Preview
FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
-----------------------------------------------Ç
ROSA MARGOLLA RIVERA and KATILIA LOPEZ,
Plaintiff, VERIFIED BILL OF
PARTICULARS
-against-
Index No.: 57394/2023
JENNIFER MEDINA LUQUIS,
Defendant.
------...-....-------------------------------------X
Plaintiff, KATILIA LOPEZ by her attorneys, GREENBERG & STEIN, P.C., responding to
the demands of Defendant for a Verified Bill of Particulars, allege(s), upon information and belief:
1. Plaintiff KATILIA LOPEZ resides at 160 Amackassin Terrace, Apt. 3W, Yonkers, NY
10703.
Objection. Plaintiff objects to the demand for date of birth number as privileged, being a
disclosure of private information likely to be publicly filed. Due to danger of identity theft, said
information need not be provided pursuant to Court Rule 202.5(e).
Objection. Plaintiff objects to the demand for a Social Security number as privileged, as
being a disclosure of private information likely to be publicly filed, due to danger of identity theft.
(August E-
2, 2004 Amendment to the government Act of 2002, Administrative Order 2004-09, Chief
Judge Edward R. Korman, dated October 2004, United States District Court, Eastern District of New
York, which prohibits the disclosure of Social Security numbers in documents likely to be filed either
electronically or in paper form).
Objection. Plaintiff objects to the demand for a Social Security number pursuant to
Ahamed, et al. v. CABS Nursing Home, Supreme Court, Nassau County, Index # 8512/08, which held
such disclosure would have the inevitable effect of making information available to the public.
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2. The occurrence complained of took place on April 15, 2022 at or about 6:30PM.
3. The occurrence complained of took place on Poplar Street at its intersection with Beech
Street, Yonkers, New York.
4. Objection. Said demands requests information evidentiary in nature and as such is
improper for a bill of particulars. It is well settled law that the purpose of a bill of particulars is of
material"
"limited scope and may not be used to gain evidentiary Arroyo v. Fourteen Estusia Corp., 598
N.Y.S.2d 471 (1st Dept. 1993); Bouton v. County of Suffolk, 125 A.D.2d 620, 509 N.Y.S.2d 846 (2nd
Dept. 1986). However, without waiving said objection, please refer to the annexed copy of the Police
Accident Report.
5. The above stated occurrence, and the results thereof, were in no way due to any
negligence on the part of the Plaintiff contributing thereto, but were caused solely and wholly by the
negligence of the Defendant(s) in the ownership, operation, management, maintenance and control of
her said motor vehicle(s); the Defendant(s) was negligent in that she failed and neglected to operate,
manage and control her motor vehicle(s) in a proper, reasonable, prudent and safe manner so as to avoid
the collision, although she could have done so; failed and neglected to properly and adequately slow,
stop or otherwise decrease the speed of her motor vehicle(s) so as to avoid the occurrence, although she
could have done so; failed and neglected to decrease the speed of her motor vehicle(s) when
approaching an intersection; operated her motor vehicle(s) at an unreasonable and improper rate of
speed under the circumstances then and there prevailing; failed and neglected to obey traffic lights and
other traffic signals in and upon the intersection, although she should have done so; failed and neglected
to turn, swerve or otherwise steer her motor vehicle(s) in such a way so as to avoid the collision,
although she could have done so; failed and neglected to keep a proper, or any, lookout in and upon the
roadway; failed and neglected to observe the conditions then and there existing in and upon the
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roadway; failed and neglected to honk her horn(s) or otherwise give warning of her approach and of
impending danger; failed and neglected to yield the right of way; failed and neglected to make proper
use of any signaling or sounding devices; failed and neglected to maintain her motor vehicle(s), and
more particularly the steering, braking, signaling devices and tires, in proper working condition although
she could have done so; failed and neglected to proceed with increased caution when entering an
intersection; failed to operate her vehicle(s) with due regard to the rights and safety of the Plaintiff;
operated her said motor vehicle(s) in a manner which unreasonably endangered the Plaintiff; failed to
properly steer, guide, manage and control her said motor vehicle(s); failed to apply the brakes or slow
down or stop in such a manner as would have prevented the occurrence; failed to make adequate and
timely observation of, and respond to conditions; failed to observe signs and signals prevailing at the
time and place of the occurrence; failed to keep a proper look-out when controlling her said motor
vehicle(s); failed to properly maintain her said vehicle(s) according to law; failed to give adequate and
timely signal, notice or warning; operated her said motor vehicle(s) in violation of the traffic rules,
regulations, statutes and ordinances in such cases made and provided; and Defendant(s) was careless,
reckless and negligent in the ownership, maintenance, operation and control of her said motor vehicle(s).
6. Defendants violated all applicable sections of the New York State Vehicle and Traffic
Law and the New York City Traffic Rules and Regulations concerning the safe and proper operation of
a motor vehicle upon the public ways and streets of the State of New York including but not limited to
Vehicle and Traffic Law Sections 375, 1101, 1102, 1105, 1110, 1111, 1113, 1115, 1120, 1121, 1122,
1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1160,
1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182,
1192, 1192-a, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218,
1219, 1220, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251,
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1252, and 1252 of the Vehicle and Traffic Law of the State of New York and Sections 4-03, 4-04, 4-05,
4-06, 4-07, 4-08, 4-09 and 4-12 of the Traffic Regulations of the City of New York, along with all other
applicable Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the
time of trial.
7. Not applicable.
8. Not applicable.
9. As a result of the occurrence, the Plaintiff KATILIA LOPEZ sustained the following
personal injuries, all of which are alleged to be of a permanent nature:
THORACIC SPINE:
MRI OF THE THORACIC SPINE PERFORMED ON JULY 1, 2022 REVEALED:
-PUNCTATE LEFT PARACENTRAL DISC HERNIATION AT THE T5-T6
LEVEL WITH LIMITED THECAL SAC INDENTATION;
CERVICAL SPINE:
MRI OF THE CERVICAL SPINE PERFORMED ON JULY 1, 2022 REVEALED:
-BROAD RIGHT PREDOMINANT POSTERIOR DISC HERNIATION AT THE
C3-C4 LEVEL IMPRESSING ON THE RIGHT GREATER THAN LEFT
VENTRAL CORD FLATTENING ITS CONTOUR WITH CENTRAL SPINAL
STENOSIS;
-RIGHT POSTEROLATERAL EXTENSION OF THE DISC HERNIATION AT
THE C3-C4 LEVEL WITH EXTRUSION INTO AND NARROWING THE
RIGHT NEURAL FORAMEN AND ANTERIOR RECESS CAUSING
PROMINENT STENOSIS AND RIGHT C4 NERVE ROOT IMPINGEMENT;
-BROAD RIGHT PREDOMINANT POSTERIOR DISC HERNIATION AT THE
C4-C5 LEVEL IMPRESSING ON THE RIGHT GREATER THAN LEFT
VENTRAL CORD WITH CENTRAL SPINAL STENOSIS;
-BROAD EXTENSION OF THE DISC PERIPHERALLY INTO AND
NARROWING THE LEFT NEURAL FORAMEN WITH LEFT LATERAL
EXTRUSION CAUSING LEFT FORAMINAL STENOSIS AND LEFT C5 NERVE
ROOT IMPINGEMENT;
-SUBLIGAMENTOUS POSTERIOR DISC BULGING AT THE CS-C6 LEVEL;
-SUBLIGAMENTOUS POSTERIOR DISC BULGING AT THE C6-C7 LEVEL;
-SUBLIGAMENTOUS DISC BULGING AT THE C2-C3 LEVEL;
-COMPLEX NODULAR LESION APPROXIMATELY 1.2 CM IN SIZE
INVOLVING THE RIGHT MID THYROID LOBE ;
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Plaintiff, KATILIA LOPEZ, has sustained all those injuries as set forth in the medical records
of Doctor:
Name From To Amount
North Broadway Chiro & PT, PLLC 04/29/2022 12/05/2022 $4,375.00
North Yonkers Chiropractic Services, PC 04/29/2022 01/24/2023 $4,765.74
Stand Up MRI of Yonkers 07/01/2022 07/01/2022 $1,416.13
____________
Total: $10,556.87
and an authorization for such records will follow under a separate cover. A copy of said records are
annexed hereto and incorporated into this response.
10. If defendants claim Plaintiff's conditions are age related or otherwise pre-existing then
Plaintiff claims that these conditions were exacerbated, aggravated, activated, precipitated and
accelerated by the occurrence herein requiring the treatment and surgeries received. Additionally, in the
event that the injuries to the Plaintiff were superimposed upon any pre-existing conditions which may
have contributed to the extent and severity of her injuries and rendered her more prone or susceptible to
further injury, then such pre-existing conditions or susceptibility, if any, were aggravated, activated,
precipitated, accelerated and acted upon by the injuries sustained by her in the subject occurrence.
All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and
involvements are associated with further soft tissue injuries to the areas traumatically affected,
including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments,
tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to
the specific portions of the body mentioned hereinabove, including exacerbation of asymptomatic disc
disease, if existing, with resultant scars, hemorrhage, pain, ecchymosis, deformity and disability;
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stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss
of use of the abovementioned parts.
The Plaintiff reserves the right to prove any and all further consequences and any and all
further medical expenses up to and at the time of trial.
Upon information and belief, all of the above injuries are permanent and continuing in
nature, except for objective signs of contusions and abrasions.
The Plaintiff suffered, still suffers, and upon information and belief will continue to
suffer pain, discomfort and limited movement of the injured portions of her body, including the adjacent
and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues.
11. Plaintiff KATILIA LOPEZ was not confmed to hospital as a result of the occurrence.
(b). Plaintiff KATILIA LOPEZ was confined to bed for period of approximately 1 week
immediately following the accident.
(c). Plaintiff KATILIA LOPEZ was confined to home for a period of period of
approximately 2 weeks immediately following the accident.
(d). Plaintiff KATILIA LOPEZ was totally disabled for period of approximately 2 weeks
immediately and remains partially disabled to this day as a result of the accident.
(e). See paragraph 11(d).
12. Plaintiff KATILIA LOPEZ is employed by Dr. Lori Auster located at 280 Mamaroneck
Avenue, Suite 211, White Plains, NY 10605. Plaintiff KATILIA LOPEZ is employed as a Dental
Assistant. Plaintiff KATILIA LOPEZ earned approximately $400.00 per week. Plaintiff KATILIA
LOPEZ has been unable to work for a period of approximately 2 weeks, and intermittently thereafter, as
a result of the occurrence. Plaintiff KATILIA LOPEZ has lost approximately $800.00 in earnings as a
result of the accident.
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13. Plaintiff KATILIA LOPEZ sustained special damages as follows:
Physicians'
a. Services: $10,556.87
b. Medical Supplies: To be Supplied, if any
c. Hospital Expenses: Not Applicable
d. X-Ray Services: Not Applicable
e. Nursing Services: Not Applicable
f. Lost Earnings: Approximately $800.00
g. Other Expenses: To be Supplied, if any
person(s)"
14. Plaintiff is a "covered as defined by Article 51 of the Insurance Law of the
State of New York. The carrier providing first party benefits is Allstate Insurance Company, P.O. Box
2874, Clinton, IA 52733.
15. Plaintiff(s) sustained serious injury as defined by Section 5102 of the Insurance Law of
the State of New York in that Plaintiff(s) sustained a personal injury which resulted in death;
dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body
organ, member, function or system; permanent consequential limitation of use of a body organ or
member; significant limitation of use of a body function or system; or a medically determined injury or
impairment of a non-permanent nature which prevents the injured person from performing substantially
all of the material acts which constitute such person's usual and customary daily activities for not less
than ninety days during the one hundred eighty days immediately following the occurrence of the injury
or impairment.
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Plaintiff(s) sustained economic loss in excess of basic economic loss as defined by
Section 5102 of the Insurance Law of the State of New York in that Plaintiff(s) has/have, or will incur
medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services;
psychiatric, physical and occupational therapy and rehabilitation; any other professional health services
and all other reasonable and necessary expenses that have or will exceed FIFTY THOUSAND
($50,000.00) DOLLARS.
16. Not applicable.
17. Objection. Said demands requests information evidentiary in nature and as such is
improper for a bill of particulars. It is well settled law that the purpose of a bill of particulars is of
material"
"limited scope and may not be used to gain evidentiary Arroyo v. Fourteen Estusia Corp., 598
N.Y.S.2d 471 (1st Dept. 1993); Bouton v. County of Suffolk, 125 A.D.2d 620, 509 N.Y.S.2d 846 (2nd
Dept. 1986).
18. Not applicable.
19. Not applicable.
20. Not applicable.
Dated: New York, New York
August 7, 2023
Yours, etc.,
S M. GREENBERG, ESQ.
REENBERG & STEIN, P.C.
Attorney for Plaintiff(s)
KATILIA LOPEZ
420 Lexington Avenue, Suite 2 0
New York, New York 10170
(212) 681-2535
Our File No. 7276
Seth@greenbergandstein.com
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TO:
FRANCIS J. SCAHILL, ESQ.
DEBORAH S. REED, ESQ.
SCAHILL LAW GROUP PC
Attorney for Defendant(s)
JENNIFER MEDINA LUQUIS
1065 Stewart Avenue - Suite 210
Bethpage, NY 11714
(516) 294-5200
frank@scahillpe.com
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ATTORNEY'S VERIFICATION
SETH M. GREENBERG, an attorney duly admitted to practice before the Courts of the State
of New York, affirms the following to be true under the penalties of perjury:
I am an attorney at GREENBERG & STEIN, P.C., attorneys of record for Plaintiff, KATILIA
LOPEZ, in the action within. I have read the annexed
VERIFIED BILL OF PARTICULARS
and know the contents thereof, and the same are true to my knowledge, except those matters therein
which are stated to be alleged upon information and belief, and as to those matters, I believe them to be
true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and
other pertinent information contained in my files.
This verification is made by me because Plaintiff(s) is/are not presently in the county wherein I
maintain my offices.
DATED: New York, New York
August 7, 2023
S H M. GREENBERG
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
------------------..-....----------...-.......-------------Ç
ROSA MARGOLLA RIVERA and KATILIA LOPEZ,
RESPONSE TO
Plaintiff, DEFENDANT'S
COMBINED DEMANDS
-against-
Index No.: 57394/2023
JENNIFER MEDINA LUQUIS,
Defendant.
--...--...---------------------------..-------------X
Plaintiff, KATILIA LOPEZ by her attorneys, GREENBERG & STEIN, P.C., as and for a
response to Defendant JENNIFER MEDINA LUQUIS's, Combined Demands dated 03/16/23,
allege(s) upon information and belief, as follows:
1. The requested document is a matter of public record, but as a courtesy to Defendant(s),
annexed hereto is a copy of the police accident report relating to the incident herein.
2. Plaintiff is not in possession of any adverse party statements at this time, however, she
reserves her right to provide same should any become available.
3. The following parties have appeared in the within action:
SETH M. GREENBERG, ESQ.
GREENBERG & STEIN, P.C.
Attorney for Plaintiff(s)
KATILIA LOPEZ
420 Lexington Avenue, Suite 2450
New York, New York 10170
(212) 681-2535
Our File No. 7276
Seth@areenbergandstein.com
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PAUL J. CAMPSON, ESQ.
CAMPSON & CAMPSON
Attomeys
Preview
FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER -----------------------------------------------Ç ROSA MARGOLLA RIVERA and KATILIA LOPEZ, Plaintiff, VERIFIED BILL OF PARTICULARS -against- Index No.: 57394/2023 JENNIFER MEDINA LUQUIS, Defendant. ------...-....-------------------------------------X Plaintiff, KATILIA LOPEZ by her attorneys, GREENBERG & STEIN, P.C., responding to the demands of Defendant for a Verified Bill of Particulars, allege(s), upon information and belief: 1. Plaintiff KATILIA LOPEZ resides at 160 Amackassin Terrace, Apt. 3W, Yonkers, NY 10703. Objection. Plaintiff objects to the demand for date of birth number as privileged, being a disclosure of private information likely to be publicly filed. Due to danger of identity theft, said information need not be provided pursuant to Court Rule 202.5(e). Objection. Plaintiff objects to the demand for a Social Security number as privileged, as being a disclosure of private information likely to be publicly filed, due to danger of identity theft. (August E- 2, 2004 Amendment to the government Act of 2002, Administrative Order 2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court, Eastern District of New York, which prohibits the disclosure of Social Security numbers in documents likely to be filed either electronically or in paper form). Objection. Plaintiff objects to the demand for a Social Security number pursuant to Ahamed, et al. v. CABS Nursing Home, Supreme Court, Nassau County, Index # 8512/08, which held such disclosure would have the inevitable effect of making information available to the public. 1 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 2. The occurrence complained of took place on April 15, 2022 at or about 6:30PM. 3. The occurrence complained of took place on Poplar Street at its intersection with Beech Street, Yonkers, New York. 4. Objection. Said demands requests information evidentiary in nature and as such is improper for a bill of particulars. It is well settled law that the purpose of a bill of particulars is of material" "limited scope and may not be used to gain evidentiary Arroyo v. Fourteen Estusia Corp., 598 N.Y.S.2d 471 (1st Dept. 1993); Bouton v. County of Suffolk, 125 A.D.2d 620, 509 N.Y.S.2d 846 (2nd Dept. 1986). However, without waiving said objection, please refer to the annexed copy of the Police Accident Report. 5. The above stated occurrence, and the results thereof, were in no way due to any negligence on the part of the Plaintiff contributing thereto, but were caused solely and wholly by the negligence of the Defendant(s) in the ownership, operation, management, maintenance and control of her said motor vehicle(s); the Defendant(s) was negligent in that she failed and neglected to operate, manage and control her motor vehicle(s) in a proper, reasonable, prudent and safe manner so as to avoid the collision, although she could have done so; failed and neglected to properly and adequately slow, stop or otherwise decrease the speed of her motor vehicle(s) so as to avoid the occurrence, although she could have done so; failed and neglected to decrease the speed of her motor vehicle(s) when approaching an intersection; operated her motor vehicle(s) at an unreasonable and improper rate of speed under the circumstances then and there prevailing; failed and neglected to obey traffic lights and other traffic signals in and upon the intersection, although she should have done so; failed and neglected to turn, swerve or otherwise steer her motor vehicle(s) in such a way so as to avoid the collision, although she could have done so; failed and neglected to keep a proper, or any, lookout in and upon the roadway; failed and neglected to observe the conditions then and there existing in and upon the 2 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 roadway; failed and neglected to honk her horn(s) or otherwise give warning of her approach and of impending danger; failed and neglected to yield the right of way; failed and neglected to make proper use of any signaling or sounding devices; failed and neglected to maintain her motor vehicle(s), and more particularly the steering, braking, signaling devices and tires, in proper working condition although she could have done so; failed and neglected to proceed with increased caution when entering an intersection; failed to operate her vehicle(s) with due regard to the rights and safety of the Plaintiff; operated her said motor vehicle(s) in a manner which unreasonably endangered the Plaintiff; failed to properly steer, guide, manage and control her said motor vehicle(s); failed to apply the brakes or slow down or stop in such a manner as would have prevented the occurrence; failed to make adequate and timely observation of, and respond to conditions; failed to observe signs and signals prevailing at the time and place of the occurrence; failed to keep a proper look-out when controlling her said motor vehicle(s); failed to properly maintain her said vehicle(s) according to law; failed to give adequate and timely signal, notice or warning; operated her said motor vehicle(s) in violation of the traffic rules, regulations, statutes and ordinances in such cases made and provided; and Defendant(s) was careless, reckless and negligent in the ownership, maintenance, operation and control of her said motor vehicle(s). 6. Defendants violated all applicable sections of the New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning the safe and proper operation of a motor vehicle upon the public ways and streets of the State of New York including but not limited to Vehicle and Traffic Law Sections 375, 1101, 1102, 1105, 1110, 1111, 1113, 1115, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182, 1192, 1192-a, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251, 3 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 1252, and 1252 of the Vehicle and Traffic Law of the State of New York and Sections 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09 and 4-12 of the Traffic Regulations of the City of New York, along with all other applicable Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the time of trial. 7. Not applicable. 8. Not applicable. 9. As a result of the occurrence, the Plaintiff KATILIA LOPEZ sustained the following personal injuries, all of which are alleged to be of a permanent nature: THORACIC SPINE: MRI OF THE THORACIC SPINE PERFORMED ON JULY 1, 2022 REVEALED: -PUNCTATE LEFT PARACENTRAL DISC HERNIATION AT THE T5-T6 LEVEL WITH LIMITED THECAL SAC INDENTATION; CERVICAL SPINE: MRI OF THE CERVICAL SPINE PERFORMED ON JULY 1, 2022 REVEALED: -BROAD RIGHT PREDOMINANT POSTERIOR DISC HERNIATION AT THE C3-C4 LEVEL IMPRESSING ON THE RIGHT GREATER THAN LEFT VENTRAL CORD FLATTENING ITS CONTOUR WITH CENTRAL SPINAL STENOSIS; -RIGHT POSTEROLATERAL EXTENSION OF THE DISC HERNIATION AT THE C3-C4 LEVEL WITH EXTRUSION INTO AND NARROWING THE RIGHT NEURAL FORAMEN AND ANTERIOR RECESS CAUSING PROMINENT STENOSIS AND RIGHT C4 NERVE ROOT IMPINGEMENT; -BROAD RIGHT PREDOMINANT POSTERIOR DISC HERNIATION AT THE C4-C5 LEVEL IMPRESSING ON THE RIGHT GREATER THAN LEFT VENTRAL CORD WITH CENTRAL SPINAL STENOSIS; -BROAD EXTENSION OF THE DISC PERIPHERALLY INTO AND NARROWING THE LEFT NEURAL FORAMEN WITH LEFT LATERAL EXTRUSION CAUSING LEFT FORAMINAL STENOSIS AND LEFT C5 NERVE ROOT IMPINGEMENT; -SUBLIGAMENTOUS POSTERIOR DISC BULGING AT THE CS-C6 LEVEL; -SUBLIGAMENTOUS POSTERIOR DISC BULGING AT THE C6-C7 LEVEL; -SUBLIGAMENTOUS DISC BULGING AT THE C2-C3 LEVEL; -COMPLEX NODULAR LESION APPROXIMATELY 1.2 CM IN SIZE INVOLVING THE RIGHT MID THYROID LOBE ; 4 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 Plaintiff, KATILIA LOPEZ, has sustained all those injuries as set forth in the medical records of Doctor: Name From To Amount North Broadway Chiro & PT, PLLC 04/29/2022 12/05/2022 $4,375.00 North Yonkers Chiropractic Services, PC 04/29/2022 01/24/2023 $4,765.74 Stand Up MRI of Yonkers 07/01/2022 07/01/2022 $1,416.13 ____________ Total: $10,556.87 and an authorization for such records will follow under a separate cover. A copy of said records are annexed hereto and incorporated into this response. 10. If defendants claim Plaintiff's conditions are age related or otherwise pre-existing then Plaintiff claims that these conditions were exacerbated, aggravated, activated, precipitated and accelerated by the occurrence herein requiring the treatment and surgeries received. Additionally, in the event that the injuries to the Plaintiff were superimposed upon any pre-existing conditions which may have contributed to the extent and severity of her injuries and rendered her more prone or susceptible to further injury, then such pre-existing conditions or susceptibility, if any, were aggravated, activated, precipitated, accelerated and acted upon by the injuries sustained by her in the subject occurrence. All of the aforementioned injuries, resulting disabilities, aggravations, exacerbations and involvements are associated with further soft tissue injuries to the areas traumatically affected, including: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilage, blood, tissue, epithelial tissue, all concomitant to the specific injuries and related to the specific portions of the body mentioned hereinabove, including exacerbation of asymptomatic disc disease, if existing, with resultant scars, hemorrhage, pain, ecchymosis, deformity and disability; 5 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts. The Plaintiff reserves the right to prove any and all further consequences and any and all further medical expenses up to and at the time of trial. Upon information and belief, all of the above injuries are permanent and continuing in nature, except for objective signs of contusions and abrasions. The Plaintiff suffered, still suffers, and upon information and belief will continue to suffer pain, discomfort and limited movement of the injured portions of her body, including the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. 11. Plaintiff KATILIA LOPEZ was not confmed to hospital as a result of the occurrence. (b). Plaintiff KATILIA LOPEZ was confined to bed for period of approximately 1 week immediately following the accident. (c). Plaintiff KATILIA LOPEZ was confined to home for a period of period of approximately 2 weeks immediately following the accident. (d). Plaintiff KATILIA LOPEZ was totally disabled for period of approximately 2 weeks immediately and remains partially disabled to this day as a result of the accident. (e). See paragraph 11(d). 12. Plaintiff KATILIA LOPEZ is employed by Dr. Lori Auster located at 280 Mamaroneck Avenue, Suite 211, White Plains, NY 10605. Plaintiff KATILIA LOPEZ is employed as a Dental Assistant. Plaintiff KATILIA LOPEZ earned approximately $400.00 per week. Plaintiff KATILIA LOPEZ has been unable to work for a period of approximately 2 weeks, and intermittently thereafter, as a result of the occurrence. Plaintiff KATILIA LOPEZ has lost approximately $800.00 in earnings as a result of the accident. 6 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 13. Plaintiff KATILIA LOPEZ sustained special damages as follows: Physicians' a. Services: $10,556.87 b. Medical Supplies: To be Supplied, if any c. Hospital Expenses: Not Applicable d. X-Ray Services: Not Applicable e. Nursing Services: Not Applicable f. Lost Earnings: Approximately $800.00 g. Other Expenses: To be Supplied, if any person(s)" 14. Plaintiff is a "covered as defined by Article 51 of the Insurance Law of the State of New York. The carrier providing first party benefits is Allstate Insurance Company, P.O. Box 2874, Clinton, IA 52733. 15. Plaintiff(s) sustained serious injury as defined by Section 5102 of the Insurance Law of the State of New York in that Plaintiff(s) sustained a personal injury which resulted in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. 7 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 Plaintiff(s) sustained economic loss in excess of basic economic loss as defined by Section 5102 of the Insurance Law of the State of New York in that Plaintiff(s) has/have, or will incur medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; psychiatric, physical and occupational therapy and rehabilitation; any other professional health services and all other reasonable and necessary expenses that have or will exceed FIFTY THOUSAND ($50,000.00) DOLLARS. 16. Not applicable. 17. Objection. Said demands requests information evidentiary in nature and as such is improper for a bill of particulars. It is well settled law that the purpose of a bill of particulars is of material" "limited scope and may not be used to gain evidentiary Arroyo v. Fourteen Estusia Corp., 598 N.Y.S.2d 471 (1st Dept. 1993); Bouton v. County of Suffolk, 125 A.D.2d 620, 509 N.Y.S.2d 846 (2nd Dept. 1986). 18. Not applicable. 19. Not applicable. 20. Not applicable. Dated: New York, New York August 7, 2023 Yours, etc., S M. GREENBERG, ESQ. REENBERG & STEIN, P.C. Attorney for Plaintiff(s) KATILIA LOPEZ 420 Lexington Avenue, Suite 2 0 New York, New York 10170 (212) 681-2535 Our File No. 7276 Seth@greenbergandstein.com 8 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 TO: FRANCIS J. SCAHILL, ESQ. DEBORAH S. REED, ESQ. SCAHILL LAW GROUP PC Attorney for Defendant(s) JENNIFER MEDINA LUQUIS 1065 Stewart Avenue - Suite 210 Bethpage, NY 11714 (516) 294-5200 frank@scahillpe.com 9 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 ATTORNEY'S VERIFICATION SETH M. GREENBERG, an attorney duly admitted to practice before the Courts of the State of New York, affirms the following to be true under the penalties of perjury: I am an attorney at GREENBERG & STEIN, P.C., attorneys of record for Plaintiff, KATILIA LOPEZ, in the action within. I have read the annexed VERIFIED BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those matters therein which are stated to be alleged upon information and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon facts, records, and other pertinent information contained in my files. This verification is made by me because Plaintiff(s) is/are not presently in the county wherein I maintain my offices. DATED: New York, New York August 7, 2023 S H M. GREENBERG 10 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ------------------..-....----------...-.......-------------Ç ROSA MARGOLLA RIVERA and KATILIA LOPEZ, RESPONSE TO Plaintiff, DEFENDANT'S COMBINED DEMANDS -against- Index No.: 57394/2023 JENNIFER MEDINA LUQUIS, Defendant. --...--...---------------------------..-------------X Plaintiff, KATILIA LOPEZ by her attorneys, GREENBERG & STEIN, P.C., as and for a response to Defendant JENNIFER MEDINA LUQUIS's, Combined Demands dated 03/16/23, allege(s) upon information and belief, as follows: 1. The requested document is a matter of public record, but as a courtesy to Defendant(s), annexed hereto is a copy of the police accident report relating to the incident herein. 2. Plaintiff is not in possession of any adverse party statements at this time, however, she reserves her right to provide same should any become available. 3. The following parties have appeared in the within action: SETH M. GREENBERG, ESQ. GREENBERG & STEIN, P.C. Attorney for Plaintiff(s) KATILIA LOPEZ 420 Lexington Avenue, Suite 2450 New York, New York 10170 (212) 681-2535 Our File No. 7276 Seth@areenbergandstein.com 11 of 50 FILED: WESTCHESTER COUNTY CLERK 08/07/2023 01:05 PM INDEX NO. 57394/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 08/07/2023 PAUL J. CAMPSON, ESQ. CAMPSON & CAMPSON Attomeys