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FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______________________________________________________________________Ç
LAUREN PERKINS,
Plaintiffs, Index No. 152428/2023
- against - VERIFIED BILL OF
PARTICULARS
184 THOMPSON STREET OWNER LLC, THE BOARD
OF MANAGERS OF THE 184 THOMPSON
CONDOMINIUM, DOUGLAS ELLIMAN PROPERTY
MANAGEMENT and THE METROPOLITAN
COMMERCIAL REAL ESTATE ASSOCIATION, INC.,
Defendants.
________________________________________________________________________Ç
Plaintiff, LAUREN PERKINS, by her attorneys, the law finn of DELL & DEAN,
PLLC, responding to the demand of Defendants, THE BOARD OF MANAGER OF THE 184
THOMPSON CONDOMINIUM, and DOUGLAS ELLIMAN PROPERTY MANAGEMENT,
for a Bill of Particulars, alleges, upon information and/or belief, as follows:
1. Plaintiffs date of birth is in 1983. The full date of birth of Plaintiff is being
withheld for privacy concerns. Objection. Full disclosure of Plaintiff's full social security
number is being withheld due to privacy concerns. Full disclosure of Plaintiff's date of birth is
being withheld due to privacy concerns. Improper Demand for Social Security Number. See
Kupferberg v. State of New York, 97 Misc. 2d 519; 411 N.Y.S.2d 790; 1978 N.Y. Misc.
LEXIS 2829. Plaintiff objects to the demand for a Social Security number as privileged, as an
interrogatory, as not designed to amplify the pleadings, and also to the disclosure of such
information in a filing to be publicly filed, due to the danger of identity theft. (See for instance,
In re: The August 2, 2004 Amendment to the E-government Act of 2002, Administrative Order
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023
2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court,
Eastern District of New York, which prohibits the disclosure of full Social Security numbers in
documents likely to be filed either electronically or in paper form.) Moreover, Plaintiff further
objects, as disclosing Plaintiffs Social Security Number in the course of litigation necessarily
makes that information public, it is impermissible pursuant to New York State General
Business Law§§ 899-aa, 5 U.S.C.§§ 552 [b][6] and the Federal Privacy Act of 1974 (Public
privacy"
Law-93-579) §§ 7. To do so has been held to be "an unwarranted invasion of See,
Norwood v. FAA, 993 F.2d 570; International Brotherhood of Electric Workers v. U.S. Dept.
of Housing and Urban Development, 852 F. 2d 87; Bibeau v. Cantiague Figure Skating Club,
(2nd
Inc., 294 A.D.2d 525, 742 N.Y.S.2d 864 Dept, 2002); Seelig v. Sielaff, 201 A.D.2d 209,
(1"
607, N.Y.S.2d 300 Dept., 1994). Plaintiff s mailing address for the purposes of this
action is c/o DELL & DEAN, PLLC. 1225 Franklin Avenue, Ste. 360, Garden City, NY
11530. The Plaintiff wishes to keep her present address confidential for privacy concerns.
PlaintifF s former address was 184 Thompson Street, Unit 5V, New York, NY, located in the
County, City and State of New York.
2. State of New York.
3. (a-e) Objection. Evidentiary in nature. Improper Demand for a Bill of
Particulars. Additional discovery is needed to respond to this demand. Notwithstanding, due
to the nature of mold exposure and resulting toxicity it is impossible to state with any level of
certainty as to the exact date and time of PlaintifPs exposure; or whether the exposure occurred
over a period of time. Further notwithstanding, Plaintiff became reasonably aware of her
on or around - March after a mold report which is
toxicity February 2021, receiving toxicity
annexed to the Plaintiff's Response to Defendant's Combined Demands being served
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023
contemporaneously with this Bill of Particulars.
4. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars.
Additional discovery is needed to respond to this demand. Notwithstanding, due to the nature
of mold, it is impossible for Plaintiff, a lay person, to state with any level of certainty as to the
exact location(s) or what type(s) of mold, nor how the mold was caused to grow in and around
her unit (5V) and those units abutting hers, located at 184 Thompson Street, New York, in the
County, City and State of New York (hereinafter the "Subject Premises"). Notwithstanding
see the Mold Toxicity Report annexed to Plaintiff's Response to Combined Demands, being
served contemporaneously with this Bill of Particulars.
5. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars.
See Response #4.
6. Plaintiff has been the deeded owner of the Subject Premises since 2007, until
being constructively evicted as a result of the presence of toxic mold.
7. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars.
Additionally, immaterial and irrelevant to the within action for personal injuries.
8. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars.
Notwithstanding, and without waiving said objection, the mold exposure, upon information
and belief, occurred as a result of multiple instances of water damage, which were
negligently caused by, or was failed to be rectified by, the Defendant(s) herein.
9. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars.
10. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars.
11. Objection. Demand is vague and overbroad.
12. Plaintiff alleges the above-captioned Defendant(s), and/or their respective
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023
agents, servants, employees, assigns, and/or those under their command, control, contract,
and/or employ, were negligent, careless and recldess in their respective ownership, operation,
maintenance, control, possession, supervision, direction, inspection, management,
renovation, rehabilitation and/or alteration of the Subject Premises, fixtures and
appurtenances; in that they permitted the Subject Premises to become, constitute and
remain in a dangerous and hazardous condition; in failing to provide proper ventilation;
in failing to make proper and reasonable inspection(s) of the Subject Premises; in that
they failed to take any necessary and appropriate steps to remedy or eradicate the
dangerous and hazardous condition complained of herein, specifically the testing for,
and removal of toxic mold in and around the Subject Premises; in that it was the owners
and/or possessors of said premises and, as such, had a duty to maintain the subject
premises and to keep it free of dangerous and hazardous condition(s) including the
hazardous condition(s) complained of herein; in failing and omitting to maintain the
Subject Premises a reasonable, safe and suitable condition, free from dangers and
hazards to a person lawfully entitled to be upon said premises; in carelessly, negligently
and knowingly and for an unreasonable length of time, permitted the aforesaid Subject
Premises to be and remain in an unsafe, hazardous and dangerous condition as to
constitute a trap, menace and nuisance for those persons lawfully entitled to be upon said
premises; Defendant(s), and/or their respective agents, servants, employees, assigns,
and/or those under their command, control, contract, and/or employ knew or, by the failure
of exercise of reasonable care, and caution, should have known that said section of the
Subject Premises, in its condition was likely to and would result in an occurrence similar
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
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to the one involved herein; in that Defendant(s) failed to give Plaintiff notice of
warnings of the dangers then and there existing, resulting in Plaintiff being subject to
severe, chronic and life-altering illnesses and injuries, and incapacitating her from her
employment/business. Plaintiff will also rely on the doctrine of res ipsa loquitur.
13. It will be claimed that Defendant(s), and/or their respective agents, servants,
employees, assigns, and/or those under their command, control, contract, and/or employ had
actual and constructive notice of the aforesaid dangerous and defective condition(s). It will
be claimed that Defendant(s), their respective agents, servants, employees, assigns, and/or
those under their command, control, contract, and/or employ had actual notice of the
aforesaid defective and dangerous condition in that said defendant(s), and/or their agents,
lessees, distributors, servants and/or employees created same or, if said condition was
created by others, beyond the control of Defendant(s), and/or their respective agents,
servants, employees, assigns, and/or those under their command, control, contract, and/or
employ, then, in that event, Defendant(s), and/or their respective agents, servants, employees,
assigns, and/or those under their command, control, contract, and/or employ had actual
notice of its existence by virtue of said defective and/or dangerous condition located upon
premises owned/operated/controlled and maintained by said Defendant(s), and/or their
respective agents, servants, employees, assigns, and/or those under their command, control,
contract, and/or employ and observed by the Defendant(s), and/or their respective agents,
servants, employees, assigns, and/or those under their command, control, contract, and/or
employ Without in any way conceding that actual notice is a necessary prerequisite to the
suit herein, it will be claimed that Defendant(s), and/or their respective agents, servants,
employees, assigns, and/or those under their command, control, contract, and/or employ had
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
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actual and constructive notice of the aforesaid dangerous and defective condition; and
caused the same to exist. It will be claimed that Defendant(s), and/or their respective agents,
servants, employees, assigns, and/or those under their command, control, contract, and/or
employ, had actual notice of the aforesaid defective and dangerous condition in that said
Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under
their command, control, contract, and/or employ created same or, if said condition was
created by others, beyond the control of Defendant(s), and/or their respective agents,
servants, employees, assigns, and/or those under their command, control, contract, and/or
employ, then, in that event, Defendant(s), their respective agents, servants, employees,
assigns, and/or those under their command, control, contract, and/or employ had actual
notice of its existence by virtue of said defective and/or dangerous condition located upon
premises owned and/or operated by said Defendant(s), and/or their respective agents,
servants, employees, assigns, and/or those under their command, control, contract, and/or
employ and observed by the Defendant(s), and/or their respective agents, servants,
employees, assigns, and/or those under their command, control, contract, and/or employ.
Additional discovery is needed to respond in more detail. The balance of this demand is
objected to as overbroad, overly burdensome, and seeks information that is in the sole
possession and control of these Defendant(s).
14. See Response #12 and 13.
15. As a result of the negligence of the Defendant(s), and as a result of toxic mold
exposure at the Subject Premises, Plaintiff sustained the following severe and serious
illnesses and injuries:
Mycotoxicosis/Mold toxicity/Toxic mold syndrome
CIRS (Chronic Inflammatory Responses Syndrome)
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023
Chronic pain syndrome
MCAS (Mast Cell Activation Syndrome)
Chronic fatigue syndrome
Cognitive functioning deficits
Decision-making deficits
Memory loss
Headaches/Migraines
Concentration problems
Brain fog
Difficulty with word recollection
Disorientation
Adrenal fatigue
Adrenal deficiency syndrome
Chronic fatigue syndrome, severe fatigue and weakness
Chronic inflammation
Chemical sensitivity
Light sensitivity
Appetite swings
Persistent cognitive function deficits
Insomnia
Vertigo
Chronic soft tissue injury
Irritable bowel syndrome
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Diarrhea
Excessive thirst and dehydration
Sinus problems/infection, congestion
Weakness, numbness and tingling in extremities
Cough and flu symptoms
Sweats/night sweats
Metallic taste in the mouth
Difficulty with temperature regulation
Asthma-like symptoms
Digestion and mal-absorption issues
Stiffness and shooting pains in the body
Joint and muscle pain
Skin rashes/cystic acne
Mild hyperthermia in various location throughout the body
Posterior neck pain
Upper, mid, and low back pain
Right hip pain.
Abdomen tightness and pain.
Treatments for the above symptoms and conditions have included extensive testing,
internal and functional medicinal, neuropsychological, neuro-physical, orthopedic, physical
therapy, acupuncture, hyperbaric chamber, nutritional, medical, cryotherapy, NAD, intravenous
drug therapy, vitamin and supplement therapy, orthopedic, red light therapy, pain management,
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as well as specialized treatment from experts in the field of mold toxicity; and Plaintiff
continues to treat to the present day, and will likely continue treatment indefinitely.
All of the foregoing cognitive deficiencies, impairments, and conditions have
incapacitated Plaintiff from certain daily living activities and/or caused such daily living
activities to be done with difficulty and/or pain. Plaintiff continues to suffer from such cognitive
deficiencies, impairments, and conditions, and the resulting disabilities and all the natural and
probable consequences of the mold toxicity and exposure set forth herein.
All of the foregoing physical and bodily injuries caused severe swelling, pain,
stiffness, tenderness, weakness, discomfort and restriction and limitation of motion. The
foregoing injuries directly affected the skin, bones, tissues, nerves, blood vessels and joints of
the injured parts, produced functional and organic disturbances and symptomatic and radiating
pains to and about the adjacent and surrounding areas and restriction and limitation of motion of
the affected parts of his body. The plaintiff suffers and continues to suffer pain, discomfort and
disability and all the natural and probable consequences of the mold toxicity and exposure set
forth herein.
All of these injuries resulted in extreme pain, tenderness and discomfort. Upon
information and belief, it is believed that the injuries so sustained have weakened those parts of
the body and have rendered them more susceptible to future trauma.
As a result of the above injuries, plaintiff suffers pain and tenderness, weakness, loss
of function, loss of strength, limitation and restriction of motion, and pain on motion. Plaintiff
was caused to suffer possible or potential further complications due to the injuries.
Upon information and belief, these injuries aggravated, activated, and/or precipitated
underlying, cognitive, hypertrophic, degenerative arthritic, circulatory, arterial, venous, and/or
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systemic conditions, which were asymptomatic prior to the accident complained of and/or
aggravated and exacerbated pre-existing conditions.
All of the aforementioned injuries, conditions, cognitive
dysfunctions, manifestations, resulting, disabilities, and involvements are associated with
further atrophy, degrading, further soft tissue injury to the areas traumatically affected, including
further disfunction, further injury, tearing, derangement, and damage to the associated blood
vessels, and blood supply, nerves and nerve tissue, epithelial tissue, soft tissue, all concomitant
to the special injuries and related to many portions mentioned hereinabove, with resultant pain,
deformity, and disability, stiffness, tenderness, weakness, and partial restriction and limitation of
motion and pain on motion and possible loss of the use of the above mentioned parts.
Upon information and belief, these cognitive impairments, deficiencies and
conditions, along with the Plaintiff's physical and bodily injuries and their sequelae are
permanent, chronic, and lasting in their nature and character with permanent effects of pain, loss
of use, loss of motion, disability, loss of proper use, atrophy, pain, discomfort and suffering.
Plaintiff reserves the right to prove any and all further consequences arising out of the
said injuries and conditions up to and at the time of the trial
16. Plaintiff objects to the demand as it is palpably improper demand, in the form
of impermissible interrogatories, evidentiary in nature and/or is outside the scope of CPLR
actions."
3043(a), entitled "Bill of Particulars in personal injury Nevertheless, and without
waiving said objection, the employment information sought shall be provided under a
separate cover when the amount of such lost earnings, future lost earnings, and benefits,
have been calculated/estimated. Further notwithstanding, the Plaintiff is providing Tax
Returns and W2 information annexed to Plaintiff's Response to Combined Demands, which
FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023
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is being served contemporaneously with this Bill of Particulars.
Plaintiff's Income Summary 2020-2022
Plaintiff's W2 income from Microsoft for year 2022 - $249,398.00
Plaintiff's W2 income from Microsoft for year 2021 - $217,348.00
Plaintiff's W2 income from Microsoft for year 2020 - $356,166.00
17. Plaintiff's former business(es), Galaxy Partners, LLC, and Perks Consulting, Inc.,
operated at a net loss each of the accompanying years, as indicated on the provided tax
returns. Plaintiff was terminated from her employment due to disability as a result of the
hereinabove as of 7/22/2022; and she continues to receive long term disability benefits
through her former employer, to date. Plaintiff remains incapacitated from employment
from December 2020 to Present day, and will likely be incapacitated from employment
for the foreseeable future, and/or indefinitely.
18. Not applicable. Plaintiff did not miss any time from school.
19. Not applicable. Plaintiff was not attending any day care or nursery.
20. Plaintiff has not been confined to a hospital for any length of time.
21. Plaintiff has incurred bill/special damages, and out of pocket expenses
with regard to the treatment rendered by health care providers and related treatment; all
bills of the providers have been submitted to/paid by plaintiff's collateral source
provider(s), duly executed authorizations directed to the treating providers and collateral
source provider(s), as applicable, are being, or have already been, served annexed to
Plaintiff's Response to Combined Demands.
" Physician's expenses; paid for collateral sources and private insurance in
by
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FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _______________________________________________________________________Ç LAUREN PERKINS, Plaintiffs, Index No. 152428/2023 - against - VERIFIED BILL OF PARTICULARS 184 THOMPSON STREET OWNER LLC, THE BOARD OF MANAGERS OF THE 184 THOMPSON CONDOMINIUM, DOUGLAS ELLIMAN PROPERTY MANAGEMENT and THE METROPOLITAN COMMERCIAL REAL ESTATE ASSOCIATION, INC., Defendants. ________________________________________________________________________Ç Plaintiff, LAUREN PERKINS, by her attorneys, the law finn of DELL & DEAN, PLLC, responding to the demand of Defendants, THE BOARD OF MANAGER OF THE 184 THOMPSON CONDOMINIUM, and DOUGLAS ELLIMAN PROPERTY MANAGEMENT, for a Bill of Particulars, alleges, upon information and/or belief, as follows: 1. Plaintiffs date of birth is in 1983. The full date of birth of Plaintiff is being withheld for privacy concerns. Objection. Full disclosure of Plaintiff's full social security number is being withheld due to privacy concerns. Full disclosure of Plaintiff's date of birth is being withheld due to privacy concerns. Improper Demand for Social Security Number. See Kupferberg v. State of New York, 97 Misc. 2d 519; 411 N.Y.S.2d 790; 1978 N.Y. Misc. LEXIS 2829. Plaintiff objects to the demand for a Social Security number as privileged, as an interrogatory, as not designed to amplify the pleadings, and also to the disclosure of such information in a filing to be publicly filed, due to the danger of identity theft. (See for instance, In re: The August 2, 2004 Amendment to the E-government Act of 2002, Administrative Order FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 2004-09, Chief Judge Edward R. Korman, dated October 2004, United States District Court, Eastern District of New York, which prohibits the disclosure of full Social Security numbers in documents likely to be filed either electronically or in paper form.) Moreover, Plaintiff further objects, as disclosing Plaintiffs Social Security Number in the course of litigation necessarily makes that information public, it is impermissible pursuant to New York State General Business Law§§ 899-aa, 5 U.S.C.§§ 552 [b][6] and the Federal Privacy Act of 1974 (Public privacy" Law-93-579) §§ 7. To do so has been held to be "an unwarranted invasion of See, Norwood v. FAA, 993 F.2d 570; International Brotherhood of Electric Workers v. U.S. Dept. of Housing and Urban Development, 852 F. 2d 87; Bibeau v. Cantiague Figure Skating Club, (2nd Inc., 294 A.D.2d 525, 742 N.Y.S.2d 864 Dept, 2002); Seelig v. Sielaff, 201 A.D.2d 209, (1" 607, N.Y.S.2d 300 Dept., 1994). Plaintiff s mailing address for the purposes of this action is c/o DELL & DEAN, PLLC. 1225 Franklin Avenue, Ste. 360, Garden City, NY 11530. The Plaintiff wishes to keep her present address confidential for privacy concerns. PlaintifF s former address was 184 Thompson Street, Unit 5V, New York, NY, located in the County, City and State of New York. 2. State of New York. 3. (a-e) Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. Additional discovery is needed to respond to this demand. Notwithstanding, due to the nature of mold exposure and resulting toxicity it is impossible to state with any level of certainty as to the exact date and time of PlaintifPs exposure; or whether the exposure occurred over a period of time. Further notwithstanding, Plaintiff became reasonably aware of her on or around - March after a mold report which is toxicity February 2021, receiving toxicity annexed to the Plaintiff's Response to Defendant's Combined Demands being served FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 contemporaneously with this Bill of Particulars. 4. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. Additional discovery is needed to respond to this demand. Notwithstanding, due to the nature of mold, it is impossible for Plaintiff, a lay person, to state with any level of certainty as to the exact location(s) or what type(s) of mold, nor how the mold was caused to grow in and around her unit (5V) and those units abutting hers, located at 184 Thompson Street, New York, in the County, City and State of New York (hereinafter the "Subject Premises"). Notwithstanding see the Mold Toxicity Report annexed to Plaintiff's Response to Combined Demands, being served contemporaneously with this Bill of Particulars. 5. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. See Response #4. 6. Plaintiff has been the deeded owner of the Subject Premises since 2007, until being constructively evicted as a result of the presence of toxic mold. 7. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. Additionally, immaterial and irrelevant to the within action for personal injuries. 8. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. Notwithstanding, and without waiving said objection, the mold exposure, upon information and belief, occurred as a result of multiple instances of water damage, which were negligently caused by, or was failed to be rectified by, the Defendant(s) herein. 9. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. 10. Objection. Evidentiary in nature. Improper Demand for a Bill of Particulars. 11. Objection. Demand is vague and overbroad. 12. Plaintiff alleges the above-captioned Defendant(s), and/or their respective FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ, were negligent, careless and recldess in their respective ownership, operation, maintenance, control, possession, supervision, direction, inspection, management, renovation, rehabilitation and/or alteration of the Subject Premises, fixtures and appurtenances; in that they permitted the Subject Premises to become, constitute and remain in a dangerous and hazardous condition; in failing to provide proper ventilation; in failing to make proper and reasonable inspection(s) of the Subject Premises; in that they failed to take any necessary and appropriate steps to remedy or eradicate the dangerous and hazardous condition complained of herein, specifically the testing for, and removal of toxic mold in and around the Subject Premises; in that it was the owners and/or possessors of said premises and, as such, had a duty to maintain the subject premises and to keep it free of dangerous and hazardous condition(s) including the hazardous condition(s) complained of herein; in failing and omitting to maintain the Subject Premises a reasonable, safe and suitable condition, free from dangers and hazards to a person lawfully entitled to be upon said premises; in carelessly, negligently and knowingly and for an unreasonable length of time, permitted the aforesaid Subject Premises to be and remain in an unsafe, hazardous and dangerous condition as to constitute a trap, menace and nuisance for those persons lawfully entitled to be upon said premises; Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ knew or, by the failure of exercise of reasonable care, and caution, should have known that said section of the Subject Premises, in its condition was likely to and would result in an occurrence similar FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 to the one involved herein; in that Defendant(s) failed to give Plaintiff notice of warnings of the dangers then and there existing, resulting in Plaintiff being subject to severe, chronic and life-altering illnesses and injuries, and incapacitating her from her employment/business. Plaintiff will also rely on the doctrine of res ipsa loquitur. 13. It will be claimed that Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ had actual and constructive notice of the aforesaid dangerous and defective condition(s). It will be claimed that Defendant(s), their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ had actual notice of the aforesaid defective and dangerous condition in that said defendant(s), and/or their agents, lessees, distributors, servants and/or employees created same or, if said condition was created by others, beyond the control of Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ, then, in that event, Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ had actual notice of its existence by virtue of said defective and/or dangerous condition located upon premises owned/operated/controlled and maintained by said Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ and observed by the Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ Without in any way conceding that actual notice is a necessary prerequisite to the suit herein, it will be claimed that Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ had FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 actual and constructive notice of the aforesaid dangerous and defective condition; and caused the same to exist. It will be claimed that Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ, had actual notice of the aforesaid defective and dangerous condition in that said Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ created same or, if said condition was created by others, beyond the control of Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ, then, in that event, Defendant(s), their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ had actual notice of its existence by virtue of said defective and/or dangerous condition located upon premises owned and/or operated by said Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ and observed by the Defendant(s), and/or their respective agents, servants, employees, assigns, and/or those under their command, control, contract, and/or employ. Additional discovery is needed to respond in more detail. The balance of this demand is objected to as overbroad, overly burdensome, and seeks information that is in the sole possession and control of these Defendant(s). 14. See Response #12 and 13. 15. As a result of the negligence of the Defendant(s), and as a result of toxic mold exposure at the Subject Premises, Plaintiff sustained the following severe and serious illnesses and injuries: Mycotoxicosis/Mold toxicity/Toxic mold syndrome CIRS (Chronic Inflammatory Responses Syndrome) FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 Chronic pain syndrome MCAS (Mast Cell Activation Syndrome) Chronic fatigue syndrome Cognitive functioning deficits Decision-making deficits Memory loss Headaches/Migraines Concentration problems Brain fog Difficulty with word recollection Disorientation Adrenal fatigue Adrenal deficiency syndrome Chronic fatigue syndrome, severe fatigue and weakness Chronic inflammation Chemical sensitivity Light sensitivity Appetite swings Persistent cognitive function deficits Insomnia Vertigo Chronic soft tissue injury Irritable bowel syndrome FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 Diarrhea Excessive thirst and dehydration Sinus problems/infection, congestion Weakness, numbness and tingling in extremities Cough and flu symptoms Sweats/night sweats Metallic taste in the mouth Difficulty with temperature regulation Asthma-like symptoms Digestion and mal-absorption issues Stiffness and shooting pains in the body Joint and muscle pain Skin rashes/cystic acne Mild hyperthermia in various location throughout the body Posterior neck pain Upper, mid, and low back pain Right hip pain. Abdomen tightness and pain. Treatments for the above symptoms and conditions have included extensive testing, internal and functional medicinal, neuropsychological, neuro-physical, orthopedic, physical therapy, acupuncture, hyperbaric chamber, nutritional, medical, cryotherapy, NAD, intravenous drug therapy, vitamin and supplement therapy, orthopedic, red light therapy, pain management, FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 as well as specialized treatment from experts in the field of mold toxicity; and Plaintiff continues to treat to the present day, and will likely continue treatment indefinitely. All of the foregoing cognitive deficiencies, impairments, and conditions have incapacitated Plaintiff from certain daily living activities and/or caused such daily living activities to be done with difficulty and/or pain. Plaintiff continues to suffer from such cognitive deficiencies, impairments, and conditions, and the resulting disabilities and all the natural and probable consequences of the mold toxicity and exposure set forth herein. All of the foregoing physical and bodily injuries caused severe swelling, pain, stiffness, tenderness, weakness, discomfort and restriction and limitation of motion. The foregoing injuries directly affected the skin, bones, tissues, nerves, blood vessels and joints of the injured parts, produced functional and organic disturbances and symptomatic and radiating pains to and about the adjacent and surrounding areas and restriction and limitation of motion of the affected parts of his body. The plaintiff suffers and continues to suffer pain, discomfort and disability and all the natural and probable consequences of the mold toxicity and exposure set forth herein. All of these injuries resulted in extreme pain, tenderness and discomfort. Upon information and belief, it is believed that the injuries so sustained have weakened those parts of the body and have rendered them more susceptible to future trauma. As a result of the above injuries, plaintiff suffers pain and tenderness, weakness, loss of function, loss of strength, limitation and restriction of motion, and pain on motion. Plaintiff was caused to suffer possible or potential further complications due to the injuries. Upon information and belief, these injuries aggravated, activated, and/or precipitated underlying, cognitive, hypertrophic, degenerative arthritic, circulatory, arterial, venous, and/or FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 systemic conditions, which were asymptomatic prior to the accident complained of and/or aggravated and exacerbated pre-existing conditions. All of the aforementioned injuries, conditions, cognitive dysfunctions, manifestations, resulting, disabilities, and involvements are associated with further atrophy, degrading, further soft tissue injury to the areas traumatically affected, including further disfunction, further injury, tearing, derangement, and damage to the associated blood vessels, and blood supply, nerves and nerve tissue, epithelial tissue, soft tissue, all concomitant to the special injuries and related to many portions mentioned hereinabove, with resultant pain, deformity, and disability, stiffness, tenderness, weakness, and partial restriction and limitation of motion and pain on motion and possible loss of the use of the above mentioned parts. Upon information and belief, these cognitive impairments, deficiencies and conditions, along with the Plaintiff's physical and bodily injuries and their sequelae are permanent, chronic, and lasting in their nature and character with permanent effects of pain, loss of use, loss of motion, disability, loss of proper use, atrophy, pain, discomfort and suffering. Plaintiff reserves the right to prove any and all further consequences arising out of the said injuries and conditions up to and at the time of the trial 16. Plaintiff objects to the demand as it is palpably improper demand, in the form of impermissible interrogatories, evidentiary in nature and/or is outside the scope of CPLR actions." 3043(a), entitled "Bill of Particulars in personal injury Nevertheless, and without waiving said objection, the employment information sought shall be provided under a separate cover when the amount of such lost earnings, future lost earnings, and benefits, have been calculated/estimated. Further notwithstanding, the Plaintiff is providing Tax Returns and W2 information annexed to Plaintiff's Response to Combined Demands, which FILED: NEW YORK COUNTY CLERK 11/21/2023 10:32 AM INDEX NO. 152428/2023 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 11/21/2023 is being served contemporaneously with this Bill of Particulars. Plaintiff's Income Summary 2020-2022 Plaintiff's W2 income from Microsoft for year 2022 - $249,398.00 Plaintiff's W2 income from Microsoft for year 2021 - $217,348.00 Plaintiff's W2 income from Microsoft for year 2020 - $356,166.00 17. Plaintiff's former business(es), Galaxy Partners, LLC, and Perks Consulting, Inc., operated at a net loss each of the accompanying years, as indicated on the provided tax returns. Plaintiff was terminated from her employment due to disability as a result of the hereinabove as of 7/22/2022; and she continues to receive long term disability benefits through her former employer, to date. Plaintiff remains incapacitated from employment from December 2020 to Present day, and will likely be incapacitated from employment for the foreseeable future, and/or indefinitely. 18. Not applicable. Plaintiff did not miss any time from school. 19. Not applicable. Plaintiff was not attending any day care or nursery. 20. Plaintiff has not been confined to a hospital for any length of time. 21. Plaintiff has incurred bill/special damages, and out of pocket expenses with regard to the treatment rendered by health care providers and related treatment; all bills of the providers have been submitted to/paid by plaintiff's collateral source provider(s), duly executed authorizations directed to the treating providers and collateral source provider(s), as applicable, are being, or have already been, served annexed to Plaintiff's Response to Combined Demands. " Physician's expenses; paid for collateral sources and private insurance in by