Preview
(FILED: NEW YORK COUNTY CLERK 0970272016 I1:56 AM INDEX NO. 156120/2016
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/02/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
et ee rere
ee eee eeneen een nee X Index No.: 156120/2016
KIMBERLY D. SUAREZ,
DEMAND FOR A
Plaintiff, VERIFIED BILL OF
PARTICULARS
-against-
JOSE J. LEON,
Defendant.
mettre nnn nn nnn wenn nn nnn nn nnn nn nnn nnn nnn nnn nnn nnn en nn nen ne anne nnn,
COUNSEL:
PLEASE TAKE NOTICE that Demand is hereby made that you serve a
Verified Bill of Particulars as to the following matters with respect to the cause of
action of the plaintiff herein within twenty (20) days after the service of this demand:
4
The proper full name, age, residence, date and place of birth and social
security number of the plaintiff.
2 The exact date and time of day of the occurrence.
3 Identify and describe in sufficient detail to permit recognition thereof,
the exact location wherein it is alleged that plaintiff was caused to sustain personal
injuries, state in feet the approximate distance from some easily identifiable object or
objects.
4 Set forth each and every act and/or omission constituting the
negligence claimed on the part of this defendant.
5. The manner in which the accident occurred.
6 The specific statutes, ordinances, rules, regulations, and claimed to
have been violated by defendant.
lof5
7. The nature, extent, location and duration of each and every injury
alleged to have been sustained by the Plaintiff and which, if any, are claimed to be
permanent.
8 If Plaintiff was admitted to any hospital or emergency room resulting
from the accident/occurrence, state the name, address, name of treating physician,
date of admission and date of discharge there from.
9 The length of time, giving specific dates, Plaintiff was confined to bed,
and confined to home as a result of the alleged injuries.
10. The length of time during which Plaintiff was incapacitated from
employment and/or household duties as a result of the alleged injuries, giving specific
dates. The vocation of injured plaintiff at the time of the occurrence. The average
weekly income at the time of occurrence and the total income claimed lost by reason
of the occurrence.
M1; Total amounts claimed as special damages for:
(a) hospital,
(b) doctors,
(c) medicine or medical supplies,
(d) nurses services,
(f) X-ray or MRI expenses,
(g) Chiropractor expenses,
(e) any other special damages claimed
12. If Plaintiff was a student at the time of the alleged occurrence, set forth
the name and address of the school attended and the length of time Plaintiff was
unable to attend classes.
13. Set forth all collateral sources under CPLR 4545(c), specifying date
paid, amount of collateral source payment, by whom paid, and the name, address
and file/claim number of the payer.
2 0f 5
14. Specifically state how Plaintiff has sustained a serious injury, as defined
by Section 5102 (d) of the Insurance Law, or economic loss greater than basic
economic loss, as defined in Section 5102 (a) of the Insurance Law.
15. If Plaintiff claims aggravation of a pre-existing injury or condition, state
the nature and extent of such. Provide the names, addresses and all necessary
information on all medical providers of the pre-existing medical condition or injury.
16. State what precaution it is alleged that this defendant failed to take.
17. The names and addresses of all witnesses to the occurrence.
18. Produce authorizations to obtain any and all medical records, reports
and diagnostic films pertaining to any of the medical treatment received by the
Plaintiff from the alleged injuries sustained in the accident/occurrence.
19. If Plaintiff was involved in any previous accidents or incidents which
involved injuries similar to those alleged as a result of this accident/incident, please
state the name, date, time and location of the prior accident/incident. Please provide
a brief description of the prior accident/incident. Please provide the names,
addresses and dates of treatment of any medical services received by Plaintiff from
the prior accident/incident. Please provide authorizations to obtain any and all
medical records, reports and diagnostic films pertaining to any of the medical
treatment received by the Plaintiff from the alleged injuries sustained in the prior
accident/occurrence.
20. Produce authorizations to obtain Summons and Complaints, Bills of
Particulars and any medical records or reports exchanged in any prior personal injury
lawsuits brought by the Plaintiff.
3 0f 5
PLEASE TAKE FURTHER NOTICE, that if the above demand is not complied
with within the next twenty days, an application will be made to preclude the
plaintiff(s) from giving any evidence thereof upon the trial of this action, pursuant to
Section 3041 to 3044 of the CPLR.
Dated: New York, New York
September 1, 2016
Yours, etc.
Tes
THOMAS J. MARO
MARONEY O'CONNOR LLP
Attorneys for Defendant
JOSE J. LEON
11 Broadway, Suite 831
New York, New York 10004
212.509.2009
File No.: 20167910
TO:
Salvatore J. Sciangula, Esq
Attorney for Plaintiff
KIMBERLY D. SUAREZ
138 Compass Place
Arverne, NY 11692
646.256.0099
4o0f 5
Index No.: 156120/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
a --X
KIMBERLY D. SUAREZ,
Plaintiff,
-against-
JOSE J. LEON,
Defendant.
es pacar
DEMAND FOR A VERIFIED BILL OF PARTICULARS
MARONEY O'CONNOR LLP
Attorneys for Defendant
JOSE J. LEON
11 Broadway, Suite 831
New York, New York 10004
212.509.2009
File No.: 20167910
5 of 5
Preview
(FILED: NEW YORK COUNTY CLERK 0970272016 I1:56 AM INDEX NO. 156120/2016 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 09/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK et ee rere ee eee eeneen een nee X Index No.: 156120/2016 KIMBERLY D. SUAREZ, DEMAND FOR A Plaintiff, VERIFIED BILL OF PARTICULARS -against- JOSE J. LEON, Defendant. mettre nnn nn nnn wenn nn nnn nn nnn nn nnn nnn nnn nnn nnn nnn en nn nen ne anne nnn, COUNSEL: PLEASE TAKE NOTICE that Demand is hereby made that you serve a Verified Bill of Particulars as to the following matters with respect to the cause of action of the plaintiff herein within twenty (20) days after the service of this demand: 4 The proper full name, age, residence, date and place of birth and social security number of the plaintiff. 2 The exact date and time of day of the occurrence. 3 Identify and describe in sufficient detail to permit recognition thereof, the exact location wherein it is alleged that plaintiff was caused to sustain personal injuries, state in feet the approximate distance from some easily identifiable object or objects. 4 Set forth each and every act and/or omission constituting the negligence claimed on the part of this defendant. 5. The manner in which the accident occurred. 6 The specific statutes, ordinances, rules, regulations, and claimed to have been violated by defendant. lof5 7. The nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff and which, if any, are claimed to be permanent. 8 If Plaintiff was admitted to any hospital or emergency room resulting from the accident/occurrence, state the name, address, name of treating physician, date of admission and date of discharge there from. 9 The length of time, giving specific dates, Plaintiff was confined to bed, and confined to home as a result of the alleged injuries. 10. The length of time during which Plaintiff was incapacitated from employment and/or household duties as a result of the alleged injuries, giving specific dates. The vocation of injured plaintiff at the time of the occurrence. The average weekly income at the time of occurrence and the total income claimed lost by reason of the occurrence. M1; Total amounts claimed as special damages for: (a) hospital, (b) doctors, (c) medicine or medical supplies, (d) nurses services, (f) X-ray or MRI expenses, (g) Chiropractor expenses, (e) any other special damages claimed 12. If Plaintiff was a student at the time of the alleged occurrence, set forth the name and address of the school attended and the length of time Plaintiff was unable to attend classes. 13. Set forth all collateral sources under CPLR 4545(c), specifying date paid, amount of collateral source payment, by whom paid, and the name, address and file/claim number of the payer. 2 0f 5 14. Specifically state how Plaintiff has sustained a serious injury, as defined by Section 5102 (d) of the Insurance Law, or economic loss greater than basic economic loss, as defined in Section 5102 (a) of the Insurance Law. 15. If Plaintiff claims aggravation of a pre-existing injury or condition, state the nature and extent of such. Provide the names, addresses and all necessary information on all medical providers of the pre-existing medical condition or injury. 16. State what precaution it is alleged that this defendant failed to take. 17. The names and addresses of all witnesses to the occurrence. 18. Produce authorizations to obtain any and all medical records, reports and diagnostic films pertaining to any of the medical treatment received by the Plaintiff from the alleged injuries sustained in the accident/occurrence. 19. If Plaintiff was involved in any previous accidents or incidents which involved injuries similar to those alleged as a result of this accident/incident, please state the name, date, time and location of the prior accident/incident. Please provide a brief description of the prior accident/incident. Please provide the names, addresses and dates of treatment of any medical services received by Plaintiff from the prior accident/incident. Please provide authorizations to obtain any and all medical records, reports and diagnostic films pertaining to any of the medical treatment received by the Plaintiff from the alleged injuries sustained in the prior accident/occurrence. 20. Produce authorizations to obtain Summons and Complaints, Bills of Particulars and any medical records or reports exchanged in any prior personal injury lawsuits brought by the Plaintiff. 3 0f 5 PLEASE TAKE FURTHER NOTICE, that if the above demand is not complied with within the next twenty days, an application will be made to preclude the plaintiff(s) from giving any evidence thereof upon the trial of this action, pursuant to Section 3041 to 3044 of the CPLR. Dated: New York, New York September 1, 2016 Yours, etc. Tes THOMAS J. MARO MARONEY O'CONNOR LLP Attorneys for Defendant JOSE J. LEON 11 Broadway, Suite 831 New York, New York 10004 212.509.2009 File No.: 20167910 TO: Salvatore J. Sciangula, Esq Attorney for Plaintiff KIMBERLY D. SUAREZ 138 Compass Place Arverne, NY 11692 646.256.0099 4o0f 5 Index No.: 156120/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK a --X KIMBERLY D. SUAREZ, Plaintiff, -against- JOSE J. LEON, Defendant. es pacar DEMAND FOR A VERIFIED BILL OF PARTICULARS MARONEY O'CONNOR LLP Attorneys for Defendant JOSE J. LEON 11 Broadway, Suite 831 New York, New York 10004 212.509.2009 File No.: 20167910 5 of 5