Preview
FILED: NEW YORK COUNTY CLERK 09/29/2023 11:42 AM INDEX NO. 153338/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/29/2023
Exhibit C
FILED: NEW YORK COUNTY CLERK 09/29/2023
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSE ROMERO,
Plaintiff, CERTIFICATION PURSUANT
TO PART § 130-1.1(c)
-against-
Index No. 153338/2023
LAWRENCE EXTERIOR RESTORATION CORP. and
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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I hereby certify pursuant to 22 NYCRR § 130-1.1-a that, to the best of my knowledge, information and
belief, formed after an inquiry reasonable under the circumstances, the presentation of the ANSWER and
DEMANDS or the contentions therein are not frivolous as defined in 22 NYCRR § 130-1.1(c).
Dated: Uniondale, New York
July 19, 2023
Yours, etc.,
RIVKIN RADLER LLP
Attys. for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
By: _______________________________________
BRIAN S. SCHLOSSER, ESQ.
926 RXR Plaza-10th Floor
Uniondale, NY 11556-0926
(516) 357-3289/3333-Fax #
RR File No. 21519-1537
All Parties VIA NYSCEF
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JOSE ROMERO,
Plaintiff, VERIFIED ANSWER
-against- Index No. 153338/2023
LAWRENCE EXTERIOR RESTORATION CORP. and
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendants.
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Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK h/r/a
(“COLUMBIA”), by its attorneys, RIVKIN RADLER LLP, states upon information and belief for its answer to
Plaintiff’s Complaint:
THE PARTIES
1. Defendant, COLUMBIA, denies having knowledge or information sufficient to form a belief as to
the allegations contained in paragraphs “1” and “2” of Plaintiff’s Complaint and respectfully refers all questions of
law to this Honorable Court.
2. Defendant, COLUMBIA, denies the allegations contained in paragraphs “3” and “4” of Plaintiff’s
Complaint in the form alleged except admits that at all times hereinafter mentioned, COLUMBIA was a New York
corporation and a non-profit institution of higher education formed by Special Act of legislature, and respectfully
refers all questions of law to this Honorable Court.
3. Defendant, COLUMBIA, admits the allegations contained in paragraph “5” of Plaintiff's
Complaint.
ANSWERING THE FIRST CAUSE OF ACTION
4. Answering paragraph “6” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
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5. Defendant, COLUMBIA, admits the allegations contained in paragraph “7” of Plaintiff's
Complaint.
6. Defendant, COLUMBIA, denies the allegations contained in paragraphs “8” and “9” of Plaintiff’s
Complaint in the form alleged except admits that at all times hereinafter mentioned, there was ongoing construction
and/or renovation to a portion of the premises located at 562 W. 113th Street, New York, NY, and respectfully refers
all questions of law to this Honorable Court.
7. Defendant, COLUMBIA, denies the allegations contained in paragraphs “11” through “23” of
Plaintiff’s Complaint in the form alleged except admits there existed an agreement (“Agreement”) entered into by
and between Columbia, as “Owner,” and Lawrence Exterior Restoration Corp. (“LAWRENCE”), as “Contractor,”
and dated as of which Agreement was in full force and effect at the time of the alleged incident and controlling
upon the relative rights and responsibilities of the parties thereto, that LAWRENCE conducting construction and/or
renovation at the premises located at 562 W. 113th Street, New York, NY pursuant to that Agreement and
respectfully refers all questions of law to this Honorable Court.
ANSWERING THE SECOND CAUSE OF ACTION
8. Defendant, COLUMBIA, denies the allegations contained in paragraphs “24” through “33” of
Plaintiff’s Complaint in the form alleged and respectfully refers all questions of law to this Honorable Court.
9. Answering paragraph “34” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
10. Defendant, COLUMBIA, denies the allegations contained in paragraphs “35,” “36,” and “37” of
Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court.
ANSWERING THE THIRD CAUSE OF ACTION
11. Answering paragraph “38” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
12. Defendant, COLUMBIA, denies the allegations contained in paragraphs “39,” “40” and “41” of
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Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court.
ANSWERING THE FOURTH CAUSE OF ACTION
13. Answering paragraph “42” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
14. Defendant, COLUMBIA, denies the allegations contained in paragraphs “43,” “44”” and “45” of
Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court.
ANSWERING THE FIFTH CAUSE OF ACTION
15. Answering paragraph “46” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
16. Defendant, COLUMBIA, denies the allegations contained in paragraphs “47” and “48” of
Plaintiff’s Complaint in the form alleged except admits that at all times hereinafter mentioned, COLUMBIA was
the record owner of premises located at 562 W. 113th Street, New York, NY and respectfully refers all questions of
law to this Honorable Court.
17. Defendant, COLUMBIA, denies the allegations contained in paragraphs “49” through “52” of
Plaintiff’s Complaint in the form alleged except admits that at all times hereinafter mentioned, COLUMBIA
operated, maintained and controlled premises located at 562 W. 113th Street, New York, NY.
18. Defendant, COLUMBIA, denies the allegations contained in paragraph “53” of Plaintiff’s
Complaint in the form alleged except admits there existed an Agreement entered into by and between Columbia, as
“Owner,” and Lawrence, as “Contractor,” and dated as of which Agreement was in full force and effect at the time
of the alleged incident and controlling upon the relative rights and responsibilities of the parties thereto, that
LAWRENCE conducting construction and/or renovation at the premises located at 562 W. 113th Street, New York,
NY pursuant to that Agreement and respectfully refers all questions of law to this Honorable Court.
19. Defendant, COLUMBIA, denies the allegations contained in paragraphs “54” through “73” of
Plaintiff’s Complaint in the form alleged and respectfully refers all questions of law to this Honorable Court.
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ANSWERING THE SIXTH CAUSE OF ACTION
20. Answering paragraph “74” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
21. Defendant, COLUMBIA, denies the allegations contained in paragraphs “75,” “76” and “77” of
Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court.
ANSWERING THE SEVENTH CAUSE OF ACTION
22. Answering paragraph “78” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
23. Defendant, COLUMBIA, denies the allegations contained in paragraphs “79,” “80” and “81” of
Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court.
ANSWERING THE EIGHTH CAUSE OF ACTION
24. Answering paragraph “82” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and
reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force
and effect as though more fully set forth at length herein.
25. Defendant, COLUMBIA, denies the allegations contained in paragraphs “83,” “84” and “85” of
Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court.
AS AND FOR A FIRST CROSS-CLAIM AGAINST LAWRENCE BY THE TRUSTEES OF
COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK FOR COMMON LAW CONTRIBUTION
26. While denying negligence or liability of any kind, nature or description, defendant, COLUMBIA,
asserts that any such liability that may be attributed to it will be passive, secondary, vicarious and arise purely by
operation of law; whereas the negligence and/or liability of defendant, LAWRENCE, will be active, primary, direct
and arise as a result of its own culpable acts.
27. If the plaintiff recovers herein, it will be by virtue of the recklessness, carelessness and negligence
of defendant, LAWRENCE, and not of the defendant, COLUMBIA, for which COLUMBIA demands judgment
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for contribution according to the respective degrees of negligence of COLUMBIA to be ascertained, determined
and adjudicated at trial.
AS AND FOR A SECOND CROSS-CLAIM AGAINST LAWRENCE BY
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
FOR COMMON LAW INDEMNIFICATION
28. While denying negligence or liability of any kind, nature or description, defendant, COLUMBIA,
asserts that any such liability that may be attributed to it will be passive, secondary, vicarious and arise purely by
operation of law; whereas the negligence and/or liability of defendant, LAWRENCE, will be active, primary, direct
and arise as a result of its own culpable acts.
29. If the plaintiff recovers herein, it will be by virtue of the recklessness, carelessness and negligence
of defendant, LAWRENCE, and not of defendant, COLUMBIA, for which COLUMBIA demands judgment for
indemnification as against defendant, LAWRENCE.
AS AND FOR A THIRD CROSS-CLAIM AGAINST LAWRENCE BY
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
FOR CONTRACTUAL INDEMNIFICATION
30. That all times herein mentioned, there existed between COLUMBIA, as Owner, and LAWRENCE,
as Contractor, an Agreement to perform construction and/or renovation work at the premises referenced in
Plaintiff’s Complaint which Agreement was in full force and effect at the time referenced in the Complaint and
which Agreement set forth the relative rights and responsibilities of the parties thereto.
31. That pursuant to the terms and conditions of the Agreement, LAWRENCE, as Contractor, was
obligated to defend and indemnify COLUMBIA in connection with or arising out of or relating to the performance
of Work by the Contractor, subcontractors and suppliers, and anyone directly or indirectly employed or retained by
any of them.
32. That pursuant to the terms and conditions of the Agreement, LAWRENCE, as Contractor, was
obligated to obtain commercial general liability insurance coverage for bodily injury and property damage and to
name COLUMBIA, as an additional insured on said insurance policy of insurance.
33. That pursuant to the terms and conditions of the Agreement demand was duly made upon
LAWRENCE to provide defense and indemnification for COLUMBIA in connection with the claims asserted in
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Plaintiff’s Complaint.
34. That pursuant to the terms and conditions of the Agreement, COLUMBIA is and shall be entitled
to recover the costs it incurs in connection with its defense of this matter, including all attorneys’ fees and expenses
regardless of the outcome of this litigation.
35. That pursuant to the terms and conditions of the Agreement, in the event of a settlement or a
judgment entered in favor of the plaintiff, COLUMBIA shall be entitled to indemnification for any monies paid by
or on its behalf in connection with a settlement or judgment entered herein, including recovery of attorneys’ fees
and expenses.
36. That if the plaintiff recovers herein as against COLUMBIA such recovery shall be the result of the
carelessness and negligence of the Contractor, the contractors, subcontractors and/or suppliers or their respective
officers, agents and employees and not of the defendant, COLUMBIA, for which COLUMBIA demands judgment
for indemnification as against defendant, LAWRENCE, pursuant to the terms and conditions of the Agreement.
AS AND FOR A FOURTH CROSS-CLAIM AGAINST LAWRENCE BY
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
FOR BREACH OF CONTRACT
37. That LAWRENCE has breached the terms and conditions of the Agreement referenced herein by
failing to indemnify and hold harmless COLUMBIA in connection with the claims asserted by Plaintiff herein.
38. That LAWRENCE has breached the terms and conditions of the Agreement referenced herein by
failing to procure commercial general liability insurance naming COLUMBIA as an additional insured in
connection with the claims asserted by Plaintiff herein.
39. That LAWRENCE has breached the terms and conditions of the Agreement referenced herein by
failing to procure commercial general liability insurance with sufficient coverage limits.
40. That if Plaintiff recovers herein as against COLUMBIA, such recovery shall be the result of the
carelessness and negligence of the Contractor, the contractors, subcontractors and/or suppliers or their respective
officers, agents and employees and not of the defendant, COLUMBIA, for which COLUMBIA demands judgment
costs associated with LAWRENCE’s breach.
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AS AND FOR A FIRST AFFIRMATIVE DEFENSE
41. If Plaintiff did sustain injuries as alleged in the Complaint, which COLUMBIA specifically denies,
such injuries were caused, in whole or in part, or were contributed to, by reason of the acts, omissions, wrongs,
carelessness, negligence, want of care and culpable conduct of Plaintiff and not by any acts, omissions, wrongs,
carelessness, negligence, want of care, culpable conduct of COLUMBIA, and Plaintiff’s recovery, if any, should be
barred or reduced in accordance with the doctrine of comparative negligence.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
42. If the liability of COLUMBIA is found to be 50% or less of the total liability assigned to all persons
liable, the liability of COLUMBIA to Plaintiff for non-economic loss shall not exceed COLUMBIA’s equitable
share determined in accordance with the relative culpability of each person causing or contributing to the total
liability for non-economic loss, pursuant to CPLR Article 16.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
43. Upon information and belief, any past/future costs or expenses incurred or to be incurred by
Plaintiff for medical, dental or custodial care, rehabilitative services or loss of earnings were, or with reasonable
certainty, will be replaced or indemnified, in whole or in part, from collateral sources as defined in CPLR § 4545(c).
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
44. Defendant, COLUMBIA, alleges that the plaintiff was a recalcitrant worker.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
45. That whatever injuries and/or damages were sustained by Plaintiff at the time and place alleged in
the Complaint were the result of Plaintiff’s assumption of risk in realizing and knowing the hazards and dangers
thereof and that Plaintiff assumed all risks necessarily incidental to such an undertaking. Therefore, the injuries
and/or damages alleged in the Complaint were caused, in whole or in part, by Plaintiff’s culpable conduct, including
contributory negligence and assumption of the risk and, accordingly, any verdict or judgment in favor of Plaintiff
must be reduced by that percentage of all of the culpable conduct which caused the plaintiff’s damages which the
trier of fact apportions to Plaintiff.
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AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
46. Plaintiff is barred from recovery by virtue of Plaintiff having failed to take appropriate steps to
avoid and/or mitigate Plaintiff’s damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
47. The defendant lacked actual or constructive notice of the dangerous condition alleged in the
Plaintiff’s Complaint.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
48. The exclusive remedy for Plaintiff’s illness and/or injury is limited to the applicable Workers’
Compensation Statutes.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
49. The culpable conduct of those responsible for the accident or the occurrence alleged in the
Complaint constituted a separate, independent, superseding, intervening culpable act or acts which constitute the
sole proximate cause of the accident or occurrence alleged herein.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
50. Plaintiff’s injuries, if any, were increased or caused by Plaintiff’s failure or neglect to properly
utilize safety equipment at the time of the occurrence, and, therefore, Plaintiff may not recover for those injuries
which would not otherwise have been sustained.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
51. Plaintiff’s injuries, if any, were increased or caused by Plaintiff’s failure to properly utilize
materials which were an integral part of the work that Plaintiff was engaged in at the time of the incident alleged in
the Complaint.
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WHEREFORE, defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF
NEW YORK, demands judgment dismissing Plaintiff’s Complaint herein, together with the costs, disbursements
and expenses of this action including attorney's fees.
Dated: Uniondale, New York
July 19, 2023
Yours, etc.,
RIVKIN RADLER LLP
Attys. for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
926 RXR Plaza-10th Floor
Uniondale, NY 11556-0926
(516) 357-3289/3333-Fax #
RR File No. 21519-1537
TO: ALL PARTIES VIA NYSCEF
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSE ROMERO,
Plaintiff, DEMAND FOR A VERIFIED
BILL OF PARTICULARS
-against-
Index No. 153338/2023
LAWRENCE EXTERIOR RESTORATION CORP. and
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendant.
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COUNSELORS:
PLEASE TAKE NOTICE, that defendant, COLUMBIA, hereby demands that you serve upon the
undersigned attorneys within thirty (30) days from the date of service of this demand, a Verified Bill of Particulars,
pursuant to CPLR §§ 3042, 3043 and 3044, of the following matters:
1. State the plaintiff’s social security number.
2. State the date and place of plaintiff’s birth.
3. State the plaintiff’s current residence address.
4. State the plaintiff’s residence address at the time of this alleged occurrence.
5. State the date and time of day of the occurrence.
6. State the exact location of the occurrence.
7. If the occurrence took place on a premises, set forth the location therein, giving floor number and
location thereon so as to be readily identified: if upon a sidewalk or exterior of premises, the distance from the curb
and building line and other fixed object.
8. State the streets, including reference to intersections, crosswalks, corners or curbs, where necessary,
to accurately locate the place.
9. State the manner in which it will be claimed that this incident occurred.
10. Give a general description of the occurrence together with identification and descriptions of any
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defects or instrumentalities allegedly causing or contributing to the alleged occurrence.
11. State all the acts and/or omissions constituting the negligence claimed.
12. State any and all laws, rules, regulations and ordinances that are claimed to be either applicable to
the occurrence or to have been violated by the answering defendant.
13. State all sections of the Industrial Code that are claimed to be either applicable to the occurrence
or to have been violated by the answering defendant.
14. Set forth whether actual or constructive notice of any defective or dangerous condition or activity
is claimed and, if so, set forth the nature and extent of such condition or activity.
15. If actual notice is claimed, set forth the following:
a. The date of each notice.
b. The names of the agents and/or servants of answering defendant to whom actual
notice was allegedly given, and the date each notice was given.
c. By whom the actual notice was allegedly given on each of such dates.
d. The substance of each said notice.
e. If oral, state the name and address of the person giving such notice and the
substance thereof.
f. If written, annex a true copy of the notice thereof.
16. If constructive notice is claimed, the length of time is not known, so state.
17. State the nature and extent of all of the injuries claimed.
18. Specify the injuries claimed to be permanent.
19. Accurately state the length of time the plaintiff was confined to bed and
house.
20. State the name of each hospital, clinic or institution where any treatment or examination was
rendered and the length of time, if any, the plaintiff was confined there. If not confined to any hospital, etc., so-
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state.
21. If it is claimed that the plaintiff was treated by any physicians other than a physician at a hospital
and/or clinic, give the name of each and every physician and the addresses. Accurately state the number of visits it
is claimed the plaintiff made to each physician, if any, specified above.
22. State the nature of plaintiff’s employment.
23. State the name and address of plaintiff’s employer.
24. State the length of time the plaintiff was incapacitated from employment.
25. State the nature and/or type of work customarily performed by the plaintiff.
26. If plaintiff was self-employed, state the nature of his self-employment and business address.
27. State the total amount claimed as lost earnings, including a detailed statement as to how such lost
earnings were computed.
28. If the plaintiff was a student, give the name and address of the school the plaintiff attended at or
about the time of the accident, and accurately state the length of time the plaintiff was incapacitated from attending
said school.
29. State the total amount plaintiff is claiming as special damages for:
a. Physicians’ expenses.
b. Medical expenses.
c. Nurses’ expenses.
d. Hospital expenses.
e. Any other expenses which it is claimed resulted from this occurrence.
30. State whether any other action is pending by plaintiff subject to recovering damages for the same
injuries arising out of the same accident that is the subject matter of this lawsuit.
31. State any other claim or demand with which plaintiff intends to charge answering defendant upon
the trial of this action.
32. State the negligent acts of commission or omission of answering defendant to be relied upon at the
time of trial.
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33. Set forth how plaintiff arrived at the sum demanded in the complaint, including:
a. Which portion of the foregoing was for medical bills and expenses and
other items of special damages.
b. Which portion, if any, was for other losses.
c. Specify the services that will be claimed to have been lost by plaintiff as a
result of this incident and for how long a period of time.
d. Set forth any other damage or loss plaintiff claims to have sustained as a
result of the alleged occurrence.
PLEASE TAKE FURTHER NOTICE that your failure to furnish the requested Verified Bill of Particulars
within the statutory period of thirty (30) days, a Motion to Dismiss the Complaint will be made, or, in the alternative,
a Motion to Preclude Plaintiff from giving any evidence of items for which particulars, though demanded, have not
been furnished.
Dated: Uniondale, New York
July 19, 2023
Yours, etc.,
RIVKIN RADLER LLP
Attys. for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
926 RXR Plaza-10th Floor
Uniondale, NY 11556-0926
(516) 357-3289/3333-Fax #
RR File No. 21519-1537
TO: ALL PARTIES VIA NYSCEF
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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JOSE ROMERO,
Plaintiff, COMBINED DEMANDS
-against- Index No. 153338/2023
LAWRENCE EXTERIOR RESTORATION CORP. and
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK,
Defendant.
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COUNSELORS:
I. DEMAND FOR DISCLOSURE OF
MEDICARE/MEDICAID BENEFITS AND/OR ELIGIBILITY
PLEASE TAKE NOTICE that demand is hereby made that Plaintiff provide the following information
pursuant to 42 U.S.C. § 1395y(b)(8)(A):
1. Has Plaintiff been the recipient of Medicare/Medicaid benefits?
2. Is he currently the recipient of Medicare/Medicaid benefits?
3. If he has received or is currently receiving Medicare/Medicaid benefits, please provide the
following:
a. The full name under which he was/is receiving Medicare/Medicaid benefits;
b. His full address, including city, state and zip code;
c. His telephone number;
d. His e-mail address;
e. His date of birth;
f. His social security number; and
g. His Medicare/Medicaid beneficiary number (HICN).
4. If he has not received Medicare/Medicaid benefits in the past or is not receiving Medicare/Medicaid
benefits now, state whether he is eligible to receive Medicare/Medicaid benefits.
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5. If he has been receiving Medicare/Medicaid benefits and is now deceased, please provide the
following:
a. Relationship of the administrator of his estate to Plaintiff’s decedent;
b. Name and address of his estate administrator;
c. Telephone number and e-mail address of his estate administrator; and
d. Social security number of Plaintiff’s estate’s administrator.
II. DEMAND FOR WITNESS INFORMATION
PLEASE TAKE NOTICE, that pursuant to CPLR § 3101, all counsel is required to produce at the offices
of the undersigned attorneys within twenty (20) days from the date hereof, any and all names and addresses of
persons:
1. Claimed to have witnessed the occurrence alleged in the Complaint;
2. Claimed to have firsthand knowledge of the occurrence alleged in the Complaint;
3. Claimed to be witnesses to the scene of the occurrence alleged in the Complaint,
either immediately before or after such occurrence took place;
4. Claimed to be witnesses to any acts, omissions or conditions which allegedly
caused the occurrence alleged in the Complaint;
5. Claimed to be witnesses to any actual notice allegedly given to defendant of any
condition which allegedly caused the occurrence alleged in the Complaint; and
6. Claimed to have witnessed the nature and duration of any alleged condition which
allegedly caused the occurrence alleged in the Complaint.
PLEASE TAKE FURTHER NOTICE, that your failure to provide the information demanded within twenty
(20) days of the date of this Demand, will leave you subject to the provisions of the CPLR.
III. DEMAND FOR PARTY STATEMENTS
PLEASE TAKE NOTICE, that pursuant to CPLR § 3120, you are hereby required to produce at the offices
of the undersigned attorneys within twenty (20) days from the date herein, any statements made by the defendant
or the statements of any of its employees or the statements of former employees relating to the issues in this matter.
IV. DEMAND FOR EXPERT WITNESS DISCLOSURE
PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR § 3101(d) to produce:
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(a) The name of every person Plaintiff expects to call as an expert witness at the time
of the trial of the above-captioned action; and
(b) A detailed written statement as to:
Preview
FILED: NEW YORK COUNTY CLERK 09/29/2023 11:42 AM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 09/29/2023 Exhibit C FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X JOSE ROMERO, Plaintiff, CERTIFICATION PURSUANT TO PART § 130-1.1(c) -against- Index No. 153338/2023 LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X I hereby certify pursuant to 22 NYCRR § 130-1.1-a that, to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the ANSWER and DEMANDS or the contentions therein are not frivolous as defined in 22 NYCRR § 130-1.1(c). Dated: Uniondale, New York July 19, 2023 Yours, etc., RIVKIN RADLER LLP Attys. for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK By: _______________________________________ BRIAN S. SCHLOSSER, ESQ. 926 RXR Plaza-10th Floor Uniondale, NY 11556-0926 (516) 357-3289/3333-Fax # RR File No. 21519-1537 All Parties VIA NYSCEF 1 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X JOSE ROMERO, Plaintiff, VERIFIED ANSWER -against- Index No. 153338/2023 LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. ---------------------------------------------------------------------X Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK h/r/a (“COLUMBIA”), by its attorneys, RIVKIN RADLER LLP, states upon information and belief for its answer to Plaintiff’s Complaint: THE PARTIES 1. Defendant, COLUMBIA, denies having knowledge or information sufficient to form a belief as to the allegations contained in paragraphs “1” and “2” of Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. 2. Defendant, COLUMBIA, denies the allegations contained in paragraphs “3” and “4” of Plaintiff’s Complaint in the form alleged except admits that at all times hereinafter mentioned, COLUMBIA was a New York corporation and a non-profit institution of higher education formed by Special Act of legislature, and respectfully refers all questions of law to this Honorable Court. 3. Defendant, COLUMBIA, admits the allegations contained in paragraph “5” of Plaintiff's Complaint. ANSWERING THE FIRST CAUSE OF ACTION 4. Answering paragraph “6” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 2 2 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 5. Defendant, COLUMBIA, admits the allegations contained in paragraph “7” of Plaintiff's Complaint. 6. Defendant, COLUMBIA, denies the allegations contained in paragraphs “8” and “9” of Plaintiff’s Complaint in the form alleged except admits that at all times hereinafter mentioned, there was ongoing construction and/or renovation to a portion of the premises located at 562 W. 113th Street, New York, NY, and respectfully refers all questions of law to this Honorable Court. 7. Defendant, COLUMBIA, denies the allegations contained in paragraphs “11” through “23” of Plaintiff’s Complaint in the form alleged except admits there existed an agreement (“Agreement”) entered into by and between Columbia, as “Owner,” and Lawrence Exterior Restoration Corp. (“LAWRENCE”), as “Contractor,” and dated as of which Agreement was in full force and effect at the time of the alleged incident and controlling upon the relative rights and responsibilities of the parties thereto, that LAWRENCE conducting construction and/or renovation at the premises located at 562 W. 113th Street, New York, NY pursuant to that Agreement and respectfully refers all questions of law to this Honorable Court. ANSWERING THE SECOND CAUSE OF ACTION 8. Defendant, COLUMBIA, denies the allegations contained in paragraphs “24” through “33” of Plaintiff’s Complaint in the form alleged and respectfully refers all questions of law to this Honorable Court. 9. Answering paragraph “34” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 10. Defendant, COLUMBIA, denies the allegations contained in paragraphs “35,” “36,” and “37” of Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE THIRD CAUSE OF ACTION 11. Answering paragraph “38” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 12. Defendant, COLUMBIA, denies the allegations contained in paragraphs “39,” “40” and “41” of 3 3 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE FOURTH CAUSE OF ACTION 13. Answering paragraph “42” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 14. Defendant, COLUMBIA, denies the allegations contained in paragraphs “43,” “44”” and “45” of Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE FIFTH CAUSE OF ACTION 15. Answering paragraph “46” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 16. Defendant, COLUMBIA, denies the allegations contained in paragraphs “47” and “48” of Plaintiff’s Complaint in the form alleged except admits that at all times hereinafter mentioned, COLUMBIA was the record owner of premises located at 562 W. 113th Street, New York, NY and respectfully refers all questions of law to this Honorable Court. 17. Defendant, COLUMBIA, denies the allegations contained in paragraphs “49” through “52” of Plaintiff’s Complaint in the form alleged except admits that at all times hereinafter mentioned, COLUMBIA operated, maintained and controlled premises located at 562 W. 113th Street, New York, NY. 18. Defendant, COLUMBIA, denies the allegations contained in paragraph “53” of Plaintiff’s Complaint in the form alleged except admits there existed an Agreement entered into by and between Columbia, as “Owner,” and Lawrence, as “Contractor,” and dated as of which Agreement was in full force and effect at the time of the alleged incident and controlling upon the relative rights and responsibilities of the parties thereto, that LAWRENCE conducting construction and/or renovation at the premises located at 562 W. 113th Street, New York, NY pursuant to that Agreement and respectfully refers all questions of law to this Honorable Court. 19. Defendant, COLUMBIA, denies the allegations contained in paragraphs “54” through “73” of Plaintiff’s Complaint in the form alleged and respectfully refers all questions of law to this Honorable Court. 4 4 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 ANSWERING THE SIXTH CAUSE OF ACTION 20. Answering paragraph “74” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 21. Defendant, COLUMBIA, denies the allegations contained in paragraphs “75,” “76” and “77” of Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE SEVENTH CAUSE OF ACTION 22. Answering paragraph “78” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 23. Defendant, COLUMBIA, denies the allegations contained in paragraphs “79,” “80” and “81” of Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE EIGHTH CAUSE OF ACTION 24. Answering paragraph “82” of Plaintiff’s Complaint herein, defendant, COLUMBIA, repeats and reiterates each and every denial heretofore made in answer to the allegations contained therein, with the same force and effect as though more fully set forth at length herein. 25. Defendant, COLUMBIA, denies the allegations contained in paragraphs “83,” “84” and “85” of Plaintiff’s Complaint and respectfully refers all questions of law to this Honorable Court. AS AND FOR A FIRST CROSS-CLAIM AGAINST LAWRENCE BY THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK FOR COMMON LAW CONTRIBUTION 26. While denying negligence or liability of any kind, nature or description, defendant, COLUMBIA, asserts that any such liability that may be attributed to it will be passive, secondary, vicarious and arise purely by operation of law; whereas the negligence and/or liability of defendant, LAWRENCE, will be active, primary, direct and arise as a result of its own culpable acts. 27. If the plaintiff recovers herein, it will be by virtue of the recklessness, carelessness and negligence of defendant, LAWRENCE, and not of the defendant, COLUMBIA, for which COLUMBIA demands judgment 5 5 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 for contribution according to the respective degrees of negligence of COLUMBIA to be ascertained, determined and adjudicated at trial. AS AND FOR A SECOND CROSS-CLAIM AGAINST LAWRENCE BY THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK FOR COMMON LAW INDEMNIFICATION 28. While denying negligence or liability of any kind, nature or description, defendant, COLUMBIA, asserts that any such liability that may be attributed to it will be passive, secondary, vicarious and arise purely by operation of law; whereas the negligence and/or liability of defendant, LAWRENCE, will be active, primary, direct and arise as a result of its own culpable acts. 29. If the plaintiff recovers herein, it will be by virtue of the recklessness, carelessness and negligence of defendant, LAWRENCE, and not of defendant, COLUMBIA, for which COLUMBIA demands judgment for indemnification as against defendant, LAWRENCE. AS AND FOR A THIRD CROSS-CLAIM AGAINST LAWRENCE BY THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK FOR CONTRACTUAL INDEMNIFICATION 30. That all times herein mentioned, there existed between COLUMBIA, as Owner, and LAWRENCE, as Contractor, an Agreement to perform construction and/or renovation work at the premises referenced in Plaintiff’s Complaint which Agreement was in full force and effect at the time referenced in the Complaint and which Agreement set forth the relative rights and responsibilities of the parties thereto. 31. That pursuant to the terms and conditions of the Agreement, LAWRENCE, as Contractor, was obligated to defend and indemnify COLUMBIA in connection with or arising out of or relating to the performance of Work by the Contractor, subcontractors and suppliers, and anyone directly or indirectly employed or retained by any of them. 32. That pursuant to the terms and conditions of the Agreement, LAWRENCE, as Contractor, was obligated to obtain commercial general liability insurance coverage for bodily injury and property damage and to name COLUMBIA, as an additional insured on said insurance policy of insurance. 33. That pursuant to the terms and conditions of the Agreement demand was duly made upon LAWRENCE to provide defense and indemnification for COLUMBIA in connection with the claims asserted in 6 6 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 Plaintiff’s Complaint. 34. That pursuant to the terms and conditions of the Agreement, COLUMBIA is and shall be entitled to recover the costs it incurs in connection with its defense of this matter, including all attorneys’ fees and expenses regardless of the outcome of this litigation. 35. That pursuant to the terms and conditions of the Agreement, in the event of a settlement or a judgment entered in favor of the plaintiff, COLUMBIA shall be entitled to indemnification for any monies paid by or on its behalf in connection with a settlement or judgment entered herein, including recovery of attorneys’ fees and expenses. 36. That if the plaintiff recovers herein as against COLUMBIA such recovery shall be the result of the carelessness and negligence of the Contractor, the contractors, subcontractors and/or suppliers or their respective officers, agents and employees and not of the defendant, COLUMBIA, for which COLUMBIA demands judgment for indemnification as against defendant, LAWRENCE, pursuant to the terms and conditions of the Agreement. AS AND FOR A FOURTH CROSS-CLAIM AGAINST LAWRENCE BY THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK FOR BREACH OF CONTRACT 37. That LAWRENCE has breached the terms and conditions of the Agreement referenced herein by failing to indemnify and hold harmless COLUMBIA in connection with the claims asserted by Plaintiff herein. 38. That LAWRENCE has breached the terms and conditions of the Agreement referenced herein by failing to procure commercial general liability insurance naming COLUMBIA as an additional insured in connection with the claims asserted by Plaintiff herein. 39. That LAWRENCE has breached the terms and conditions of the Agreement referenced herein by failing to procure commercial general liability insurance with sufficient coverage limits. 40. That if Plaintiff recovers herein as against COLUMBIA, such recovery shall be the result of the carelessness and negligence of the Contractor, the contractors, subcontractors and/or suppliers or their respective officers, agents and employees and not of the defendant, COLUMBIA, for which COLUMBIA demands judgment costs associated with LAWRENCE’s breach. 7 7 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 AS AND FOR A FIRST AFFIRMATIVE DEFENSE 41. If Plaintiff did sustain injuries as alleged in the Complaint, which COLUMBIA specifically denies, such injuries were caused, in whole or in part, or were contributed to, by reason of the acts, omissions, wrongs, carelessness, negligence, want of care and culpable conduct of Plaintiff and not by any acts, omissions, wrongs, carelessness, negligence, want of care, culpable conduct of COLUMBIA, and Plaintiff’s recovery, if any, should be barred or reduced in accordance with the doctrine of comparative negligence. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 42. If the liability of COLUMBIA is found to be 50% or less of the total liability assigned to all persons liable, the liability of COLUMBIA to Plaintiff for non-economic loss shall not exceed COLUMBIA’s equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss, pursuant to CPLR Article 16. AS AND FOR A THIRD AFFIRMATIVE DEFENSE 43. Upon information and belief, any past/future costs or expenses incurred or to be incurred by Plaintiff for medical, dental or custodial care, rehabilitative services or loss of earnings were, or with reasonable certainty, will be replaced or indemnified, in whole or in part, from collateral sources as defined in CPLR § 4545(c). AS AND FOR A FOURTH AFFIRMATIVE DEFENSE 44. Defendant, COLUMBIA, alleges that the plaintiff was a recalcitrant worker. AS AND FOR A FIFTH AFFIRMATIVE DEFENSE 45. That whatever injuries and/or damages were sustained by Plaintiff at the time and place alleged in the Complaint were the result of Plaintiff’s assumption of risk in realizing and knowing the hazards and dangers thereof and that Plaintiff assumed all risks necessarily incidental to such an undertaking. Therefore, the injuries and/or damages alleged in the Complaint were caused, in whole or in part, by Plaintiff’s culpable conduct, including contributory negligence and assumption of the risk and, accordingly, any verdict or judgment in favor of Plaintiff must be reduced by that percentage of all of the culpable conduct which caused the plaintiff’s damages which the trier of fact apportions to Plaintiff. 8 8 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 AS AND FOR A SIXTH AFFIRMATIVE DEFENSE 46. Plaintiff is barred from recovery by virtue of Plaintiff having failed to take appropriate steps to avoid and/or mitigate Plaintiff’s damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE 47. The defendant lacked actual or constructive notice of the dangerous condition alleged in the Plaintiff’s Complaint. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE 48. The exclusive remedy for Plaintiff’s illness and/or injury is limited to the applicable Workers’ Compensation Statutes. AS AND FOR A NINTH AFFIRMATIVE DEFENSE 49. The culpable conduct of those responsible for the accident or the occurrence alleged in the Complaint constituted a separate, independent, superseding, intervening culpable act or acts which constitute the sole proximate cause of the accident or occurrence alleged herein. AS AND FOR A TENTH AFFIRMATIVE DEFENSE 50. Plaintiff’s injuries, if any, were increased or caused by Plaintiff’s failure or neglect to properly utilize safety equipment at the time of the occurrence, and, therefore, Plaintiff may not recover for those injuries which would not otherwise have been sustained. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE 51. Plaintiff’s injuries, if any, were increased or caused by Plaintiff’s failure to properly utilize materials which were an integral part of the work that Plaintiff was engaged in at the time of the incident alleged in the Complaint. 9 9 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 WHEREFORE, defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, demands judgment dismissing Plaintiff’s Complaint herein, together with the costs, disbursements and expenses of this action including attorney's fees. Dated: Uniondale, New York July 19, 2023 Yours, etc., RIVKIN RADLER LLP Attys. for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK 926 RXR Plaza-10th Floor Uniondale, NY 11556-0926 (516) 357-3289/3333-Fax # RR File No. 21519-1537 TO: ALL PARTIES VIA NYSCEF 10 10 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 11 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X JOSE ROMERO, Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- Index No. 153338/2023 LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendant. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that defendant, COLUMBIA, hereby demands that you serve upon the undersigned attorneys within thirty (30) days from the date of service of this demand, a Verified Bill of Particulars, pursuant to CPLR §§ 3042, 3043 and 3044, of the following matters: 1. State the plaintiff’s social security number. 2. State the date and place of plaintiff’s birth. 3. State the plaintiff’s current residence address. 4. State the plaintiff’s residence address at the time of this alleged occurrence. 5. State the date and time of day of the occurrence. 6. State the exact location of the occurrence. 7. If the occurrence took place on a premises, set forth the location therein, giving floor number and location thereon so as to be readily identified: if upon a sidewalk or exterior of premises, the distance from the curb and building line and other fixed object. 8. State the streets, including reference to intersections, crosswalks, corners or curbs, where necessary, to accurately locate the place. 9. State the manner in which it will be claimed that this incident occurred. 10. Give a general description of the occurrence together with identification and descriptions of any 12 12 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 defects or instrumentalities allegedly causing or contributing to the alleged occurrence. 11. State all the acts and/or omissions constituting the negligence claimed. 12. State any and all laws, rules, regulations and ordinances that are claimed to be either applicable to the occurrence or to have been violated by the answering defendant. 13. State all sections of the Industrial Code that are claimed to be either applicable to the occurrence or to have been violated by the answering defendant. 14. Set forth whether actual or constructive notice of any defective or dangerous condition or activity is claimed and, if so, set forth the nature and extent of such condition or activity. 15. If actual notice is claimed, set forth the following: a. The date of each notice. b. The names of the agents and/or servants of answering defendant to whom actual notice was allegedly given, and the date each notice was given. c. By whom the actual notice was allegedly given on each of such dates. d. The substance of each said notice. e. If oral, state the name and address of the person giving such notice and the substance thereof. f. If written, annex a true copy of the notice thereof. 16. If constructive notice is claimed, the length of time is not known, so state. 17. State the nature and extent of all of the injuries claimed. 18. Specify the injuries claimed to be permanent. 19. Accurately state the length of time the plaintiff was confined to bed and house. 20. State the name of each hospital, clinic or institution where any treatment or examination was rendered and the length of time, if any, the plaintiff was confined there. If not confined to any hospital, etc., so- 13 13 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 state. 21. If it is claimed that the plaintiff was treated by any physicians other than a physician at a hospital and/or clinic, give the name of each and every physician and the addresses. Accurately state the number of visits it is claimed the plaintiff made to each physician, if any, specified above. 22. State the nature of plaintiff’s employment. 23. State the name and address of plaintiff’s employer. 24. State the length of time the plaintiff was incapacitated from employment. 25. State the nature and/or type of work customarily performed by the plaintiff. 26. If plaintiff was self-employed, state the nature of his self-employment and business address. 27. State the total amount claimed as lost earnings, including a detailed statement as to how such lost earnings were computed. 28. If the plaintiff was a student, give the name and address of the school the plaintiff attended at or about the time of the accident, and accurately state the length of time the plaintiff was incapacitated from attending said school. 29. State the total amount plaintiff is claiming as special damages for: a. Physicians’ expenses. b. Medical expenses. c. Nurses’ expenses. d. Hospital expenses. e. Any other expenses which it is claimed resulted from this occurrence. 30. State whether any other action is pending by plaintiff subject to recovering damages for the same injuries arising out of the same accident that is the subject matter of this lawsuit. 31. State any other claim or demand with which plaintiff intends to charge answering defendant upon the trial of this action. 32. State the negligent acts of commission or omission of answering defendant to be relied upon at the time of trial. 14 14 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 33. Set forth how plaintiff arrived at the sum demanded in the complaint, including: a. Which portion of the foregoing was for medical bills and expenses and other items of special damages. b. Which portion, if any, was for other losses. c. Specify the services that will be claimed to have been lost by plaintiff as a result of this incident and for how long a period of time. d. Set forth any other damage or loss plaintiff claims to have sustained as a result of the alleged occurrence. PLEASE TAKE FURTHER NOTICE that your failure to furnish the requested Verified Bill of Particulars within the statutory period of thirty (30) days, a Motion to Dismiss the Complaint will be made, or, in the alternative, a Motion to Preclude Plaintiff from giving any evidence of items for which particulars, though demanded, have not been furnished. Dated: Uniondale, New York July 19, 2023 Yours, etc., RIVKIN RADLER LLP Attys. for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK 926 RXR Plaza-10th Floor Uniondale, NY 11556-0926 (516) 357-3289/3333-Fax # RR File No. 21519-1537 TO: ALL PARTIES VIA NYSCEF 15 15 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------X JOSE ROMERO, Plaintiff, COMBINED DEMANDS -against- Index No. 153338/2023 LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendant. ---------------------------------------------------------------------X COUNSELORS: I. DEMAND FOR DISCLOSURE OF MEDICARE/MEDICAID BENEFITS AND/OR ELIGIBILITY PLEASE TAKE NOTICE that demand is hereby made that Plaintiff provide the following information pursuant to 42 U.S.C. § 1395y(b)(8)(A): 1. Has Plaintiff been the recipient of Medicare/Medicaid benefits? 2. Is he currently the recipient of Medicare/Medicaid benefits? 3. If he has received or is currently receiving Medicare/Medicaid benefits, please provide the following: a. The full name under which he was/is receiving Medicare/Medicaid benefits; b. His full address, including city, state and zip code; c. His telephone number; d. His e-mail address; e. His date of birth; f. His social security number; and g. His Medicare/Medicaid beneficiary number (HICN). 4. If he has not received Medicare/Medicaid benefits in the past or is not receiving Medicare/Medicaid benefits now, state whether he is eligible to receive Medicare/Medicaid benefits. 16 16 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 5. If he has been receiving Medicare/Medicaid benefits and is now deceased, please provide the following: a. Relationship of the administrator of his estate to Plaintiff’s decedent; b. Name and address of his estate administrator; c. Telephone number and e-mail address of his estate administrator; and d. Social security number of Plaintiff’s estate’s administrator. II. DEMAND FOR WITNESS INFORMATION PLEASE TAKE NOTICE, that pursuant to CPLR § 3101, all counsel is required to produce at the offices of the undersigned attorneys within twenty (20) days from the date hereof, any and all names and addresses of persons: 1. Claimed to have witnessed the occurrence alleged in the Complaint; 2. Claimed to have firsthand knowledge of the occurrence alleged in the Complaint; 3. Claimed to be witnesses to the scene of the occurrence alleged in the Complaint, either immediately before or after such occurrence took place; 4. Claimed to be witnesses to any acts, omissions or conditions which allegedly caused the occurrence alleged in the Complaint; 5. Claimed to be witnesses to any actual notice allegedly given to defendant of any condition which allegedly caused the occurrence alleged in the Complaint; and 6. Claimed to have witnessed the nature and duration of any alleged condition which allegedly caused the occurrence alleged in the Complaint. PLEASE TAKE FURTHER NOTICE, that your failure to provide the information demanded within twenty (20) days of the date of this Demand, will leave you subject to the provisions of the CPLR. III. DEMAND FOR PARTY STATEMENTS PLEASE TAKE NOTICE, that pursuant to CPLR § 3120, you are hereby required to produce at the offices of the undersigned attorneys within twenty (20) days from the date herein, any statements made by the defendant or the statements of any of its employees or the statements of former employees relating to the issues in this matter. IV. DEMAND FOR EXPERT WITNESS DISCLOSURE PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR § 3101(d) to produce: 17 17 of 24 FILED: NEW YORK COUNTY CLERK 09/29/2023 07/19/2023 11:42 02:36 AM PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 18 10 RECEIVED NYSCEF: 09/29/2023 07/19/2023 (a) The name of every person Plaintiff expects to call as an expert witness at the time of the trial of the above-captioned action; and (b) A detailed written statement as to: