Preview
FILED: BRONX COUNTY CLERK 1072972014 05:33 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/29/2014
EXHIBIT “F”
StSt= oe
IN190~- Bos, (38)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
= tent X
KELLEY PHILLIPS, Index No. 021169/2011
Plaintiff(s), VERIFIED BILL
OF PARTICULARS
-against-
DREW SWISS and
MONTEFIORE MEDICAL CENTER,
Defendant(s).
pontine -X
Plaintiff(s), KELLEY PHILLIPS, as and for her Verified Bill of Particulars, in response
to the demand of Defendant(s), MONTEFIORE MEDICAL CENTER, alleges upon
information and belief as follows:
1 Plaintiff, Kelley Phillips, date of birth is April 24, 1978. Her Social Security # is
265-93-6867.
2. Plaintiff, KELLEY PHILLIPS, resides at 1700 Mango Street NE, Palm Bay, FL
32905. Plaintiff's resident at the time of the subject accident and three years prior to the accident
was 3450 Wayne Avenue, Apt. 2R, Bronx, NY 10467.
3 The accident occurred on or about June 3, 2010 at approximately 10:30 AM.
4 The accident occurred on Bainbridge Avenue at East 211th Street, Bronx, New
York. The accident occurred when Plaintiff, Kelley Phillips, was rear-ended by Defendant, Drew
Swiss.
5, Plaintiff was a driver at the time of the subject accident.
6 Upon information and belief, there are no other parties involved in the subject
accident.
7 Objection, such information is evidentiary in nature and an improper question for
a bill of particulars.
8 Plaintiff was the driver of a 2000 Honda Civic sedan.
9-10. Objection, such information is evidentiary in nature and an improper question for
a bill of particulars.
11. Plaintiff is not making a claim for property damage at this time.
12. Plaintiff sustained serious injury as defined by 5102 of the Insurance Law of the
state of New York including but not limited to the significant disfigurement; a fracture;
permanent loss of use of a body organ, member, function or system; permanent consequential
limitation of a use of a body organ or member; significant limitation of a use of a body function
or system; or a medically determined injury or impairment of a non-permanent nature which
prevents plaintiff from performing substantially all of the material acts which constitute
plaintiff's usual and customary daily activities for not less than ninety days during the one
hundred eighty days immediately following the occurrence. Plaintiff has sustained a loss in
excess of the basic loss as defined by 5102 of the Insurance Law of the State of New York
including but not limited to all necessary expenses incurred for medical, hospital, surgical,
nursing, dental, ambulance, x-ray, prescription drug and prosthetic services, psychiatric, physical
and occupational therapy and rehabilitation; any other professional health services; and all other
reasonable and necessary expenses incurred.
13-14. Defendant was negligent, reckless, and careless in the ownership, operation,
management, maintenance, inspection, repair, and control of his motor vehicle. The Defendant
negligently, recklessly, and carelessly operated and/or allowed his motor vehicle to be operated at
excessive and unreasonably high rates of speed, at rates of speed too high for the conditions then
and there prevailing, and for the visibility and distances then and there existing, and/or at rates of
speed inconsistent with the reasonable operation of the motor vehicle. The Defendant was
negligent, reckless, and careless in failing and/or omitting to keep and maintain an alert and
proper lookout; in failing to look; in failing to see; in failing to look in the direction in which his
vehicle was proceeding and from which other vehicles were approaching; in failing to warn of
approach by bell, horn, or otherwise; in failing to obey traffic signals; in failing to slow his
vehicle as it approached the intersection; in failing to yield the right of way; in negligently failing
to timely and adequately stop and/or swerve; in failing to follow and keep to the roadway; in
failing to obey the rules and customs of the road; in failing to reasonably and adequately notice,
heed, and/or reasonably control speed and direction of his vehicle; and in failing to keep the
aforesaid motor vehicle under reasonable control so that the life and limb of persons and in
particular, the plaintiff herein, would not be endangered and not seriously injured. The Defendant
was negligent, reckless, and careless in failing and/or omitting to provide his vehicle with proper
and adequate tires, with proper and adequate treads, with proper and adequate brakes; in failing
and/or omitting to keep and maintain the foregoing in reasonably good condition when the
defendant, in the exercise of ordinary and reasonable care, knew or should have known that
decelerations and/or stops and/or turns were and would be required; in failing and/or omitting to
inspect, repair, adjust, maintain, and/or replace the tires, brakes, and/or steering mechanisms in a
reasonable and/or proper manner; in failing and/or omitting to inspect fluid levels and/or
reservoirs and to keep the same filled with proper and clean fluids and as specified by the
manufacturers; in failing to check for the presence of and/or to eliminate air from the braking
system and to keep its reaction times reasonably quick; in failing and/or omitting to provide and
make prompt and timely use of braking mechanisms and/or steering mechanisms; and in failing
to pay, and continue adequately to pay, attention to driving said vehicle and operating the vehicle
properly and safely; in stopping in an inappropriate spot.
15. Plaintiff, KELLEY PHILLIPS, suffered the following permanent, serious personal
injuries:
Disk berniation and annular tear of L5S-S1;
Degenerative disk disease of L5-S1;
Chronic neck pain and bilateral upper extremity pain;
Mild bulging disks of C5-6, C6-7;
Mild disk degeneration of LS-S1;
Closed head injury with post traumatic headaches and cognitive loss;
Chronic debilitating back and occasional leg pain;
On 12/27/12 Plaintiff underwent L3 through S1 lumbar discography via
diskogram with C-arm radiologic interpretation;
Major depressive disorder;
Agoraphobia with panic disorder;
Generalized anxiety disorder;
Anxiety state;
Plaintiff claims aggravation of a pre-existing condition of the lumbar,
cervical and thoracic spine;
Plaintiff claims exacerbation of a latent disease and or condition
of the lumbar, cervical and thoracic spine;
As a result of the above injuries, Plaintiff suffers pain and
tenderness, weakness, loss of function, loss of strength, limitation and
restriction of motion, and pain on motion.
Plaintiff was caused to suffer and continues to suffer severe
anxiety and severe concern over possible development of further complications
due to the injuries.
Upon information and belief, these injuries aggravated, activated,
and/or precipitated any underlying hypertrophic, degenerative, arthritic,
circulatory, arterial, venous, and/or systemic conditions which were asymp-
tomatic prior to the accident complained of.
All of the aforementioned injuries, manifestations, resulting
disabilities, and involvements are associated with further soft tissue injury to
the areas traumatically affected, including injury, tearing, derangement, and
damage to the associated muscle groups, ligaments, tendons, blood vessels, and
blood supply, nerves and nerve tissue, epithelial tissue, soft tissue, all
concomitant to the specific injuries and related to many portions mentioned
hereinabove, with resultant pain, deformity, and disability, stiffness,
tenderness, weakness, and partial restriction and limitation of motion and pain
on motion and possible loss of the use of the above- mentioned parts, atrophy,
anxiety, and mental anguish and all have substantially prevented the plaintiff
from enjoying the normal fruits of activities (social, educational, and eco-
nomic). Plaintiff's enjoyment of life has been permanently impaired, impeded,
and reduced.
Plaintiff sustained a shock to her body and nervous system.
Upon information and belief, these injuries and their sequelae are
permanent, chronic, and lasting in their nature and character with permanent
effects of pain, loss of use, loss of motion, disability, loss of proper use,
atrophy, pain, anxiety, embarrassment, and mental anguish.
Plaintiff reserves the right to prove any and all further
consequences arising out of the said injuries up to and at the time of the trial.
16. All injuries claimed herein are believed to be permanent in nature.
17. Plaintiff objects to the demands seeking the names and addresses of all medical
providers as secking information outside the scope of a bill of particulars. See, N.Y. C.P.L.R. §
3043 (a). Under the current state of our laws, a plaintiff in a personal injury action is not required
to furnish, in connection with defendant’s demand for a bill of particulars, the names of
witnesses, hospitals or physicians. See, e.g., Adair v. Young, 205 N.Y.S.2d 463 (1959); Hanlon
y. Geary, 19 Misc.2d 827, 190 N.Y.S.2d 20 (1959).
18. Please refer to # 15.
19. Plaintiff was confined to bed from 6/3/2010 — 4/1/2011 and confined to home
from 6/3/2010 — 5/31/2011 except for visits for necessary medical aid, treatment and attention.
Further information will be provided upon completion of depositions.
20-21. Upon information and belief, Plaintiff received treatment and/or was confined to
the following hospitals:
(a) Montefiore Medical Center, 111 E. 210" St, Bronx, NY;
ER Visit: 6/3/2010
Admission # 1: 6/30/2010 — 7/1/2010
Admission # 2: 8/12/2010— 8/20/2010
Admission # 3: 9/7/2010 — 9/11/2010
Admission # 4: 11/1/2010— 11/16/2010
Admission # 5: 1/25/2011 — 1/29/2011
(b) Holmes Regional Medical Center, 1350 S. Hickory Street, Melbourne, Fl 32901;
Admission # 1: 7/22/2011 — 7/29/2011
Admission # 2: 8/5/2011 — 8/16/2011
Admission # 3: 9/10/2012 — 9/18/2012
(c) Wuestoff Medical Center, 250 N. Wickman Rd, Melbourne, FL 32935;
Admission# 1: 1/28/2012 — 1/30/2012
(d) Palm Bay Hospital, 1425 Malabar Rd, Palm Bay, FL 32907;
Admission # 1: 9/6/2012 -9/10/2012
22-23. Upon information and belief, plaintiff has been totally disabled since the date of the
subject accident. Further information will be provided upon completion of depositions.
24, At the time of the subject accident, Plaintiff was employed as a surgical resident at
Jacobi Medical Center, 1400 Pelham Parkway, Bronx, NY. Prior to her employment Plaintiff was a full
time student.
25. Plaintiff has been unemployed from the date of the subject accident to date and
continuing.
26. Plaintiff was not self-employed.
27-28. Special damages incurred to be provided upon receipt.
29-30. Plaintiff is not making a claim for loss of services at this time.
31-32. Defendant violated various statutes, rules, regulations, and ordinances of the
Vehicle and Traffic Law, and of the City and State of New York and will request the Court, at
Trial, take judicial notice of these and other statutory violations committed by the Defendant.
33-37. Objection, such information is evidentiary in nature and an improper question for
a bill of particulars.
38-39, Upon information and belief, there are no other pending actions regarding the
subject accident.
Dated: New York, New York
March 27, 2014
Yours, etc.,
acl AS
HACH & ROSE, LLP
Attorneys for Plaintiff(s)
KELLEY PHILLIPS
185 Madison Avenue — 14" Floor
New York, NY 10016
212.779.0057
To: Havkins Rosenfeld Ritzart & Varriale, LLP
Attorneys for Defendant(s)
MONTEFIORE MEDICAL CENTER
114 Old Country Road, Suite 300
Mineola,
NY 11501
(516) 620-1700
File #: 11190-000305
O'Connor Meguiness Conte Doyle & Oleson
Attorneys for Defendant(s)
DREW SWISS
One Barker Avenue, Suite 675
White Plains, NY 10601
(212) 685-8095
STATE OF NEW YORK }
} ss.
COUNTY OF NEW YORK }
Michael A. Rose, being duly sworn, deposes and says:
That deponent is a member with HACH & ROSE, L.L.P., attomeys for the plaintiff in the
within action; that the deponent has read the foregoing BILL OF PARTICULARS and knows
the contents thereof; that the same is true to deponents knowledge except as to the maiters therein
stated to be alleged upon information and belief, and as to those matters deponent believes it to
be true and the reasons that this verification is not made by the plaintiff and is made by deponent
is that plaintiff does not reside in the county where the attorney for the plaintiff have their office.
Deponent further says that the source of deponent’s information and the grounds of
deponent’s beliefs as to all matters not stated upon deponent’s knowledge are from investigation
made on behalf of said plaintiff.
Dated: New York, New York
March 27, 2014
Michae!
meas
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
tan ane
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KELLEY PHILLIPS,
Plaintiff(s),
-against-
DREW SWISS
and MONTEFIORE MEDICAL CENTER,
Defendant(s).
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VERIFIED BILL OF PARTICULARS
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HACH & ROSE, LLP
Attorneys for Plaintiff(s)
KELLEY PHILLIPS
185 Madison Avenue, 14" Floor
New York, NY 10016
Tel. (212) 779-0057
Fax. (212) 779-0028
Preview
FILED: BRONX COUNTY CLERK 1072972014 05:33 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 10/29/2014 EXHIBIT “F” StSt= oe IN190~- Bos, (38) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX = tent X KELLEY PHILLIPS, Index No. 021169/2011 Plaintiff(s), VERIFIED BILL OF PARTICULARS -against- DREW SWISS and MONTEFIORE MEDICAL CENTER, Defendant(s). pontine -X Plaintiff(s), KELLEY PHILLIPS, as and for her Verified Bill of Particulars, in response to the demand of Defendant(s), MONTEFIORE MEDICAL CENTER, alleges upon information and belief as follows: 1 Plaintiff, Kelley Phillips, date of birth is April 24, 1978. Her Social Security # is 265-93-6867. 2. Plaintiff, KELLEY PHILLIPS, resides at 1700 Mango Street NE, Palm Bay, FL 32905. Plaintiff's resident at the time of the subject accident and three years prior to the accident was 3450 Wayne Avenue, Apt. 2R, Bronx, NY 10467. 3 The accident occurred on or about June 3, 2010 at approximately 10:30 AM. 4 The accident occurred on Bainbridge Avenue at East 211th Street, Bronx, New York. The accident occurred when Plaintiff, Kelley Phillips, was rear-ended by Defendant, Drew Swiss. 5, Plaintiff was a driver at the time of the subject accident. 6 Upon information and belief, there are no other parties involved in the subject accident. 7 Objection, such information is evidentiary in nature and an improper question for a bill of particulars. 8 Plaintiff was the driver of a 2000 Honda Civic sedan. 9-10. Objection, such information is evidentiary in nature and an improper question for a bill of particulars. 11. Plaintiff is not making a claim for property damage at this time. 12. Plaintiff sustained serious injury as defined by 5102 of the Insurance Law of the state of New York including but not limited to the significant disfigurement; a fracture; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of a use of a body organ or member; significant limitation of a use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents plaintiff from performing substantially all of the material acts which constitute plaintiff's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence. Plaintiff has sustained a loss in excess of the basic loss as defined by 5102 of the Insurance Law of the State of New York including but not limited to all necessary expenses incurred for medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services, psychiatric, physical and occupational therapy and rehabilitation; any other professional health services; and all other reasonable and necessary expenses incurred. 13-14. Defendant was negligent, reckless, and careless in the ownership, operation, management, maintenance, inspection, repair, and control of his motor vehicle. The Defendant negligently, recklessly, and carelessly operated and/or allowed his motor vehicle to be operated at excessive and unreasonably high rates of speed, at rates of speed too high for the conditions then and there prevailing, and for the visibility and distances then and there existing, and/or at rates of speed inconsistent with the reasonable operation of the motor vehicle. The Defendant was negligent, reckless, and careless in failing and/or omitting to keep and maintain an alert and proper lookout; in failing to look; in failing to see; in failing to look in the direction in which his vehicle was proceeding and from which other vehicles were approaching; in failing to warn of approach by bell, horn, or otherwise; in failing to obey traffic signals; in failing to slow his vehicle as it approached the intersection; in failing to yield the right of way; in negligently failing to timely and adequately stop and/or swerve; in failing to follow and keep to the roadway; in failing to obey the rules and customs of the road; in failing to reasonably and adequately notice, heed, and/or reasonably control speed and direction of his vehicle; and in failing to keep the aforesaid motor vehicle under reasonable control so that the life and limb of persons and in particular, the plaintiff herein, would not be endangered and not seriously injured. The Defendant was negligent, reckless, and careless in failing and/or omitting to provide his vehicle with proper and adequate tires, with proper and adequate treads, with proper and adequate brakes; in failing and/or omitting to keep and maintain the foregoing in reasonably good condition when the defendant, in the exercise of ordinary and reasonable care, knew or should have known that decelerations and/or stops and/or turns were and would be required; in failing and/or omitting to inspect, repair, adjust, maintain, and/or replace the tires, brakes, and/or steering mechanisms in a reasonable and/or proper manner; in failing and/or omitting to inspect fluid levels and/or reservoirs and to keep the same filled with proper and clean fluids and as specified by the manufacturers; in failing to check for the presence of and/or to eliminate air from the braking system and to keep its reaction times reasonably quick; in failing and/or omitting to provide and make prompt and timely use of braking mechanisms and/or steering mechanisms; and in failing to pay, and continue adequately to pay, attention to driving said vehicle and operating the vehicle properly and safely; in stopping in an inappropriate spot. 15. Plaintiff, KELLEY PHILLIPS, suffered the following permanent, serious personal injuries: Disk berniation and annular tear of L5S-S1; Degenerative disk disease of L5-S1; Chronic neck pain and bilateral upper extremity pain; Mild bulging disks of C5-6, C6-7; Mild disk degeneration of LS-S1; Closed head injury with post traumatic headaches and cognitive loss; Chronic debilitating back and occasional leg pain; On 12/27/12 Plaintiff underwent L3 through S1 lumbar discography via diskogram with C-arm radiologic interpretation; Major depressive disorder; Agoraphobia with panic disorder; Generalized anxiety disorder; Anxiety state; Plaintiff claims aggravation of a pre-existing condition of the lumbar, cervical and thoracic spine; Plaintiff claims exacerbation of a latent disease and or condition of the lumbar, cervical and thoracic spine; As a result of the above injuries, Plaintiff suffers pain and tenderness, weakness, loss of function, loss of strength, limitation and restriction of motion, and pain on motion. Plaintiff was caused to suffer and continues to suffer severe anxiety and severe concern over possible development of further complications due to the injuries. Upon information and belief, these injuries aggravated, activated, and/or precipitated any underlying hypertrophic, degenerative, arthritic, circulatory, arterial, venous, and/or systemic conditions which were asymp- tomatic prior to the accident complained of. All of the aforementioned injuries, manifestations, resulting disabilities, and involvements are associated with further soft tissue injury to the areas traumatically affected, including injury, tearing, derangement, and damage to the associated muscle groups, ligaments, tendons, blood vessels, and blood supply, nerves and nerve tissue, epithelial tissue, soft tissue, all concomitant to the specific injuries and related to many portions mentioned hereinabove, with resultant pain, deformity, and disability, stiffness, tenderness, weakness, and partial restriction and limitation of motion and pain on motion and possible loss of the use of the above- mentioned parts, atrophy, anxiety, and mental anguish and all have substantially prevented the plaintiff from enjoying the normal fruits of activities (social, educational, and eco- nomic). Plaintiff's enjoyment of life has been permanently impaired, impeded, and reduced. Plaintiff sustained a shock to her body and nervous system. Upon information and belief, these injuries and their sequelae are permanent, chronic, and lasting in their nature and character with permanent effects of pain, loss of use, loss of motion, disability, loss of proper use, atrophy, pain, anxiety, embarrassment, and mental anguish. Plaintiff reserves the right to prove any and all further consequences arising out of the said injuries up to and at the time of the trial. 16. All injuries claimed herein are believed to be permanent in nature. 17. Plaintiff objects to the demands seeking the names and addresses of all medical providers as secking information outside the scope of a bill of particulars. See, N.Y. C.P.L.R. § 3043 (a). Under the current state of our laws, a plaintiff in a personal injury action is not required to furnish, in connection with defendant’s demand for a bill of particulars, the names of witnesses, hospitals or physicians. See, e.g., Adair v. Young, 205 N.Y.S.2d 463 (1959); Hanlon y. Geary, 19 Misc.2d 827, 190 N.Y.S.2d 20 (1959). 18. Please refer to # 15. 19. Plaintiff was confined to bed from 6/3/2010 — 4/1/2011 and confined to home from 6/3/2010 — 5/31/2011 except for visits for necessary medical aid, treatment and attention. Further information will be provided upon completion of depositions. 20-21. Upon information and belief, Plaintiff received treatment and/or was confined to the following hospitals: (a) Montefiore Medical Center, 111 E. 210" St, Bronx, NY; ER Visit: 6/3/2010 Admission # 1: 6/30/2010 — 7/1/2010 Admission # 2: 8/12/2010— 8/20/2010 Admission # 3: 9/7/2010 — 9/11/2010 Admission # 4: 11/1/2010— 11/16/2010 Admission # 5: 1/25/2011 — 1/29/2011 (b) Holmes Regional Medical Center, 1350 S. Hickory Street, Melbourne, Fl 32901; Admission # 1: 7/22/2011 — 7/29/2011 Admission # 2: 8/5/2011 — 8/16/2011 Admission # 3: 9/10/2012 — 9/18/2012 (c) Wuestoff Medical Center, 250 N. Wickman Rd, Melbourne, FL 32935; Admission# 1: 1/28/2012 — 1/30/2012 (d) Palm Bay Hospital, 1425 Malabar Rd, Palm Bay, FL 32907; Admission # 1: 9/6/2012 -9/10/2012 22-23. Upon information and belief, plaintiff has been totally disabled since the date of the subject accident. Further information will be provided upon completion of depositions. 24, At the time of the subject accident, Plaintiff was employed as a surgical resident at Jacobi Medical Center, 1400 Pelham Parkway, Bronx, NY. Prior to her employment Plaintiff was a full time student. 25. Plaintiff has been unemployed from the date of the subject accident to date and continuing. 26. Plaintiff was not self-employed. 27-28. Special damages incurred to be provided upon receipt. 29-30. Plaintiff is not making a claim for loss of services at this time. 31-32. Defendant violated various statutes, rules, regulations, and ordinances of the Vehicle and Traffic Law, and of the City and State of New York and will request the Court, at Trial, take judicial notice of these and other statutory violations committed by the Defendant. 33-37. Objection, such information is evidentiary in nature and an improper question for a bill of particulars. 38-39, Upon information and belief, there are no other pending actions regarding the subject accident. Dated: New York, New York March 27, 2014 Yours, etc., acl AS HACH & ROSE, LLP Attorneys for Plaintiff(s) KELLEY PHILLIPS 185 Madison Avenue — 14" Floor New York, NY 10016 212.779.0057 To: Havkins Rosenfeld Ritzart & Varriale, LLP Attorneys for Defendant(s) MONTEFIORE MEDICAL CENTER 114 Old Country Road, Suite 300 Mineola, NY 11501 (516) 620-1700 File #: 11190-000305 O'Connor Meguiness Conte Doyle & Oleson Attorneys for Defendant(s) DREW SWISS One Barker Avenue, Suite 675 White Plains, NY 10601 (212) 685-8095 STATE OF NEW YORK } } ss. COUNTY OF NEW YORK } Michael A. Rose, being duly sworn, deposes and says: That deponent is a member with HACH & ROSE, L.L.P., attomeys for the plaintiff in the within action; that the deponent has read the foregoing BILL OF PARTICULARS and knows the contents thereof; that the same is true to deponents knowledge except as to the maiters therein stated to be alleged upon information and belief, and as to those matters deponent believes it to be true and the reasons that this verification is not made by the plaintiff and is made by deponent is that plaintiff does not reside in the county where the attorney for the plaintiff have their office. Deponent further says that the source of deponent’s information and the grounds of deponent’s beliefs as to all matters not stated upon deponent’s knowledge are from investigation made on behalf of said plaintiff. Dated: New York, New York March 27, 2014 Michae! meas psec cee nnmntnnneeenennnne nce nnenneeenenennnrcceneamantacenennecnnnannanannannnganenannnmnnanscnmemnceaneanancea SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX tan ane euqannnandccuncencenencuactncccensenerneaseer-=nacenneeecenanenennnnenanenntannnnnannunenuarsannunnanantanemnn KELLEY PHILLIPS, Plaintiff(s), -against- DREW SWISS and MONTEFIORE MEDICAL CENTER, Defendant(s). ebadrnaieeeeenenneenbaannee, Nee aneeceet perpen erento VERIFIED BILL OF PARTICULARS i oa = ee HACH & ROSE, LLP Attorneys for Plaintiff(s) KELLEY PHILLIPS 185 Madison Avenue, 14" Floor New York, NY 10016 Tel. (212) 779-0057 Fax. (212) 779-0028