Preview
FILED: NEW YORK COUNTY CLERK 08/02/2023 01:01 AM INDEX NO. 153338/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSE ROMERO, Index No.: 153338/2023
Plaintiff, PLAINTIFF’S DEMAND
FOR BILL OF
-against- PARTICULARS AS TO
AFFIRMATIVE DEFENSES
LAWRENCE EXTERIOR RESTORATION CORP. AS TO ALL DEFENDANTS
and THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK,
Defendants.
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SIRS/MADAMS:
PLEASE TAKE NOTICE that Plaintiff hereby demands that Defendants, LAWRENCE
EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN
THE CITY OF NEW YORK, serve upon THE BONGIORNO LAW FIRM, PLLC, 1415
Kellum Place, Suite 205, Garden City, New York 11530, attorneys for Plaintiff herein, within
twenty (20) days after service hereof, a Verified Bill of Particulars of the Affirmative Defenses
contained in the Defendants’ Answer, in which the Defendants shall set forth and specify:
1. With regard to the defendants’ “recalcitrant worker” defense, set forth the actions
and/or inactions of the plaintiff.
2. With regard to the defendants’ “recalcitrant worker” defense, set forth which
available safety devices the plaintiff failed or refused to utilize.
3. With regard to the defendants’ “recalcitrant worker” defense, set forth what
instructions and/or training the plaintiff failed to heed.
4. With regard to the defendants’ “sole proximate cause” defense, set forth what
actions and/or inactions of the plaintiff was the “sole proximate cause” of the incident alleged.
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5. A detailed statement of the act(s) of negligence, culpability, lack of care or
omissions on the part of the Plaintiff which it will be claimed caused and/or contributed to the
accident and/or injuries suffered by the Plaintiff, including:
a) The date and time of each acts and/or omission;
b) The location of each act and/or omission; and
c) A description of each act.
6. A detailed statement of the risk Plaintiff allegedly assumed, including:
a) The time when said risk was assumed;
b) The exact location where said risk was assumed;
c) A description of the risk assumed;
d) Whether the alleged assumption of risk was voluntary or involuntary;
e) How said risk was open, obvious, and/or apparent; and
f) The manner in which it will be claimed said risk was assumed.
7. If it is alleged that Plaintiff failed to join a necessary party, set for the name(s) and
address(es) of each alleged necessary party that has not been joined.
8. A statement of the degree, extent or proportion to which it will be claimed
Plaintiff’s alleged negligence contributed to the accident and/or to the injuries suffered by the
Plaintiff.
9. Set forth the proportion, extent, degree and nature of Plaintiff’s injuries and/or
damages alleged to have been caused, continued or exacerbated by the acts and/or omissions of
the Plaintiff.
10. State whether it is claimed that Plaintiff’s alleged negligent acts were committed
and/or omitted by Plaintiff solely or jointly with other persons. If jointly with other persons, set
forth:
a) The names and addresses of the other persons;
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b) A detailed statement of the act(s) of negligence and/or omissions alleged
to have been committed by the other persons;
c) The degree, extent and/or proportion to which it is claimed that the alleged
negligence of each other person contributed to the subject incident; and
d) The time, date, and location of each of the aforementioned acts by each
person.
11. If it is alleged that Plaintiff’s injuries and damages are attributable to the culpable
conduct of the third parties, set forth the name and addresses of such third parties and the manner
in which Plaintiff’s injuries and damages are attributable to them.
Dated: Garden City, New York
August 2, 2023
Yours, etc.,
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz
By: ________________________
BRANDON M. CRUZ
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
TO:
SEGAL MCCAMBRIDGE SINGER &
MAHONEY, LTD
Attorneys for Defendant
LAWRENCE EXTERIOR RESTORATION CORP.
777 Third Avenue, Suite 2400
New York, New York 10017
(212) 651-7500
Attorney: Antigone Tzakis, Esq.
Email: atzakis@smsm.com
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023
RIVKIN RADLER LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
926 RXR Plaza – 10th Floor
Uniondale, New York 11556-0926
(516) 357-3289
File No.: 21519-1537
Attorney: Brian Schlosser, Esq.
Email: Brian.Schlosser@rivkin.com
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.: 153338/2023
JOSE ROMERO,
Plaintiff,
-against-
LAWRENCE EXTERIOR RESTORATION CORP.
and THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK,
Defendants.
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PLAINTIFF’S DEMAND FOR BILL OF PARTICULARS
AS TO AFFIRMATIVE DEFENSES
AS TO ALL DEFENDANTS
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney
admitted to practice in the Courts of the State of New York, certifies, to the best of his
knowledge after reasonable inquiry, that the contentions contained in the annexed documents are
not frivolous.
Brandon M. Cruz
Dated: Garden City, New York By: _______________________________
August 2, 2023 Brandon M. Cruz, Esq.
PLEASE TAKE NOTICE
____ NOTICE OF ENTRY that the within is a true copy of a entered
in the office of the clerk of the within named Court on
____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be
presented for settlement to the Hon. one of the judges of the within named Court, on
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
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Preview
FILED: NEW YORK COUNTY CLERK 08/02/2023 01:01 AM INDEX NO. 153338/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X JOSE ROMERO, Index No.: 153338/2023 Plaintiff, PLAINTIFF’S DEMAND FOR BILL OF -against- PARTICULARS AS TO AFFIRMATIVE DEFENSES LAWRENCE EXTERIOR RESTORATION CORP. AS TO ALL DEFENDANTS and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. -------------------------------------------------------------------X SIRS/MADAMS: PLEASE TAKE NOTICE that Plaintiff hereby demands that Defendants, LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, serve upon THE BONGIORNO LAW FIRM, PLLC, 1415 Kellum Place, Suite 205, Garden City, New York 11530, attorneys for Plaintiff herein, within twenty (20) days after service hereof, a Verified Bill of Particulars of the Affirmative Defenses contained in the Defendants’ Answer, in which the Defendants shall set forth and specify: 1. With regard to the defendants’ “recalcitrant worker” defense, set forth the actions and/or inactions of the plaintiff. 2. With regard to the defendants’ “recalcitrant worker” defense, set forth which available safety devices the plaintiff failed or refused to utilize. 3. With regard to the defendants’ “recalcitrant worker” defense, set forth what instructions and/or training the plaintiff failed to heed. 4. With regard to the defendants’ “sole proximate cause” defense, set forth what actions and/or inactions of the plaintiff was the “sole proximate cause” of the incident alleged. 1 of 5 FILED: NEW YORK COUNTY CLERK 08/02/2023 01:01 AM INDEX NO. 153338/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023 5. A detailed statement of the act(s) of negligence, culpability, lack of care or omissions on the part of the Plaintiff which it will be claimed caused and/or contributed to the accident and/or injuries suffered by the Plaintiff, including: a) The date and time of each acts and/or omission; b) The location of each act and/or omission; and c) A description of each act. 6. A detailed statement of the risk Plaintiff allegedly assumed, including: a) The time when said risk was assumed; b) The exact location where said risk was assumed; c) A description of the risk assumed; d) Whether the alleged assumption of risk was voluntary or involuntary; e) How said risk was open, obvious, and/or apparent; and f) The manner in which it will be claimed said risk was assumed. 7. If it is alleged that Plaintiff failed to join a necessary party, set for the name(s) and address(es) of each alleged necessary party that has not been joined. 8. A statement of the degree, extent or proportion to which it will be claimed Plaintiff’s alleged negligence contributed to the accident and/or to the injuries suffered by the Plaintiff. 9. Set forth the proportion, extent, degree and nature of Plaintiff’s injuries and/or damages alleged to have been caused, continued or exacerbated by the acts and/or omissions of the Plaintiff. 10. State whether it is claimed that Plaintiff’s alleged negligent acts were committed and/or omitted by Plaintiff solely or jointly with other persons. If jointly with other persons, set forth: a) The names and addresses of the other persons; 2 of 5 FILED: NEW YORK COUNTY CLERK 08/02/2023 01:01 AM INDEX NO. 153338/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023 b) A detailed statement of the act(s) of negligence and/or omissions alleged to have been committed by the other persons; c) The degree, extent and/or proportion to which it is claimed that the alleged negligence of each other person contributed to the subject incident; and d) The time, date, and location of each of the aforementioned acts by each person. 11. If it is alleged that Plaintiff’s injuries and damages are attributable to the culpable conduct of the third parties, set forth the name and addresses of such third parties and the manner in which Plaintiff’s injuries and damages are attributable to them. Dated: Garden City, New York August 2, 2023 Yours, etc., THE BONGIORNO LAW FIRM, PLLC Brandon M. Cruz By: ________________________ BRANDON M. CRUZ Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 TO: SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD Attorneys for Defendant LAWRENCE EXTERIOR RESTORATION CORP. 777 Third Avenue, Suite 2400 New York, New York 10017 (212) 651-7500 Attorney: Antigone Tzakis, Esq. Email: atzakis@smsm.com 3 of 5 FILED: NEW YORK COUNTY CLERK 08/02/2023 01:01 AM INDEX NO. 153338/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023 RIVKIN RADLER LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK 926 RXR Plaza – 10th Floor Uniondale, New York 11556-0926 (516) 357-3289 File No.: 21519-1537 Attorney: Brian Schlosser, Esq. Email: Brian.Schlosser@rivkin.com 4 of 5 FILED: NEW YORK COUNTY CLERK 08/02/2023 01:01 AM INDEX NO. 153338/2023 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 08/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: 153338/2023 JOSE ROMERO, Plaintiff, -against- LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. -------------------------------------------------------------------------------------------------------------------- PLAINTIFF’S DEMAND FOR BILL OF PARTICULARS AS TO AFFIRMATIVE DEFENSES AS TO ALL DEFENDANTS THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of the State of New York, certifies, to the best of his knowledge after reasonable inquiry, that the contentions contained in the annexed documents are not frivolous. Brandon M. Cruz Dated: Garden City, New York By: _______________________________ August 2, 2023 Brandon M. Cruz, Esq. PLEASE TAKE NOTICE ____ NOTICE OF ENTRY that the within is a true copy of a entered in the office of the clerk of the within named Court on ____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, on THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff 5 of 5