Preview
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
EXHIBIT C
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________--______________---------------------------------------------X
LETICIA ALMENDAREZ, Index No.: 612349/2019E
Plaintiff,
VERIFIED BILL OF
-against- PARTICULARS
RICHARD C. CUCCI and 0.K. PETROLEUM
DISTRIBUTION CORP.,
Defendants.
------ -------------------------- ----- -----X
Plaintiff, LETICIA ALMENDAREZ, by and through her attorneys LADYZHENSKY
LAW FIRM, P.C., hereby responds, upon information and belief, to the defendants RICHARD C.
CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., demand for a bill of particulars as
follows:
1. Plaintiff's name is LETICIA ALMENDAREZ. Plaintiff resides at 15 Jackson
Court, Apt. B, Hempstead, NY 11550. Her Social Security number and date of birth will be
provided at her examination before trial.
2-3. The incident occurred on September 25, 2018 at approximately 08:06 A.M.
4. The accident occurred on Henry Street at or near its intersection with Jerusalem
Avenue, Hempstead, NY.
defendant(s)'
5-6. The defendants(s) and/or said agents, servants, employees and/or
licensees were jointly and severely negligent in the ownership, leacing, management, maintenance
and control of their motor vehicles; in operating same without due regard to the rights and safety
of the plaintiff(s); in unlawfully and negligently backing the vehicle without ascertaining whether
it was safe to do so; in unlawfúlly backing the vehicle against the direction of traffic on a
roadway/highway; in their said motor vehicles in a manner which unreasonably
operating
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
endangered the plaintiff(s); in failing to properly signal before changing lanes; in failing to safely
change lanes; in failing to properly, steer, guide, manage and control their said vehicles; in
operating same at a rate of speed greater than was reasonable and proper at the time and place of
the in to m=ª=+c4* a proper distance between vehicles ahead on the
occurrence; failing
roadway/highway; in failing to apply the brakes or slow down or stop in such a ma=er as would
have prevented the occurrence; in failing to have made adequate and timely observation of and
response to conditions then and there prevailing; in failing to observe traffic signs and signals at
the time and place of the occurrence; in failing to keep a proper look out when controlling their
said vehicle(s); in failing to properly maintain their said vehicles according to law; in failing to
.
give adeqüãte and timely signal, notice or warñiñg; in operating the motor vehicle in an impaired
condition; in failing to sound the horn or otherwise warn the plaintiff(s) of impending danger; in
failing to have adequate and timely signal, notice or warning; in operating the said motor vehicle
without due regard for the rights and safety of other persons and especially for the plaintiff(s)
herein; in failing to stop, steer or otherwise avoid the subject occurreñce; in failing to otherwise
apply the brakes or stop in such a manner so as to avoid the occussonsce; in failing to have made
adequate and timely observations of roadway conditions; in failing to look; in failing to see that
what should have been seen; in failing to observe signals and the signals prevailing at the time and
place of occurrence; in failing to keep an adequate, proper and safe distance from other vehicles;
in failing to keep said motor vehicle in proper and adequate operating condition; in failing to
inspect said vehicle for defects and deficiencies; in failing to provide said vehicle with adequate
and efficient brakes and/or steering mechanism and/or signaling devices, and/or tires and/or
transmission system; in failing to observe the rules of the road and in violating all applicable laws,
statutes, rules, regulations and ordiaâñces then and therein effective on the date and time of
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
occurrence.
7-9. Not applicable.
10. As a result of the occurrence, plaintiff LETICIA ALMENDAREZ sustained the
following personal injuries, all of which are alleged to be of a permanent nature:
RIGHT SHOULDER
POST OPERATIVE DIAGNOSIS:
-RIGHT SHOULDER SLAP TEAR
-ANTERIOR LABRAL TEAR
-PARTIAL LABRAL TEAR
-PARTIAL ROTATOR CUFF TEAR
-SYNOVITIS
-BURSITIS
-SUBSCAPULARIS TEAR
-SUBACROMIAL ADHESIONS
-IMPINGEMENT SYNDROME
OPERATIVE PROCEDURES PERFORMED ON JULY 22, 2019
-RIGHT SHOULDER ARTHROSCOPY, SLAP LABRAL REPAIR
-EXTENSIVE DEBRIDEMENT INCLUDING ROTATOR CUFF, SUBSCAPULARIS,
SUPRASPINATUS, POSTERIOR LABRUM, ANTERIOR LABRUM
-SYNOVECTOMY
-SUBACROMIAL BURSECTOMY
-LYSIS OF ADHESIONS
MRI OF THE RIGHT SHOULDER ON FEBRUARY 7, 2019 CONFIRMED:
-JOINT EFFUSION
TRIGGER POINT INJECTION TO SUPRASPINATUS, INFRASPINATUS, RHOMBOIDS ON
JANUARY 7, 2019, FEBRUARY 18, 2019 AND APRIL 15, 2019
RIGHT SHOULDER INJECTION ON APRIL 1, 2019
LOSS OF RANGE OF MOTION TO THE RIGHT SHOULDER
CERVICAL SPINE
MRI OF THE CERVICAL SPINE ON 11/09/2018 CONFIRMED:
- DISC HERNIATION AT C5-C6
- DISC HERNIATION AT C6-C7
- DISC BULGES ENCROACHING ON THE NERVE ROOTS AT C3 THROUGH C7
.
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
CERVICAL FACET JOINT INJECTION TO RIGHT C4-C5, C5-C6 AND C6-C7 ON MAY 27,
2019
EMG/NCV TEST ON JANUARY 21, 2019 CONFIRMED:
-RIGHT C5-C6 RADICULOPATHY
LOSS OF RANGE OF MOTION TO THE CERVICAL SPINE
LUMBAR SPINE
MRI OF THE LUMBAR SPINE ON JANUARY 12, 2019 CONFIRMED:
- DISC BULGE AT L4-L5
- DISC BULGE AT L5-S1
EMG/NCV TEST ON JANUARY 21, 2019 CONFIRMED:
-LEFT L5-SI RADICULOPATHY
LOSS OF RANGE OF MOTION TO THE LUMBAR SPINE
LEFT SHOULDER
LEFT SHOULDER PAIN
LOSS OF RANGE OF MOTION TO THE LEFT SHOULDER
Upon information and belief, all of the above aforementioned injuries are permanent and
conneleg in nature, except for objective signs of contusions and abrasions, resulting in among
other things permanent deficit in the range of motion of the affected areas. The plaintiff will require
future surgery.
The aforesaid injuries have directly and indirectly adversely affected the nerves, tissues,
blood vessels, blood supply, muscles, ligaments, cartilages, tendons, bones and soft parts in and
about the sites of the above-described areas of injury including the central nervous system,
muscular system and skeletal system.
Plaintiff has required and upon information and belief will require for an indefinite period
of further duration continuous medical care, hospitalizations, medications and various modalities
of therapy. Plaintiff, as a result ofher injuries is placed at a greater risk of sustaining further injuries
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to her right shoulder, left shoulder, cervical spine and lumbar spine and must go for extensive care
including but not limited to physical therapy.
Plaintiff suffered and suffers from associated and concerita_nt impairments and negative
effects upon plaintiff's pre-accident enjoymeñt of life, day to day existence, activities, functions,
and involvements, diminutions and/or effect of functions, activities, avocation and some other
activities in which plaintiff engaged prior to the underlying accident; plaintiff suffers inability to
resume some pre-accident modus vivendi and inability to resume all pre-accident social relations,
contacts and participation as well as suffering associated pains, disabilities, discomforts,
impairments, impediments, limitations of functions and activities; the injuries, manifestations and
seqüêlae are permanant and chronic additionally, with years there will be ñâturally and
advañcing
medically related complications and exacerbations. There are psychological and somatic overlay
with resultant disability. If any of the injuries are determined to be exacerbations of pre-existing
injuries, such injuries were asymptomatic and acquiescent prior to this accident.
The aforesaid have and will continue in the future to affect facets of Plaintiffs pre-
many
accident lifestyle with resultant damages. Plaintiff, to her detriment will continue to sustain
permanent loss and impairment of her physical and mental health.
The Plaintiff reserves the right to prove any and all further conseqüéñces and any and all
further medical expenses up to and at the time of trial.
The Plaintiff reserves the right to claim future surgeries, if any, as a result of this accident,
up to and at the time of trial.
11. Plaintiff was confined to North Queens Surgical Center, located at 45-64 Francis
Lewis Boulevard, Bayside, New York 11361 on July 22, 2019.
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12. The plaintiff was confined to bed and home inter-incraly following the accident
to date and for approximately 2 months following the operative procedure on July 22, 2019.
13. Not applicable. Plaintiff was not a student at the time of the occurrence.
14. Plaintiffhas not incurred any special damages to date as her medical bills have been
paid by her no-fault carrier, National Liability & Fire Insurance Company, P.O. Box 9028,
Bethpage, NY 11714, Claim No.: 9SNLV09022. However, plaintiff reserves her right to claim any
special darsages up to and including the time of trial.
15. Not applicable.
16. The Court will take judicial notice of all statutes and laws violated by the defendant
at the time of trial. In any event it is submitted that defendant violated New York State Vehicle
and Traffic Laws sections 375; 388; 1101; 1102; 1110; 1111; 1111-A; 1111-B; 1113; 1115; 1116;
11 17; 1120; 1121; 1122; 1123; 1124; 1125; 1126; 1127; 1128; 1129; 1130; 1131; 1140; 1141;
1142; 1143; 1144; 1145; 1146; 1151; 1151-A; 1160; 1161; 1162; 1163; 1164; 1165; 1166; 1170;
1172- 1181; 1190; 1192;
1171; 1172;1172-a; b; 1173; 1174; 1175; 1176; 1180; 1180-a; 1182;
1192-A; 1200; 1201; 1202; 1203; 1203-b; 1210; 1211; 1212; 1213; 1214; 1215; 1216; 1217; 1218;
1219; 1220; 1220-a; 1221; 1222; 1223; 1225; 1225-a; 1226; 1227; 1228; 1229; 1229-a; 1229-c;
and Traffic Regulations of the of New York sections 4-
1250; 1251; 1252; City 4-03; 4-04; 4-05;
06; 4-07; 4-08; 4-09 and 4-12.
17-18. Not applicable.
19.-20 See paragraph 14.
21. The Plaintiff(s) sustained a serious injury as defined in Section 5102(d) of the
Insurance Law of the State of New York which has resulted in a significant disfigurement,
permanent loss of use of a body organ, member, function or system; a permanent consequential
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
limitation of use of a body organ or member; a significant limitation of use of a body function or
system; and medically determined injury or impairment of a non-permanent nature which
prcycñted them from performing substantially all of the material acts which constituted his/her
usual and customary daily activities for not less than 90 days during the 180 days immedickly
following the occurrence complained of. Additionally, as defined in Section 5102(a) the Plaintiff
anticipates sustaiñiñg economic loss in excess of basic economic loss in that the Plaintiff(s) has,
or will in the future, incur medical, hospital and other necessary expenses that have or will exceed
FIFTY THOUSAND ($50,000.00).
22-25. Plaintiff objects to this demand as it is improper for a bill of particulars and
outside the scope of CPLR § 3043.
PLEASE TAKE NOTICE, Plaintiff reserves her right to amend and/or supplement the
responses made herein.
Dated: Brooklyn, New York
December 30, 2019
Kate L sky
LAD ZHEN Y LAW FIRM, P.C.
Attorneys for Plaintiff
26 Court Street, Suite 714
Brooklyn, New York 11242
(718) 676-5866
TO:
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendant
RICHARD C. CUCCI and O.K.
PETROLEUM DISTRIBUTION CORP.
77 Water Street, Suite 2100
New York, NY 10005
(212) 232-1300
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
ATTORNEY'S VERIFICATION
KATE LADYZHENSKY, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of perjury:
I am the principal of LADYZHENSKY LAW FIRM, P.C., attorneys of record for
Plaintiff(s), LETICIA ALMENDAREZ. I have read the annexed RESPONSE TO
DEFENDANT'S DEMAND FOR A VERIFIED BILL OF PARTICULARS and know the
contents thereof, and the same are true to my knowledge, except those matters therein which are
stated to be alleged upon infonuation and belief, and as to those matters I believe them to be true.
My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and
other pertinent information contained in my files.
I make the foregoing affirmation because Plaintiff(s) is/are not presently in the county
wherein I maintain my offices.
DATED: Brooklyn, New York
December 30, 2019
TE LADYZHENSKY
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
_________ _______________---- ---- X
LETICIA ALMENDAREZ AFFIRMATION
Plaintiff, OF SERVICE
-against- Index No.: 612349/2019E
RICHARD C. CUCCI and O.K. PETROLEUM
DISTRIBUTION CORP.,
Defendants.
--------------------------------------------------------------------X
KATE LADYZHENSKY an attorney duly admitted to practice law in the State of New
York hereby affirms under the penalty of perjury as follows:
I am over 18 years of age, I am not a party to the action, and I reside in Kings County in
the State of New York.
I served a true copy of the annexed RESPONSE TO DEFENDANTS RICHARD C. CUCCI and
0.K. PETROLEUM DISTRIBUTION CORP DEMAND FOR A VERIFIED BILL OF
PARTICULARS on December 30, 2019 by mailing the same in a sealed envelope, with postage
prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State
of New York, addressed to the last known address of the Attorneys for Defendants as indicated
below:
LEWIS BRISBOIS BISGAARD & SMITH LLP
77 Water Street. Suite 2100
New York, NY 10005
Dated: Brooklyn, New York
December 30, 2019
E YZHENSKY
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
Index No.: 612349/2019E
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
LETICIA ALMENDAREZ
Plaintiff,
-against-
RICHARD C. CUCCI and O.K. PETROLEUM
DISTRIBUTION CORP.,
Defendants.
RESPONSE TO DEFENDANTS RICHARD C. CUCCI and 0.K. PETROLEUM
DISTRIBUTION CORP'S DEMAND FOR A VERIFIED BILL OF PARTICULARS
LADYZHENSKY LAW FIRM, P.C.
Attorneys for Plaintsff(s)
26 Court Street, Suite 714
Brooklyn, New York 11242
(718) 676-5866
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
LETICIA ALMENDAREZ, Index No.: 612349/2019E
Plaintiff,
FIRST SUPPLEMENTAL
-against- BILL OF PARTICULARS
RICHARD C. CUCCI and O.K. PETROLEUM
DISTRIBUTION CORP.,
Defendants.
X
Plaintiff, LETICIA ALMENDAREZ, by and through her attorneys LADYZHENSKY
LAW FIRM, P.C., hereby provides a supplemental response, upon information and belief, to
defendant RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP.'s demand
for a bill of particulars as follows:
1. Lost Wages: On the date of the occurrence, Plaintiff was employed full time by
the Meatball Place, located at 206 Main Street, Farmingdale, NY 1 1735. Plaintiff was earning
approximately $580.00 per week and is claiming approximately $1 1,633.14 in past lost wages.
Plaintiff was intermittently disabled from employment from September 25, 2018 until July 22,
2019. Plaintiff was totally disabled from employment following her right shoulder arthroscopy
on July 22, 2019 until approximately September 24, 2019. Thereafter, Plaintiff began working in
a part-time capacity, which she continues to present.
Plaintiff anticipates retaining an appropriate and qualified expert(s) to quantify her past
and anticipated future lost earnings. At the time of retaining said expert(s) this response will be
further supplemented.
Plaintiff reserves her right to further supplement her claim for past and anticipated future
special damages, including but not limited to lost wages and perquisites and future medical
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
expenses to be incurred. Plaintiff reserves her right to have such anticipated future special
damages to be determined by appropriate and qualified experts upon them being retained.
PLEASE TAKE NOTICE, Plaintiff reserves her right to amend and/or supplement the
responses made herein.
Dated: Brooklyn, New York
March 24, 2020
Katp Ladyzhensky
LADYZHENSKY LAW FIRM, P.C.
Attorneys for Plaintiff
LETICIA ALMENDAREZ
26 Court Street, Suite 714
Brooklyn, New York 1 1242
(718) 676-5866
TO:
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Defendant
RICHARD C. CUCCI and O.K.
PETROLEUM DISTRIBUTION CORP.
77 Water Street, Suite 2100
New York, NY 10005
(212) 232-1300
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
ATTORNEY'S VERIFICATION
KATE LADYZHENSKY, an attorney duly admitted to practice before the Courts of the
State of New York, affirms the following to be true under the penalties of pequry:
I am the principal of LADYZHENSKY LAW FIRM, P.C., attorneys of record for
Plaintiff(s), LETICIA ALMENDAREZ. I have read the annexed FIRST SUPPLEMENTAL
BILL OF PARTICULARS and know the contents thereof, and the same are true to my
knowledge, except those matters therein which are stated to be alleged upon information and belief,
and as to those matters I believe them to be true. My belief, as to those matters therein not stated
upon knowledge, is based upon facts, records, and other pertinent information contained in my
files.
I make the foregoing affirmation because Plaintiff(s) is/are not presently in the county
wherein I maintain my offices.
DATED: Brooklyn, New York
March 24, 2020
TE LADYZHENSKY
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
LETICIA ALMENDAREZ AFFIRMATION
Plaintiff, OF SERVICE
-against- Index No.: 612349/2019E
RICHARD C. CUCCI and O.K. PETROLEUM
DISTRIBUTION CORP.,
Defendants.
X
KATE LADYZHENSKY an attorney duly admitted to practice law in the State of New
York hereby affirms under the penalty of perjury as follows:
I am over 18 years of age, I am not a party to the action, and I reside in Kings County in
the State of New York.
I served a true copy of the annexed RESPONSE TO DEFENDANTS RICHARD C. CUCCI and
O.K. PETROLEUM DISTRIBUTION CORP DEMAND FOR A VERIFIED BILL OF
PARTICULARS on December 30, 2019 by mailing the same in a sealed envelope, with postage
prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State
of New York, addressed to the last known address of the Attorneys for Defendants as indicated
below:
LEWIS BRISBOIS BISGAARD & SMITH LLP
77 Water Street, Suite 2100
New York, NY 10005
Dated: Brooklyn, New York
December 30, 2019
TRLADYZHENSKY
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
LETICIA ALMENDAREZ AFFIRMATION
Plaintiff, OF SERVICE
-against- Index No.: 612349/2019E
RICHARD C. CUCCI and O.K. PETROLEUM
DISTRIBUTION CORP.,
Defendants.
X
KATE LADYZHENSKY an attorney duly admitted to practice law in the State of New
York hereby affirms under the penalty of peijury as follows:
I am over 18 years of age, I am not a party to the action, and I reside in Kings County in
the State of New York.
I served a true copy of the annexed FIRST SUPPLEMENTAL BILL OF PARTICULARS on
March 24, 2020 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post
office or official depository of the U.S. Postal Service within the State of New York, addre
Preview
FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 EXHIBIT C FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________--______________---------------------------------------------X LETICIA ALMENDAREZ, Index No.: 612349/2019E Plaintiff, VERIFIED BILL OF -against- PARTICULARS RICHARD C. CUCCI and 0.K. PETROLEUM DISTRIBUTION CORP., Defendants. ------ -------------------------- ----- -----X Plaintiff, LETICIA ALMENDAREZ, by and through her attorneys LADYZHENSKY LAW FIRM, P.C., hereby responds, upon information and belief, to the defendants RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., demand for a bill of particulars as follows: 1. Plaintiff's name is LETICIA ALMENDAREZ. Plaintiff resides at 15 Jackson Court, Apt. B, Hempstead, NY 11550. Her Social Security number and date of birth will be provided at her examination before trial. 2-3. The incident occurred on September 25, 2018 at approximately 08:06 A.M. 4. The accident occurred on Henry Street at or near its intersection with Jerusalem Avenue, Hempstead, NY. defendant(s)' 5-6. The defendants(s) and/or said agents, servants, employees and/or licensees were jointly and severely negligent in the ownership, leacing, management, maintenance and control of their motor vehicles; in operating same without due regard to the rights and safety of the plaintiff(s); in unlawfully and negligently backing the vehicle without ascertaining whether it was safe to do so; in unlawfúlly backing the vehicle against the direction of traffic on a roadway/highway; in their said motor vehicles in a manner which unreasonably operating FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 endangered the plaintiff(s); in failing to properly signal before changing lanes; in failing to safely change lanes; in failing to properly, steer, guide, manage and control their said vehicles; in operating same at a rate of speed greater than was reasonable and proper at the time and place of the in to m=ª=+c4* a proper distance between vehicles ahead on the occurrence; failing roadway/highway; in failing to apply the brakes or slow down or stop in such a ma=er as would have prevented the occurrence; in failing to have made adequate and timely observation of and response to conditions then and there prevailing; in failing to observe traffic signs and signals at the time and place of the occurrence; in failing to keep a proper look out when controlling their said vehicle(s); in failing to properly maintain their said vehicles according to law; in failing to . give adeqüãte and timely signal, notice or warñiñg; in operating the motor vehicle in an impaired condition; in failing to sound the horn or otherwise warn the plaintiff(s) of impending danger; in failing to have adequate and timely signal, notice or warning; in operating the said motor vehicle without due regard for the rights and safety of other persons and especially for the plaintiff(s) herein; in failing to stop, steer or otherwise avoid the subject occurreñce; in failing to otherwise apply the brakes or stop in such a manner so as to avoid the occussonsce; in failing to have made adequate and timely observations of roadway conditions; in failing to look; in failing to see that what should have been seen; in failing to observe signals and the signals prevailing at the time and place of occurrence; in failing to keep an adequate, proper and safe distance from other vehicles; in failing to keep said motor vehicle in proper and adequate operating condition; in failing to inspect said vehicle for defects and deficiencies; in failing to provide said vehicle with adequate and efficient brakes and/or steering mechanism and/or signaling devices, and/or tires and/or transmission system; in failing to observe the rules of the road and in violating all applicable laws, statutes, rules, regulations and ordiaâñces then and therein effective on the date and time of FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 occurrence. 7-9. Not applicable. 10. As a result of the occurrence, plaintiff LETICIA ALMENDAREZ sustained the following personal injuries, all of which are alleged to be of a permanent nature: RIGHT SHOULDER POST OPERATIVE DIAGNOSIS: -RIGHT SHOULDER SLAP TEAR -ANTERIOR LABRAL TEAR -PARTIAL LABRAL TEAR -PARTIAL ROTATOR CUFF TEAR -SYNOVITIS -BURSITIS -SUBSCAPULARIS TEAR -SUBACROMIAL ADHESIONS -IMPINGEMENT SYNDROME OPERATIVE PROCEDURES PERFORMED ON JULY 22, 2019 -RIGHT SHOULDER ARTHROSCOPY, SLAP LABRAL REPAIR -EXTENSIVE DEBRIDEMENT INCLUDING ROTATOR CUFF, SUBSCAPULARIS, SUPRASPINATUS, POSTERIOR LABRUM, ANTERIOR LABRUM -SYNOVECTOMY -SUBACROMIAL BURSECTOMY -LYSIS OF ADHESIONS MRI OF THE RIGHT SHOULDER ON FEBRUARY 7, 2019 CONFIRMED: -JOINT EFFUSION TRIGGER POINT INJECTION TO SUPRASPINATUS, INFRASPINATUS, RHOMBOIDS ON JANUARY 7, 2019, FEBRUARY 18, 2019 AND APRIL 15, 2019 RIGHT SHOULDER INJECTION ON APRIL 1, 2019 LOSS OF RANGE OF MOTION TO THE RIGHT SHOULDER CERVICAL SPINE MRI OF THE CERVICAL SPINE ON 11/09/2018 CONFIRMED: - DISC HERNIATION AT C5-C6 - DISC HERNIATION AT C6-C7 - DISC BULGES ENCROACHING ON THE NERVE ROOTS AT C3 THROUGH C7 . FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 CERVICAL FACET JOINT INJECTION TO RIGHT C4-C5, C5-C6 AND C6-C7 ON MAY 27, 2019 EMG/NCV TEST ON JANUARY 21, 2019 CONFIRMED: -RIGHT C5-C6 RADICULOPATHY LOSS OF RANGE OF MOTION TO THE CERVICAL SPINE LUMBAR SPINE MRI OF THE LUMBAR SPINE ON JANUARY 12, 2019 CONFIRMED: - DISC BULGE AT L4-L5 - DISC BULGE AT L5-S1 EMG/NCV TEST ON JANUARY 21, 2019 CONFIRMED: -LEFT L5-SI RADICULOPATHY LOSS OF RANGE OF MOTION TO THE LUMBAR SPINE LEFT SHOULDER LEFT SHOULDER PAIN LOSS OF RANGE OF MOTION TO THE LEFT SHOULDER Upon information and belief, all of the above aforementioned injuries are permanent and conneleg in nature, except for objective signs of contusions and abrasions, resulting in among other things permanent deficit in the range of motion of the affected areas. The plaintiff will require future surgery. The aforesaid injuries have directly and indirectly adversely affected the nerves, tissues, blood vessels, blood supply, muscles, ligaments, cartilages, tendons, bones and soft parts in and about the sites of the above-described areas of injury including the central nervous system, muscular system and skeletal system. Plaintiff has required and upon information and belief will require for an indefinite period of further duration continuous medical care, hospitalizations, medications and various modalities of therapy. Plaintiff, as a result ofher injuries is placed at a greater risk of sustaining further injuries FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 to her right shoulder, left shoulder, cervical spine and lumbar spine and must go for extensive care including but not limited to physical therapy. Plaintiff suffered and suffers from associated and concerita_nt impairments and negative effects upon plaintiff's pre-accident enjoymeñt of life, day to day existence, activities, functions, and involvements, diminutions and/or effect of functions, activities, avocation and some other activities in which plaintiff engaged prior to the underlying accident; plaintiff suffers inability to resume some pre-accident modus vivendi and inability to resume all pre-accident social relations, contacts and participation as well as suffering associated pains, disabilities, discomforts, impairments, impediments, limitations of functions and activities; the injuries, manifestations and seqüêlae are permanant and chronic additionally, with years there will be ñâturally and advañcing medically related complications and exacerbations. There are psychological and somatic overlay with resultant disability. If any of the injuries are determined to be exacerbations of pre-existing injuries, such injuries were asymptomatic and acquiescent prior to this accident. The aforesaid have and will continue in the future to affect facets of Plaintiffs pre- many accident lifestyle with resultant damages. Plaintiff, to her detriment will continue to sustain permanent loss and impairment of her physical and mental health. The Plaintiff reserves the right to prove any and all further conseqüéñces and any and all further medical expenses up to and at the time of trial. The Plaintiff reserves the right to claim future surgeries, if any, as a result of this accident, up to and at the time of trial. 11. Plaintiff was confined to North Queens Surgical Center, located at 45-64 Francis Lewis Boulevard, Bayside, New York 11361 on July 22, 2019. FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 12. The plaintiff was confined to bed and home inter-incraly following the accident to date and for approximately 2 months following the operative procedure on July 22, 2019. 13. Not applicable. Plaintiff was not a student at the time of the occurrence. 14. Plaintiffhas not incurred any special damages to date as her medical bills have been paid by her no-fault carrier, National Liability & Fire Insurance Company, P.O. Box 9028, Bethpage, NY 11714, Claim No.: 9SNLV09022. However, plaintiff reserves her right to claim any special darsages up to and including the time of trial. 15. Not applicable. 16. The Court will take judicial notice of all statutes and laws violated by the defendant at the time of trial. In any event it is submitted that defendant violated New York State Vehicle and Traffic Laws sections 375; 388; 1101; 1102; 1110; 1111; 1111-A; 1111-B; 1113; 1115; 1116; 11 17; 1120; 1121; 1122; 1123; 1124; 1125; 1126; 1127; 1128; 1129; 1130; 1131; 1140; 1141; 1142; 1143; 1144; 1145; 1146; 1151; 1151-A; 1160; 1161; 1162; 1163; 1164; 1165; 1166; 1170; 1172- 1181; 1190; 1192; 1171; 1172;1172-a; b; 1173; 1174; 1175; 1176; 1180; 1180-a; 1182; 1192-A; 1200; 1201; 1202; 1203; 1203-b; 1210; 1211; 1212; 1213; 1214; 1215; 1216; 1217; 1218; 1219; 1220; 1220-a; 1221; 1222; 1223; 1225; 1225-a; 1226; 1227; 1228; 1229; 1229-a; 1229-c; and Traffic Regulations of the of New York sections 4- 1250; 1251; 1252; City 4-03; 4-04; 4-05; 06; 4-07; 4-08; 4-09 and 4-12. 17-18. Not applicable. 19.-20 See paragraph 14. 21. The Plaintiff(s) sustained a serious injury as defined in Section 5102(d) of the Insurance Law of the State of New York which has resulted in a significant disfigurement, permanent loss of use of a body organ, member, function or system; a permanent consequential FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 limitation of use of a body organ or member; a significant limitation of use of a body function or system; and medically determined injury or impairment of a non-permanent nature which prcycñted them from performing substantially all of the material acts which constituted his/her usual and customary daily activities for not less than 90 days during the 180 days immedickly following the occurrence complained of. Additionally, as defined in Section 5102(a) the Plaintiff anticipates sustaiñiñg economic loss in excess of basic economic loss in that the Plaintiff(s) has, or will in the future, incur medical, hospital and other necessary expenses that have or will exceed FIFTY THOUSAND ($50,000.00). 22-25. Plaintiff objects to this demand as it is improper for a bill of particulars and outside the scope of CPLR § 3043. PLEASE TAKE NOTICE, Plaintiff reserves her right to amend and/or supplement the responses made herein. Dated: Brooklyn, New York December 30, 2019 Kate L sky LAD ZHEN Y LAW FIRM, P.C. Attorneys for Plaintiff 26 Court Street, Suite 714 Brooklyn, New York 11242 (718) 676-5866 TO: LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP. 77 Water Street, Suite 2100 New York, NY 10005 (212) 232-1300 FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 ATTORNEY'S VERIFICATION KATE LADYZHENSKY, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am the principal of LADYZHENSKY LAW FIRM, P.C., attorneys of record for Plaintiff(s), LETICIA ALMENDAREZ. I have read the annexed RESPONSE TO DEFENDANT'S DEMAND FOR A VERIFIED BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon infonuation and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. I make the foregoing affirmation because Plaintiff(s) is/are not presently in the county wherein I maintain my offices. DATED: Brooklyn, New York December 30, 2019 TE LADYZHENSKY FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU _________ _______________---- ---- X LETICIA ALMENDAREZ AFFIRMATION Plaintiff, OF SERVICE -against- Index No.: 612349/2019E RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., Defendants. --------------------------------------------------------------------X KATE LADYZHENSKY an attorney duly admitted to practice law in the State of New York hereby affirms under the penalty of perjury as follows: I am over 18 years of age, I am not a party to the action, and I reside in Kings County in the State of New York. I served a true copy of the annexed RESPONSE TO DEFENDANTS RICHARD C. CUCCI and 0.K. PETROLEUM DISTRIBUTION CORP DEMAND FOR A VERIFIED BILL OF PARTICULARS on December 30, 2019 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the Attorneys for Defendants as indicated below: LEWIS BRISBOIS BISGAARD & SMITH LLP 77 Water Street. Suite 2100 New York, NY 10005 Dated: Brooklyn, New York December 30, 2019 E YZHENSKY FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 Index No.: 612349/2019E SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU LETICIA ALMENDAREZ Plaintiff, -against- RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., Defendants. RESPONSE TO DEFENDANTS RICHARD C. CUCCI and 0.K. PETROLEUM DISTRIBUTION CORP'S DEMAND FOR A VERIFIED BILL OF PARTICULARS LADYZHENSKY LAW FIRM, P.C. Attorneys for Plaintsff(s) 26 Court Street, Suite 714 Brooklyn, New York 11242 (718) 676-5866 FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X LETICIA ALMENDAREZ, Index No.: 612349/2019E Plaintiff, FIRST SUPPLEMENTAL -against- BILL OF PARTICULARS RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., Defendants. X Plaintiff, LETICIA ALMENDAREZ, by and through her attorneys LADYZHENSKY LAW FIRM, P.C., hereby provides a supplemental response, upon information and belief, to defendant RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP.'s demand for a bill of particulars as follows: 1. Lost Wages: On the date of the occurrence, Plaintiff was employed full time by the Meatball Place, located at 206 Main Street, Farmingdale, NY 1 1735. Plaintiff was earning approximately $580.00 per week and is claiming approximately $1 1,633.14 in past lost wages. Plaintiff was intermittently disabled from employment from September 25, 2018 until July 22, 2019. Plaintiff was totally disabled from employment following her right shoulder arthroscopy on July 22, 2019 until approximately September 24, 2019. Thereafter, Plaintiff began working in a part-time capacity, which she continues to present. Plaintiff anticipates retaining an appropriate and qualified expert(s) to quantify her past and anticipated future lost earnings. At the time of retaining said expert(s) this response will be further supplemented. Plaintiff reserves her right to further supplement her claim for past and anticipated future special damages, including but not limited to lost wages and perquisites and future medical FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 expenses to be incurred. Plaintiff reserves her right to have such anticipated future special damages to be determined by appropriate and qualified experts upon them being retained. PLEASE TAKE NOTICE, Plaintiff reserves her right to amend and/or supplement the responses made herein. Dated: Brooklyn, New York March 24, 2020 Katp Ladyzhensky LADYZHENSKY LAW FIRM, P.C. Attorneys for Plaintiff LETICIA ALMENDAREZ 26 Court Street, Suite 714 Brooklyn, New York 1 1242 (718) 676-5866 TO: LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendant RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP. 77 Water Street, Suite 2100 New York, NY 10005 (212) 232-1300 FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 ATTORNEY'S VERIFICATION KATE LADYZHENSKY, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of pequry: I am the principal of LADYZHENSKY LAW FIRM, P.C., attorneys of record for Plaintiff(s), LETICIA ALMENDAREZ. I have read the annexed FIRST SUPPLEMENTAL BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. I make the foregoing affirmation because Plaintiff(s) is/are not presently in the county wherein I maintain my offices. DATED: Brooklyn, New York March 24, 2020 TE LADYZHENSKY FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X LETICIA ALMENDAREZ AFFIRMATION Plaintiff, OF SERVICE -against- Index No.: 612349/2019E RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., Defendants. X KATE LADYZHENSKY an attorney duly admitted to practice law in the State of New York hereby affirms under the penalty of perjury as follows: I am over 18 years of age, I am not a party to the action, and I reside in Kings County in the State of New York. I served a true copy of the annexed RESPONSE TO DEFENDANTS RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP DEMAND FOR A VERIFIED BILL OF PARTICULARS on December 30, 2019 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of the Attorneys for Defendants as indicated below: LEWIS BRISBOIS BISGAARD & SMITH LLP 77 Water Street, Suite 2100 New York, NY 10005 Dated: Brooklyn, New York December 30, 2019 TRLADYZHENSKY FILED: NASSAU COUNTY CLERK 05/21/2021 11:54 AM INDEX NO. 612349/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 05/21/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X LETICIA ALMENDAREZ AFFIRMATION Plaintiff, OF SERVICE -against- Index No.: 612349/2019E RICHARD C. CUCCI and O.K. PETROLEUM DISTRIBUTION CORP., Defendants. X KATE LADYZHENSKY an attorney duly admitted to practice law in the State of New York hereby affirms under the penalty of peijury as follows: I am over 18 years of age, I am not a party to the action, and I reside in Kings County in the State of New York. I served a true copy of the annexed FIRST SUPPLEMENTAL BILL OF PARTICULARS on March 24, 2020 by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addre