Preview
FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------- ----------------------------------------------------X
PETER VITOLO, Index No.: 152605/2020
Plaintiff, VERIFIED ANSWER
-against-
LENDLEASE TURNER A JOINT VENTURE, LENDLEASE
(US) CONSTRUCTION LMB INC. and TURNER
CONSTRUCTION COMPANY,
Defendants.
--------- X
Defendants, LENDLEASE TURNER A JOINT VENTURE, LENDLEASE (US)
CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY, answering the
complaint by its attorneys, MALAPERO PRISCO & KLAUBER LLP, respectfully allege as
follows upon information and belief:
ANSWERING THE FIRST CAUSE OF ACTION:
1. Deny each and every allegation contained in the paragraphs designated as
"31" "32"
"1", "3". "6", "11", "12", "13", "28", "29", "30", and of the verified complaint.
2. Deny having knowledge or information sufficient to form a belief as to the
"2"
allegations contained in the paragraph designated as of the verified complaint except admit
that TURNER CONSTRUCTION COMPANY was and is a domestic business corporation.
3. Deny having knowledge or information sufficient to form a belief as to the
allegations contained in the paragraphs designated as "4", "7", "8", "9", "10", "20", "21", "22",
"25" "26"
and of the verified complaint and respectfully refer all questions of law to the Court at
the time of trial.
4. Deny having knowledge or information sufficient to form a belief as to the
"5"
allegations contained in the paragraph designated as of the verified complaint except admit
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that LENDLEASE (US) CONSTRUCTION LMB, INC. was and is a domestic business
corporation.
5. Deny the allegations contained in the paragraphs designated as "14", "15",
"23" "24"
"16", "17", "18", "19", and of the verified complaint and respectfully refer all
questions of law to the Court at the time of trial.
6. Deny having knowledge or information sufficient to form a belief as to the
"27"
allegations contained in the paragraph designated as of the verified complaint.
ANSWERING THE SECOND CAUSE OF ACTION:
7. Defendants repeat, reiterate and reallege each and every denial as to the
"1"
allegations set forth in the paragraphs designated as through "32", in response to paragraph
"33"
of the verified complaint, with the same force and effect as if same were more fully set
forth herein.
8. Deny each and every allegation contained in paragraphs designated as
"35" "36"
"34", and of the verified complaint.
AS AND FOR A FIRST, SEPARATE,
AND DISTINCT DEFENSE:
9. That the plaintiff has failed to state a cause of action upon which relief can
be granted.
AS AND FOR A SECOND, SEPARATE,
AND DISTINCT DEFENSE:
10. That the answering defendants, pursuant to Section 1412 of the CPLR,
allege on information and belief, that if the plaintiff sustained any injuries or damages at the time
and place alleged in its complaint, such injuries or damages was as a result of the culpable
conduct of the plaintiff and/or because ofthe plaintiff's assumption of risk.
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11. Should it be found, however, that the answering defendants are liable to
plaintiff herein, any liability being specifically denied, then the answering defendants allege that
if any damages are found, they are to be apportioned among the plaintiff and answering
defendants according to the degree of responsibility that each is found to have in the occurrence,
in proportion to the entire measure of responsibility of the occurrence.
AS AND FOR A THIRD, SEPARATE,
AND DISTINCT DEFENSE:
12. Any past or future costs or expenses incurred, or to be incurred, by the
plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earñiñgs or
other economic loss that has been or may be replaced or indemnified, in whole or in part, form a
collateral source as defined in Section 4545(c) of the Civil Practice Law and Rules shall not be
recoverable from the answering defendants and the amount of such damages will be diminished
the amount of the funds which plaintiff have or may receive from such collateral source.
by
AS AND FOR A FOURTH, SEPARATE,
AND DISTINCT DEFENSE:
13. That plaintiff has failed to mitigate his damages.
AS AND FOR A FIFTH, SEPARATE,
AND DISTINCT DEFENSE:
14. That the liability of the answering defendants, if any, does not exceed fifty
percent (50%) of the liability assigned to all persons, if any, and that the liability of the
answering defendants, if any, for non-economic loss is limited pursuant to Article 16 of the
CPLR.
AS AND FOR A SIXTH, SEPARATE,
AND DISTINCT DEFENSE:
Worker"
15. That answering defendants assert the "Recalcitrant defense.
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AS AND FOR A SEVENTH, SEPARATE,
AND DISTINCT DEFENSE:
16. That the condition which allegedly gave rise to plaintiff's claimed injuries
obvious"
was "open and and not actionable as a matter of law.
AS AND FOR AN EIGHTH, SEPARATE,
AND DISTINCT DEFENSE:
17. That plaintiff failed to make use of or negligently used available safety
devices.
AS AND FOR A NINTH, SEPARATE,
AND DISTINCT DEFENSE:
18. That the injuries or damages complained of were caused in whole or part
by plaintiff's own culpable conduct or the culpable conduct of others for whom the answering
defendants have no legal responsibility.
AS AND FOR A TENTH, SEPARATE,
AND DISTINCT DEFENSE:
19. That the plaintiff has failed to join all necessary parties.
AS AND FOR A ELEVENTH, SEPARATE
AND DISTINCT DEFENSE:
20. While the answering defendants deny the plaintiff's allegations of
negligence and liability, any injury and damages, if proven, were the result of intervening and/or
interceding acts of superseding negligence and liability on the part of parties over which these
answering defendants neither have control nor had the right to control, and for which acts or
omissions these answering defendants are not legally responsible
AS AND FOR A TWELFTH, SEPARATE,
AND DISTINCT DEFENSE:
21. To the extent that any of the separate defenses to the allegations of the
Verified Complaint herein on behalf of defendants are deemed to be affirmative defenses, they
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are specifically realleged, reiterated and incorporated as such.
WHEREFORE, defendants, LENDLEASE TURNER A JOlNT VENTURE,
LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION
COMPANY, demand judgment dismissing the complaiñt, together with reasonable costs and
attorneys'
disbursements of this action including reasonable fees and for such other and further
relief as this Court deems just and proper.
Dated: New York, New York
October 20, 2020
Yours etc.,
MALAPERO PRISCO & KLAUBER
LLP
Attorneys for Defendants
LENDLEASE TURNER A JOINT
VENTURE, LENDLEASE (US)
CONSTRUCTION LMB INC. and
TURNER CONSTRUCTION
COMPANY
17th
271 Madison Avenue, FlOOr
New York, New York 10016
(212) 661-7300
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VERIFICATION:
STATE OF NEW YORK )
)ss:
COUNTY OF WESTCHESTER )
JOSEPH J. PRISCO, being duly sworn, deposes and says:
That I am one of the attorneys for the defendants in the within action;
answering
that I have read the foregoing ANSWER and know the contents thereof; that 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 it to be true.
The reason this Verification is made by deponent and not by the answering
defendants is that said defendants are not within the County in which deponent has his office,
and the facts set forth herein are upon information and belief derived from the records and papers
in deponent's office.
Dated: New York, New York
October 20, 2020
JOS J. PRISCO
3643552.DOCX Page 6 (158-107
ECF)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------- X
PETER VITOLO, Index No.: 152605/2020
Plaintiff, DEMAND FOR VERIFIED
-against- BILL OF PARTICULARS
LENDLEASE TURNER A JOINT VENTURE, LENDLEASE
(US) CONSTRUCTION LMB INC. and TURNER
CONSTRUCTION COMPANY,
Defendants.
------- ---------------------------- -X
C O U N S E L O R S:
PLEASE TAKE NOTICE, that the answering defendants hereby demand that
defendants'
you serve upon the undersigned, said attorneys, within thirty (30) days from the date
of service of this Demand, a Verified Bill of Particulars as to each of the following:
1. The age of each plaintiff, giving each date and place of birth.
2. The social security number of each plaintiff herein.
3. The present residence address of each plaintiff herein.
4. The exact date and approximate hour when the alleged accident is claimed to
have occurred.
5. The exact location where it is claimed that the alleged accident occurred.
6. State the act or acts of negligence it is claimed caused the alleged accident.
7. State the statutes, ordinances, laws, rules, and regulations it is claimed
defendant(s) violated.
8. State in what respects it is claimed that the premises was in a dangerous,
defective and negligent condition; and describe the nature of the condition, the location of the
enndition within the premises and in what manner the condition was dangerous.
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9. If actual notice is alleged:
a. Person, or persons to whom given.
b. Place, or places where given.
c. Date, or dates, when given.
10. Person, or persons to whom given, if constructive notice is alleged:
a. Nature of condition.
b. Location of condition.
c. Length of time condition existed prior to the occusence.
d. Period of time during which it is alleged defendant is charged with
constructive notice of the condition.
11. If a prior similar even is claimed: The date of such prior event.
12. If it is alleged that defendant, agent, servant and/or employee caused, or
created, the c0ñdition, state the name of the person who caused, or created, the condition, and the
date when condition was caused or created.
13. State the manner in which it is claimed the alleged accident occurred.
14. State in what respect it will be claimed defendant was being otherwise
negligent in the premises as alleged in the complaint.
15. The nature, extent, location, and duration of each and every injury alleged to
have been sustained by the plaintiff.
16. Specify each injury whether or not it is claimed to be permanent, and, if it is
claimed to be permanent, the manner in which it is permañeñt.
17. Set forth the length and time said plaintiff was prevented from performing
(a)
his, or her, usual cus:tomary duties as the result of the alleged occurrence; (b) the total amount of
eamiñgs it is claimed plaintiff the name and address of employer of if self-
lost; (c) plaintiff; (d)
employed, the address of place of business, and the names and address of prospective individuals
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or firms who offered employmcñt opportunities during the period of disability, together with
salary terms, or earnings arising out of such employment; (e) if any loss of earnings and/or loss
of business is claimed, attached copies of income tax return for the year of the accident and for
two years prior thereto; (f) number of days iñcapacitated setting forth the date; daily, weekly, or
monthly earnings; total amount of loss claimed.
18. If plaintiff was a student at the time of the accident; (a) the name and address
of school; (b) dates student failed to attend school as the result of the accident.
19. The length of time it is claimed that each plaintiff was confined to (a) a
hospital, giving its or its names and addresses; (b) confined to bed; (c) confined to home; (d)
incapacitated from employmeñt; (e) incapacitated from other activities, specifying the nature of
the activities.
20. Total special damages allegedly expended or incurred for: (a) services of
physiciañ, etc.; (b) services of nurses; (c) hospitals; (d) medical supplies; (e) domestic help; (f)
any other expenses.
21. The name and address of any hospital plaintiff was treated at following the
subject accident as well as the name and address of any doctors plaintiff(s) treated with
following the subject accident.
22. State what, if any, medical procedures, consultations or treatment the plaintiff
claims to have undergone as a result of the negligence claimed. List dates of treatment,
treatment rendered and names of providers.
23. Set forth the particulars as to how the answering defendant violated §200 of
the New York State Labor Law.
24. Set forth the particulars as to how the answering defendant violated §240 of
the New York State Labor Law.
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25. Set forth the particulars as to how the answering defendant violated §241(6) of
the New York State Labor Law.
PLEASE TAKE FURTHER NOTICE, that in the event that plaintiff, PETER
VITOLO, has no knowledge of any of the above-matters, they will so state under oath.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to
furnish a bill of particulars (and documents), if any, within the said period of thirty (30) days, a
motion will be made for an Order precluding you from giving any evidence at the time of trial as
to the items for which particulars and documents have not been delivered in accordance with this
demand.
Dated: New York, New York
October 20, 2020
Yours etc.,
MALAPERO PRISCO & KLAUBER LLP
Attorneys for Defendants
LENDLEASE TURNER A JOINT
VENTURE, LENDLEASE (US)
CONSTRUCTION LMB INC. and
TURNER CONSTRUCTION COMPANY
17th
271 Madison Avenue, FlOOr
New York, New York 10016
(212) 661-7300
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SUPREME COURT OF THE STAT
Preview
FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------- ----------------------------------------------------X PETER VITOLO, Index No.: 152605/2020 Plaintiff, VERIFIED ANSWER -against- LENDLEASE TURNER A JOINT VENTURE, LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY, Defendants. --------- X Defendants, LENDLEASE TURNER A JOINT VENTURE, LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY, answering the complaint by its attorneys, MALAPERO PRISCO & KLAUBER LLP, respectfully allege as follows upon information and belief: ANSWERING THE FIRST CAUSE OF ACTION: 1. Deny each and every allegation contained in the paragraphs designated as "31" "32" "1", "3". "6", "11", "12", "13", "28", "29", "30", and of the verified complaint. 2. Deny having knowledge or information sufficient to form a belief as to the "2" allegations contained in the paragraph designated as of the verified complaint except admit that TURNER CONSTRUCTION COMPANY was and is a domestic business corporation. 3. Deny having knowledge or information sufficient to form a belief as to the allegations contained in the paragraphs designated as "4", "7", "8", "9", "10", "20", "21", "22", "25" "26" and of the verified complaint and respectfully refer all questions of law to the Court at the time of trial. 4. Deny having knowledge or information sufficient to form a belief as to the "5" allegations contained in the paragraph designated as of the verified complaint except admit 1 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 that LENDLEASE (US) CONSTRUCTION LMB, INC. was and is a domestic business corporation. 5. Deny the allegations contained in the paragraphs designated as "14", "15", "23" "24" "16", "17", "18", "19", and of the verified complaint and respectfully refer all questions of law to the Court at the time of trial. 6. Deny having knowledge or information sufficient to form a belief as to the "27" allegations contained in the paragraph designated as of the verified complaint. ANSWERING THE SECOND CAUSE OF ACTION: 7. Defendants repeat, reiterate and reallege each and every denial as to the "1" allegations set forth in the paragraphs designated as through "32", in response to paragraph "33" of the verified complaint, with the same force and effect as if same were more fully set forth herein. 8. Deny each and every allegation contained in paragraphs designated as "35" "36" "34", and of the verified complaint. AS AND FOR A FIRST, SEPARATE, AND DISTINCT DEFENSE: 9. That the plaintiff has failed to state a cause of action upon which relief can be granted. AS AND FOR A SECOND, SEPARATE, AND DISTINCT DEFENSE: 10. That the answering defendants, pursuant to Section 1412 of the CPLR, allege on information and belief, that if the plaintiff sustained any injuries or damages at the time and place alleged in its complaint, such injuries or damages was as a result of the culpable conduct of the plaintiff and/or because ofthe plaintiff's assumption of risk. 3643552.DOCX Page 2 (158-107 ECF) 2 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 11. Should it be found, however, that the answering defendants are liable to plaintiff herein, any liability being specifically denied, then the answering defendants allege that if any damages are found, they are to be apportioned among the plaintiff and answering defendants according to the degree of responsibility that each is found to have in the occurrence, in proportion to the entire measure of responsibility of the occurrence. AS AND FOR A THIRD, SEPARATE, AND DISTINCT DEFENSE: 12. Any past or future costs or expenses incurred, or to be incurred, by the plaintiff for medical care, dental care, custodial care or rehabilitative services, loss of earñiñgs or other economic loss that has been or may be replaced or indemnified, in whole or in part, form a collateral source as defined in Section 4545(c) of the Civil Practice Law and Rules shall not be recoverable from the answering defendants and the amount of such damages will be diminished the amount of the funds which plaintiff have or may receive from such collateral source. by AS AND FOR A FOURTH, SEPARATE, AND DISTINCT DEFENSE: 13. That plaintiff has failed to mitigate his damages. AS AND FOR A FIFTH, SEPARATE, AND DISTINCT DEFENSE: 14. That the liability of the answering defendants, if any, does not exceed fifty percent (50%) of the liability assigned to all persons, if any, and that the liability of the answering defendants, if any, for non-economic loss is limited pursuant to Article 16 of the CPLR. AS AND FOR A SIXTH, SEPARATE, AND DISTINCT DEFENSE: Worker" 15. That answering defendants assert the "Recalcitrant defense. 3643552.DOCX Page 3 (158-107 ECF) 3 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 AS AND FOR A SEVENTH, SEPARATE, AND DISTINCT DEFENSE: 16. That the condition which allegedly gave rise to plaintiff's claimed injuries obvious" was "open and and not actionable as a matter of law. AS AND FOR AN EIGHTH, SEPARATE, AND DISTINCT DEFENSE: 17. That plaintiff failed to make use of or negligently used available safety devices. AS AND FOR A NINTH, SEPARATE, AND DISTINCT DEFENSE: 18. That the injuries or damages complained of were caused in whole or part by plaintiff's own culpable conduct or the culpable conduct of others for whom the answering defendants have no legal responsibility. AS AND FOR A TENTH, SEPARATE, AND DISTINCT DEFENSE: 19. That the plaintiff has failed to join all necessary parties. AS AND FOR A ELEVENTH, SEPARATE AND DISTINCT DEFENSE: 20. While the answering defendants deny the plaintiff's allegations of negligence and liability, any injury and damages, if proven, were the result of intervening and/or interceding acts of superseding negligence and liability on the part of parties over which these answering defendants neither have control nor had the right to control, and for which acts or omissions these answering defendants are not legally responsible AS AND FOR A TWELFTH, SEPARATE, AND DISTINCT DEFENSE: 21. To the extent that any of the separate defenses to the allegations of the Verified Complaint herein on behalf of defendants are deemed to be affirmative defenses, they 3643552.DOCX Page 4 (158-107 ECF) 4 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 are specifically realleged, reiterated and incorporated as such. WHEREFORE, defendants, LENDLEASE TURNER A JOlNT VENTURE, LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY, demand judgment dismissing the complaiñt, together with reasonable costs and attorneys' disbursements of this action including reasonable fees and for such other and further relief as this Court deems just and proper. Dated: New York, New York October 20, 2020 Yours etc., MALAPERO PRISCO & KLAUBER LLP Attorneys for Defendants LENDLEASE TURNER A JOINT VENTURE, LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY 17th 271 Madison Avenue, FlOOr New York, New York 10016 (212) 661-7300 3643552.DOCX Page 5 (158-107 ECF) 5 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 VERIFICATION: STATE OF NEW YORK ) )ss: COUNTY OF WESTCHESTER ) JOSEPH J. PRISCO, being duly sworn, deposes and says: That I am one of the attorneys for the defendants in the within action; answering that I have read the foregoing ANSWER and know the contents thereof; that 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 it to be true. The reason this Verification is made by deponent and not by the answering defendants is that said defendants are not within the County in which deponent has his office, and the facts set forth herein are upon information and belief derived from the records and papers in deponent's office. Dated: New York, New York October 20, 2020 JOS J. PRISCO 3643552.DOCX Page 6 (158-107 ECF) 6 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------- X PETER VITOLO, Index No.: 152605/2020 Plaintiff, DEMAND FOR VERIFIED -against- BILL OF PARTICULARS LENDLEASE TURNER A JOINT VENTURE, LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY, Defendants. ------- ---------------------------- -X C O U N S E L O R S: PLEASE TAKE NOTICE, that the answering defendants hereby demand that defendants' you serve upon the undersigned, said attorneys, within thirty (30) days from the date of service of this Demand, a Verified Bill of Particulars as to each of the following: 1. The age of each plaintiff, giving each date and place of birth. 2. The social security number of each plaintiff herein. 3. The present residence address of each plaintiff herein. 4. The exact date and approximate hour when the alleged accident is claimed to have occurred. 5. The exact location where it is claimed that the alleged accident occurred. 6. State the act or acts of negligence it is claimed caused the alleged accident. 7. State the statutes, ordinances, laws, rules, and regulations it is claimed defendant(s) violated. 8. State in what respects it is claimed that the premises was in a dangerous, defective and negligent condition; and describe the nature of the condition, the location of the enndition within the premises and in what manner the condition was dangerous. 3643552.DOCX Page 7 (158-107 ECF) 7 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 9. If actual notice is alleged: a. Person, or persons to whom given. b. Place, or places where given. c. Date, or dates, when given. 10. Person, or persons to whom given, if constructive notice is alleged: a. Nature of condition. b. Location of condition. c. Length of time condition existed prior to the occusence. d. Period of time during which it is alleged defendant is charged with constructive notice of the condition. 11. If a prior similar even is claimed: The date of such prior event. 12. If it is alleged that defendant, agent, servant and/or employee caused, or created, the c0ñdition, state the name of the person who caused, or created, the condition, and the date when condition was caused or created. 13. State the manner in which it is claimed the alleged accident occurred. 14. State in what respect it will be claimed defendant was being otherwise negligent in the premises as alleged in the complaint. 15. The nature, extent, location, and duration of each and every injury alleged to have been sustained by the plaintiff. 16. Specify each injury whether or not it is claimed to be permanent, and, if it is claimed to be permanent, the manner in which it is permañeñt. 17. Set forth the length and time said plaintiff was prevented from performing (a) his, or her, usual cus:tomary duties as the result of the alleged occurrence; (b) the total amount of eamiñgs it is claimed plaintiff the name and address of employer of if self- lost; (c) plaintiff; (d) employed, the address of place of business, and the names and address of prospective individuals 3643552.DOCX Page 8 (158-107 ECF) 8 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 or firms who offered employmcñt opportunities during the period of disability, together with salary terms, or earnings arising out of such employment; (e) if any loss of earnings and/or loss of business is claimed, attached copies of income tax return for the year of the accident and for two years prior thereto; (f) number of days iñcapacitated setting forth the date; daily, weekly, or monthly earnings; total amount of loss claimed. 18. If plaintiff was a student at the time of the accident; (a) the name and address of school; (b) dates student failed to attend school as the result of the accident. 19. The length of time it is claimed that each plaintiff was confined to (a) a hospital, giving its or its names and addresses; (b) confined to bed; (c) confined to home; (d) incapacitated from employmeñt; (e) incapacitated from other activities, specifying the nature of the activities. 20. Total special damages allegedly expended or incurred for: (a) services of physiciañ, etc.; (b) services of nurses; (c) hospitals; (d) medical supplies; (e) domestic help; (f) any other expenses. 21. The name and address of any hospital plaintiff was treated at following the subject accident as well as the name and address of any doctors plaintiff(s) treated with following the subject accident. 22. State what, if any, medical procedures, consultations or treatment the plaintiff claims to have undergone as a result of the negligence claimed. List dates of treatment, treatment rendered and names of providers. 23. Set forth the particulars as to how the answering defendant violated §200 of the New York State Labor Law. 24. Set forth the particulars as to how the answering defendant violated §240 of the New York State Labor Law. 3643552.DOCX Page 9 (158-107 ECF) 9 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 25. Set forth the particulars as to how the answering defendant violated §241(6) of the New York State Labor Law. PLEASE TAKE FURTHER NOTICE, that in the event that plaintiff, PETER VITOLO, has no knowledge of any of the above-matters, they will so state under oath. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to furnish a bill of particulars (and documents), if any, within the said period of thirty (30) days, a motion will be made for an Order precluding you from giving any evidence at the time of trial as to the items for which particulars and documents have not been delivered in accordance with this demand. Dated: New York, New York October 20, 2020 Yours etc., MALAPERO PRISCO & KLAUBER LLP Attorneys for Defendants LENDLEASE TURNER A JOINT VENTURE, LENDLEASE (US) CONSTRUCTION LMB INC. and TURNER CONSTRUCTION COMPANY 17th 271 Madison Avenue, FlOOr New York, New York 10016 (212) 661-7300 3643552.DOCX Page 10 (158-107 ECF) 10 of 40 FILED: NEW YORK COUNTY CLERK 10/20/2020 04:45 PM INDEX NO. 152605/2020 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/20/2020 SUPREME COURT OF THE STAT