Williamsville, NY 14221 on December 13, 2010. b). None. c). Plaintiff has been confined to home on sporadic dates as a result of the injuries. The exact dates are unknown. 4. At the time of the incident, plaintiff was employed by Antonicelli Construction as a laborer. He was earning $16,600.00 per year. Shortly after the incident he was laid off for the season. He was unable to work for sporadic days since then, the exact dates of which are unknown. Plaintiff is unable to estimate his past or future lost wage claim at this time, and he reserves the right to supplement and/or amend this response. 5. a-e). All of plaintiff's medical expenses thus far have been paid by Craig workers' Insurance, Ltd., PO BOX 4059 Jacksonville, FL 32203-0569 under compensation claim number WCV 87236100001. NGM Insurance Company is the carrier in the claim is being administered through Craig Insurance Ltd. As of August 5, 2013 the compensation lien was $8,420.53. Plaintiff was treated by the following healthcare providers on the dates reflected in the disclosed records: Nicholas Aquino, M.D., 1835 Maple Road, Williamsville, NY 14221, Cameron B. Huckell, M.D., Pinnacle Orthopedic & Spine Specialists, 700 Michigan Avenue, Buffalo, NY 14203, Jason Cichocki, D.C., Lancaster Depew Chiropractic, 345 Dick Road, - BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 3 - Depew, NY 14043, J. Aubrey Duquin, Ph.D., Dent Neurologic Institute, 3980 Sheridan Drive, Amherst, NY 14226, Minsoo Kang, M.D., 3980 Sheridan Drive, Amherst, NY 14226 Leonard Kaplan, D.O., Buffalo Spine Medicine & Rehab PLLC, 100 College Parkway, Suite 100, Buffalo, NY 14221 and Buffalo Rehab Group Physical Therapy, P.C., 350 Greenhaven Terrace Tonawanda, NY 14150. f). See paragraph 4 above. 6. Plaintiff shall claim past and future pain and suffering, past and future loss of enjoyment of life; past and future medical expenses and lost wages, to the extent not workers' compensated under his compensation claim. 7. a). The defendants violated New York State Labor Law §§ 200, 240(1) and 241(6). b). Plaintiff was standing on a ladder when he was dismantling a portion of the premises owned by HLM and/or EI Team, and he sustained an electric shock injury which caused him to fall of a ladder. c). The defendants violated 12 N.Y.C.R.R. § 23-1.13(1), (2), (3), (4), (5), (6). 8. The allegations regarding the negligence of the defendant, Niagara Mohawk Power Corporation d/b/a National Grid are set forth in the bill of particulars directed to that defendant and served herewith. As for the allegations of negligence against HLM Holdings LLC. and EI Team Inc., the latter defendants were negligent in failing to provide a safe place to work pursuant to their common law and statutory duties, failing to request that the defendant, Niagara Mohawk Power Corporation d/b/a National Grid terminate electrical service prior to Antonicelli Construction performing any work on their premises, failing to monitor and/or verify that said electrical service was terminated if in fact the demand was made, and negligently -BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 4 - representing to Antonicelli Construction that the electrical service had been terminated prior to the incident alleged in the complaint. 9. Plaintiff objects to this demand in that notice is not properly chargeable to the plaintiff under all of the causes of action alleged. Nevertheless, plaintiff responds, that without the benefit of further discovery, plaintiff shall claim both actual and constructive notice in that defendants, HLM Holdings LLC. and/or EI Team Inc. as both the owners and contractors on this site, knew or should have known, whether electrical service was provided to the aforesaid location of the incident or terminated as of the date of the incident. 10. The nature of the hazardous and/or dangerous condition at the aforesaid premises was that of, upon information and belief, electrical service being operational, and not terminated, defendants' at the aforesaid premises while plaintiff and his co-workers were engaged in the demolition activities, and as such, the risk of electrocution and/or electric shock injury was present. 11. The incident occurred on December 6, 2010 at 1750 Military Road, Tonawanda, NY 14217. 12. There are no collateral sources available to the plaintiff. DATED: Buffalo, New York June , 2019 Br' R. Hogan, Esq. for BROWN CHIARI LLP Attorneys for Plaintiff 2470 Walden Avenue Buffalo, New York 14225 (716) 681-7190 -BROWN CHIARI LLP - FILED: NEW YORK COUNTY CLERK 11/18/2022 02:39 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 11/18/2022 - Page 5 - TO: Paul J. Callahan, Esq. BROWN & KELLY LLP Attorneys for Defendants HLM Holding LLC EI TEAM INC. 800 Main Place Tower 350 Main Street Buffalo, New York 14202 (716) 854-2620 -BROWN CHIARI LLP -