Preview
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
"C"
EXHIBIT
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
--- ----------------------------- --X
TYKIMA THOMPSON, Index No.: 35123/2019E
Plaintiff,
VERIFIED BILL OF
PARTICULARS
-against-
EVEREST SCAFFOLDING INC. and JADERLYN A.
GALAN SANTAMARIA,
Defendants.
_____ --------------------------------X
Plaintiff TYKIMA THOMPSON, by her attorneys, LEAV & STEINBERG, LLP, as and
for her Verified Bill of Particulars responsive to the demands severed by the defendants,
EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA respectfully
sets forth and alleges the following, upon information and belief:
1. Plaintiff is presently 29 years old. Plaintiff's date of birth is
Plaintiff objects to providing her social security number. This infonnation is irrelevant to the
issues in this case. Further, plaintiff is prevcated from dindoning this information pursuant to
General Buslñess Law 399 dd Confidcñtislity of social security number. Moreover, in light of
General Business Law 399 dd and Public Officers Law 96 a which prohibit the disclosure of any
deement bearing a person's social security number on a document that may become subject to
review by the general public.
2. The accident took place on March 26, 2018 at approximately 10:40A.M.
156*
3. The accident occurred on East Street at or near the intersection of Truxton
Street, in the County of Bronx, City and State of New York.
4. On March 26, 2018, the vehicle owned by defendant EVEREST SCAFFOLDING
INC. and operated by defendant JADERLYN A. GALAN SANTAMARIA was on the drivers
*20 FEB-2699 39
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
defendants'
side of plaintiff's vehicle when vehicle made a right turn and their vehicle struck
plaintiff's vehicle.
5. The defendants EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN
SANTAMARIA were careless, reckless and negligent in the ownership, operation, care, custody,
charge, management, reà inteñãnce, supervision and control of their vehicle; in failing to keep
same under careful, lawful and proper control; in operating their vehicle at a dangerous,
excessive and unlãwful rate of speed under the circumstances; in failing to look; in failing to see;
in failing to avoid this accident; in failing to use proper and good judgment in the operation of
their vehicle; in failing to slow down and/or failure to stop their vehicle at the stop sign in a
proper and timely manner in order to avoid this occurrence; in causing their vehicle to come in
contact with plaintiffs vehicle; in failing to heed and obey the traffic signs, signals, rules and
reg‡a±ions governing the operation of motor vehicles; in failing to apply their brakes in a proper
and timely fashion; in failing to equip their vehicle with proper and necessary operating
equipment ineh' but limited and
g not to, brakes steering equipmeñ‡; in failing to properly
utilize the operating equipment of their vehicle; in failing to give any signal or warning prior to
contact with other vehicles; in failing to sound a horn or other signaling device to warn; in losing
control of their vehicle; in failing to regain control of their vehicle prior to the accident; in
operating their vehicle with inattention; in failing to come to yield to the right of way of traffic
causing their vehicle to strike plaintiff's vehicle; in not allowing enough space for their vehicle
to make a right turn causing their vehicle to strike plaintiff's vehicle; in failing to keep a proper
and careful lookout for traffic and roadway conditions; in failing to heed and obey the traffic
rules and regulations governing the operation of motor vehicles in the State of New York; in
failing to give plaintiff an opportunity to avoid this occurrence; in failing to use all due care and
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
caution in the operation, management and control of their vehicic; in failing to heed and observe
the flow of traffic conditions; in failing to exercise proper judgment or caution, or to maiñtaiñ a
proper lookout; in proceeding in violation of and in disregard to the safety of others; in that
defendants actions were gross, wanton, reckless and willful; in violating the applicable laws,
rules, ordinances, statutes and regulation in such cases made and provided; defendants: were
otherwise careless, reckless and negligent and failed to exercise reasonable care and prudeñce in
the operation of their vehicle, all without any fault or lack of care on the part of plaintiff
contributing thereto.
..
6. Plaintiff will rely upon the Court taking judicial notice at the time of trial of the
applicable laws, rules, statutes, codes, ordinances and regulations that defendant violated
including, but not limited to § 301, 375, 388, 1100, 1101, 1110, 1140, 1141, 1142, 1146, 1150,
. .
1151, 1163, 1172, 1180, 1200, 1212 and 1226 of the Vehicle & Traffic Law.
7-8. Objectioñ. Plaintiff is not making a claim for actual or constructive notice of a
defective condition, therefore this dcmañd is inapplicable.
9. Plaintiff TYKIMA THOMPSON sustained the following serious, severe and
grievous personal injuries:
RIGHT KNEE:
• Peripheral tear and separation of the posterior horn of the medial
meniscus;
• Subcapsular fluid accumulation;
• Popliteal cyst;
• Tear if the tibial insertion of the anterior cruciate ligareeñt;
• Joint effusion;
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
• Chondral injury;
• Synovitis;
That on November 15, 2019 plaintiff underwent an arthroscopy; partial medial
meniscectomy; arthroscopic synovectomy (multiple compartmcñ‡s); chondroplasty of
patellofemoral joint with abrasion chôñdroplasty:; and injection of the right knee under
general anesthesia by Dr. Richard Seldes as follows:
"...An anterolateral arthroscopic portal was created using scalpel.
Diagnostic arthroscopy was performed.
Through an anteromedial portal, using a combination of arthroscopic
biters and shaver a partial medial meniscectomy was performed back to a stable
rim. This was probed and found to be stable. The remaining meniscus was found
to be intact and stable after the meniscectomy.
A fully synovectomy was then performed in multiple compartments using
a shaver and radiofrequency device. All bleeders were cauterized using the
radiofrequency device. After the complete synovectomy, there was no inflamed
synovium present.
Attention was drawn to the patellofemoral space. Loose flaps of cartilage
were removed off the patella and trochlea using a combination of shaver, biters,
and radiofrequency device. This was performed without difficultly. The
remaining articular cartilage was probed and found to be intact. An abrasion
chondroplasty was perfonned creating bleeding bones through microvascular
channels for cartilage regrowth.
The arthroscopic equipment was withdrawn. The portal sites were closed
pain."
using 3-0 nylon, the knee was injected with 0.25% Marcaine for
That the above injuries to the right knee were accompanied by and productive of pain;
ñümbñcss; tenderness; radiculopathy; rigidity; stiffness; swelling; inflammation; weakness;
denervation; paresthesia; synovitis; tightness; malfimction; spasms; restriction and limitation of
all movement, motion and bending; post-traumatic arthritis and/or arthritic changes; soreness;
induration; mal coordination; effusions; edema; loss of strength; fatigue; thickening;
contracture; softening; fragmcñtation; ecchymosis; myositis; atrophy; sensitivity; difficulty
sleeping; instability; restricted full and guarded movements; limited motion with pain;
movements with great diffieü1ty; severe pain to the right knee; decreased range of motion to the
right knee; radiating symptoms; pain causes plaintiff to wake from sleep at night; discomfort;
deformity and disability;
Plaintiff has been advised that the aforementioned conditions are of a chronic and
protracted nature and will have permaneñt, residual effects and will manifest permanent sequelae
and plaintiff expressly claims any and all sequelae and/or residuals, which may manifest
themselves prior to the time of trial;
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
The foregoing injuries, if not caused by this occurrence, were aggravated, activated,
precipitated and/or exacerbated by same;
Plaintiff undcrwent an extensive course of orthopedic treatment;
Upon information and belief, plaintiff may require future surgery and/or injections;
Upon information and belief, the foregoing injuries are permanent and long lasting in their
nature.
10. Plaintiff reiterates the response contained in 19 supra, with the same force and
effect as though more fully set forth herein.
233rd
11. (a) Plaintiff was confined to Montefiore Hospital, 600 East street, Bronx, NY
10466 on the date of accident, March 26, 2018.
(b) Plaintiff has been partially and intermittently confined to her bed immediately
following the accident of March 26, 2018, except for visits to her physicians and therapists, for a
duration of approximately seven days (7) days.
(b) Plaintiff has been partially and intermittently confined to her home immediately
following the accident of March 26, 2018, except for visits to her physicians and therapists, for a
duration of approximately four (4) weeks.
(c-d) Plaintiff objects to the demands seeking information on partial and total
disability on the basis that these demands seek information which requires a medical opinion and
call for information which is evidentiary in nature. Furthermore, these demands hinge, in part, on
a future contiñgency which is not now in existence. Plaintiffs will rely upon the reports of infant
plaintiff's phy sicimis and provide infonnation pursuant to the dictates of CPLR 3101d.
12. Objection. Plaintiff is not making a claim for lost earnings; therefore, this demand
is inapplicable. Further, plaintiff is not a student; therefore, this demand is inapplicable.
13. Plaintiff claims the following special damages, to date and continuing,
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
approximately and estimated:
A. Physicians......................................$40,000.00
B. Medical Supplies..............................N/A
C. Hospital.........................................$5,000.00
D. X-rays...........................................$5,000.00
E. Nurses Services.................................Included in hospital
F. Loss of Income.................................N/A
G. Any other medical expenses................Additional medical
expenses will be incurred and claimed in the future.
14. Plaintiff's medical bills have been submitted to GEICO, bearing claim number
049 205 189 0101 031, for payment. The total amount of those bills is not known to plaintiff at
the present time and were denied. To the extent of those bills which may not have been paid by
the collateral source aforesaid are still owed, plaintiff will seek damages from the defendant in
the action.
15. Plaintiff sustained a "serious injury", as defined in subdivision 4 of the New York
Insurance Law, Section 5102 (d), and sucte=4 economic loss greater than basic economic loss,
as defined in subdivision 1 of the New York State Insurance Law, Section 5102 (a), as set forth
in 15 supra.
injury"
In addition, plaintiff has sustained a "serious under the New York State Insurance
Law Section 5101 (d) in that he suffered personal injuries resulting in a permanent loss of use of
a body organ, member function or system; permanent consequential limitation of use of a body
organ; a significant limitation of use of a body organ, member, function or system; and a
medically determined injury or impairment of a non-permanent nature which prevents him from
performing substantially all of the material acts which constitute his usual customary daily
activities for not less than ninety days during the one hundred eighty days immediately following
the occurrence of the injury or impairment. The plaintiff additicoally suffered economic loss
greater than basic economic loss as that term is used in Section 5102 et. seq. of the New York
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
State Insurance Law.
16. Plaintiff objects to the demands seeking information on aggravation of a pre-
existing condition on the basis that these demsads seek infonnatioñ which requires a medical
opinion and call for information which is evidentiary in nature. Furthermore, these demands hinge,
in part, on a future contingency which is not now in existence. Plaintiffs will rely upon the reports
of infant plaintiff's physicians and provide information pursuant to the dictates of CPLR 3101d.
17. Objection. This demand is palpably improper in that it seeks evidentiary matters
which are not the proper subject of a bill of particulars and are more appropriately addressed at
time of the examination(s) before trial. However, notwithstanding said objection, plaintiff was
utilizing the seatbelt in her vehicle at the time of the accident.
18. Objection. Plaintiff is not making a claim for property damage; therefore, this
demand is inapplicable.
19. Plaintiff reiterates the response contained in $18 supra, with the same force and
effect as though more fully set forth herein.
20. Objection. Plaintiff is not making a claim for loss of services; therefore, this
demand is inapplicable.
PLEASE TAKE NOTICE that plaintiff reserves her right to serve supplemental and/or
amended responses up to the time of trial.
Dated: New York, New York
February 12, 2020
By: Alexander Kran III
LEAV & STEINBERG, LLP
Attorneys for Plaintiff
75 Broad Street, Suite 1601
New York, New York 10004
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
Tel. No.: (212) 766-5222
Fax No.: (212) 693-2377
L&S File No.: 186992
To.:
PICCIANO & SCAHILL, P.C.
Attorneys for Defendants
EVEREST SCAFFOLDING INC. and
JADERLYN A. GALAN SANTAMARIA
1065 Stewart Avenue, Suite 210
Bethpage, NY 11714
Tel. No.: (516)294-5200
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
----------.-._______ ..____. --------X
TYKIMA THOMPSON, Index No.: 35123/2019E
Plaintiff,
ATTORNEY'S
VERIFICATION
-against-
EVEREST SCAFFOLDING INC. and JADERLYN A.
GALAN SANTAMARIA,
Defendants.
__ --..---------------------------X
Alexâñder Kran III, an attorney duly admitted to practice law in the State of New York,
makes the following affirmation under the penalty of perjury:
I am with the firm of LEAV & STElNBERG, LLP, the attorneys of record for the plaintiff.
I have read the foregoing Bill of Particulars and know the contents thereof; the same is true
to my own knowledge except as to the matters therein stated to be alleged on information and
belief and that as to those matters, I believe them to be true.
This verification is made by affirmant and not by plaintiff because he is not currently in
the County of New York, which is the County where your affirmant maintains offices.
The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge
are correspoñdeñce had with the said plaintiff, information contained in the said plaintiff's file,
which is in affirmant's possession, and other pertinent data relating thereto.
Dated: New York, New York
February 12, 2020
ALEXANDER KRAN III
LEAV & STElNBERG, LLP
Preview
FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 "C" EXHIBIT FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX --- ----------------------------- --X TYKIMA THOMPSON, Index No.: 35123/2019E Plaintiff, VERIFIED BILL OF PARTICULARS -against- EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendants. _____ --------------------------------X Plaintiff TYKIMA THOMPSON, by her attorneys, LEAV & STEINBERG, LLP, as and for her Verified Bill of Particulars responsive to the demands severed by the defendants, EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA respectfully sets forth and alleges the following, upon information and belief: 1. Plaintiff is presently 29 years old. Plaintiff's date of birth is Plaintiff objects to providing her social security number. This infonnation is irrelevant to the issues in this case. Further, plaintiff is prevcated from dindoning this information pursuant to General Buslñess Law 399 dd Confidcñtislity of social security number. Moreover, in light of General Business Law 399 dd and Public Officers Law 96 a which prohibit the disclosure of any deement bearing a person's social security number on a document that may become subject to review by the general public. 2. The accident took place on March 26, 2018 at approximately 10:40A.M. 156* 3. The accident occurred on East Street at or near the intersection of Truxton Street, in the County of Bronx, City and State of New York. 4. On March 26, 2018, the vehicle owned by defendant EVEREST SCAFFOLDING INC. and operated by defendant JADERLYN A. GALAN SANTAMARIA was on the drivers *20 FEB-2699 39 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 defendants' side of plaintiff's vehicle when vehicle made a right turn and their vehicle struck plaintiff's vehicle. 5. The defendants EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA were careless, reckless and negligent in the ownership, operation, care, custody, charge, management, reà inteñãnce, supervision and control of their vehicle; in failing to keep same under careful, lawful and proper control; in operating their vehicle at a dangerous, excessive and unlãwful rate of speed under the circumstances; in failing to look; in failing to see; in failing to avoid this accident; in failing to use proper and good judgment in the operation of their vehicle; in failing to slow down and/or failure to stop their vehicle at the stop sign in a proper and timely manner in order to avoid this occurrence; in causing their vehicle to come in contact with plaintiffs vehicle; in failing to heed and obey the traffic signs, signals, rules and reg‡a±ions governing the operation of motor vehicles; in failing to apply their brakes in a proper and timely fashion; in failing to equip their vehicle with proper and necessary operating equipment ineh' but limited and g not to, brakes steering equipmeñ‡; in failing to properly utilize the operating equipment of their vehicle; in failing to give any signal or warning prior to contact with other vehicles; in failing to sound a horn or other signaling device to warn; in losing control of their vehicle; in failing to regain control of their vehicle prior to the accident; in operating their vehicle with inattention; in failing to come to yield to the right of way of traffic causing their vehicle to strike plaintiff's vehicle; in not allowing enough space for their vehicle to make a right turn causing their vehicle to strike plaintiff's vehicle; in failing to keep a proper and careful lookout for traffic and roadway conditions; in failing to heed and obey the traffic rules and regulations governing the operation of motor vehicles in the State of New York; in failing to give plaintiff an opportunity to avoid this occurrence; in failing to use all due care and FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 caution in the operation, management and control of their vehicic; in failing to heed and observe the flow of traffic conditions; in failing to exercise proper judgment or caution, or to maiñtaiñ a proper lookout; in proceeding in violation of and in disregard to the safety of others; in that defendants actions were gross, wanton, reckless and willful; in violating the applicable laws, rules, ordinances, statutes and regulation in such cases made and provided; defendants: were otherwise careless, reckless and negligent and failed to exercise reasonable care and prudeñce in the operation of their vehicle, all without any fault or lack of care on the part of plaintiff contributing thereto. .. 6. Plaintiff will rely upon the Court taking judicial notice at the time of trial of the applicable laws, rules, statutes, codes, ordinances and regulations that defendant violated including, but not limited to § 301, 375, 388, 1100, 1101, 1110, 1140, 1141, 1142, 1146, 1150, . . 1151, 1163, 1172, 1180, 1200, 1212 and 1226 of the Vehicle & Traffic Law. 7-8. Objectioñ. Plaintiff is not making a claim for actual or constructive notice of a defective condition, therefore this dcmañd is inapplicable. 9. Plaintiff TYKIMA THOMPSON sustained the following serious, severe and grievous personal injuries: RIGHT KNEE: • Peripheral tear and separation of the posterior horn of the medial meniscus; • Subcapsular fluid accumulation; • Popliteal cyst; • Tear if the tibial insertion of the anterior cruciate ligareeñt; • Joint effusion; FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 • Chondral injury; • Synovitis; That on November 15, 2019 plaintiff underwent an arthroscopy; partial medial meniscectomy; arthroscopic synovectomy (multiple compartmcñ‡s); chondroplasty of patellofemoral joint with abrasion chôñdroplasty:; and injection of the right knee under general anesthesia by Dr. Richard Seldes as follows: "...An anterolateral arthroscopic portal was created using scalpel. Diagnostic arthroscopy was performed. Through an anteromedial portal, using a combination of arthroscopic biters and shaver a partial medial meniscectomy was performed back to a stable rim. This was probed and found to be stable. The remaining meniscus was found to be intact and stable after the meniscectomy. A fully synovectomy was then performed in multiple compartments using a shaver and radiofrequency device. All bleeders were cauterized using the radiofrequency device. After the complete synovectomy, there was no inflamed synovium present. Attention was drawn to the patellofemoral space. Loose flaps of cartilage were removed off the patella and trochlea using a combination of shaver, biters, and radiofrequency device. This was performed without difficultly. The remaining articular cartilage was probed and found to be intact. An abrasion chondroplasty was perfonned creating bleeding bones through microvascular channels for cartilage regrowth. The arthroscopic equipment was withdrawn. The portal sites were closed pain." using 3-0 nylon, the knee was injected with 0.25% Marcaine for That the above injuries to the right knee were accompanied by and productive of pain; ñümbñcss; tenderness; radiculopathy; rigidity; stiffness; swelling; inflammation; weakness; denervation; paresthesia; synovitis; tightness; malfimction; spasms; restriction and limitation of all movement, motion and bending; post-traumatic arthritis and/or arthritic changes; soreness; induration; mal coordination; effusions; edema; loss of strength; fatigue; thickening; contracture; softening; fragmcñtation; ecchymosis; myositis; atrophy; sensitivity; difficulty sleeping; instability; restricted full and guarded movements; limited motion with pain; movements with great diffieü1ty; severe pain to the right knee; decreased range of motion to the right knee; radiating symptoms; pain causes plaintiff to wake from sleep at night; discomfort; deformity and disability; Plaintiff has been advised that the aforementioned conditions are of a chronic and protracted nature and will have permaneñt, residual effects and will manifest permanent sequelae and plaintiff expressly claims any and all sequelae and/or residuals, which may manifest themselves prior to the time of trial; FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 The foregoing injuries, if not caused by this occurrence, were aggravated, activated, precipitated and/or exacerbated by same; Plaintiff undcrwent an extensive course of orthopedic treatment; Upon information and belief, plaintiff may require future surgery and/or injections; Upon information and belief, the foregoing injuries are permanent and long lasting in their nature. 10. Plaintiff reiterates the response contained in 19 supra, with the same force and effect as though more fully set forth herein. 233rd 11. (a) Plaintiff was confined to Montefiore Hospital, 600 East street, Bronx, NY 10466 on the date of accident, March 26, 2018. (b) Plaintiff has been partially and intermittently confined to her bed immediately following the accident of March 26, 2018, except for visits to her physicians and therapists, for a duration of approximately seven days (7) days. (b) Plaintiff has been partially and intermittently confined to her home immediately following the accident of March 26, 2018, except for visits to her physicians and therapists, for a duration of approximately four (4) weeks. (c-d) Plaintiff objects to the demands seeking information on partial and total disability on the basis that these demands seek information which requires a medical opinion and call for information which is evidentiary in nature. Furthermore, these demands hinge, in part, on a future contiñgency which is not now in existence. Plaintiffs will rely upon the reports of infant plaintiff's phy sicimis and provide infonnation pursuant to the dictates of CPLR 3101d. 12. Objection. Plaintiff is not making a claim for lost earnings; therefore, this demand is inapplicable. Further, plaintiff is not a student; therefore, this demand is inapplicable. 13. Plaintiff claims the following special damages, to date and continuing, FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 approximately and estimated: A. Physicians......................................$40,000.00 B. Medical Supplies..............................N/A C. Hospital.........................................$5,000.00 D. X-rays...........................................$5,000.00 E. Nurses Services.................................Included in hospital F. Loss of Income.................................N/A G. Any other medical expenses................Additional medical expenses will be incurred and claimed in the future. 14. Plaintiff's medical bills have been submitted to GEICO, bearing claim number 049 205 189 0101 031, for payment. The total amount of those bills is not known to plaintiff at the present time and were denied. To the extent of those bills which may not have been paid by the collateral source aforesaid are still owed, plaintiff will seek damages from the defendant in the action. 15. Plaintiff sustained a "serious injury", as defined in subdivision 4 of the New York Insurance Law, Section 5102 (d), and sucte=4 economic loss greater than basic economic loss, as defined in subdivision 1 of the New York State Insurance Law, Section 5102 (a), as set forth in 15 supra. injury" In addition, plaintiff has sustained a "serious under the New York State Insurance Law Section 5101 (d) in that he suffered personal injuries resulting in a permanent loss of use of a body organ, member function or system; permanent consequential limitation of use of a body organ; a significant limitation of use of a body organ, member, function or system; and a medically determined injury or impairment of a non-permanent nature which prevents him from performing substantially all of the material acts which constitute his usual customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. The plaintiff additicoally suffered economic loss greater than basic economic loss as that term is used in Section 5102 et. seq. of the New York FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 State Insurance Law. 16. Plaintiff objects to the demands seeking information on aggravation of a pre- existing condition on the basis that these demsads seek infonnatioñ which requires a medical opinion and call for information which is evidentiary in nature. Furthermore, these demands hinge, in part, on a future contingency which is not now in existence. Plaintiffs will rely upon the reports of infant plaintiff's physicians and provide information pursuant to the dictates of CPLR 3101d. 17. Objection. This demand is palpably improper in that it seeks evidentiary matters which are not the proper subject of a bill of particulars and are more appropriately addressed at time of the examination(s) before trial. However, notwithstanding said objection, plaintiff was utilizing the seatbelt in her vehicle at the time of the accident. 18. Objection. Plaintiff is not making a claim for property damage; therefore, this demand is inapplicable. 19. Plaintiff reiterates the response contained in $18 supra, with the same force and effect as though more fully set forth herein. 20. Objection. Plaintiff is not making a claim for loss of services; therefore, this demand is inapplicable. PLEASE TAKE NOTICE that plaintiff reserves her right to serve supplemental and/or amended responses up to the time of trial. Dated: New York, New York February 12, 2020 By: Alexander Kran III LEAV & STEINBERG, LLP Attorneys for Plaintiff 75 Broad Street, Suite 1601 New York, New York 10004 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 Tel. No.: (212) 766-5222 Fax No.: (212) 693-2377 L&S File No.: 186992 To.: PICCIANO & SCAHILL, P.C. Attorneys for Defendants EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA 1065 Stewart Avenue, Suite 210 Bethpage, NY 11714 Tel. No.: (516)294-5200 FILED: BRONX COUNTY CLERK 05/12/2021 02:14 PM INDEX NO. 35123/2019E NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 05/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ----------.-._______ ..____. --------X TYKIMA THOMPSON, Index No.: 35123/2019E Plaintiff, ATTORNEY'S VERIFICATION -against- EVEREST SCAFFOLDING INC. and JADERLYN A. GALAN SANTAMARIA, Defendants. __ --..---------------------------X Alexâñder Kran III, an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the penalty of perjury: I am with the firm of LEAV & STElNBERG, LLP, the attorneys of record for the plaintiff. I have read the foregoing Bill of Particulars and know the contents thereof; the same is true to my own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters, I believe them to be true. This verification is made by affirmant and not by plaintiff because he is not currently in the County of New York, which is the County where your affirmant maintains offices. The grounds of affirmant's belief as to all matters not stated upon affirmant's knowledge are correspoñdeñce had with the said plaintiff, information contained in the said plaintiff's file, which is in affirmant's possession, and other pertinent data relating thereto. Dated: New York, New York February 12, 2020 ALEXANDER KRAN III LEAV & STElNBERG, LLP