On September 10, 2020 a
Motion-Secondary
was filed
involving a dispute between
Louis A. Maldonado,
and
80 Lafayette Associates Llc,
Excel Elevator & Escalator, Corp.,
Mayore Estates Llc,
for Torts - Other Negligence (Premises)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------------------------------------------------X Index No.: 157308/2020
LOUIS A. MALDONADO,
Plaintiffs,
RESPONSE TO
-against- DEMAND FOR BILL OF
PARTICULARS
EXCEL ELEVATOR & ESCALATOR, CORP.,
MAYORE ESTATES LLC and 80 LAFAYETTE
ASSOCIATES LLC,
Defendants.
______ _ _ _ ___....--_ _ _ _ _ _ _ _ __ _ _ _______________Ç
COUNSELORS:
PLEASE TAKE NOTICE that the following is Defendant, EXCEL ELEVATOR &
ESCALATOR CORP.'s response to Plaintiff s Demand for a Bill of Particulars as to
Affinnative Defenses upon information and belief:
la.-b. Plaintiff's culpable conduct occurred at the time, date, and place of his
accident.
le. The risk that plaintiff assumed was in entering the elevator at the time the
elevator gate was descending;
Id. The time when the risk was assumed was seconds prior to this incident;
le. The risk was assumed as plaintiff entered the elevator as the gate was closing;
1f. The assumption of the risk was a voluntary action by plaintiff;
Ig. Plaintiff's acts or omissions that constituted his culpable conduct include but
are not limited to failing to see what was there to be seen; failing to take
appropriate measures to protect his person; failing to observe the dangerous
condition that he created and failing to take reasonable steps to avoid that
danger; in failing to exercise reasonable care for his own safety; in failing to
take any precautions whatsoever to avoid the injury alleged in
plaintiff's complaint and in failing to keep a proper lookout.
2. Plaintiff is 100% responsible for the occurrence of this accident.
3. All of plaintiff's injuries were caused by his own culpable conduct.
4. Plaintiff s acts or omissions that constituted his culpable conduct were
committed by him alone.
5. The statutes, regulations, rules, ordinances, and laws violated by
plaintiff will be provided at the conclusion of discovery.
This defendant will supplement this discovery response when additional
information becomes available.
2639617.1
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FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022
Dated: New York, New York
November 2, 2022
Yours, etc.
Michael Gottlieb
HPMB
Attorneys for Defendant
EXCEL ELEVATOR & ESCALATOR,
CORP.
9401
207 East Street
New York, New York 10128
To:
LATOS LATOS & ASSOCIATES.
Attorney for Plaintiff
313'
23-25 Street Suite 410
New York, New York 11105
EUSTACF, PREZIOSO & YAPCHANYK
Attorneys for Defendant
MAYRE ESTATES LLC and
80 LAFAYETTE ASSOCIATES, LLC
28th
55 Water Street, F100r
New York, New York 10041
2639617.1
2 of 4
FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022
ATTORNEY'S VERIFICATION
STATE OF NEW YORK)
) ss.:
COUNTY OF NEW YORK)
MICHAEL H. GOTTLIEB, an attomey duly admitted to practice before the
Courts of the State of New York, affirms the following to be true under the penalties of
perjury:
1. I am a partner in the law firm of HPM &B attorneys of record for defendant, in
the within action.
2. I have read the annexed BILL OF PARTICULARS and know the contents
thereof and the same are true to my knowledge, except those matters therein
which are states to be alleged upon information and belief and as to those
matters, I believe them to be true.
3. This verification is made by counsel and not by this defendant because this
defendant is not in the County in which your deponent maintains his office.
4. The grounds of my belief, as to those matters therein not stated upon my
knowledge, are based upon the file, records, and documents in my possession.
Dated: New York, New York
November 2, 2022
MICHAEL H. GOTTLIEB
2639617.1
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FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022
AFFIDAVIT OF SERVICE
STATE OF NEW YORK)
)
COUNTY OF NEW YORK)
Michael Gottlieb, being duly sworn deposes and says: I am not a party to the
within action, am over the eighteen (18) years and I reside in the County of Westchester,
State of New York.
On November 2, 2022, I served the within copy of our VERIFIED BILL OF
PARTICULARS by E-filing on:
LATOS LATOS & ASSOCIATES.
Attorney for Plaintiff
313t
23-25 Street Suite 410
New York, New York 11105
EUSTACE PREZIOSO & YAPCHANYK
Attorneys for Defendant
MAYRE ESTATES LLC and
80 LAFAYETTE ASSOCIATES, LLC
28th
55 Water Street, FlOOr
New York, New York 10041
Michael Gottlieb
Sworn to before me this
2nd
ay of November 2022
UW THAN D. StEGEL
Notary Public, State of New York
Reg. No. 02Sl4842402
Q ualified (n New York County
comrnission Expires Dec. 3's, 20
2639617.1
4 of 4
Document Filed Date
November 02, 2022
Case Filing Date
September 10, 2020
Category
Torts - Other Negligence (Premises)
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FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------X Index No.: 157308/2020 LOUIS A. MALDONADO, Plaintiffs, RESPONSE TO -against- DEMAND FOR BILL OF PARTICULARS EXCEL ELEVATOR & ESCALATOR, CORP., MAYORE ESTATES LLC and 80 LAFAYETTE ASSOCIATES LLC, Defendants. ______ _ _ _ ___....--_ _ _ _ _ _ _ _ __ _ _ _______________Ç COUNSELORS: PLEASE TAKE NOTICE that the following is Defendant, EXCEL ELEVATOR & ESCALATOR CORP.'s response to Plaintiff s Demand for a Bill of Particulars as to Affinnative Defenses upon information and belief: la.-b. Plaintiff's culpable conduct occurred at the time, date, and place of his accident. le. The risk that plaintiff assumed was in entering the elevator at the time the elevator gate was descending; Id. The time when the risk was assumed was seconds prior to this incident; le. The risk was assumed as plaintiff entered the elevator as the gate was closing; 1f. The assumption of the risk was a voluntary action by plaintiff; Ig. Plaintiff's acts or omissions that constituted his culpable conduct include but are not limited to failing to see what was there to be seen; failing to take appropriate measures to protect his person; failing to observe the dangerous condition that he created and failing to take reasonable steps to avoid that danger; in failing to exercise reasonable care for his own safety; in failing to take any precautions whatsoever to avoid the injury alleged in plaintiff's complaint and in failing to keep a proper lookout. 2. Plaintiff is 100% responsible for the occurrence of this accident. 3. All of plaintiff's injuries were caused by his own culpable conduct. 4. Plaintiff s acts or omissions that constituted his culpable conduct were committed by him alone. 5. The statutes, regulations, rules, ordinances, and laws violated by plaintiff will be provided at the conclusion of discovery. This defendant will supplement this discovery response when additional information becomes available. 2639617.1 1 of 4 FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022 Dated: New York, New York November 2, 2022 Yours, etc. Michael Gottlieb HPMB Attorneys for Defendant EXCEL ELEVATOR & ESCALATOR, CORP. 9401 207 East Street New York, New York 10128 To: LATOS LATOS & ASSOCIATES. Attorney for Plaintiff 313' 23-25 Street Suite 410 New York, New York 11105 EUSTACF, PREZIOSO & YAPCHANYK Attorneys for Defendant MAYRE ESTATES LLC and 80 LAFAYETTE ASSOCIATES, LLC 28th 55 Water Street, F100r New York, New York 10041 2639617.1 2 of 4 FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022 ATTORNEY'S VERIFICATION STATE OF NEW YORK) ) ss.: COUNTY OF NEW YORK) MICHAEL H. GOTTLIEB, an attomey duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: 1. I am a partner in the law firm of HPM &B attorneys of record for defendant, in the within action. 2. I have read the annexed BILL OF PARTICULARS and know the contents thereof and the same are true to my knowledge, except those matters therein which are states to be alleged upon information and belief and as to those matters, I believe them to be true. 3. This verification is made by counsel and not by this defendant because this defendant is not in the County in which your deponent maintains his office. 4. The grounds of my belief, as to those matters therein not stated upon my knowledge, are based upon the file, records, and documents in my possession. Dated: New York, New York November 2, 2022 MICHAEL H. GOTTLIEB 2639617.1 3 of 4 FILED: NEW YORK COUNTY CLERK 11/02/2022 10:39 AM INDEX NO. 157308/2020 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 11/02/2022 AFFIDAVIT OF SERVICE STATE OF NEW YORK) ) COUNTY OF NEW YORK) Michael Gottlieb, being duly sworn deposes and says: I am not a party to the within action, am over the eighteen (18) years and I reside in the County of Westchester, State of New York. On November 2, 2022, I served the within copy of our VERIFIED BILL OF PARTICULARS by E-filing on: LATOS LATOS & ASSOCIATES. Attorney for Plaintiff 313t 23-25 Street Suite 410 New York, New York 11105 EUSTACE PREZIOSO & YAPCHANYK Attorneys for Defendant MAYRE ESTATES LLC and 80 LAFAYETTE ASSOCIATES, LLC 28th 55 Water Street, FlOOr New York, New York 10041 Michael Gottlieb Sworn to before me this 2nd ay of November 2022 UW THAN D. StEGEL Notary Public, State of New York Reg. No. 02Sl4842402 Q ualified (n New York County comrnission Expires Dec. 3's, 20 2639617.1 4 of 4