No Value: Jose Romero v. Lawrence Exterior Restoration Corp., The Trustees Of Columbia University In The City Of New York

On April 12, 2023 a No Value was filed involving a dispute between Jose Romero, and Lawrence Exterior Restoration Corp., The Trustees Of Columbia University In The City Of New York, for Torts - Other Negligence (Construction Accident) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 07/13/2023 03:22 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2023

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
JOSE ROMERO, Index No.: 153338/2023

Plaintiff,
DEMAND FOR A
- against - VERIFIED BILL OF
PARTICULARS

LAWRENCE EXTERIOR RESTORATION CORP. AND THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY
OF NEW YORK,

Defendants.
---------------------------------------------------------------------------X
TO: PLAINTIFF

PLEASE TAKE NOTICE, that pursuant to Rules 3041 and 3044 of the Civil Practice Law and

Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within

thirty (30) days after receipt of this demand, setting forth the following:

1. State each Plaintiff’s dates of birth.

2. State each Plaintiff’s Social Security number.

3. State the address(es) of Plaintiff’s present residence(s).

a. State the address(es) of Plaintiff’s residence(s) at the time of the occurrence.

4. State if Plaintiff has been known by any other names and, if so, set forth the

names.

5. The date and approximate time of day of each occurrence referred to in the

plaintiff’s complaint.

6. The precise location of the happening of each of the occurrences referred to in the

plaintiff’s complaint [If occurring outside of a building, the exact

dimensions/measurements from the "building line" of the premises].

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7. A general statement of the acts or omissions constituting the negligence claimed

against the answering Defendant for each occurrence complained of in the subject

complaint.

8. A statement of alleged injuries and a description of those claimed to be

permanent, suffered by the plaintiff as the result of each of the occurrences

complained of in the subject complaint.

9. The nature and extent of any services allegedly lost or any other damages

sustained by each plaintiff as a result of the Defendants’ alleged negligence.

10. The length of time confined to a hospital or other health care facility with name of

such hospital or health care facility and the dates of admission and discharge as

the result of and/or following each of the occurrences complained of in the subject

complaint.

11. The length of time under the care of physicians with the names and addresses of

said physicians and the dates of treatment for any injuries claimed in the subject

accidents and/or aggravated and/or exacerbated as the result of said occurrences.

12. The length of time confined to bed and house, with dates of confinement

following and/or as the result of each of the occurrences complained of herein.

13. The occupation of the plaintiff at the time of the alleged incident and plaintiffs

respective average daily, weekly or monthly earnings.

14. The name and address of plaintiff’s employer at the time of each incident and the

length of time incapacitated from such employment following/as the result of

each occurrence complained of herein.

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15. If applicable, the name and address of the plaintiff’s union at the time of the

subject occurrences.

16. The length of time plaintiff claims to have been totally disabled as the result of

each occurrence complained of herein; the length of time plaintiff claims to have

been partially disabled following/as the result of each occurrence complained of

herein.

17. The amounts claimed as special damages for:

a. Physicians services

b. Medical supplies

c. Loss of earnings

d. X-rays special damages

e. Hospital expenses

f. Nurses services

g. All other items of special damages

18. Set forth by Chapter, Article, Section and Paragraph each and every statute, law,

rule, code, regulation, ordinance or industry standard, if any, which it is claimed

that the answering Defendant violated which caused and/or contributed to the

happening of the plaintiff’s accident.

19. In specific detail please state in what respect the answering Defendant is alleged

to have contributed to and/or caused plaintiff’s damages and/or injuries.

20. State whether it will be claimed that the limitations on liability set forth in Article

16 of the C.P.L.R. do not apply to this action.

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21. If the answer to item "18" above is in the affirmative, set forth the exemption or

exemptions enumerated in Section 1602 of the C.P.L.R. upon which plaintiff will

rely to establish that the limitations on liability provided for in Section 1601 of the

C.P.L.R. do not apply.

22. State the names, addresses and professions of all persons that the plaintiff

consulted with - either for advice or direction or for any type of assistance for any

physical, psychological and/or emotional problem allegedly suffered by the

plaintiff following, and/or flowing from, any of the incidents in question and/or

aggravated/exacerbated as the result thereof.

23. State whether there will be a claim that a defective or dangerous condition caused

or contributed to the happening of the subject accident/incident.

24. If answer to item "23" above is in the affirmative:

a. Describe in detail the location of any such condition claimed [providing

dimensions/measurements from any applicable building/property lines];

b. For each such condition claimed describe in detail the nature of each defect or

danger.

25. For each defective or dangerous condition described in response to item "24",

above, please state whether it will be claimed that the answering Defendant

actively caused or created said condition, specifying the manner in which it will

be claimed that said Defendants actively caused or created the condition.

26. State whether it will be claimed that this answering Defendant had constructive or

actual notice of the alleged defects or dangerous conditions referred to in

paragraph number “25” above.

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27. If the answer to item "26" above is in the affirmative:

a. State whether actual or constructive notice will be claimed.

b. If actual notice is claimed, then state when such notice was given, to whom it was

given and the date of said notice.

c. If constructive notice is claimed, then state how long it will be alleged that said

defect was in existence.

28. State whether there will be a claim that defective or dangerous equipment caused

or contributed to any of the accidents complained of herein.

29. If answer to item "28" above is in the affirmative:

a. Describe in detail the allegedly dangerous or defective equipment.

b. Describe in detail the nature of each defect.

30. For each allegedly defective or dangerous piece of equipment described in the

response to item "29" above, state whether it will be claimed that the answering

Defendant actively caused or created said defect, and/or provided said piece of

equipment to the plaintiff for his use, specifying the manner in which it will be

claimed that said Defendants actively caused or created the defect.

31. State whether it will be claimed that the answering Defendant had constructive or

actual notice of the alleged defective or dangerous equipment.

32. If the answer to item "31" above is in the affirmative:

a. State whether actual or constructive notice will be claimed.

b. If actual notice is claimed, then state when such notice was given, to whom it was

given and the date of said notice.

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c. If constructive notice is claimed, then state how long it will be alleged that said

equipment was defective or dangerous.

33. State whether it is claimed that the plaintiff’s accident occurred due to the

answering Defendant’s alleged failure to provide proper/adequate safety

equipment to the plaintiff.

34. If the answer to item "33" above is in the affirmative, please list/identify all safety

equipment that the plaintiff claims was not provided to him that should have been

provided to him that would have prevented and/or mitigated any injuries claimed

in the subject action.

35. To the extent that the plaintiff is claiming that any pre-existing conditions and/or

medical conditions and/or psychiatric conditions were aggravated and/or

exacerbated as the result of the subject incident, please provide the following

additional information:

a. A statement of the prior medical conditions and/or injuries and/or psychiatric

conditions that the plaintiff was allegedly suffering from at the time of the subject

occurrences;

b. The names and addresses of all medical providers that treated the plaintiff for said

prior conditions or problems;

c. The names and addresses of all hospitals and/or other medical care facilities that

rendered/provided any care or treatment to the plaintiff for said prior

conditions/problems;

d. The names and addresses of all diagnostic testing centers at which the plaintiff

underwent any type of diagnostic testing for said prior conditions/problems;

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e. The names, addresses and/or claim numbers of any insurance company that either

paid any medical costs associated with said prior conditions/problems and/or

against whom claims for personal injury were filed relative to said prior

conditions or problems; and

f. To the extent that any lawsuits were filed related to said prior

conditions/problems, please provide the captions, index numbers and venues were

said claims were filed.

36. Please specify when and to whom the subject accident were reported.

37. Please specify the steps, if any, undertaken by the plaintiff to discover the alleged

defective and/or dangerous conditions/defective equipment complained of, and/or

to avoid and/or to mitigate his injuries/damages, prior to the happening of the

subject occurrence.

38. Please state whether the answering Defendant made any representations of any

kind relative to the safety of the subject job site, and/or pertaining to any

conditions/equipment that the plaintiff claims caused and/or contributed to the

happening of the subject occurrence.

39. If demand number "38" above, is answered in the affirmative, please state the

following:

a. the sum and substance of said representation(s);

b. the identity of the person or persons that allegedly made said representation(s);

c. the dates and times when said representations were allegedly made;

d. the names and addresses of any persons with the plaintiff when said

representations were allegedly made; and

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e. if said representations were made in writing, please provide a true and complete

copy of same.

40. Please state whether the plaintiff claims that the answering Defendant were

"affirmatively" negligent in causing and/or contributing to the happening of the

subject occurrence.

41. If demand number "40" above, is answered in the affirmative, then please list,

state and/or identify all acts and/or omissions on the part of the answering

Defendant that the plaintiff claims constitutes/evidences said affirmative

negligence.

42. Please advise whether the plaintiff claims that the answering Defendant is only

statutory liable to the plaintiff herein, for the happening of the subject occurrence.

43. If demand number “42” above is answered in the affirmative, please list, state

and/or identify all statutes, laws, rules, codes, regulations, industry standards, etc.,

claimed violated by the answering Defendant.

44. If demand number "43" above, is answered in the affirmative, please state why the

plaintiff claims that said statutes, laws, rules, codes, regulations, industry

standards, etc., apply to each of the answering Defendant.

45. Please list/identify the type of work being performed by the plaintiff at the time of

his accident.

46. Please list/identify the scope of the work, and/or nature of the project, that the

plaintiff was allegedly involved in/performing at the time of the subject accident.

47. Please list/identify all tools/equipment that was being used by the plaintiff at the

time of his accident.

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48. Please state the basis upon which it is alleged and how it will be shown that the

answering Defendant had a duty to provide the plaintiff with a safe place to work

at the time of the subject occurrence.

49. In specific detail please state the basis upon which it is alleged and how it will be

shown that the answering Defendant failed to provide the plaintiff with a safe

place to work.

50. Please state the basis upon which it is alleged and how it will be shown that the

answering Defendant had a duty to keep the work site in question reasonably safe

and free of dangers and hazards to persons lawfully working thereat.

51. In specific detail please state the basis upon which it is alleged and how it will be

shown that the answering Defendant failed to keep the work site in question in a

reasonably safe condition and free from dangers and hazards to persons lawfully

working thereat.

52. Please provide the distance that the plaintiff claims he fell as the result of the

subject occurrence.

53. Please state whether the plaintiff was working on "ground-level" or at an

"elevated" height at the time of his accident.

54. In specific detail please state the basis upon which it is alleged and how it will be

shown that the answering Defendant was negligent in the ownership, operation,

management, direction, supervision, possession, control, construction, renovation,

demolition, alteration, and/or repair of the location of his accident.

55. In specific detail please state the basis upon which it is alleged and how it will be

shown that Labor Law Sections 200, 240(1) and/or 241(6) apply to the answering

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Defendant and/or to the work being performed by the plaintiff at the time of the

subject occurrence.

56. In specific detail please state the basis upon which it is alleged and how it will be

shown that the work being performed by the plaintiff at the time of his accident

falls within the purview of Sections 200, 240(1) and/or 241(6) of the Labor Law.

57. In specific detail please state the basis upon which it is alleged and how it will be

shown that the safety devices existing at the job site in question were insufficient,

inadequate and/or defective so as to provide the plaintiff with proper/adequate

safety.

58. In specific detail please state the basis upon which it is alleged and how it will be

shown that the answering Defendant violated Section 200 of the Labor Law.

59. In specific detail please state the basis upon which it is alleged and how it will be

shown that the answering Defendant violated Section 240(1) of the Labor Law.

60. In specific detail please state the basis upon which it is alleged and how it will be

shown that the answering Defendant violated Section 241(6) of the Labor Law.

61. Please list/identify the Industrial Code Regulations claimed violated by the

answering Defendant that caused and/or contributed to the happening of the

plaintiff's accident.

62. Please state the name of the plaintiff's immediate supervisor at the job site in

question.

63. Please list the names/addresses of any "partners" that the plaintiff was working

with at the time of this accident.

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64. Please state/advise whether the plaintiff was using a ladder or scaffold at the time

of his accident.

65. If demand numbered “64” above is answered in the affirmative, please list/advise:

a. the make/manufacturer/model number of the ladder or scaffold;

b. the height of the subject ladder or scaffold;

c. the type of material that the ladder or scaffold was made of;

d. the type of ladder or scaffold, i.e. A-frame; extension; pipe; baker’s, etc.,;

e. the activity or purpose that plaintiff was using said ladder or scaffold at the time

of his accident;

f. any repairs or modifications made to the ladder or scaffold prior to plaintiff’s

accident;

g. the condition of the ladder or scaffold prior to plaintiff’s accident;

h. the name of the person or company/entity who/that erected said ladder or scaffold

and

i. copies of any complaints provided by the plaintiff or any third-party regarding the

condition of the subject ladder or scaffold prior to plaintiff’s accident.

66. If demand numbered “65” above is answer in the affirmative, please advise

whether the subject ladder or scaffold “broke” either causing the subject accident

and/or as the result of same.

67. If applicable, please state/list/identify the portion/section of the ladder or scaffold

that broke causing the happening of the subject accident.

68. If applicable, please state/list/identify, the portion/section of the ladder or scaffold

that broke as the result of the subject accident.

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69. If demand numbered 68 above is answer in the affirmative, please advise who

“owned” and/or “supplied” the subject ladder or scaffold to the plaintiff.

70. If it is alleged that the answering Defendant failed to provide any/all safety

equipment to the plaintiff, and that this failure/omission caused/contributed to

plaintiff’s accident, then please list/identify said equipment.

PLEASE TAKE FURTHER NOTICE, that in the event of plaintiff’s failure to comply

with the foregoing demand within thirty (30) days, this answering Defendant will move to

preclude the offering of any evidence as to the matters herein demanded, together with the costs

of such application.

PLEASE TAKE FURTHER NOTICE, that the provisions of Rule 3042 of the Civil

Practice Law and Rules will be strictly followed.

PLEASE TAKE FURTHER NOTICE, that in the event that plaintiff fails to comply

with the foregoing demand within thirty (30) days, the Defendant will move to preclude the

offering of any evidence as to the matters herein demanded and will seek the costs of such

application.

Dated: New York, New York
July 13, 2023

SEGAL McCAMBRIDGE SINGER &
MAHONEY, LTD.

By:_/s/ Antigone Tzakis ____________
Antigone Tzakis, Esq.
Attorneys for Defendant
LAWRENCE EXTERIOR RESTORATION
CORP.
777 Third Avenue, Suite 2400
New York, NY 10017
T: (212) 651-7500
E: atzakis@smsm.com

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TO:
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz, Esq.
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, NY 11530
T: (516) 741-4170
E: bcruz@bongiornolawfirm.com

CC:
RIVKIN RADLER LLP
Brian S. Schlosser, Esq.
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
926 RXR Plaza
Uniondale, NY 11556
T: (516) 357-3289
E: brian.schlosser@rivkin.com

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
JOSE ROMERO, Index No.: 153338/2023

Plaintiff,
DEMAND FOR
- against - DISCOVERY AND
INSPECTION OF
PHOTOGRAPHS AND
VIDEO RECORDINGS

LAWRENCE EXTERIOR RESTORATION CORP. AND THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY
OF NEW YORK,

Defendants.
---------------------------------------------------------------------------X

PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, Plaintiff is required to

serve within twenty (20) days after receipt of this notice and/or permit the undersigned to

discover and inspect, copy and photograph the following:

1. All photographs (duplicate originals or color copies) and video recordings

showing the physical condition of plaintiff, JOSE ROMERO following or immediately prior to

the incident herein alleged.

2. All photographs (duplicate originals or color copies) and video recordings

showing the condition of the place of the incident at the time of the incident herein alleged,

and/or as it existed following or prior thereto.

3. All photographs (duplicate originals or color copies) and video recordings

depicting the scene of the incident herein.

4. All photographs (duplicate originals or color copies) and video photography that

may be introduced at any trial or proceeding in this action.

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PLEASE TAKE FURTHER NOTICE, that your failure to comply with this demand

will result in your being precluded from offering the demanded items or introducing testimony

based on said items at the trial of this action.

Dated: New York, New York
July 13, 2023

SEGAL McCAMBRIDGE SINGER &
MAHONEY, LTD.

TO:
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz, Esq.
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, NY 11530
T: (516) 741-4170
E: bcruz@bongiornolawfirm.com

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
JOSE ROMERO, Index No.: 153338/2023

Plaintiff,
DEMAND FOR NAMES
- against - AND ADDRESSES OF
WITNESSES

LAWRENCE EXTERIOR RESTORATION CORP. AND THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY
OF NEW YORK,

Defendants.
---------------------------------------------------------------------------X

PLEASE TAKE NOTICE, that the Defendant, LAWRENCE EXTERIOR

RESTORATION CORP., (hereinafter “Defendant”) demands that you set forth in writing, under

oath, and serve upon the undersigned within twenty (20) days of this date:

1. The name and address of each person known or claimed by you or any party that

you represent in this action to be a witness to:

(a) The occurrence alleged in the Complaint in this action; and/or,

(b) Any acts, omissions, or conditions which allegedly caused the occurrence

alleged in the Complaint; and/or,

which allegedly caused the occurrence alleged in the Complaint; and/or,

(d) The nature and duration of any alleged condition which allegedly caused

the occurrence alleged in the Complaint.

2. If you, your agents, representatives, or anyone acting on your behalf have ever

spoken to any alleged witness named above, please state:

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(a) the names and addresses of all persons participating in the making of each

such conversation or statement, including the names and addresses of all

other persons present at the time that each such conversation or statement

was made;

(b) the date, time, and place that each such conversation or statement was

made; and

of any documentation of each such conversation or statement, including

each and every recording, photograph, drawing, and signed or unsigned

document which reflects, represents, or pertains to same.

3. Set forth all individuals involved in the Incident as alleged in the Complaint,

stating their names, dates of birth or approximate ages, residential addresses, descriptions of their

appearances, and any other identifying information you have in your possession concerning these

individuals.

PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the

trial of this action to preclude the testimony of any witness to the above-described facts and

circumstances who is not identified by you in response to this notice.

Dated: New York, New York
July 13, 2023

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SEGAL McCAMBRIDGE SINGER &
MAHONEY, LTD.

TO:
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz, Esq.
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, NY 11530
T: (516) 741-4170
E: bcruz@bongiornolawfirm.com

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
JOSE ROMERO, Index No.: 153338/2023

Plaintiff,
DEMAND FOR
- against - EMPLOYMENT AND
SCHOOL
AUTHORIZATIONS

LAWRENCE EXTERIOR RESTORATION CORP. AND THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY
OF NEW YORK,

Defendants.
---------------------------------------------------------------------------X
TO: PLAINTIFF

PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, you are required to serve

within twenty (20) days after receipt of this notice, the following:

1. A duly executed written authorization to enable the Defendant herein to obtain the

Plaintiff’s employment and school records for three (3) years prior and subsequent to the

date of the alleged accident.

2. If Plaintiff was a member of a union at the time of this incident, then a demand is hereby

made for the production of copies of the Plaintiff’s union records, if any, and all

personnel, workers’ compensation and employment records for three (3) years prior to

date of accident through present, as well as a duly executed and properly addressed

authorization enabling Defendant to obtain copies of Plaintiff’s union records.

PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid,

the undersigned will object at the trial of this action to the offering of any evidence of loss of

earnings of Plaintiff or as to Plaintiff’s damages or any other material contained in such

documents.

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Dated: New York, New York
July 13, 2023

SEGAL McCAMBRIDGE SINGER &
MAHONEY, LTD.

TO:
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz, Esq.
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, NY 11530
T: (516) 741-4170
E: bcruz@bongiornolawfirm.com

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
JOSE ROMERO, Index No.: 153338/2023

Plaintiff,
NOTICE FOR
- against - DISCOVERY AND
INSPECTION OF TAX
RETURNS

LAWRENCE EXTERIOR RESTORATION CORP. AND THE
TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY
OF NEW YORK,

Defendants.
---------------------------------------------------------------------------X
TO: PLAINTIFF

PLEASE TAKE NOTICE, that pursuant to CPLR Article 31, Plaintiff is hereby

required to produce for discovery, inspection, and photocopying, at the offices of the

undersigned, 777 Third Avenue, Suite 2400, New York, New York 10017, within twenty (20)

days of the date of service of this demand, the following documents:

1. Copies of the income tax returns filed by the Plaintiff and the W-2 forms received by the

Plaintiff and filed with the United States Federal Government, New York State

Government and the New York City Government for three (3) years prior and subsequent

to the date of Plaintiff’s alleged accident.

2. Duly executed Internal Revenue Service (“IRS”) and New York State form

authorizations, together with copies of two forms of photo identification permitting the

undersigned to obtain copies of W-2s, 1099s and Federal and State income tax returns, if

any, of the Plaintiff for three (3) years prior to the alleged incident to the present.

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PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid

the undersigned will object, at the trial of this action, to the offer of any evidence of loss of

earnings of the Plaintiff or any other material contained in such documents.

Dated: New York, New York
July 13, 2023

SEGAL McCAMBRIDGE SINGER &
MAHONEY, LTD.

TO:
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz, Esq.
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, NY 11530
T: (516) 741-4170
E: bcruz@bongiornolawfirm.com

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------------------------------------------X
JOSE ROMERO,

Case Info

Case No.

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Document Filed Date

July 13, 2023

Case Filing Date

April 12, 2023

County

Parties

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