Preview
FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
HUSSEIN BADR,
Index No. 515722/2023
Plaintiff,
-against- DEFENDANTS JEAN
BOULOUTE, ADT LLC, AND
JEAN BOULOUTE, ADT SECURITY SERVICES INC., GELCO FLEET TRUST’S
and GELCO FLEET TRUST, DEMAND FOR A VERIFIED BILL
OF PARTICULARS DIRECTED
Defendants. TO PLAINTIFF
PLEASE TAKE NOTICE that pursuant to CPLR 3042, Defendants JEAN BOULOUTE,
ADT LLC (incorrectly named as ADT SECURITY SERIVCES INC.), and GELCO FLEET
TRUST hereby demand that you serve upon her attorneys within thirty (30) days after the date of
service hereof, a verified bill of particulars of the claims of Plaintiff HUSSEIN BADR, specifying
and stating the following:
1. The date of birth for Plaintiff.
2. The social security number for Plaintiff.
3. The current home address for Plaintiff.
4. The home address for Plaintiff at the time of the occurrence.
5. State whether Plaintiff has been known by any other names. If so, set forth the
names.
6. A statement specifying as nearly as possible the exact date, time, and place where
the incident referred to in the Complaint occurred with particular reference to stationary objects
that could be employed to locate the exact point of the incident.
7. State the weather conditions at the time of the alleged occurrence.
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FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023
8. State the license plate numbers and provide a description of the vehicles involved
in said occurrence.
9. State whether each Plaintiff was a pedestrian, passenger or operator of a motor
vehicle at the time of the alleged incident.
10. State the direction in which the vehicles were or had been moving prior to or at the
moment of impact.
11. State the name of the street, avenue or road each vehicle was traveling on prior to
impact.
12. State what traffic controls, if any, the Plaintiff will claim existed at the site of the
occurrence.
13. State the names of the drivers of the vehicles involved in the subject incident.
14. State the speeds of the vehicles involved in the subject incident.
15. State what part of the Defendant’s vehicle and Plaintiff’s vehicle were in contact.
16. State whether each Plaintiff was utilizing safety restraints and if so, describe the
type of restraint used.
17. State whether the drivers had criminal charges brought against them as a result of
this incident. If so, state the charges against the drivers.
18. A specific statement of the acts and/or omissions of the Defendants constituting the
negligence claimed and how such negligence caused this occurrence.
19. A specific statement of the acts or omissions constituting the negligence or other
culpable conduct claimed on the part of these Defendants.
20. A statement specifying the statutes of the State of New York and, in addition, any
ordinances, rules, or regulations, if applicable, stating the sections or paragraphs thereof, that is
claimed were violated by these Defendants.
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FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023
21. With regard to any claims for personal injuries, please provide a separate statement
for Plaintiff specifying in detail:
a. A full description of Plaintiff’s injuries.
b. Which of the injuries are claimed to still exist.
c. Which of the injuries claimed will be permanent.
d. If any hospital confinement or treatment was required, the names and
addresses of the hospitals and the dates of all confinement endured as to
each.
e. If the allegedly-injured Plaintiff was confined to bed or home, the dates of
the confinement ensued.
f. If Plaintiff was totally disabled as a result of this occurrence, state the length
of time and the specific dates of disability.
g. If Plaintiff was partially disabled as a result of this occurrence, state the
length of time and the specific dates of disability.
22. The number of visits to or treatments by any physicians and the names of each
attending physician and the number of times treated by each physician, setting forth the date of
each treatment.
23. State whether Plaintiff is suffering from any physical disabilities or any other
disability, physical and otherwise, at the time of the accident and, if so, describe same in detail.
24. State whether Plaintiff is claiming an aggravation of any pre-existing injury, illness
or condition. If so, state the following:
a. The exact nature of the pre-existing injury, illness, or condition, and the
specific parts of the body involved.
b. The extent of the aggravation alleged to have been caused by this accident.
c. If the pre-existing injury, illness, or condition was sustained in an accident,
state the time, date, and location of the accident.
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023
d. State whether Plaintiff received any treatment for the alleged pre-existing
injuries, illnesses, or conditions within the five (5) years preceding the
accident at issue in this litigation.
25. The names and addresses of every physician or medical provider who provided
care, treatment, consultation, tests, or examinations with regard to the injuries allegedly sustained
by each Plaintiff. Provide dates for all such services rendered.
26. If medical expenses are claimed by or on behalf of the injured Plaintiff, a statement
for each Plaintiff specifying in detail the total amounts claimed to date, or to be claimed in the
future, for:
a. Services of each physician.
b. Medical supplies.
c. X-rays.
d. Hospital expenses.
e. Nurses’ services.
f. Attendance other than nursing, setting forth the nature and extent of the
attendance.
g. All other expenses.
27. If Plaintiff claims loss of earnings or wages, a statement for Plaintiff specifying in
detail:
a. The name and address of the employer.
b. The nature of the occupation.
c. Average weekly earnings for a one-year period immediately preceding the
accident alleged in the Complaint.
d. The dates of incapacity from working at the employment as a result of the
injuries.
e. The amount that will be claimed as special damages for loss of earnings.
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28. If Plaintiff was self-employed, state the address of their place of employment, the
nature of the business or occupation and annual earnings for each of the five (5) years preceding
the occurrence.
29. Set forth a statement of the amount of money that Plaintiff will claim that they have
been compelled to expend as a result of the accident that have not been set forth in the responses
to the preceding demands.
30. If Plaintiff claims they were unable to attend school as a result of the injuries
alleged, specify:
a. The name of such school.
b. The grade attended.
c. The course of study being pursued.
d. The specific dates they were unable to attend school as a result of the
injuries alleged.
31. Specify the amount of support, if any, that Plaintiff was contributing to any other
person or persons prior to the accident, further specifying whether the support was in the form of
money, services, or other.
32. A statement as to any other items of special damages to be claimed by each Plaintiff
in this action.
33. State in what respect it is claimed Plaintiff has sustained a “serious injury,” as
defined in Insurance Law Section 5102(d).
34. State if it is claimed that Plaintiff has sustained economic loss greater than basic
economic loss as defined in Insurance Law section 5102(a) and, if so, how it is so claimed.
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35. State whether Plaintiff has made a claim or claims against any other party,
individual, and/or entity arising out of the facts and circumstances giving rise to this action,
specifying the following:
a. The name or names of the parties against whom additional claims have been
made.
b. Whether those claims have been placed into suit, and if so, state the title of
action, the venue of the action, and the index number of the action.
c. State whether such a claim or action has been settled or otherwise resolved
and, if so, state the amount of the settlement and the parties with whom such
settlement was entered into; if otherwise resolved, set forth a statement of
the manner in which it was resolved.
36. Set forth an itemized statement of each and every other item of loss not heretofore
mentioned of which Plaintiff will seek to charge these Defendants upon trial of this action, together
with the amount of damages claimed for each item.
37. Identify all social media for which you have had an account or to which Plaintiff
posted information in the two (2) years prior to the incident, up to and including the present,
including but not limited to:
a. Facebook;
b. Twitter;
c. Google Plus;
d. Instagram;
e. LinkedIn;
f. Pinterest; and/or
g. YouTube, etc.
38. For each social media account, profile, or site identified in response to Interrogatory
No. 37 above, state the date your profile was created and closed, if applicable; and any and all user
names, aliases, and/or email addresses employed for such purposes.
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FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023
Dated: New York, NY
June 20, 2023 Respectfully submitted,
Abraham D. Leybengrub, Esq.
GOLDBERG SEGALLA LLP
711 3rd Avenue, Suite 1900
New York, NY 10017-4013
Telephone: (646) 292-8785
aleybengrub@goldbergsegalla.com
Attorneys for Defendants,
JEAN BOULOUTE, ADT LLC (incorrectly named
as ADT SECURITY SERIVCES INC.), and
GELCO FLEET TRUST
TO: Nicholas Elefterakis, Esq.
ELEFTERAKIS, ELEFTERAKIS & PANEK
80 Pine Street, 38th Floor
New York, New York 10005
T: (212) 532-1116
Attorneys for Plaintiff,
HUSSEIN BADR
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FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
HUSSEIN BADR,
Index No. 515722/2023
Plaintiff,
-against-
JEAN BOULOUTE, ADT SECURITY SERVICES INC.,
and GELCO FLEET TRUST,
Defendants.
DEFENDANTS JEAN BOULOUTE, ADT LLC, AND GELCO FLEET TRUST’S DEMAND
FOR A VERIFIED BILL OF PARTICULARS DIRECTED TO PLAINTIFF
GOLDBERG SEGALLA, LLP
Attorneys for Defendant
JEAN BOULOUTE, ADT LLC (incorrectly named as ADT SECURITY SERIVCES INC.), and
GELCO FLEET TRUST
711 Third Avenue, Suite 1900
New York, New York 10017
Tel: 646-292-8700
______________________________________________________________________________
TO:
Nicholas Elefterakis, Esq.
ELEFTERAKIS, ELEFTERAKIS &
Attorneys for Plaintiff
HUSSEIN BADR
80 Pine Street, 38th Floor
New York, New York 10005
T: (212) 532-1116
__________________________________________________________________________
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Preview
FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS HUSSEIN BADR, Index No. 515722/2023 Plaintiff, -against- DEFENDANTS JEAN BOULOUTE, ADT LLC, AND JEAN BOULOUTE, ADT SECURITY SERVICES INC., GELCO FLEET TRUST’S and GELCO FLEET TRUST, DEMAND FOR A VERIFIED BILL OF PARTICULARS DIRECTED Defendants. TO PLAINTIFF PLEASE TAKE NOTICE that pursuant to CPLR 3042, Defendants JEAN BOULOUTE, ADT LLC (incorrectly named as ADT SECURITY SERIVCES INC.), and GELCO FLEET TRUST hereby demand that you serve upon her attorneys within thirty (30) days after the date of service hereof, a verified bill of particulars of the claims of Plaintiff HUSSEIN BADR, specifying and stating the following: 1. The date of birth for Plaintiff. 2. The social security number for Plaintiff. 3. The current home address for Plaintiff. 4. The home address for Plaintiff at the time of the occurrence. 5. State whether Plaintiff has been known by any other names. If so, set forth the names. 6. A statement specifying as nearly as possible the exact date, time, and place where the incident referred to in the Complaint occurred with particular reference to stationary objects that could be employed to locate the exact point of the incident. 7. State the weather conditions at the time of the alleged occurrence. 1 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 8. State the license plate numbers and provide a description of the vehicles involved in said occurrence. 9. State whether each Plaintiff was a pedestrian, passenger or operator of a motor vehicle at the time of the alleged incident. 10. State the direction in which the vehicles were or had been moving prior to or at the moment of impact. 11. State the name of the street, avenue or road each vehicle was traveling on prior to impact. 12. State what traffic controls, if any, the Plaintiff will claim existed at the site of the occurrence. 13. State the names of the drivers of the vehicles involved in the subject incident. 14. State the speeds of the vehicles involved in the subject incident. 15. State what part of the Defendant’s vehicle and Plaintiff’s vehicle were in contact. 16. State whether each Plaintiff was utilizing safety restraints and if so, describe the type of restraint used. 17. State whether the drivers had criminal charges brought against them as a result of this incident. If so, state the charges against the drivers. 18. A specific statement of the acts and/or omissions of the Defendants constituting the negligence claimed and how such negligence caused this occurrence. 19. A specific statement of the acts or omissions constituting the negligence or other culpable conduct claimed on the part of these Defendants. 20. A statement specifying the statutes of the State of New York and, in addition, any ordinances, rules, or regulations, if applicable, stating the sections or paragraphs thereof, that is claimed were violated by these Defendants. 2 2 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 21. With regard to any claims for personal injuries, please provide a separate statement for Plaintiff specifying in detail: a. A full description of Plaintiff’s injuries. b. Which of the injuries are claimed to still exist. c. Which of the injuries claimed will be permanent. d. If any hospital confinement or treatment was required, the names and addresses of the hospitals and the dates of all confinement endured as to each. e. If the allegedly-injured Plaintiff was confined to bed or home, the dates of the confinement ensued. f. If Plaintiff was totally disabled as a result of this occurrence, state the length of time and the specific dates of disability. g. If Plaintiff was partially disabled as a result of this occurrence, state the length of time and the specific dates of disability. 22. The number of visits to or treatments by any physicians and the names of each attending physician and the number of times treated by each physician, setting forth the date of each treatment. 23. State whether Plaintiff is suffering from any physical disabilities or any other disability, physical and otherwise, at the time of the accident and, if so, describe same in detail. 24. State whether Plaintiff is claiming an aggravation of any pre-existing injury, illness or condition. If so, state the following: a. The exact nature of the pre-existing injury, illness, or condition, and the specific parts of the body involved. b. The extent of the aggravation alleged to have been caused by this accident. c. If the pre-existing injury, illness, or condition was sustained in an accident, state the time, date, and location of the accident. 3 3 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 d. State whether Plaintiff received any treatment for the alleged pre-existing injuries, illnesses, or conditions within the five (5) years preceding the accident at issue in this litigation. 25. The names and addresses of every physician or medical provider who provided care, treatment, consultation, tests, or examinations with regard to the injuries allegedly sustained by each Plaintiff. Provide dates for all such services rendered. 26. If medical expenses are claimed by or on behalf of the injured Plaintiff, a statement for each Plaintiff specifying in detail the total amounts claimed to date, or to be claimed in the future, for: a. Services of each physician. b. Medical supplies. c. X-rays. d. Hospital expenses. e. Nurses’ services. f. Attendance other than nursing, setting forth the nature and extent of the attendance. g. All other expenses. 27. If Plaintiff claims loss of earnings or wages, a statement for Plaintiff specifying in detail: a. The name and address of the employer. b. The nature of the occupation. c. Average weekly earnings for a one-year period immediately preceding the accident alleged in the Complaint. d. The dates of incapacity from working at the employment as a result of the injuries. e. The amount that will be claimed as special damages for loss of earnings. 4 4 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 28. If Plaintiff was self-employed, state the address of their place of employment, the nature of the business or occupation and annual earnings for each of the five (5) years preceding the occurrence. 29. Set forth a statement of the amount of money that Plaintiff will claim that they have been compelled to expend as a result of the accident that have not been set forth in the responses to the preceding demands. 30. If Plaintiff claims they were unable to attend school as a result of the injuries alleged, specify: a. The name of such school. b. The grade attended. c. The course of study being pursued. d. The specific dates they were unable to attend school as a result of the injuries alleged. 31. Specify the amount of support, if any, that Plaintiff was contributing to any other person or persons prior to the accident, further specifying whether the support was in the form of money, services, or other. 32. A statement as to any other items of special damages to be claimed by each Plaintiff in this action. 33. State in what respect it is claimed Plaintiff has sustained a “serious injury,” as defined in Insurance Law Section 5102(d). 34. State if it is claimed that Plaintiff has sustained economic loss greater than basic economic loss as defined in Insurance Law section 5102(a) and, if so, how it is so claimed. 5 5 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 35. State whether Plaintiff has made a claim or claims against any other party, individual, and/or entity arising out of the facts and circumstances giving rise to this action, specifying the following: a. The name or names of the parties against whom additional claims have been made. b. Whether those claims have been placed into suit, and if so, state the title of action, the venue of the action, and the index number of the action. c. State whether such a claim or action has been settled or otherwise resolved and, if so, state the amount of the settlement and the parties with whom such settlement was entered into; if otherwise resolved, set forth a statement of the manner in which it was resolved. 36. Set forth an itemized statement of each and every other item of loss not heretofore mentioned of which Plaintiff will seek to charge these Defendants upon trial of this action, together with the amount of damages claimed for each item. 37. Identify all social media for which you have had an account or to which Plaintiff posted information in the two (2) years prior to the incident, up to and including the present, including but not limited to: a. Facebook; b. Twitter; c. Google Plus; d. Instagram; e. LinkedIn; f. Pinterest; and/or g. YouTube, etc. 38. For each social media account, profile, or site identified in response to Interrogatory No. 37 above, state the date your profile was created and closed, if applicable; and any and all user names, aliases, and/or email addresses employed for such purposes. 6 6 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 Dated: New York, NY June 20, 2023 Respectfully submitted, Abraham D. Leybengrub, Esq. GOLDBERG SEGALLA LLP 711 3rd Avenue, Suite 1900 New York, NY 10017-4013 Telephone: (646) 292-8785 aleybengrub@goldbergsegalla.com Attorneys for Defendants, JEAN BOULOUTE, ADT LLC (incorrectly named as ADT SECURITY SERIVCES INC.), and GELCO FLEET TRUST TO: Nicholas Elefterakis, Esq. ELEFTERAKIS, ELEFTERAKIS & PANEK 80 Pine Street, 38th Floor New York, New York 10005 T: (212) 532-1116 Attorneys for Plaintiff, HUSSEIN BADR 7 7 of 8 FILED: KINGS COUNTY CLERK 06/20/2023 03:10 PM INDEX NO. 515722/2023 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 06/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS HUSSEIN BADR, Index No. 515722/2023 Plaintiff, -against- JEAN BOULOUTE, ADT SECURITY SERVICES INC., and GELCO FLEET TRUST, Defendants. DEFENDANTS JEAN BOULOUTE, ADT LLC, AND GELCO FLEET TRUST’S DEMAND FOR A VERIFIED BILL OF PARTICULARS DIRECTED TO PLAINTIFF GOLDBERG SEGALLA, LLP Attorneys for Defendant JEAN BOULOUTE, ADT LLC (incorrectly named as ADT SECURITY SERIVCES INC.), and GELCO FLEET TRUST 711 Third Avenue, Suite 1900 New York, New York 10017 Tel: 646-292-8700 ______________________________________________________________________________ TO: Nicholas Elefterakis, Esq. ELEFTERAKIS, ELEFTERAKIS & Attorneys for Plaintiff HUSSEIN BADR 80 Pine Street, 38th Floor New York, New York 10005 T: (212) 532-1116 __________________________________________________________________________ 8 8 of 8