Preview
FILED: NASSAU COUNTY CLERK 05/09/2022 12:16 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 05/09/2022
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO. 611584/2019
RANDOLPH GAIIRR,
Plaintiff, VERIFIED BILL OF
PARTICULARS
-against-
GILMAN MANAGEMENT CORPORATION AND NASSAU
WINDSOR CO.,
Defendants.
Plaintiff, by his attorneys, Raphe=!son & Levine Law Firm, P.C., in respon=e to the Demand
for a Bill of Particulars served by defendants GILMANMANAGEMENT CORPORATION AND
NASSAU WINDSOR CO., as and for his Verified Bill of Particulars, respectfully alleges, upon
information and belief:
1. Plaintiff's name is RANDOLPH GALLER. He resides at 55 Windsor Avenue,
Rockville Centre, New York 11570.
Plaintiff objects to the demand for date of birth, pursuant to 22 NYCRR 202.5 (e),
effective from January 1, 2015, due to the danger of identity theft.
Plaintiff objects to the dem•ad for a Social Security number as privileged, as an
interrogatory, as not designed to amplify the pleadings, and also to the disclosure ofsuch information
in a filing likely to be publicly filed, due to the danger of identity theft. (See, for instance, In re: The
August 2, 2004 Amendment to the E-govemment Act of2002, Administcative Order 2004-09, Chief
Judge Edward R. Korman, dated October2004, United States District Court, Eastem District ofNew
which pmhibite the disclosure offull Social numbers in docenents to be filed
York), Security likely
either electronically or in paper form.
2. The incident occurred on April 27, 2019, at approximately 9:00 P.M. .
3. The incident occurred in the intemal walkway in the courtyard of 55 Windsor
Avenue, Rockville Centre, adjacent to Building A, along the intemal wãlk way, approximately 16
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
½ feet away from the public sidewalk along Windsor Avenue.
4. (a) Upon information and belief, defendents, their agents, servants, contractees and/or
employees were negligent, careless and reckless in the ownership, operation, maintenance,
management construction, replacement supervision, inspection, control and repair of the aforesaid
internal wãlkway in that the said welkway was caused, permitted and allowed to be, become and
remain broken, cracked, uneven, depressed, raised, loose, jagged, defective, dangerous, hazardous
for a long and/or unreasonable length of time. Defendants were further negligent, careless and
reckless in failing to warn individuals of the above mentioned defective, dangerous, hazardous
ccaditien; in failing to properly light the aforesaid area so that it was not dangerous for penons
lav#ülly traversing the area; in failing to take any steps, precautions and safeguards to the
keep
walkway in a reasonably safe and suitable condition; in failing to place barricades or erect signs with
wamings to persons lawfully proceeding upon said walkway, more particularly, this plaintiff; in
failing to properly maintain and/or repair said defective, dangerous, hazardous and trap-like
condition; and in other ways acting in a negligent, careless and reckless ranner with regard to said
sidewalk; in failing to hire, furnish, provide and employ competent, capable, experienced, trained
and diligent personnel to properly and adequately supervise, manage, repair and m-.ªntain said
walkway and in violating those codes, ordinances3 rules and regulations in such cases made and
provided for.
(b) i-iv. Breach of Warranty: Not applicable.
5. Actual notice is claimed in that the defendants created the condition and/or knew of
said condition(s), were present and/or had agents, servants and/or employees present to observe and
correct the said condiden(s), but failed to do so, the particulars of which are in the exclusive
possession of defendants and will be provided following completion of discovery.
6. Constructive notice is claimed in that the condition(s) existed for such a prolonged
period of time prior to this occurrence, that the defendants,and/or defendantsagents, servants and/or
employees, knew or should have known of its existence and they failed to repair or replace the
affected section of the internal walkway.
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
7. This Court will take judicial notice of the applicable law, ordinances, statutes and
common law claimed to have been violated by the defendant(s). Upon information and belief, the
defendant(s) were negligent in that they allowed their property to be kept in a dangerous condition;
in that they failed to give any notice or warning to the plaintiff; in that they failed to provide a safe
means of egress and exit; and in that they otherwise ==3=+=6ed their premises in a cer-less and
recldess manner. (S_ee, e.g.. In re People v. Imported Ouality Guard Does. Inc.. 88 A.D.3d 800, 801
(2d Dept 2011); Scalone v. Phelps Mam Hosp(CTR, 184AD2d 65, 76, 591 N.Y.S. 2d419(2d Dept.
(4*
1991); Sager v. Rochester General Hospital, 170 AD2d 949 Dept 1991)).
8. Prior similar occurrence: Not applicable.
9. Objection. Improper demand foraBill ofParticulars. Without waiving said objection,
this information is within the sole knowledge of defendants.
10. Defendant(s) are jointly and severally liable as the provisions of CPLR Article 1602
are applicable in as much as one or more exceptions apply herein.
11. The following injuries sustained by the plaintiff were caused, aggravated, accelerated,
exacerbated and/or precipitated by the negligence of the Defend==*s herein:
RIGHT WRIST:
- INTRAARTICULAR FRACTURE DISTAL RADIUS WITH DORSAL
DISPLACEMENT
- CASTING OF THE RIGHT FOREARM
- CONCUSSION WITH POST CONCUSSION HEADACHES AND
BLURRED VISION
- SIGNIFICANT HEMATOMA AND CONTUSIONS OF THE FACE
- FACIAL SCARRING
- LENGTHY PERIOD OF PHYSICAL THERAPY
- SIGNIFICANT REDUCTION IN RANGE OF MOTION OF THE
RIGHT HAND AND WRIST
- SIGNIFICANTLY REDUCED ABILITY TO BEAR WEIGHT IN
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
(
RIGHT HAND AND ARM
All with pain, tendemess, stiffness, soreness, spasm, swelling, weakness, hi*adan of
motion, restriction of use, impairment of function, exacerbation of pain on motion, with damage to
the underlying muscles, tendons, ligaments, fascia, blood vessels, capillaries and nerves in and about
all of the above injury sites, with resultant disfigurement, deformity and disability.
The afora=andoned injuries resulted in shock to the body and nervous system, produced füñctiünal
and organic disturbances, sympathetic and radiating to and about the adjacent and surrounding areas,
as well as tissue damages.
The injuries, manifestations and sequelae are permanent, chronic and progressive in nature
and that as a result thereof, plaintiff will have permanent pain, tenderness, stiffness, soreness,
irritation, discomfort, limitation of motion, limi*=don and loss of function, power and use and
additionally, with advancing years there will be naturally and medically related complications.
As a result, plaintiffs quality of life has been severely compromised. Plaintiff cannot retum to nor
is it expected that plaintiff will ever be able to return to, a level of function consistent with plaintiffs
abilities prior to the accident, and plaintiff has and will continue to sustain impairment, impediment,
diminution and retardation of enjoyment of life.
The plaintiff reserves the right to supplement this Bill of Particulars when further medical
information becomes available, and relies also on any and all injuries that are mentioned in the
medical reports and/or hospital records submitted herewith, or that will be submitted in the future,
or if and when coüñsel for plaintiff is provided with further medical records indicating further
injuries not included in this Bill of Particulars.
12. Not applicable.
13. Objection. Inappropriate demand in the context of a bill of particulars.
Notwith#sding, and without waiving said objection, plaintiff was not confined to any hospital.
14. Names and addresses of all medical professiona!s: Objection. Improper demand in
Responcas'
a Bill of Particulars. See Plaintiff's to Combined Demands.
15. Plaintiff is not claiming a loss of earnings.
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
16. (a) Hospitalized: Plaintiff was not confined to any hospital.
(b) Confined to bed: It is impossible to state with reasonable certainty the exact
division of time that plaintiff was confined to bed alone, except to state that there were periods of
confinement.
(c) Confined to house: It is impossible to state with re-ble certainty the exact
division of time that plaintiff was confined to house alone, except to state that there were periods of
confinement.
17. Plaintiff has incurred the following approximate special damages to date:
Physicians'
(a) services: To be provided.
(b) Medical supplies: To be provided.
(c) Loss of eamings: Not applicable.
(d) Future loss of earning: Not applicable.
(e) Hospital expenses: Not applicable.
Nurses'
(f) services: To be provided.
(g) Any other special damages: To be provided, if applicable.
Plaintiff reserves the right to provided addidenal special damages at the time of the
trial of this action in the event these costs are conSnuing.
18. Loss of services: Not applicable..
19. Identity of a collateral source is an improper demsad for a Bill of Particulars, more
appropriate in Discovery, and set forth therein.
20.-27. Identity of Medicare information is an improper demand for a Bill of Particulars,
more appropriate in Discovery, and is set forth therein.
28. Identity of Medical iñsurance provider is an improper demand for a Bill of Particulars,
more appropriate in Discovery, and is set forth therein.
29. Plaintiff was previously known as Randolph Kormos.
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
Dated: New York, New York
February 19, 2020
By: Steven C. No ember, Esq.
RAPHAELSO & LEVINE LAW FIRM, P.C.
Attorneys for Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York, New York 10122
(212) 268-3222
TO:
PEREZ & CARIELLO
Attorneys for Defendants
333 Earle Ovington Boulevard
P.O. Box 9372
Uniondale, New York 11553-3644
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO. 611584/2019
RANDOLPH GALLER,
Plaintiff, ATTORNEY'S
VERIFICATION
-against-
GILMAN MANAGEMENT CORPORATION AND NASSAU
WINDSOR CO.,
Defendants.
Steven C. November, Esq., an attorney duly admitted to practice law in the State of New
York, makes the following affirmation under the pêñalty of perjury:
I am of the firm of RAPHAELSON & LEVINE LAW FIRM, P.C., 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 she is not 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
correspondence 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 19, 2020
Steven C. November sq.
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
INDEX NO. 611584/2019
RANDOLPH GALLER,
Plaintiff, AFFIDAVIT OF MAIL
SERVICE
-against-
GILMAN MANAGEMENT CORPORATION AND NASSAU
WINDSOR CO.,
Defendants.
STATE OF NEW YORK
COUNTY OF NEW YORK:
Sultanul Sakib, being duly sworn, says:
I am not a party to the action; I reside at Queens, New York and I am over 18 years of age.
On February 2P†2020, I served the within Verified Bill of Particulars by depositing a true
copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and
custody ofthe United States Postal Service withinNew York State, addressed to the following at the
last known address set forth below:
PEREZ & CARIELLO
333 Earle Ovington Boulevard
P.O. Box 9372
Uniondale, New York 11553-3644
LTANUL SA
Sworn to before me
on February1( , 2020
Notary P lic
STEVEN C.NOVEMBER
PUBLIC, STATE OF NEW YORK
N6w)COUNTY, REG # 4978042
f-
COMMISSION EXPRIES: 1-| 2
FILED: NASSAU COUNTY CLERK 05/09/2022
08/26/2021 12:16
02:04 PM INDEX NO. 611584/2019
NYSCEF DOC. NO. 80
48 RECEIVED NYSCEF: 05/09/2022
08/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU Index No. 611584/2019
.........-----_.--............-------........---...............---
RANDOLPH GALLER,
Plaintiff,
-against-
GILMAN MANAGEMENT CORPORATION AND NASSAU
WINDSOR CO.,
Defendants.
_____.......---__.............-----------__________................
VERIFIED BILL OF PARTICULARS
..-----.........--------________.------.............--.............
RAPHAELSON & LEVINE LAW FIRM, P.C.
Attorneys for Plaintiff
Pennsylvania Building
14 Penn Plaza, Suite 1718
New York, New York 10122
(212) 268-3222
Preview
FILED: NASSAU COUNTY CLERK 05/09/2022 12:16 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 05/09/2022 FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. 611584/2019 RANDOLPH GAIIRR, Plaintiff, VERIFIED BILL OF PARTICULARS -against- GILMAN MANAGEMENT CORPORATION AND NASSAU WINDSOR CO., Defendants. Plaintiff, by his attorneys, Raphe=!son & Levine Law Firm, P.C., in respon=e to the Demand for a Bill of Particulars served by defendants GILMANMANAGEMENT CORPORATION AND NASSAU WINDSOR CO., as and for his Verified Bill of Particulars, respectfully alleges, upon information and belief: 1. Plaintiff's name is RANDOLPH GALLER. He resides at 55 Windsor Avenue, Rockville Centre, New York 11570. Plaintiff objects to the demand for date of birth, pursuant to 22 NYCRR 202.5 (e), effective from January 1, 2015, due to the danger of identity theft. Plaintiff objects to the dem•ad for a Social Security number as privileged, as an interrogatory, as not designed to amplify the pleadings, and also to the disclosure ofsuch information in a filing likely to be publicly filed, due to the danger of identity theft. (See, for instance, In re: The August 2, 2004 Amendment to the E-govemment Act of2002, Administcative Order 2004-09, Chief Judge Edward R. Korman, dated October2004, United States District Court, Eastem District ofNew which pmhibite the disclosure offull Social numbers in docenents to be filed York), Security likely either electronically or in paper form. 2. The incident occurred on April 27, 2019, at approximately 9:00 P.M. . 3. The incident occurred in the intemal walkway in the courtyard of 55 Windsor Avenue, Rockville Centre, adjacent to Building A, along the intemal wãlk way, approximately 16 FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 ½ feet away from the public sidewalk along Windsor Avenue. 4. (a) Upon information and belief, defendents, their agents, servants, contractees and/or employees were negligent, careless and reckless in the ownership, operation, maintenance, management construction, replacement supervision, inspection, control and repair of the aforesaid internal wãlkway in that the said welkway was caused, permitted and allowed to be, become and remain broken, cracked, uneven, depressed, raised, loose, jagged, defective, dangerous, hazardous for a long and/or unreasonable length of time. Defendants were further negligent, careless and reckless in failing to warn individuals of the above mentioned defective, dangerous, hazardous ccaditien; in failing to properly light the aforesaid area so that it was not dangerous for penons lav#ülly traversing the area; in failing to take any steps, precautions and safeguards to the keep walkway in a reasonably safe and suitable condition; in failing to place barricades or erect signs with wamings to persons lawfully proceeding upon said walkway, more particularly, this plaintiff; in failing to properly maintain and/or repair said defective, dangerous, hazardous and trap-like condition; and in other ways acting in a negligent, careless and reckless ranner with regard to said sidewalk; in failing to hire, furnish, provide and employ competent, capable, experienced, trained and diligent personnel to properly and adequately supervise, manage, repair and m-.ªntain said walkway and in violating those codes, ordinances3 rules and regulations in such cases made and provided for. (b) i-iv. Breach of Warranty: Not applicable. 5. Actual notice is claimed in that the defendants created the condition and/or knew of said condition(s), were present and/or had agents, servants and/or employees present to observe and correct the said condiden(s), but failed to do so, the particulars of which are in the exclusive possession of defendants and will be provided following completion of discovery. 6. Constructive notice is claimed in that the condition(s) existed for such a prolonged period of time prior to this occurrence, that the defendants,and/or defendantsagents, servants and/or employees, knew or should have known of its existence and they failed to repair or replace the affected section of the internal walkway. FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 7. This Court will take judicial notice of the applicable law, ordinances, statutes and common law claimed to have been violated by the defendant(s). Upon information and belief, the defendant(s) were negligent in that they allowed their property to be kept in a dangerous condition; in that they failed to give any notice or warning to the plaintiff; in that they failed to provide a safe means of egress and exit; and in that they otherwise ==3=+=6ed their premises in a cer-less and recldess manner. (S_ee, e.g.. In re People v. Imported Ouality Guard Does. Inc.. 88 A.D.3d 800, 801 (2d Dept 2011); Scalone v. Phelps Mam Hosp(CTR, 184AD2d 65, 76, 591 N.Y.S. 2d419(2d Dept. (4* 1991); Sager v. Rochester General Hospital, 170 AD2d 949 Dept 1991)). 8. Prior similar occurrence: Not applicable. 9. Objection. Improper demand foraBill ofParticulars. Without waiving said objection, this information is within the sole knowledge of defendants. 10. Defendant(s) are jointly and severally liable as the provisions of CPLR Article 1602 are applicable in as much as one or more exceptions apply herein. 11. The following injuries sustained by the plaintiff were caused, aggravated, accelerated, exacerbated and/or precipitated by the negligence of the Defend==*s herein: RIGHT WRIST: - INTRAARTICULAR FRACTURE DISTAL RADIUS WITH DORSAL DISPLACEMENT - CASTING OF THE RIGHT FOREARM - CONCUSSION WITH POST CONCUSSION HEADACHES AND BLURRED VISION - SIGNIFICANT HEMATOMA AND CONTUSIONS OF THE FACE - FACIAL SCARRING - LENGTHY PERIOD OF PHYSICAL THERAPY - SIGNIFICANT REDUCTION IN RANGE OF MOTION OF THE RIGHT HAND AND WRIST - SIGNIFICANTLY REDUCED ABILITY TO BEAR WEIGHT IN FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 ( RIGHT HAND AND ARM All with pain, tendemess, stiffness, soreness, spasm, swelling, weakness, hi*adan of motion, restriction of use, impairment of function, exacerbation of pain on motion, with damage to the underlying muscles, tendons, ligaments, fascia, blood vessels, capillaries and nerves in and about all of the above injury sites, with resultant disfigurement, deformity and disability. The afora=andoned injuries resulted in shock to the body and nervous system, produced füñctiünal and organic disturbances, sympathetic and radiating to and about the adjacent and surrounding areas, as well as tissue damages. The injuries, manifestations and sequelae are permanent, chronic and progressive in nature and that as a result thereof, plaintiff will have permanent pain, tenderness, stiffness, soreness, irritation, discomfort, limitation of motion, limi*=don and loss of function, power and use and additionally, with advancing years there will be naturally and medically related complications. As a result, plaintiffs quality of life has been severely compromised. Plaintiff cannot retum to nor is it expected that plaintiff will ever be able to return to, a level of function consistent with plaintiffs abilities prior to the accident, and plaintiff has and will continue to sustain impairment, impediment, diminution and retardation of enjoyment of life. The plaintiff reserves the right to supplement this Bill of Particulars when further medical information becomes available, and relies also on any and all injuries that are mentioned in the medical reports and/or hospital records submitted herewith, or that will be submitted in the future, or if and when coüñsel for plaintiff is provided with further medical records indicating further injuries not included in this Bill of Particulars. 12. Not applicable. 13. Objection. Inappropriate demand in the context of a bill of particulars. Notwith#sding, and without waiving said objection, plaintiff was not confined to any hospital. 14. Names and addresses of all medical professiona!s: Objection. Improper demand in Responcas' a Bill of Particulars. See Plaintiff's to Combined Demands. 15. Plaintiff is not claiming a loss of earnings. FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 16. (a) Hospitalized: Plaintiff was not confined to any hospital. (b) Confined to bed: It is impossible to state with reasonable certainty the exact division of time that plaintiff was confined to bed alone, except to state that there were periods of confinement. (c) Confined to house: It is impossible to state with re-ble certainty the exact division of time that plaintiff was confined to house alone, except to state that there were periods of confinement. 17. Plaintiff has incurred the following approximate special damages to date: Physicians' (a) services: To be provided. (b) Medical supplies: To be provided. (c) Loss of eamings: Not applicable. (d) Future loss of earning: Not applicable. (e) Hospital expenses: Not applicable. Nurses' (f) services: To be provided. (g) Any other special damages: To be provided, if applicable. Plaintiff reserves the right to provided addidenal special damages at the time of the trial of this action in the event these costs are conSnuing. 18. Loss of services: Not applicable.. 19. Identity of a collateral source is an improper demsad for a Bill of Particulars, more appropriate in Discovery, and set forth therein. 20.-27. Identity of Medicare information is an improper demand for a Bill of Particulars, more appropriate in Discovery, and is set forth therein. 28. Identity of Medical iñsurance provider is an improper demand for a Bill of Particulars, more appropriate in Discovery, and is set forth therein. 29. Plaintiff was previously known as Randolph Kormos. FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 Dated: New York, New York February 19, 2020 By: Steven C. No ember, Esq. RAPHAELSO & LEVINE LAW FIRM, P.C. Attorneys for Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York 10122 (212) 268-3222 TO: PEREZ & CARIELLO Attorneys for Defendants 333 Earle Ovington Boulevard P.O. Box 9372 Uniondale, New York 11553-3644 FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. 611584/2019 RANDOLPH GALLER, Plaintiff, ATTORNEY'S VERIFICATION -against- GILMAN MANAGEMENT CORPORATION AND NASSAU WINDSOR CO., Defendants. Steven C. November, Esq., an attorney duly admitted to practice law in the State of New York, makes the following affirmation under the pêñalty of perjury: I am of the firm of RAPHAELSON & LEVINE LAW FIRM, P.C., 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 she is not 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 correspondence 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 19, 2020 Steven C. November sq. FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU INDEX NO. 611584/2019 RANDOLPH GALLER, Plaintiff, AFFIDAVIT OF MAIL SERVICE -against- GILMAN MANAGEMENT CORPORATION AND NASSAU WINDSOR CO., Defendants. STATE OF NEW YORK COUNTY OF NEW YORK: Sultanul Sakib, being duly sworn, says: I am not a party to the action; I reside at Queens, New York and I am over 18 years of age. On February 2P†2020, I served the within Verified Bill of Particulars by depositing a true copy thereof, enclosed in a post-paid wrapper, in an official depository under the exclusive care and custody ofthe United States Postal Service withinNew York State, addressed to the following at the last known address set forth below: PEREZ & CARIELLO 333 Earle Ovington Boulevard P.O. Box 9372 Uniondale, New York 11553-3644 LTANUL SA Sworn to before me on February1( , 2020 Notary P lic STEVEN C.NOVEMBER PUBLIC, STATE OF NEW YORK N6w)COUNTY, REG # 4978042 f- COMMISSION EXPRIES: 1-| 2 FILED: NASSAU COUNTY CLERK 05/09/2022 08/26/2021 12:16 02:04 PM INDEX NO. 611584/2019 NYSCEF DOC. NO. 80 48 RECEIVED NYSCEF: 05/09/2022 08/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. 611584/2019 .........-----_.--............-------........---...............--- RANDOLPH GALLER, Plaintiff, -against- GILMAN MANAGEMENT CORPORATION AND NASSAU WINDSOR CO., Defendants. _____.......---__.............-----------__________................ VERIFIED BILL OF PARTICULARS ..-----.........--------________.------.............--............. RAPHAELSON & LEVINE LAW FIRM, P.C. Attorneys for Plaintiff Pennsylvania Building 14 Penn Plaza, Suite 1718 New York, New York 10122 (212) 268-3222