Preview
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
EXHIBIT G
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
lo250 -
205
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------X
ANTONIO ESPINOSA,
Plaintiff,
-against- VERIFIED BILL OF
PARTICULARS
MAC 60 LLC AND ROYAL HOME IMPROVEMENTS,
INC. Index No.: 515277/2018
Defendant(s).
__-------- --------------------------------X
Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, responding to the demands
of the Defendants for a Verified Bill of Particulars, allege(s), upon information and belief:
1. Plaintiff, Antonio Espinosa was born in 1979.
2. As for the Social security numbers, improper demand for a Bill of Particulars as per New
York General Business Law §399-ddd.
3. Plaintiff Antonio Espinosa resides at 1732 West 1st Street, Brooklyn NY 11223.
4. Not applicable.
5. The occurrence complained of took place on January 11, 2018 at or about 8:00 AM.
6. The occurrence complained of took place at a building under construction / renovation
located at 2357 60th Street, Brooklyn, New York 11204.
7. Plaintiff was struck by a falling object from an elevated height.
8. The defendants, their agents, servants and/or employees were negligent, reckless and
careless in the negligent ownership, operation, maintenance, management, control,
possession, supervision, direction, construction, inspection, renovation, rehabilitation, of
the said premises under construction; in that they failed to provide plaintiff with a safe
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
place to work; failed to provide the plaintiff with a hazard-free work place; failed to
provide a laborer/ and/ or signalman; failed to provide the plaintiff with safety belts,
safety ropes, safety harnesses and/or other safety devices; in failing to provide the
plaintiff with a hard hat; safety netting or other protective devices; in failing to provide
proper overhead protection; in allowing objects, debris, construction materials, bricks,
etc., or other construction materials to fall from the above floors of the premises and
strike plaintiff; in allowing materials, debris, and objects to fall down from an elevated
height; in failing to properly secure bricks or removing metal frames, and allowing same
to fall down; in failing to install screens, guardrail systems, nets, catch platforms or
canopy structures that contain or deflect the falling objects; in negligently, carelessly and
recklessly allowing loose improperly secured materials to fall and strike the plaintiff; in
failing to secure construction material which fell down and struck the Plaintiff; failed to
properly control, direct and/or supervise the plaintiff with proper safety devices to be
placed as to afford proper protection to the plaintiff lawfully working thereat; failed to
inspect the work areas on the date of the accident and prior thereto to see that said work
area contained proper and approved safety devices; in failing to properly hoist
construction materials; in failing to provide hard hats or safety equipment; in failing to
secure the equipment; in improperly hoisting materials; in failing to erect proper barriers;
in failing to use proper equipment; in failing to properly transport materials upon the
premises; in failing to use proper equipment and safety devices; in negligently
transporting materials to elevated heights at the premises; in negligently. carelessly, and
recklessly performing construction, demolition, renovation, construction, at the premises;
in failing to use proper materials and equipment; in failing to use proper equipment in
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
hoisting/transporting. in failing to provide the plaintiff with a safe place to work; in
failing to warn the plaintiff of the dangers involved herein; in failing to use proper netting
or other devices which would have prevented the objects from falling from elevated
heights; in failing to secure materials or equipment being transported or hoisted at the
premises; in negligently and carelessly failing to secure materials and/ or equipment
which were being secured upon the side of the building. In failing to properly tie, secure.
and attach the materials or objects at the time of the accident.
"8"
9. Please refer to paragraph incorporated by reference.
10. Improper for demand for a bill of particulars.
11. Improper for demand for a bill of particulars.
12. Improper for demand for a bill of particulars.
13. Improper for demand for a bill of particulars.
14. Improper for demand for a bill of particulars.
15. Improper for demand for a bill of particulars.
16. Improper for demand for a bill of particulars.
17. Improper for demand for a bill of particulars.
18. Improper for demand for a bill of particulars.
19. Improper for demand for a bill of particulars.
20. Improper for demand for a bill of particulars.
21. Improper for demand for a bill of particulars.
22. Improper for demand for a bill of particulars.
23. Improper for demand for a bill of particulars.
24. Improper for demand for a bill of particulars.
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
25. Improper for demand for a bill of particulars.
26. Improper for demand for a bill of particulars.
27. Improper for demand for a bill of particulars.
28. Improper for demand for a bill of particulars.
29. Improper for demand for a bill of particulars.
30. Improper for demand for a bill of particulars.
31. Improper for demand for a bill of particulars.
32. Improper for demand for a bill of particulars.
33. Improper for demand for a bill of particulars.
34. Improper for demand for a bill of particulars.
35. Improper for demand for a bill of particulars.
36. Improper for demand for a bill of particulars.
37. Improper for demand for a bill of particulars.
38. Improper for demand for a bill of particulars.
39. Improper for demand for a bill of particulars.
40. As a result of the occurrence, the Plaintiff Antonio Espinosa sustained the following
personal injuries, all of which are alleged to be of a permanent nature:
CLOSED HEAD TRAUMA WITH POSTTRAUMATIC HEADACHE DISORDER;
OPEN WOUND TO THE RIGHT SIDE OF THE FOREHEAD;
POST-TRAUMATIC STRESS DISORDER;
ANXIETY DISORDER DUE TO MEDICAL CONDITION;
TRAUMATIC BRAIN INJURY;
HEAD INJURY;
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
Plaintiff may require future surgeries;
Future cervical epidural steroid injections;
Future surgery to the cervical spine, including but not limited to, diskectomy and/or
laminectomy/fusion;
Future lifetime medical care and cost thereof, including orthopedic and
neurological follow-up, physical therapy, as well as diagnostic testing;
Future lifetime pharmaceutical needs and cost thereof;
As a result of the above injuries, plaintiff suffers severe pain and tenderness of the
head, neck, cervical and lumbosacral spine, and left and right shoulders, left and right
knees weakness, loss of function, loss of strength, aggravation of a pre-existing, latent
and asymptomatic degenerative conditions, restriction of motion, tears, difficulty in
ambulation, inability to stand for extended periods of time, difficulty in sleeping, all with
involvement of the surrounding tissues, nerve endings, blood vessels, tendons and
ligaments, all with resultant pain, deformity and disability.
All of the aforementioned injuries, resulting disabilities, aggravations,
exacerbations and involvements are associated with further soft tissue injuries to the areas
traumatically affected, including: fracture, tearing, derangement and damage to the
associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all
concomitant to the specific injuries and related to the specific portions of the body
mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity
and disability; stiffness, tenderness, weakness and partial restriction and limitation of
motion, pain on motion and loss of use of the abovementioned parts.
The Plaintiff reserves the right to prove any and all further consequences and any
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
and all further medical expenses up to and at the time of trial.
Upon information and belief, all of the above injuries are permanent and
continuing in nature, except for objective signs of contusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living
a lesser quality of life, including loss of enjoyment of life than the Plaintiff would
otherwise have experienced, but for the injuries and conditions alleged herein.
The Plaintiff suffered, still suffers, and upon information and belief will continue
to suffer pain, discomfort and limited movement of the injured portions of his body,
including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels
and soft tissues.
The plaintiff requires future surgeries to the areas which were traumatically
affected as a result of the accident.
All of the injuries sustained by the plaintiff in this accident, were caused, created
or exacerbated the subject upon information and belief the plaintiff had pre-
by accident;
existing conditions which were less symptomatic or asymptomatic prior to the accident,
and as a result of the subject accident were aggravated or exacerbated; in the alternative
or in addition the plaintiff had degenerative disc disease and / or arthritis and/or tears
which were less symptomatic or asymptomatic prior to the accident and was exacerbated
or aggravated as a result of the accident; in addition the plaintiff had such congenital
malformation as it/they existed prior to the accident which was less symptomatic or
asymptomatic prior to the accident and was exacerbated or aggravated as a result of the
accident.
41. Improper demand.
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
42. Improper demand.
"8"
43. Please refer to paragraph incorporated by reference.
"8"
44. Please refer to paragraph incorporated by reference.
"8"
45. Please refer to paragraph incorporated by reference.
"8"
46. Please refer to paragraph incorporated by reference.
"8"
47. Please refer to paragraph incorporated by reference.
"8"
48. Please refer to paragraph incorporated by reference.
49. Improper demand.
50. Actual and constructive notice are both claimed.
51. Actual and Constructive Notice claimed herein. Upon information and belief the
defendants had actual notice of the conditions which caused, created or contributed to the
occurrence alleged in the complaint; upon information and belief the defendants, their
agents, servants, and / or employees observed the conditions, caused or created or
contributed the conditions; were aware of the conditions; the names and times of the
aforesaid shall be provided subsequent to depositions and the conclusion of discovery.
Furthermore notice is not a pre-requisite to plaintiff's causes of action under Labor Law
Section 240(1), 240(2) and 241(6) claims and causes of action.
52. Constructive notice is claimed in that the aforementioned conditions existed for a lengthy
and extended period of time such that the defendants in the exercise of reasonable care
and due diligence could have discovered and remedied same. Plaintiff reserves the right
to supplement or amend this response subsequent to depositions. Furthermore notice is
not a pre-requisite to plaintiff's causes of action under Labor Law Section 240(1), 240(2)
and 241(6) claims and causes of action.
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
"8"
53. Please refer paragraph incorporated by reference.
54. As a result of the occurrence, the Plaintiff Antonio Espinosa sustained the following
personal injuries, all of which are alleged to be of a permanent nature:
CLOSED HEAD TRAUMA WITH POSTTRAUMATIC HEADACHE DISORDER;
OPEN WOUND TO THE RIGHT SIDE OF THE FOREHEAD;
POST-TRAUMATIC STRESS DISORDER;
ANXIETY DISORDER DUE TO MEDICAL CONDITION;
POST TRAUMATIC HEADACHES;
HEAD LACERATION
TRAUMATIC BRAIN INJURY;
CERVICAL SPRAIN/STRAIN;
CERVICAL BUILGING DISC;
HEAD INJURY;
Plaintiff may require future surgeries;
Future cervical epidural steroid injections;
Future surgery to the cervical spine, including but not limited to, diskectomy and/or
laminectomy/fusion;
Future lifetime medical care and cost thereof, including orthopedic and
neurological follow-up, physical therapy, as well as diagnostic testing;
Future lifetime pharmaceutical needs and cost thereof;
As a result of the above injuries, plaintiff suffers severe pain and tenderness of the
head, neck, cervical and lumbosacral spine, and left and right shoulders, left and right
knees weakness, loss of function, loss of strength, aggravation of a pre-existing, latent
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
and asymptomatic degenerative conditions, restriction of motion, tears, difficulty in
ambulation, inability to stand for extended periods of time, difficulty in sleeping, all with
involvement of the surrounding tissues, nerve endings, blood vessels, tendons and
ligaments, all with resultant pain, deformity and disability.
All of the aforementioned injuries, resulting disabilities, aggravations,
exacerbations and involvements are associated with further soft tissue injuries to the areas
traumatically affected, including: fracture, tearing, derangement and damage to the
associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all
concomitant to the specific injuries and related to the specific portions of the body
mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity
and disability; stiffness, tenderness, weakness and partial restriction and limitation of
motion, pain on motion and loss of use of the abovementioned parts.
The Plaintiff reserves the right to prove any and all further consequences and any
and all further medical expenses up to and at the time of trial.
Upon information and belief, all of the above injuries are permanent and
continuing in nature, except for objective signs of contusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living
a lesser quality of life, including loss of enjoyment of life than the Plaintiff would
otherwise have experienced, but for the injuries and conditions alleged herein.
The Plaintiff suffered, still suffers, and upon information and belief will continue
to suffer pain, discomfort and limited movement of the injured portions of his body,
including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels
and soft tissues.
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
The plaintiff requires future surgeries to the areas which were traumatically
affected as a result of the accident.
All of the injuries sustained by the plaintiff in this accident, were caused, created
or exacerbated the subject upon information and belief the plaintiff had pre-
by accident;
existing conditions which were less symptomatic or asymptomatic prior to the accident,
and as a result of the subject accident were aggravated or exacerbated; in the alternative
or in addition the plaintiff had degenerative disc disease and / or arthritis and/or tears
which were less symptomatic or asymptomatic prior to the accident and was exacerbated
or aggravated as a result of the accident; in addition the plaintiff had such congenital
malfonnation as it/they existed prior to the accident which was less symptomatic or
asymptomatic prior to the accident and was exacerbated or aggravated as a result of the
accident.
"54"
55. Please refer to paragraph incorporated by reference.
56. Please refer to discovery response being served simultaneously.
"54"
57. Please refer to paragraph incorporated by reference.
58. Plaintiff was confined to bed and home for approximately four months as a result of this
accident.
59. Plaintiff was treated in the emergency room at Coney Island Hospital Center, 2601 Ocean
Parkway, Brooklyn, NY 11235.
60. Plaintiff was disabled for approximately four months as a result of this accident.
61. Plaintiff was disabled for approximately four months as a result of this accident.
62. Please be advised that Plaintiff medical expenses and/or lost wages were partially and/or
fully paid for by New York State Insurance Fund, 199 church Street, New York, NY
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
10007, claim #: 71612139-308, and which maintains a statutory lien in this matter in the
amount of $563.81 to date and continuing for medical benefits and indemnity in the
approximate amount of $4,704.00 to date and continuing. Authorization for all bills being
served simultaneously. Plaintiff reserves the right to prove the actual amounts billed at
trial. It is anticipated that Plaintiff will sustain substantial future medical costs and
expenses related to the accident/incident, including if applicable life time care. Plaintiff
claims future economic loss for medical care and treatment as shall be set forth in any life
care plan or economist's report to be served in the future if applicable.
Plaintiff sustained lost earnings from January 11, 2018 to April, 2018 in the
approximate amount of $600 a week.
"62"
63. Please refer to paragraph incorporated by reference.
64. Improper demand for a bill of particulars. At the time of the accident Plaitniff was
employed by Gilmar Design Corp., 2122 E. 13 Street, #2, Brooklyn, New York, 11229.
65. Improper demand for a bill of particulars.
66. Not applicable.
67. Not applicable.
68. Improper demand for bill of particulars.
69. Improper demand for bill of particulars.
70. Plaintiff respectfully request that this Court take judicial notice of all statutes, rules, laws
and/or ordinances violated by the defendants herein. More specifically, the defendants,
their agents, servants and/or employees violated Sections 200, 240, 240(1), 240(2), 241
and 241(6) of the Labor Law of the State of New York; as well as the following sections
of Rule 23 of the Industrial Code of the State of New York (12NYCRR23) including but
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018
NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023
not limited to: 12 NYCRR 23-1.4; 12 NYCRR 23-1.5(c)(1)-(3); 12 NYCRR 23-1.7(a)
12 NYCRR 12 NYCRR 12 NYCRR 23-
(b), (d), (e)(1)-(2); 23-1.8(c); 23-1.11(a), (c);
1.12(c); 12 NYCRR 23-1.13(b)(1-5, 8); (c); 12 NYCRR 23-1.15; 12 NYCRR 23-1.16 (a),
(b), (c), (d), (e), (f); 12 NYCRR 23-1.17 (b) (c) (e); 12 NYCRR 23-1.18(b)(1)-(3), (c); 12
NYCRR 23-1.19; 12 NYCRR 23-1.20(a-d); 12 NYCRR 23-1.21(b)(1)-(10), (d),
(e)(2),(3),(5); 12
Preview
FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 EXHIBIT G FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 lo250 - 205 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------X ANTONIO ESPINOSA, Plaintiff, -against- VERIFIED BILL OF PARTICULARS MAC 60 LLC AND ROYAL HOME IMPROVEMENTS, INC. Index No.: 515277/2018 Defendant(s). __-------- --------------------------------X Plaintiff, by his attorneys, ORESKY & ASSOCIATES, PLLC, responding to the demands of the Defendants for a Verified Bill of Particulars, allege(s), upon information and belief: 1. Plaintiff, Antonio Espinosa was born in 1979. 2. As for the Social security numbers, improper demand for a Bill of Particulars as per New York General Business Law §399-ddd. 3. Plaintiff Antonio Espinosa resides at 1732 West 1st Street, Brooklyn NY 11223. 4. Not applicable. 5. The occurrence complained of took place on January 11, 2018 at or about 8:00 AM. 6. The occurrence complained of took place at a building under construction / renovation located at 2357 60th Street, Brooklyn, New York 11204. 7. Plaintiff was struck by a falling object from an elevated height. 8. The defendants, their agents, servants and/or employees were negligent, reckless and careless in the negligent ownership, operation, maintenance, management, control, possession, supervision, direction, construction, inspection, renovation, rehabilitation, of the said premises under construction; in that they failed to provide plaintiff with a safe FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 place to work; failed to provide the plaintiff with a hazard-free work place; failed to provide a laborer/ and/ or signalman; failed to provide the plaintiff with safety belts, safety ropes, safety harnesses and/or other safety devices; in failing to provide the plaintiff with a hard hat; safety netting or other protective devices; in failing to provide proper overhead protection; in allowing objects, debris, construction materials, bricks, etc., or other construction materials to fall from the above floors of the premises and strike plaintiff; in allowing materials, debris, and objects to fall down from an elevated height; in failing to properly secure bricks or removing metal frames, and allowing same to fall down; in failing to install screens, guardrail systems, nets, catch platforms or canopy structures that contain or deflect the falling objects; in negligently, carelessly and recklessly allowing loose improperly secured materials to fall and strike the plaintiff; in failing to secure construction material which fell down and struck the Plaintiff; failed to properly control, direct and/or supervise the plaintiff with proper safety devices to be placed as to afford proper protection to the plaintiff lawfully working thereat; failed to inspect the work areas on the date of the accident and prior thereto to see that said work area contained proper and approved safety devices; in failing to properly hoist construction materials; in failing to provide hard hats or safety equipment; in failing to secure the equipment; in improperly hoisting materials; in failing to erect proper barriers; in failing to use proper equipment; in failing to properly transport materials upon the premises; in failing to use proper equipment and safety devices; in negligently transporting materials to elevated heights at the premises; in negligently. carelessly, and recklessly performing construction, demolition, renovation, construction, at the premises; in failing to use proper materials and equipment; in failing to use proper equipment in FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 hoisting/transporting. in failing to provide the plaintiff with a safe place to work; in failing to warn the plaintiff of the dangers involved herein; in failing to use proper netting or other devices which would have prevented the objects from falling from elevated heights; in failing to secure materials or equipment being transported or hoisted at the premises; in negligently and carelessly failing to secure materials and/ or equipment which were being secured upon the side of the building. In failing to properly tie, secure. and attach the materials or objects at the time of the accident. "8" 9. Please refer to paragraph incorporated by reference. 10. Improper for demand for a bill of particulars. 11. Improper for demand for a bill of particulars. 12. Improper for demand for a bill of particulars. 13. Improper for demand for a bill of particulars. 14. Improper for demand for a bill of particulars. 15. Improper for demand for a bill of particulars. 16. Improper for demand for a bill of particulars. 17. Improper for demand for a bill of particulars. 18. Improper for demand for a bill of particulars. 19. Improper for demand for a bill of particulars. 20. Improper for demand for a bill of particulars. 21. Improper for demand for a bill of particulars. 22. Improper for demand for a bill of particulars. 23. Improper for demand for a bill of particulars. 24. Improper for demand for a bill of particulars. FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 25. Improper for demand for a bill of particulars. 26. Improper for demand for a bill of particulars. 27. Improper for demand for a bill of particulars. 28. Improper for demand for a bill of particulars. 29. Improper for demand for a bill of particulars. 30. Improper for demand for a bill of particulars. 31. Improper for demand for a bill of particulars. 32. Improper for demand for a bill of particulars. 33. Improper for demand for a bill of particulars. 34. Improper for demand for a bill of particulars. 35. Improper for demand for a bill of particulars. 36. Improper for demand for a bill of particulars. 37. Improper for demand for a bill of particulars. 38. Improper for demand for a bill of particulars. 39. Improper for demand for a bill of particulars. 40. As a result of the occurrence, the Plaintiff Antonio Espinosa sustained the following personal injuries, all of which are alleged to be of a permanent nature: CLOSED HEAD TRAUMA WITH POSTTRAUMATIC HEADACHE DISORDER; OPEN WOUND TO THE RIGHT SIDE OF THE FOREHEAD; POST-TRAUMATIC STRESS DISORDER; ANXIETY DISORDER DUE TO MEDICAL CONDITION; TRAUMATIC BRAIN INJURY; HEAD INJURY; FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 Plaintiff may require future surgeries; Future cervical epidural steroid injections; Future surgery to the cervical spine, including but not limited to, diskectomy and/or laminectomy/fusion; Future lifetime medical care and cost thereof, including orthopedic and neurological follow-up, physical therapy, as well as diagnostic testing; Future lifetime pharmaceutical needs and cost thereof; As a result of the above injuries, plaintiff suffers severe pain and tenderness of the head, neck, cervical and lumbosacral spine, and left and right shoulders, left and right knees weakness, loss of function, loss of strength, aggravation of a pre-existing, latent and asymptomatic degenerative conditions, restriction of motion, tears, difficulty in ambulation, inability to stand for extended periods of time, difficulty in sleeping, all with involvement of the surrounding tissues, nerve endings, blood vessels, tendons and ligaments, all with resultant pain, deformity and disability. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts. The Plaintiff reserves the right to prove any and all further consequences and any FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 and all further medical expenses up to and at the time of trial. Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs of contusions and abrasions. All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein. The Plaintiff suffered, still suffers, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. The plaintiff requires future surgeries to the areas which were traumatically affected as a result of the accident. All of the injuries sustained by the plaintiff in this accident, were caused, created or exacerbated the subject upon information and belief the plaintiff had pre- by accident; existing conditions which were less symptomatic or asymptomatic prior to the accident, and as a result of the subject accident were aggravated or exacerbated; in the alternative or in addition the plaintiff had degenerative disc disease and / or arthritis and/or tears which were less symptomatic or asymptomatic prior to the accident and was exacerbated or aggravated as a result of the accident; in addition the plaintiff had such congenital malformation as it/they existed prior to the accident which was less symptomatic or asymptomatic prior to the accident and was exacerbated or aggravated as a result of the accident. 41. Improper demand. FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 42. Improper demand. "8" 43. Please refer to paragraph incorporated by reference. "8" 44. Please refer to paragraph incorporated by reference. "8" 45. Please refer to paragraph incorporated by reference. "8" 46. Please refer to paragraph incorporated by reference. "8" 47. Please refer to paragraph incorporated by reference. "8" 48. Please refer to paragraph incorporated by reference. 49. Improper demand. 50. Actual and constructive notice are both claimed. 51. Actual and Constructive Notice claimed herein. Upon information and belief the defendants had actual notice of the conditions which caused, created or contributed to the occurrence alleged in the complaint; upon information and belief the defendants, their agents, servants, and / or employees observed the conditions, caused or created or contributed the conditions; were aware of the conditions; the names and times of the aforesaid shall be provided subsequent to depositions and the conclusion of discovery. Furthermore notice is not a pre-requisite to plaintiff's causes of action under Labor Law Section 240(1), 240(2) and 241(6) claims and causes of action. 52. Constructive notice is claimed in that the aforementioned conditions existed for a lengthy and extended period of time such that the defendants in the exercise of reasonable care and due diligence could have discovered and remedied same. Plaintiff reserves the right to supplement or amend this response subsequent to depositions. Furthermore notice is not a pre-requisite to plaintiff's causes of action under Labor Law Section 240(1), 240(2) and 241(6) claims and causes of action. FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 "8" 53. Please refer paragraph incorporated by reference. 54. As a result of the occurrence, the Plaintiff Antonio Espinosa sustained the following personal injuries, all of which are alleged to be of a permanent nature: CLOSED HEAD TRAUMA WITH POSTTRAUMATIC HEADACHE DISORDER; OPEN WOUND TO THE RIGHT SIDE OF THE FOREHEAD; POST-TRAUMATIC STRESS DISORDER; ANXIETY DISORDER DUE TO MEDICAL CONDITION; POST TRAUMATIC HEADACHES; HEAD LACERATION TRAUMATIC BRAIN INJURY; CERVICAL SPRAIN/STRAIN; CERVICAL BUILGING DISC; HEAD INJURY; Plaintiff may require future surgeries; Future cervical epidural steroid injections; Future surgery to the cervical spine, including but not limited to, diskectomy and/or laminectomy/fusion; Future lifetime medical care and cost thereof, including orthopedic and neurological follow-up, physical therapy, as well as diagnostic testing; Future lifetime pharmaceutical needs and cost thereof; As a result of the above injuries, plaintiff suffers severe pain and tenderness of the head, neck, cervical and lumbosacral spine, and left and right shoulders, left and right knees weakness, loss of function, loss of strength, aggravation of a pre-existing, latent FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 and asymptomatic degenerative conditions, restriction of motion, tears, difficulty in ambulation, inability to stand for extended periods of time, difficulty in sleeping, all with involvement of the surrounding tissues, nerve endings, blood vessels, tendons and ligaments, all with resultant pain, deformity and disability. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, with resultant scars, hemorrhage, pain, ecchymosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts. The Plaintiff reserves the right to prove any and all further consequences and any and all further medical expenses up to and at the time of trial. Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs of contusions and abrasions. All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein. The Plaintiff suffered, still suffers, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of his body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 The plaintiff requires future surgeries to the areas which were traumatically affected as a result of the accident. All of the injuries sustained by the plaintiff in this accident, were caused, created or exacerbated the subject upon information and belief the plaintiff had pre- by accident; existing conditions which were less symptomatic or asymptomatic prior to the accident, and as a result of the subject accident were aggravated or exacerbated; in the alternative or in addition the plaintiff had degenerative disc disease and / or arthritis and/or tears which were less symptomatic or asymptomatic prior to the accident and was exacerbated or aggravated as a result of the accident; in addition the plaintiff had such congenital malfonnation as it/they existed prior to the accident which was less symptomatic or asymptomatic prior to the accident and was exacerbated or aggravated as a result of the accident. "54" 55. Please refer to paragraph incorporated by reference. 56. Please refer to discovery response being served simultaneously. "54" 57. Please refer to paragraph incorporated by reference. 58. Plaintiff was confined to bed and home for approximately four months as a result of this accident. 59. Plaintiff was treated in the emergency room at Coney Island Hospital Center, 2601 Ocean Parkway, Brooklyn, NY 11235. 60. Plaintiff was disabled for approximately four months as a result of this accident. 61. Plaintiff was disabled for approximately four months as a result of this accident. 62. Please be advised that Plaintiff medical expenses and/or lost wages were partially and/or fully paid for by New York State Insurance Fund, 199 church Street, New York, NY FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 10007, claim #: 71612139-308, and which maintains a statutory lien in this matter in the amount of $563.81 to date and continuing for medical benefits and indemnity in the approximate amount of $4,704.00 to date and continuing. Authorization for all bills being served simultaneously. Plaintiff reserves the right to prove the actual amounts billed at trial. It is anticipated that Plaintiff will sustain substantial future medical costs and expenses related to the accident/incident, including if applicable life time care. Plaintiff claims future economic loss for medical care and treatment as shall be set forth in any life care plan or economist's report to be served in the future if applicable. Plaintiff sustained lost earnings from January 11, 2018 to April, 2018 in the approximate amount of $600 a week. "62" 63. Please refer to paragraph incorporated by reference. 64. Improper demand for a bill of particulars. At the time of the accident Plaitniff was employed by Gilmar Design Corp., 2122 E. 13 Street, #2, Brooklyn, New York, 11229. 65. Improper demand for a bill of particulars. 66. Not applicable. 67. Not applicable. 68. Improper demand for bill of particulars. 69. Improper demand for bill of particulars. 70. Plaintiff respectfully request that this Court take judicial notice of all statutes, rules, laws and/or ordinances violated by the defendants herein. More specifically, the defendants, their agents, servants and/or employees violated Sections 200, 240, 240(1), 240(2), 241 and 241(6) of the Labor Law of the State of New York; as well as the following sections of Rule 23 of the Industrial Code of the State of New York (12NYCRR23) including but FILED: KINGS COUNTY CLERK 04/26/2023 07:03 PM INDEX NO. 515277/2018 NYSCEF DOC. NO. 170 RECEIVED NYSCEF: 04/26/2023 not limited to: 12 NYCRR 23-1.4; 12 NYCRR 23-1.5(c)(1)-(3); 12 NYCRR 23-1.7(a) 12 NYCRR 12 NYCRR 12 NYCRR 23- (b), (d), (e)(1)-(2); 23-1.8(c); 23-1.11(a), (c); 1.12(c); 12 NYCRR 23-1.13(b)(1-5, 8); (c); 12 NYCRR 23-1.15; 12 NYCRR 23-1.16 (a), (b), (c), (d), (e), (f); 12 NYCRR 23-1.17 (b) (c) (e); 12 NYCRR 23-1.18(b)(1)-(3), (c); 12 NYCRR 23-1.19; 12 NYCRR 23-1.20(a-d); 12 NYCRR 23-1.21(b)(1)-(10), (d), (e)(2),(3),(5); 12