Preview
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
----------------- ---- -------------------------X
SOWKA BARCACEL,
VERIFIED BILL OF
Plaintiff '
PARTICULARS
-against-
Index No.: 701269/2021
FREITAS MARCOS,
Defendant.
-...-- --- ---------X
Plaintiff, by her attorneys, GREENSTEIN & MILBAUER, LLP, responding to the
demands of Defendant FREITAS MARCOS for a Verified Bill of Particulars, allege(s), upon
information and belief:
1. Plaintiff SOWKA BARCACEL is also known as SOWKA RIVERA. Plaintiff SOWKA
BARCACEL resides at
2. Plaintiff SOWKA BARCACEL is age, having been born on
3. Demand for social security number is improper, privileged, confidential, not designed to
amplify the pleadings, an unwarranted invasion of privacy, and may lead to identity theft
resulting from the public filing of this docurdent. S_e_eGeneral Busiñêss Law § 399-dd;
Meyerson v Primare Realty Services, 7 Misc3d 911, 796 NYS2d 848 (Sup NY 2005);
Kupferberg v State of New York, 97 Misc2d 519, 411 NYS2d 790 (Court of Claims
1978); Seelig v Sielaf, 201 AD2d 298, 607 NYS2d 300 (1st Dept 1994), Bibeau v
Cantiague Figure Skating Club, Inc., 294 AD2d 525, 742 NYS2d 864 (2d Dept 2002);
See also Today's News, NYLJ, Aug. 24, 2000, at 1 (In a bill signed by Gov. Pataki,
students'
"[p]ublic schools and colleges throughout NY State will be barred from using
1 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
Social Security ñümbers as student idêñtification ñümbers starting July 1, 2001"]); In re:
The August 2, 2004 Amendment to the E-goverñmeñt Act of 2002, Administrative Order
2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District
Court, Eastern District of New York (prohibiting the disclosure of full Social Security
ñümbers in decüracñts likely to be filed either electronically or in paper form).
4. The occurrence complained of took place on July 27, 2020 at or about 6:18PM.
5. The occurrence complained of took place at or near Astoria Blyd. and the entrance ramp
to I-278, Queens, NY.
6. 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 Dcfcñdant in the ownership, operation, mañãgement,
maistcñance and control; of his said inotor vdiiqle;*the Defeñdant was negligent in
following too closely to plaintiff's vehicle; in striking the rear of Iflait1tiff's motor
motq
vehicle; in striking the rear of a motor vehicle; in striking the rear of a motor vehicle
without a non-negligent explasiaticñ; in that he failed and neglected to operate, manage
and control his motor vehicle in a proper, reasonable, prudent and safe manner so as to
avoid the collision, although he could have done so; failed and neglected to properly and
adcquately slow, stop or otherwise decrease the speed of his motor vehicle so as to avoid
the occurrence, although he could have done so; failed to approach an intersection at an
appropriate reduced speed; failed and neglected to decrease the speed of his motor
vehicle when approaching an intersection; operated his motor vehicle at an unreasonable
and improper rate of speed under the circumstañces then and there prevailing; failed and
2
2 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
neglected to obey traffic lights and other traffic signals in and upon the intersection,
although he should have done so; failed and neglected to turn, swerve or ot'nerwise steer
his motor vehicle in such a way so as to avoid the collision, although he could have done
so; failed and neglected to keep a proper, or any, lookout in and upon the roadway; failed
to see what was there and should have been seen with the proper use of senses; failed and
ñêglected to observe the conditions then and there existing in and upon the ioadway;
failed and neglected to honk his horn or otherwise give warning of his approach and of
impending danger; failed and neglected to yield the right of way; failed and seglected to
make proper use of any signaling or sounding devices; failed and neglected to
his motor vehicle, and more particularly the steering, braking, sigm'ing devices and tires,
in proper working condition although he could have done so; failed to operate his vehicle
with due regard to the rights and safety of the Plaintiff; operated his said motor vehicle in
a manner which unressoñably cñdangered the Plaintiff; failed to properly steer, guide,
inañage and control his said motor vehicle; failed to apply the brakes or slow down or
stop in such a manner as would have prevented the occurrence; failed to make adeÿüate
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
his said motor failed to properly == his said vehicle
controlling vehicle; according
to law; failed to give adequate and timely signal, notice or warning; operated his said
motor vehicle in violation of the traffic rules, regulations, statutes and ordinances in such
cases made and provided; and Defendant was careless, reckless and negligent in the
ownership, maistcñance, operation and control of his said motor vehicle.
3
3 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
7. Plaintiff objects as exceeding the scope of CPLR 3043.
8, 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, Sections 375, 1101, 1129, 1180, and 1212 of the
Vehicle and Traffic Law of the State 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.
9, Plaintiff objects as exceeding the scope of CPLR 3043.
10. As a result of the occurrence, the Plaintiff SOWKA BARCACEL sustained the
following personal injuries and sequelae, known to Plaintiff at this time, all of which are
alleged to be of a permanent nature:
Surgical Procedure
• 10/15/20 - guided contrast-enhanced cervical epidural steroid
Fluoroscopically
injection at C7/T1 level on the left side.
LT Wrist
• Tear of the triangular fibrocartilage.
• Tenosynovitis of the flexor tendon to the second finger
Cervical Snine
• Focal acute left lateral herniation of the ñücleus pulposus at the C5/6 level with
impingemcñt of nerve roots centrally and on the left and with mild central
stenosis.
• Mild bulging of aññülus fibrosis of the C3/4 and C4/5 discs.
Lumbar Spine
• of the L5/S1 disc with focal acute central hcrñiation of the nucleus
Bulging
pulposus with impingement of nerve roots centrally.
• Mild of annulus fibrosis of the L3/4 and L4/5 discs.
bulging
All of the aforementioned injuries, resulting disabilities, exacerbations
aggravaticas,
4
4 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
and involvements are associated with further soft tissue injuries to the areas traumatically
affected, inch4ing: fracture, tearing, derangement and damage to the associated muscle
groups, ligaments, tcñdoñs, cartilage, blood, tissue, epithelial tissue, all concemi+ªnt to
the specific injuries and related to the specific portions of the body mentioned
hereiñabove, with resultant scars, hemorrhage, pain, ecchyrñosis, deformity and
disability; stiffness, tenderness, weakness and partial restriction and limitation of motion,
pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental
angitish: all of which have sübe=%lly prevented the Plaintiff from cñjoying the normal
fruits of social activities.
The Plaintiff reserves the right to prove any and all further consequences and any an
all further medical expenses up to and at the time of trial.
Upon information and belief, all of the above iñjurics are permanent and ceñtinising
in nature, except for objective signs of contusions and abrasions.
All of the injuries and conditions caused and/or contributed to the Plaintiff living a
lesser quality of life, including loss of enjoyment of life than the Plaintiff would
otherwise have experienced, but for the injuries and conditions alleged herein.
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,
includiñg the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels
and soft tissues.
11. Plaintiff objects as exceeding the scope of CPLR 3043.
12. To be provided at Plaintiff's Examination Before Trial.
5
5 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
13. Not applicable.
14. Plaintiff SOWKA BARCACEL sustained special daiñages as follows:
Physicians'
Services: Approximately $20,000.00 and continuing.
Hospital Expenses: Included above
Other Expenses: Included above
Total Special Damages: Approximately $20,000.00 and continuing.
15. Plaintiff objects as exceeding the scope of CPLR 3043.
16. Plaintiff objects as exceeding the scope of CPLR 3043.
17. At the time of the accident, Plaintiff SOWKA BARCACEL was cmployed as a resident
at Sinatra Funeral Home, 315 S Broadway, Yonkers, NY 10705.
18. Not applicable.
19. The m~Unal expenses of Plaintiff SOWKA BARCACEL were and/or
partially fully
paid for Allstate Insurance - NF located at P.O. Box TX
by Company 660636, Dallas,
75266, Policy Number 943965955, Claim Number 0597243062, Insured Allstate
Insurance - NF.
Company
20. Plaintiff SOWKA BARCACEL sustaiñcd a scrious injury as defiñêd by Section 5102(d)
of the Insumuce Law of the State of New York in that Plaintiff sustained a personal
injury which resulted in significant disfigurement; permañeñt loss of use of a body organ,
member, function or system; permancñt consequential limitation of use of a body organ
or member; significant limitation of use of a body function or system; and a medically
determined injury or impairmar.t of a non-permament nature which prevents the injured
person from performing substantially all of the material acts which constitute such
6
6 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
person's usual and customary daily activities for not less than ninety days during the one
hundred eighty days immediately following the occurrcñce of the injury or impairrnent.
Plaintiff smtaind ecenomic loss in excess of basic economic loss as defined by
Section 5102(a) of the Insurance Law of the State of New York in that Plaintiff has or
will incur expenses that have or will exceed FIFTY THOUSAND ($50,000.00)
DOLLARS.
21. Plaintiff objects as exceeding the scope of CPLR 3043.
22. Not applicable.
23. Not applicable.
24. Not applicable.
25. Not applicable.
PLEASE TAKE NOTICE, that the Plaintiff reserves the right to serve an Amended
and/or Supplemcatã1 Bill of Particulars in connection with all claims isolüding those of
contimiing Special Damages and dimbilities during discovery up to a sufficient time prior to and
including the trial of this action.
7
7 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
Dated: New York, NY .
April 9, 2021
o , .
Eva M. Pitts, Esq.
GREENSTEIN & MILBAUER, LLP
Attorney for Plaintiff(s)
Sowka Barcacel
1825 Park Avenue
9th Floor
New York, NY 10035
(212) 685-8500
Our File No. 18972
eoitts(dlnvolawfirm.com
TO:
Ronit Z. Moskovits, Esq.
Baker, McEvoy & Moskovits, P.C.
One MetroTech Center
8th Floor
Brooklyn, NY 11201
File No. 1086133
8
8 of 9
04/20/2021 05:13
FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021
9
NYSCEF DOC. NO. 17 04/20/2021
RECEIVED NYSCEF: 03/07/2022
ATTORNEY'S VERIFICATION
EVA M. PITTS, 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 GREENSTElN & MILBAUER, LLP, atterneys of record for Plaintiff,
SOWKA BARCACEL, in the action within. I have read the annered BILL OF
PARTICULARS and know the contents thereof, and the same are true to my knowledge, except
those instiers therein which are stated to be alleged upon information and belief, and as to those
rñatters I believe them to be true. My belief, as to those matters therein not stated upon
kñowledge, is based upon facts, records, and other pertinent information cente··êd in my files.
This verification is made by me because Plaintiff is not preseñtly in the county wherein I
maintain my offices.
DATED: New York, NY
April 9, 2021
V . ITTS, ESQ.
9
9 of 9
Preview
04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ----------------- ---- -------------------------X SOWKA BARCACEL, VERIFIED BILL OF Plaintiff ' PARTICULARS -against- Index No.: 701269/2021 FREITAS MARCOS, Defendant. -...-- --- ---------X Plaintiff, by her attorneys, GREENSTEIN & MILBAUER, LLP, responding to the demands of Defendant FREITAS MARCOS for a Verified Bill of Particulars, allege(s), upon information and belief: 1. Plaintiff SOWKA BARCACEL is also known as SOWKA RIVERA. Plaintiff SOWKA BARCACEL resides at 2. Plaintiff SOWKA BARCACEL is age, having been born on 3. Demand for social security number is improper, privileged, confidential, not designed to amplify the pleadings, an unwarranted invasion of privacy, and may lead to identity theft resulting from the public filing of this docurdent. S_e_eGeneral Busiñêss Law § 399-dd; Meyerson v Primare Realty Services, 7 Misc3d 911, 796 NYS2d 848 (Sup NY 2005); Kupferberg v State of New York, 97 Misc2d 519, 411 NYS2d 790 (Court of Claims 1978); Seelig v Sielaf, 201 AD2d 298, 607 NYS2d 300 (1st Dept 1994), Bibeau v Cantiague Figure Skating Club, Inc., 294 AD2d 525, 742 NYS2d 864 (2d Dept 2002); See also Today's News, NYLJ, Aug. 24, 2000, at 1 (In a bill signed by Gov. Pataki, students' "[p]ublic schools and colleges throughout NY State will be barred from using 1 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 Social Security ñümbers as student idêñtification ñümbers starting July 1, 2001"]); In re: The August 2, 2004 Amendment to the E-goverñmeñt Act of 2002, Administrative Order 2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court, Eastern District of New York (prohibiting the disclosure of full Social Security ñümbers in decüracñts likely to be filed either electronically or in paper form). 4. The occurrence complained of took place on July 27, 2020 at or about 6:18PM. 5. The occurrence complained of took place at or near Astoria Blyd. and the entrance ramp to I-278, Queens, NY. 6. 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 Dcfcñdant in the ownership, operation, mañãgement, maistcñance and control; of his said inotor vdiiqle;*the Defeñdant was negligent in following too closely to plaintiff's vehicle; in striking the rear of Iflait1tiff's motor motq vehicle; in striking the rear of a motor vehicle; in striking the rear of a motor vehicle without a non-negligent explasiaticñ; in that he failed and neglected to operate, manage and control his motor vehicle in a proper, reasonable, prudent and safe manner so as to avoid the collision, although he could have done so; failed and neglected to properly and adcquately slow, stop or otherwise decrease the speed of his motor vehicle so as to avoid the occurrence, although he could have done so; failed to approach an intersection at an appropriate reduced speed; failed and neglected to decrease the speed of his motor vehicle when approaching an intersection; operated his motor vehicle at an unreasonable and improper rate of speed under the circumstañces then and there prevailing; failed and 2 2 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 neglected to obey traffic lights and other traffic signals in and upon the intersection, although he should have done so; failed and neglected to turn, swerve or ot'nerwise steer his motor vehicle in such a way so as to avoid the collision, although he could have done so; failed and neglected to keep a proper, or any, lookout in and upon the roadway; failed to see what was there and should have been seen with the proper use of senses; failed and ñêglected to observe the conditions then and there existing in and upon the ioadway; failed and neglected to honk his horn or otherwise give warning of his approach and of impending danger; failed and neglected to yield the right of way; failed and seglected to make proper use of any signaling or sounding devices; failed and neglected to his motor vehicle, and more particularly the steering, braking, sigm'ing devices and tires, in proper working condition although he could have done so; failed to operate his vehicle with due regard to the rights and safety of the Plaintiff; operated his said motor vehicle in a manner which unressoñably cñdangered the Plaintiff; failed to properly steer, guide, inañage and control his said motor vehicle; failed to apply the brakes or slow down or stop in such a manner as would have prevented the occurrence; failed to make adeÿüate 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 his said motor failed to properly == his said vehicle controlling vehicle; according to law; failed to give adequate and timely signal, notice or warning; operated his said motor vehicle in violation of the traffic rules, regulations, statutes and ordinances in such cases made and provided; and Defendant was careless, reckless and negligent in the ownership, maistcñance, operation and control of his said motor vehicle. 3 3 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 7. Plaintiff objects as exceeding the scope of CPLR 3043. 8, 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, Sections 375, 1101, 1129, 1180, and 1212 of the Vehicle and Traffic Law of the State 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. 9, Plaintiff objects as exceeding the scope of CPLR 3043. 10. As a result of the occurrence, the Plaintiff SOWKA BARCACEL sustained the following personal injuries and sequelae, known to Plaintiff at this time, all of which are alleged to be of a permanent nature: Surgical Procedure • 10/15/20 - guided contrast-enhanced cervical epidural steroid Fluoroscopically injection at C7/T1 level on the left side. LT Wrist • Tear of the triangular fibrocartilage. • Tenosynovitis of the flexor tendon to the second finger Cervical Snine • Focal acute left lateral herniation of the ñücleus pulposus at the C5/6 level with impingemcñt of nerve roots centrally and on the left and with mild central stenosis. • Mild bulging of aññülus fibrosis of the C3/4 and C4/5 discs. Lumbar Spine • of the L5/S1 disc with focal acute central hcrñiation of the nucleus Bulging pulposus with impingement of nerve roots centrally. • Mild of annulus fibrosis of the L3/4 and L4/5 discs. bulging All of the aforementioned injuries, resulting disabilities, exacerbations aggravaticas, 4 4 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 and involvements are associated with further soft tissue injuries to the areas traumatically affected, inch4ing: fracture, tearing, derangement and damage to the associated muscle groups, ligaments, tcñdoñs, cartilage, blood, tissue, epithelial tissue, all concemi+ªnt to the specific injuries and related to the specific portions of the body mentioned hereiñabove, with resultant scars, hemorrhage, pain, ecchyrñosis, deformity and disability; stiffness, tenderness, weakness and partial restriction and limitation of motion, pain on motion and loss of use of the abovementioned parts; atrophy, anxiety and mental angitish: all of which have sübe=%lly prevented the Plaintiff from cñjoying the normal fruits of social activities. The Plaintiff reserves the right to prove any and all further consequences and any an all further medical expenses up to and at the time of trial. Upon information and belief, all of the above iñjurics are permanent and ceñtinising in nature, except for objective signs of contusions and abrasions. All of the injuries and conditions caused and/or contributed to the Plaintiff living a lesser quality of life, including loss of enjoyment of life than the Plaintiff would otherwise have experienced, but for the injuries and conditions alleged herein. 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, includiñg the adjacent and surrounding muscles, tendons, nerves, joints, fascia, vessels and soft tissues. 11. Plaintiff objects as exceeding the scope of CPLR 3043. 12. To be provided at Plaintiff's Examination Before Trial. 5 5 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 13. Not applicable. 14. Plaintiff SOWKA BARCACEL sustained special daiñages as follows: Physicians' Services: Approximately $20,000.00 and continuing. Hospital Expenses: Included above Other Expenses: Included above Total Special Damages: Approximately $20,000.00 and continuing. 15. Plaintiff objects as exceeding the scope of CPLR 3043. 16. Plaintiff objects as exceeding the scope of CPLR 3043. 17. At the time of the accident, Plaintiff SOWKA BARCACEL was cmployed as a resident at Sinatra Funeral Home, 315 S Broadway, Yonkers, NY 10705. 18. Not applicable. 19. The m~Unal expenses of Plaintiff SOWKA BARCACEL were and/or partially fully paid for Allstate Insurance - NF located at P.O. Box TX by Company 660636, Dallas, 75266, Policy Number 943965955, Claim Number 0597243062, Insured Allstate Insurance - NF. Company 20. Plaintiff SOWKA BARCACEL sustaiñcd a scrious injury as defiñêd by Section 5102(d) of the Insumuce Law of the State of New York in that Plaintiff sustained a personal injury which resulted in significant disfigurement; permañeñt loss of use of a body organ, member, function or system; permancñt consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; and a medically determined injury or impairmar.t of a non-permament nature which prevents the injured person from performing substantially all of the material acts which constitute such 6 6 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrcñce of the injury or impairrnent. Plaintiff smtaind ecenomic loss in excess of basic economic loss as defined by Section 5102(a) of the Insurance Law of the State of New York in that Plaintiff has or will incur expenses that have or will exceed FIFTY THOUSAND ($50,000.00) DOLLARS. 21. Plaintiff objects as exceeding the scope of CPLR 3043. 22. Not applicable. 23. Not applicable. 24. Not applicable. 25. Not applicable. PLEASE TAKE NOTICE, that the Plaintiff reserves the right to serve an Amended and/or Supplemcatã1 Bill of Particulars in connection with all claims isolüding those of contimiing Special Damages and dimbilities during discovery up to a sufficient time prior to and including the trial of this action. 7 7 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 Dated: New York, NY . April 9, 2021 o , . Eva M. Pitts, Esq. GREENSTEIN & MILBAUER, LLP Attorney for Plaintiff(s) Sowka Barcacel 1825 Park Avenue 9th Floor New York, NY 10035 (212) 685-8500 Our File No. 18972 eoitts(dlnvolawfirm.com TO: Ronit Z. Moskovits, Esq. Baker, McEvoy & Moskovits, P.C. One MetroTech Center 8th Floor Brooklyn, NY 11201 File No. 1086133 8 8 of 9 04/20/2021 05:13 FILED: QUEENS COUNTY CLERK 03/07/2022 03:05 PM INDEX NO. 701269/2021 9 NYSCEF DOC. NO. 17 04/20/2021 RECEIVED NYSCEF: 03/07/2022 ATTORNEY'S VERIFICATION EVA M. PITTS, 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 GREENSTElN & MILBAUER, LLP, atterneys of record for Plaintiff, SOWKA BARCACEL, in the action within. I have read the annered BILL OF PARTICULARS and know the contents thereof, and the same are true to my knowledge, except those instiers therein which are stated to be alleged upon information and belief, and as to those rñatters I believe them to be true. My belief, as to those matters therein not stated upon kñowledge, is based upon facts, records, and other pertinent information cente··êd in my files. This verification is made by me because Plaintiff is not preseñtly in the county wherein I maintain my offices. DATED: New York, NY April 9, 2021 V . ITTS, ESQ. 9 9 of 9