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FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023
. SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
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LINDA OLIVIA INDEX NO.: 500001/2023
Plaintiff, PLAINTIFF'S RESPONSE
TO DEFENDANTS
DEMAND VERIFIED
BILL OF PARTICULARS
-against-
TOPS MARKETS, INC., and
TOPS FRIENDLY MARKETS #535
Defendants.
...-----------.......--------..---.....-------........--..--------.....Ç
Plaintiff, by her attorney, Christopher X. Maher, Esq., as and for a Response to
Defendants Demand for Verified Bill of Particulars, responds as follows;
1. The date and time of the occurrence resulting in plaintiffs injuries as alleged in plaintiff's
Verified Complaint. - Date - 2020 / Time - 2:00PM
July 30,
2. The location of the incident specifying by reference to and distance from specific
if necessary, sufficient to enable defendant to pinpoint the location. - Butter and
landmarks, Egg
aisle
3. State how it is claimed defendant's negligence caused the accident or injury. - Failure to
warn and failure to maintain.
4. State each and every act or omission claimed to constitute negligence on the part of
its servants and and the date or dates thereof. - Failure to
defendant, officers, employees, agents,
warn; failure to maintain; failure to repair and failure to barricade.
5. If the plaintiff will claim that defendant violated a statute, ordinance, rule, regulation or
code, specify: To Be Provided.
a. the statute, ordinance, rule, regulation or code which was allegedly
violated and include the section and subsection thereof;
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b. . the manner in which it was allegedly violated;
c. the date of the alleged violation;
d. the person or persons whom plaintiff will claim incurred the
violation on behalf of the defendant;
e. how said violation(s) was allegedly instrumental in leading to the
accident alleged in the Verified Complaint.
6. If plaintiff will claim a defective, dangerous, or unsafe condition, specify:
a. the exact location of same sufficient to enable the defendant to
pinpoint same;
b. a detailed description of the defect.- Air
Ceiling Conditioning
7. State whether it will be claimed that said defect is one of design, materials, installation,
repair or other if specify. - Constitutes information within
inspection, maintenance, and, other,
exclusive confines of answering defendant.
8. A statement of what plaintiff will claim caused such defect. - Broken air
ceiling
conditioners.
9. A statement of how long plaintiff will claim the defect existed prior to the
- defendants'
plaintiffs accident. Long enough for agents to have learned of and corrected.
10. A statement of whether plaintiff will claim said defect was latent or patent. - To Be
Provided
11. A statement of how said defect was instrumental in producing the plaintiffs
injuries. - id
12. If plaintiff will claim that notice of a defective, dangerous or unsafe condition was given
to defendant prior to the accident claimed, state the following:
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NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023
a. the time and place of said notice, the person or condition giving rise
to said notice, and the person to whom said notice was given; To be
Provided
b. whether it will be claimed that said notice was actual; constructive,
express or implied, written or oral, and if written, attach a copy of the
response hereto; id.
c. precisely what it is that defendant will be claimed to have
had notice of. - Plaintiff claims it's servants and
defendant's, agents,
employees had actual and constructive notice, the particulars of which
will be provided.
13. State whether or not the plaintiff had been on the premises prior to the time of the accident
including the number of times, the dates thereof, the duration of said visits, the last time there and
whether or not the plaintiff observed the same defect and/or hazardous condition on any prior
occasion. - Plaintiff had been to store before but had not observed broken Air Conditioners.
14. State the lighting conditions in the vicinity of the accident at the time of the accident and
if any defect with regard to lighting is to be claimed against defendant, specify the nature of said
defect. - No lighting defect observed.
15. State whether or not the plaintiff will claim that weather conditions were a factor in causing
the accident alleged in the Verified Complaint, and, if so, specify those weather conditions which
plaintiff will claim contributed to the accident. - No
16. If plaintiff will claim that one or more prior accidents resulted from such defect, specify
the date, time, circumstances, and names and addresses of persons involved in each prior accident.
- Constitutes information within exclusive confines of defendants.
answering
17. State what the plaintiff was at the moment of the accident. -
precisely doing
Shopping/Walking
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18. Provide an exact and precise statement of the injuries alleged to have been sustained by the
plaintiff, and as to each, the location, duration and extent of permanency thereof,
if at all. - Left knee medial meniscus tear with partial medial
requiring arthroscopy
meniscectomy with synovectomy and chondroplasty.
19. Identify by name and address all health care providers of any kind who rendered care to
the plaintiff for the injuries alleged and state the dates such treatment was rendered. - Dr. Russell
Cavallo, M.D. / Stamford Health; Dr. Evan H. Karas, M.D. / Care Mount Medical; Dr.
Lawrence A. Lefkowitz, M.D. / Colony Orthopaedics; Putnam Hospital Center.
20. The length of time the plaintiff was confined to a hospital, if at all; to bed, if at all; and to
if at all. - Hospital 7/30/22 and Bed and home
home, 11/18/23; intermittently
21. State:
a. the age of the plaintiff at the time of the incident, date of birth and
social Date of Birth - 10/24/1962 / Social
security number; Security
b. the address of the plaintiff at the time of the accident and presently;
and - 2A Jeannette Unit CT 06811
Street, 36, Danbury,
c. the marital status of the plaintiff and the number of children plaintiff
has. - Divorced / 2 kids
22. If loss of earnings is claimed, a separate statement specifying in detail:
a. name and address of plaintiffs employers; Not Applicable
b. description of said plaintiff s employment duties;
c. length of time said plaintiff will claim to have been incapacitated
from employment subsequent to the accident;
d. amount of weekly wages, salary, or commission said
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plaintiff will claim at the time of trial;
e. total amount of lost earnings that said plaintiff will claim at the time
of trial. (If plaintiff claims any loss of earnings and/or loss of business,
attach copies of the income tax records for the year of the accident and two
years prior thereto).
23. If the plaintiff was attending school at the time of the accident alleged, specify in
detail:
a. the name of the - None
school;
b. the grade or program attended at the time of the accident; and
c. the dates of incapacity from attending the school as a result of the
injuries arising out of the accident.
24. State whether the plaintiff have made a claim or claims against any other party, individual
and/or entity arising out of the facts and circumstances giving rise to the within suit, or relating to
of the injuries or damages claimed in the within the following: - None
any suit, specifying
a. the name or names of the parties against whom additional
claims have been made;
b. whether or not those claims have been placed into suit and, if so,
state the title of action, the venue of the action and the index number of the
action; and
c. state whether or not such a claim or action has been settled or
otherwise resolved and, if so, state the amount of said settlement, the parties
with whom such settlement was entered into; if otherwise resolved set forth
a statement of the manner in which it was resolved.
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25. State whether the plaintiff was suffering from any physical disabilities or any other
at the time of the if describe same in detail. - None
disability accident, and, so,
26. A statement of the amount of money which the plaintiff has been compelled to expend for:
a. physicians; $25,000.00
b. medicines; $3,500.00
c. medical attention;
d. hospital; $15,000.00
e. nursing; See a and d, supra
f. x-rays; id.
g. others. To be Provided
27. Set forth a statement of the amount of money which plaintiff will claim that plaintiff has
been compelled to expend as a result of the accident which has not been set forth in the responses
to the preceding demand. - To be Provided
28. Specify the amount of support, if any, that the plaintiff was contributing to any other person
or persons prior to the accident further specifying whether the support was in the form of money,
services or other. - Not Applicable
29. Set forth an itemized statement of each and every other item of loss not heretofore
mentioned in which plaintiff will seek to charge defendant upon trial of this action together with
the amount of damages claimed for each item. - To be Provided
Dated: Mahopac, NY
May 17, 2023
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FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023
CHRISTOPHER X. MAHER, ESQ.
Attorney for Plaintiff
593 Route 6
Mahopac, New York 10541
(845) 228-5100
(845) 228-5103 Fax
exm@cxmesq.com
TO: Melissa A. Foti, Esq.
Attorney for Defendant
TOPS MARKETS, LLC, (incorrectly sued herein as "TOPS
INC."
MARKETS, and "TOPS FRIENDLY MARKETS
#535")
The Calumet Building
233 Franklin Street
Buffalo, NY 14202
VIA NYSCEF & Email
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Preview
FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM -----------------------------------.....--------------------------------x LINDA OLIVIA INDEX NO.: 500001/2023 Plaintiff, PLAINTIFF'S RESPONSE TO DEFENDANTS DEMAND VERIFIED BILL OF PARTICULARS -against- TOPS MARKETS, INC., and TOPS FRIENDLY MARKETS #535 Defendants. ...-----------.......--------..---.....-------........--..--------.....Ç Plaintiff, by her attorney, Christopher X. Maher, Esq., as and for a Response to Defendants Demand for Verified Bill of Particulars, responds as follows; 1. The date and time of the occurrence resulting in plaintiffs injuries as alleged in plaintiff's Verified Complaint. - Date - 2020 / Time - 2:00PM July 30, 2. The location of the incident specifying by reference to and distance from specific if necessary, sufficient to enable defendant to pinpoint the location. - Butter and landmarks, Egg aisle 3. State how it is claimed defendant's negligence caused the accident or injury. - Failure to warn and failure to maintain. 4. State each and every act or omission claimed to constitute negligence on the part of its servants and and the date or dates thereof. - Failure to defendant, officers, employees, agents, warn; failure to maintain; failure to repair and failure to barricade. 5. If the plaintiff will claim that defendant violated a statute, ordinance, rule, regulation or code, specify: To Be Provided. a. the statute, ordinance, rule, regulation or code which was allegedly violated and include the section and subsection thereof; 1 of 7 FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 b. . the manner in which it was allegedly violated; c. the date of the alleged violation; d. the person or persons whom plaintiff will claim incurred the violation on behalf of the defendant; e. how said violation(s) was allegedly instrumental in leading to the accident alleged in the Verified Complaint. 6. If plaintiff will claim a defective, dangerous, or unsafe condition, specify: a. the exact location of same sufficient to enable the defendant to pinpoint same; b. a detailed description of the defect.- Air Ceiling Conditioning 7. State whether it will be claimed that said defect is one of design, materials, installation, repair or other if specify. - Constitutes information within inspection, maintenance, and, other, exclusive confines of answering defendant. 8. A statement of what plaintiff will claim caused such defect. - Broken air ceiling conditioners. 9. A statement of how long plaintiff will claim the defect existed prior to the - defendants' plaintiffs accident. Long enough for agents to have learned of and corrected. 10. A statement of whether plaintiff will claim said defect was latent or patent. - To Be Provided 11. A statement of how said defect was instrumental in producing the plaintiffs injuries. - id 12. If plaintiff will claim that notice of a defective, dangerous or unsafe condition was given to defendant prior to the accident claimed, state the following: 2 of 7 FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 a. the time and place of said notice, the person or condition giving rise to said notice, and the person to whom said notice was given; To be Provided b. whether it will be claimed that said notice was actual; constructive, express or implied, written or oral, and if written, attach a copy of the response hereto; id. c. precisely what it is that defendant will be claimed to have had notice of. - Plaintiff claims it's servants and defendant's, agents, employees had actual and constructive notice, the particulars of which will be provided. 13. State whether or not the plaintiff had been on the premises prior to the time of the accident including the number of times, the dates thereof, the duration of said visits, the last time there and whether or not the plaintiff observed the same defect and/or hazardous condition on any prior occasion. - Plaintiff had been to store before but had not observed broken Air Conditioners. 14. State the lighting conditions in the vicinity of the accident at the time of the accident and if any defect with regard to lighting is to be claimed against defendant, specify the nature of said defect. - No lighting defect observed. 15. State whether or not the plaintiff will claim that weather conditions were a factor in causing the accident alleged in the Verified Complaint, and, if so, specify those weather conditions which plaintiff will claim contributed to the accident. - No 16. If plaintiff will claim that one or more prior accidents resulted from such defect, specify the date, time, circumstances, and names and addresses of persons involved in each prior accident. - Constitutes information within exclusive confines of defendants. answering 17. State what the plaintiff was at the moment of the accident. - precisely doing Shopping/Walking 3 of 7 FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 18. Provide an exact and precise statement of the injuries alleged to have been sustained by the plaintiff, and as to each, the location, duration and extent of permanency thereof, if at all. - Left knee medial meniscus tear with partial medial requiring arthroscopy meniscectomy with synovectomy and chondroplasty. 19. Identify by name and address all health care providers of any kind who rendered care to the plaintiff for the injuries alleged and state the dates such treatment was rendered. - Dr. Russell Cavallo, M.D. / Stamford Health; Dr. Evan H. Karas, M.D. / Care Mount Medical; Dr. Lawrence A. Lefkowitz, M.D. / Colony Orthopaedics; Putnam Hospital Center. 20. The length of time the plaintiff was confined to a hospital, if at all; to bed, if at all; and to if at all. - Hospital 7/30/22 and Bed and home home, 11/18/23; intermittently 21. State: a. the age of the plaintiff at the time of the incident, date of birth and social Date of Birth - 10/24/1962 / Social security number; Security b. the address of the plaintiff at the time of the accident and presently; and - 2A Jeannette Unit CT 06811 Street, 36, Danbury, c. the marital status of the plaintiff and the number of children plaintiff has. - Divorced / 2 kids 22. If loss of earnings is claimed, a separate statement specifying in detail: a. name and address of plaintiffs employers; Not Applicable b. description of said plaintiff s employment duties; c. length of time said plaintiff will claim to have been incapacitated from employment subsequent to the accident; d. amount of weekly wages, salary, or commission said 4 of 7 FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 plaintiff will claim at the time of trial; e. total amount of lost earnings that said plaintiff will claim at the time of trial. (If plaintiff claims any loss of earnings and/or loss of business, attach copies of the income tax records for the year of the accident and two years prior thereto). 23. If the plaintiff was attending school at the time of the accident alleged, specify in detail: a. the name of the - None school; b. the grade or program attended at the time of the accident; and c. the dates of incapacity from attending the school as a result of the injuries arising out of the accident. 24. State whether the plaintiff have made a claim or claims against any other party, individual and/or entity arising out of the facts and circumstances giving rise to the within suit, or relating to of the injuries or damages claimed in the within the following: - None any suit, specifying a. the name or names of the parties against whom additional claims have been made; b. whether or not those claims have been placed into suit and, if so, state the title of action, the venue of the action and the index number of the action; and c. state whether or not such a claim or action has been settled or otherwise resolved and, if so, state the amount of said settlement, the parties with whom such settlement was entered into; if otherwise resolved set forth a statement of the manner in which it was resolved. 5 of 7 FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 25. State whether the plaintiff was suffering from any physical disabilities or any other at the time of the if describe same in detail. - None disability accident, and, so, 26. A statement of the amount of money which the plaintiff has been compelled to expend for: a. physicians; $25,000.00 b. medicines; $3,500.00 c. medical attention; d. hospital; $15,000.00 e. nursing; See a and d, supra f. x-rays; id. g. others. To be Provided 27. Set forth a statement of the amount of money which plaintiff will claim that plaintiff has been compelled to expend as a result of the accident which has not been set forth in the responses to the preceding demand. - To be Provided 28. Specify the amount of support, if any, that the plaintiff was contributing to any other person or persons prior to the accident further specifying whether the support was in the form of money, services or other. - Not Applicable 29. Set forth an itemized statement of each and every other item of loss not heretofore mentioned in which plaintiff will seek to charge defendant upon trial of this action together with the amount of damages claimed for each item. - To be Provided Dated: Mahopac, NY May 17, 2023 6 of 7 FILED: PUTNAM COUNTY CLERK 05/26/2023 10:51 AM INDEX NO. 500001/2023 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 05/26/2023 CHRISTOPHER X. MAHER, ESQ. Attorney for Plaintiff 593 Route 6 Mahopac, New York 10541 (845) 228-5100 (845) 228-5103 Fax exm@cxmesq.com TO: Melissa A. Foti, Esq. Attorney for Defendant TOPS MARKETS, LLC, (incorrectly sued herein as "TOPS INC." MARKETS, and "TOPS FRIENDLY MARKETS #535") The Calumet Building 233 Franklin Street Buffalo, NY 14202 VIA NYSCEF & Email 7 of 7