On March 10, 2023 a
DEMAND FOR BILL OF PARTICULARS
was filed
involving a dispute between
Guo Ying Jiang,
and
Christina Reep,
Michael Rodriguez,
Mildred Josefson,
The City Of New York,
for Torts - Motor Vehicle
in the District Court of Richmond County.
Preview
FILED: RICHMOND COUNTY CLERK 11/08/2023 05:30 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
---------------------------------------------------------------------------X
GOU YING JIANG. Index No: 150465/2023
Plaintiff DEMAND FOR VERIFIED
-against- BILL OF PARTICULARS
CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED
JOSEFSON, and THE CITY OF NEW YORK
Defendants.
---------------------------------------------------------------------------X
COUNSELLORS:
PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section
3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of
Particulars upon the undersigned within twenty (20) days after receipt of this Demand.
In the event of your failure to comply with this Demand for a Verified Bill of Particulars
within that time, a motion will be made for an Order precluding you from offering any evidence
on the causes of action alleged in the Complaint concerning the following items as they concern
the answering defendant(s):
1. The date and time of the occurrence alleged in the Complaint.
2. The location of the occurrence alleged in the Complaint.
3. A statement of all the acts or omissions constituting negligence which plaintiff(s)
will claim against the answering defendant(s).
4. A statement of:
(a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and
(b) A description of those claimed by plaintiff(s) to be permanent.
5. If this is an action designated in subsection (a) of Section 5104 of the Insurance
Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state
in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102
of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection
(a) of Section 5102 of the Insurance Law.
6. The length of time plaintiff(s) was/were confined to each of the following:
(a) Bed;
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FILED: RICHMOND COUNTY CLERK 11/08/2023 05:30 PM INDEX NO. 150465/2023
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023
(b) House; and
(c) Hospital.
7. State the following:
(a) The occupation of plaintiff(s);
(b) The length of time plaintiff(s) was/were incapacitated from employment; and
(c) The name and address of plaintiff(s)’ employer.
8. I. State separately the total amounts or economic loss claimed by plaintiff(s) as
special damages for each of the following:
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special
damages or economic loss represent past damages and in which amount:
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
III. Itemize which of the special damages or economic loss represent future
damages and in what amount:
(a) Physicians’ services;
(b) Nurses’ services;
(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
IV. Over what period of time does plaintiff(s) claim each of future expenses or
losses shall occur:
SPECIAL DAMAGES PERIOD OF TIME
(a) Physicians’ services;
(b) Nurses’ services;
2 of 4
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(c) Medical supplies;
(d) Hospital expenses;
(e) Loss of earnings; and
(f) Other (describe).
9. The date of birth of plaintiff(s).
10. The residence address of plaintiff(s).
11. The Social Security number of the plaintiff(s).
12. If the plaintiff is an infant, state the following:
(a) The name and address of any school infant plaintiff attended at the time of this
occurrence;
(b) The date or dates infant plaintiff was absent from school as the result of the
alleged injuries sustained in this occurrence.
13. If the Complaint alleges a cause of action for property damage, state:
(a) The make, year, type and mileage of plaintiff’s vehicle;
(b) The date when plaintiff acquired title to this vehicle;
(c) A statement setting forth in detail each and every item of damage claimed to
have been sustained to plaintiff’s vehicle, setting forth, in detail, each part
claimed to have been damaged or replaced and the cost of repair or replacement
for each part so damaged or replaced;
(d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to
the occurrence;
(e) The salvage value of plaintiff’s vehicle after the occurrence;
(f) The length of time required to perform the foregoing repairs;
(g) The direction in which plaintiff(s) vehicle was proceeding immediately before
the occurrence; and
(h) The direction in which defendant(s)’ vehicle was proceeding immediately
before the occurrence.
14. If there is a cause of action for loss of services, state the following:
(a) In what manner was the plaintiff deprived of services and state what the services
were;
(b) With regard to the monies expended and the obligations incurred to expend
additional monies, set forth the amount of money involved and precisely to who
such monies were paid or are owed.
15. State the full caption of each and every lawsuit brought on plaintiff(s)’ behalf to
recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including:
3 of 4
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NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023
(a) court;
(b) index number;
(c) calendar number;
(d) names and addresses of all litigants;
(e) names and addresses of all attorneys appearing for litigants;
(f) status of lawsuit.
16. Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule
or regulation, if any, which it is claimed answering defendant(s) violated with reference to the
occurrence alleged in the Complaint.
Dated: New York, New York
November 8, 2023
Yours etc.,
MORRIS DUFFY ALONSO FALEY & PITCOFF
By: ___Suey K. Chung__________________
SUEY K. CHUNG, ESQ.
Attorneys for Defendant
CHRISTINA REEP and MICHAEL RODRIGUEZ
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (PRG) 75467
TO: JAMES LO, ESQ., P.C.
Attorney for Plaintiff
817 60th Street, 3rd Floor
Brooklyn, NY 11220
718.567.7999
4 of 4
Document Filed Date
November 08, 2023
Case Filing Date
March 10, 2023
Category
Torts - Motor Vehicle
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FILED: RICHMOND COUNTY CLERK 11/08/2023 05:30 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND ---------------------------------------------------------------------------X GOU YING JIANG. Index No: 150465/2023 Plaintiff DEMAND FOR VERIFIED -against- BILL OF PARTICULARS CHRISTINA REEP, MICHAEL RODRIGUEZ, MILDRED JOSEFSON, and THE CITY OF NEW YORK Defendants. ---------------------------------------------------------------------------X COUNSELLORS: PLEASE TAKE NOTICE that pursuant to Section 3041, Rules 3042 and 3043 and Section 3044 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand. In the event of your failure to comply with this Demand for a Verified Bill of Particulars within that time, a motion will be made for an Order precluding you from offering any evidence on the causes of action alleged in the Complaint concerning the following items as they concern the answering defendant(s): 1. The date and time of the occurrence alleged in the Complaint. 2. The location of the occurrence alleged in the Complaint. 3. A statement of all the acts or omissions constituting negligence which plaintiff(s) will claim against the answering defendant(s). 4. A statement of: (a) The injuries plaintiff(s) suffered as a result of the alleged occurrence; and (b) A description of those claimed by plaintiff(s) to be permanent. 5. If this is an action designated in subsection (a) of Section 5104 of the Insurance Law, for personal injuries arising out of negligence in the use or operation of a motor vehicle, state in what respect plaintiff has sustained a serious injury, as defined in subsection (d) of Section 5102 of the Insurance Law, or economic loss greater than basic economic loss, as defined in subsection (a) of Section 5102 of the Insurance Law. 6. The length of time plaintiff(s) was/were confined to each of the following: (a) Bed; 1 of 4 FILED: RICHMOND COUNTY CLERK 11/08/2023 05:30 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023 (b) House; and (c) Hospital. 7. State the following: (a) The occupation of plaintiff(s); (b) The length of time plaintiff(s) was/were incapacitated from employment; and (c) The name and address of plaintiff(s)’ employer. 8. I. State separately the total amounts or economic loss claimed by plaintiff(s) as special damages for each of the following: (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). II. Pursuant to Article 50-A or 50-B of the CPLR, itemize which of the special damages or economic loss represent past damages and in which amount: (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). III. Itemize which of the special damages or economic loss represent future damages and in what amount: (a) Physicians’ services; (b) Nurses’ services; (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). IV. Over what period of time does plaintiff(s) claim each of future expenses or losses shall occur: SPECIAL DAMAGES PERIOD OF TIME (a) Physicians’ services; (b) Nurses’ services; 2 of 4 FILED: RICHMOND COUNTY CLERK 11/08/2023 05:30 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023 (c) Medical supplies; (d) Hospital expenses; (e) Loss of earnings; and (f) Other (describe). 9. The date of birth of plaintiff(s). 10. The residence address of plaintiff(s). 11. The Social Security number of the plaintiff(s). 12. If the plaintiff is an infant, state the following: (a) The name and address of any school infant plaintiff attended at the time of this occurrence; (b) The date or dates infant plaintiff was absent from school as the result of the alleged injuries sustained in this occurrence. 13. If the Complaint alleges a cause of action for property damage, state: (a) The make, year, type and mileage of plaintiff’s vehicle; (b) The date when plaintiff acquired title to this vehicle; (c) A statement setting forth in detail each and every item of damage claimed to have been sustained to plaintiff’s vehicle, setting forth, in detail, each part claimed to have been damaged or replaced and the cost of repair or replacement for each part so damaged or replaced; (d) The fair and reasonable market value of plaintiff’s vehicle immediately prior to the occurrence; (e) The salvage value of plaintiff’s vehicle after the occurrence; (f) The length of time required to perform the foregoing repairs; (g) The direction in which plaintiff(s) vehicle was proceeding immediately before the occurrence; and (h) The direction in which defendant(s)’ vehicle was proceeding immediately before the occurrence. 14. If there is a cause of action for loss of services, state the following: (a) In what manner was the plaintiff deprived of services and state what the services were; (b) With regard to the monies expended and the obligations incurred to expend additional monies, set forth the amount of money involved and precisely to who such monies were paid or are owed. 15. State the full caption of each and every lawsuit brought on plaintiff(s)’ behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more proceeding, joint, concurrent and/or succeeding tortfeasors, including: 3 of 4 FILED: RICHMOND COUNTY CLERK 11/08/2023 05:30 PM INDEX NO. 150465/2023 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/08/2023 (a) court; (b) index number; (c) calendar number; (d) names and addresses of all litigants; (e) names and addresses of all attorneys appearing for litigants; (f) status of lawsuit. 16. Set forth by Chapter, Article, Section and Paragraphs each statute, ordinance, rule or regulation, if any, which it is claimed answering defendant(s) violated with reference to the occurrence alleged in the Complaint. Dated: New York, New York November 8, 2023 Yours etc., MORRIS DUFFY ALONSO FALEY & PITCOFF By: ___Suey K. Chung__________________ SUEY K. CHUNG, ESQ. Attorneys for Defendant CHRISTINA REEP and MICHAEL RODRIGUEZ 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (PRG) 75467 TO: JAMES LO, ESQ., P.C. Attorney for Plaintiff 817 60th Street, 3rd Floor Brooklyn, NY 11220 718.567.7999 4 of 4