Preview
FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------------x
Index No.: 508174/2023
JAMES GEOFFREY,
Plaintiff,
PLAINTIFF'S VERIFIED
BILL OF PARTICULARS
-against-
SMITELL LLC SMITTELL B-1 LLC and EXTELL
DEVELOPMENT COMPANY,
Defendants.
--------------------------------------------------------------------x
SMITELL LLC SMITTELL B-1 LLC and EXTELL
DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC AND SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
____________________________________________________________________Ç
SMITELL LLC, SMITELL B-1 LLC,
And EXTELL DEVELOPMENT COMPANY,
Second Third-Party Plaintiffs,
-against-
PREMIUM GRADE MILLWORK CORP.
Second Third-Party Defendants.
____________________________________________________________________Ç
Plaintiff, JAMES GEOFFREY, by his attorneys, KRENTSEL GUZMAN HERBERT,
LLP, as for his Verified Bill of Particulars as to Defendant SUNSHINE MF II, LLC, sets forth
the following upon information and belief:
213t
1. Plaintiff's current address: 131 East Street, #2M, Brooklyn, NY 11226.
2. Plaintiff's DOB:
Plaintiff's SSN:
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3. See #1.
57*
4. At or near 217 West Street, Apt. #118, New York, NY 10019.
5. While in the course of his employment, Plaintiff was working in Apartment #118 located
57*
at 217 West Street, New York, NY 10019. At approximately 7:45 AM, Plaintiff
was where materials were and in doing 10-
moving scaffolding stored, so, a box holding
foot-long metal boxes of frames fell onto his right shoulder.
6. Acts and Careless and negligent in the ownership, operation, control, management,
maintenance, equipping, renovation, alteration, construction, arranging, conducting and
repair of the aforesaid premises/entrance/lobby and all appurtenances therein and
thereat; in causing, allowing, permitting and/or creating a dangerous, defective,
hazardous, unsafe and trap-like condition to develop at said premises; in allowing,
permitting and causing a defective condition to remain at the aforesaid premises, without
any signs and/or warnings thereat; in utilizing an unsafe and perilous area, which among
other things, was unreasonably raised, uneven, chipped, broken, dangerous, thereby
creating a perilous condition thereat; in utilizing an unsafe and perilous living area,
which among other things, was unreasonably uneven, mis-leveled, trap-like and
dangerous, thereby creating a perilous condition thereat; in utilizing a hazardous
condition, which dangerously obstructed and hindered said area; in failing to utilize a
proper area at said location; in failing to provide a safe means of access at said location;
in failing to secure a dangerous condition thereat; in creating a dangerously means of
access at the subject premises; in negligently and failing to properly renovate, repair,
build, install and/or construct said location; in creating a perilous condition at same; in
failing to warn persons of said hazardous, unsafe and trap-like condition; in failing to
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use adequate or proper methods to maintain said area; in causing, allowing, permitting
and/or creating said premises and parts thereof, as described above, to fall into a state of
disrepair, as described above, that it constituted a public and private nuisance and trap
for the unaware, the public at large, and more particularly the plaintiff herein, that while
lawfully upon the aforesaid location, plaintiff was caused to be trip, fall and be violently
precipitated to the ground. Said occurrence happening solely by reason of the
carelessness and negligence of the defendant, their agents, servants and/or employees
without any fault, wrongdoing, lack of care or culpable conduct on the part of the
plaintiff contributing thereto; in failing to provide protective safety devices around, at,
along, near or upon the aforesaid hazardous, defective and dangerous condition; in
failing to warn the public at large, those mentioned above, and more particularly the
plaintiff herein, that said premises and parts thereof, as described above, were in a
dangerous and defective condition; in failing to place warning signs, notice, barriers,
ropes and/or cones around said defective condition so as to prevent the public at large
and more particularly the plaintiff herein, from passing nearby and becoming exposed
to the hazards therein and thereat; in failing to inspect the premises and parts thereof, as
described above, for latent and patent defects; in allowing the aforesaid premises to
remain unsecured; in failing to hire and/or employ adequate, properly trained and/or
sufficient personnel for the purposes of supervising, inspecting, maintaining,
constructing and repairing said premises and parts thereof, as described above; in failing
to hire and employ any personnel for any of the aforementioned purposes; in hiring
and/or employing incompetent, untrained, and insufficient numbers of personnel to
perform supervision, inspection, maintenance, construction and repair duties at said
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premises; in failing to train and supervise their agents, servants and/or employees in the
proper and necessary inspection and maintenance of said premises; in failing to
promulgate and enforce sufficient rules and regulations for safety standards of said
premises; in causing injury to plaintiff herein; in failing to keep plaintiff, free from
injury, notwithstanding the fact that the defendant, their agents, servants and/or
employees, knew of, observed, permitted, allowed, caused and/or created the aforesaid
defective condition to which the public at large, those mentioned above, and more
particularly the plaintiff herein, would be exposed; in violating all applicable laws,
statutes, rules, regulations codes and ordinances then and there in effect and existing at
the place and time of the occurrence complained of; and in being careless, reckless, and
negligent in the ownership, leasing, operation, control, management, supervision,
inspection, maintenance, repair, construction, placement, equipping, guarding,
renovating, alteration, arranging and conducting of the aforesaid location and parts
thereof; in deviating from the standards of care and safety in accordance with industry
custom, regulation, and/or rules, and with common knowledge and/or common sense;
and in declining to, refusing to, failing to and refraining from correcting, repairing,
eliminating and curing the above described defective condition, thereby evincing a
conscious disregard for the health, safety and welfare of others, of the public at large, of
those mentioned above, and more particularly the plaintiff herein.
7. Objection. Statutes are not required to be specified in a Bill of Particulars unless they
are raised in the complaint. Sobel v. Midchester Jewish Center, 52 AD2d 944 (App. Div.
2d Dept. 1976)
8. See #5.
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9. Actual and constructive notice is claimed in that defendant, their agents, servants,
contractors, sub-contractors, and/or employees, created, caused, allowed and permitted
said aforementioned dangerous, hazardous and defective condition to existed in failing
to provide proper and adequate safeguards, warning notices, barricades, barriers, ropes,
safety barriers, and/or other protective means so as to prevent an accident of this nature
from occurring; in failing to inspect said premises and in failing to supervise and/or
control the inspection activities of the agents servants and/or employees of the
defendant; and in failing to take adequate precautions in order to prevent this foreseeable
occurrence. Defendant, thereby, had actual notice of said dangerous and hazardous
condition. In addition, the dangerous and hazardous condition existed for a protracted
and prolonged period of time and defendant knew of should have know of said
condition. Constructive notice will be predicated upon the active negligence of the
defendant. As to constructive notice, the same will be predicated upon all of the
elements of actual notice herein specified; additionally, same will be predicated upon
the reservation of rights and actual exercise thereon with respect to the maintenance,
inspection, supervision, utilization, and operation of said premises and the
instrumentalities thereon; the duration of said condition existed for a reasonable period
of time which, upon information and belief, commenced from the time which, upon
information and belief, commenced from the time that the defendants took control of
the premises; also, duties imposed by law upon defendants with respect to safety,
maintenance, repair and inspection, the discharge of which did and should have apprized
the defendant of the defects herein. Additional information as to actual and/or
constructive notice is peculiarly within the exclusive hands of the defendant.
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10. As a result of the negligence, carelessness and recklessness of the defendant herein,
Plaintiff, sustained the following personal injuries:
Trauma, injury, damage to the cervical spine, including but not limited to:
Plaintiff underwent cervical fusion dated August 30, 2023, performed by Dr.
Martien Quirno, including: cervical discectomy and fusion, severe foraminal
stenosis on the left at C3-C4 and on the right at C5-C6, moderate on the left
and at the right at C6-C7 and bilaterally C7-T1 disc bulges, disc herniations,
sprains, strains, requiring multiple trigger point injections, epidurals and other
spinal surgeries, evidence of abnormal alignment with loss of normal cervical
curvature with resultant straightening; vertebral subluxation complex, numbness;
muscle spasm; cervical strain, cervical pain, cervaglia, cervical subluxation,
radiculopathy, need for future invasive spinal surgeries;
Trauma, injury and damage to the left knee, including but not limited to:
Plaintiff underwent right shoulder arthroscopy dated April 14, 2023 with
Dr. Matthew Wert including: complete -
synovectomy scope, chondroplasty
humeral head, arthroscopic major joint debridement of anterior labrum,
arthroscopic major joint debridement of superior labrum, partial
debridement - rotator cuff - lysis and resection of
supraspinatus,
adhesions, ACL tears, multiple chondral fractures, multiple meniscal, ligament,
cartilage and tendon tears, requiring surgery, with resultant permanent and
disfiguring scarring, synovial effusion, chondromalacia, tendinosis, internal
deformities, severe internal derangement, severe inflammation, severe
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contusions, severe hematomas, need for future surgeries, permanent limp, need
for a knee replacement;
Trauma, injury and damage to the right shoulder, including but not limited to:
massive severely retracted superior rotator cuff tear, involving the entire
supraspinatus and anterior half of the infraspinatus tendons, supraspinatus
and moderate infraspinatus muscular atrophy, low-grade strain of the
superior infraspinatus muscle, subcentimeter partial-thickness articular
surface tear of the subscapularis tendon at the superior insertion and
tendinosis. Long bicep tendinosis, rotator cuff arthropathy, moderate
glenohumeral joint osteoarthritis. Degenerative tear of the superior
labrum. Small effusion with chronic synovitis within the auxiliary and
subscapularis recesses. Moderate acromioclavicular joint osteoarthritis,
small subacromial spurs, and subacromial subdeltoid bursal fluid
communicating with the glenohumeral joint across the rotator cuff tear,
multiple ligament, cartilage and tendon tears, multiple chondral fractures,
requiring surgery, with resultant permanent and disfiguring scarring, severe joint
effusion, internal derangement, severe deformities, need for future surgeries and
complete shoulder replacement;
Trauma, injury, damage to the cervical spine, including but not limited to: severe
foraminal stenosis on the left at C3-C4 and on the right at C5-C6, moderate
on the left and at the right at C6-C7 and bilaterally C7-T1 disc bulges, disc
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herniations, sprains, strains, requiring multiple trigger point injections, epidurals
and other spinal surgeries, evidence of abnormal alignment with loss of normal
cervical curvature with resultant straightening; vertebral subluxation complex,
numbness; muscle spasm; cervical strain, cervical pain, cervaglia, cervical
subluxation, radiculopathy, need for future invasive spinal surgeries;
Trauma, injury, damage to the lumbar spine, including but not limited to:
foraminal narrowing bilaterally at L3-L4 and L4-L5 and lower lumbar facet
arthrosis, bulges, herniations, severe lumbar and sacral radiculopathy, requiring
multiple trigger point injections and spinal epidural surgeries, with permanent
deformities and permanent disfiguring scarring, evidence of abnormal alignment
with loss of normal with resultant straightening; vertebral subluxation complex,
numbness; muscle spasm; lumbaglia, lumbar subluxation, radiculopathy,
exacerbation and aggravation of prior injuries and conditions, requiring future
multiple trigger point injection and spinal surgeries, need for future spinal
surgeries;
Trauma, injury, damage to the thoracic spine, including but not limited to:
abnormal alignment with loss of normal thoracic, thoracic spine derangement,
sprain and strain, vertebral subluxation complex;
Internal derangement;
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Muscle spasms;
Body tightness;
Body weakness;
Need to undertake physical therapy and/or chiropractor care; possible need for
future surgery to his left knee, right shoulder, cervical spine, thoracic spine,
and/or lumbar spine.
All of the aforementioned injuries, manifestations and resulting disabilities and/or
involvements are associated with further soft tissue injury and/or inflammation to
the area traumatically affected injury, tearing, derangement and damage to the
associated muscle groups, ligaments, tendons, cartilages, blood vessels, epithelial
tissue, soft tissue, all concomitant to the specific injuries, injuries affecting the
skeletal structure with resultant present and/or future manifestations of
osteoporosis, bursitis, traumatic arthritis and osteoarthritic degeneration of the
affected areas, all concomitant to the specific injuries and related to the many
portions mentioned herein, with resultant pain, deformity, disability, stiffness,
tenderness, atrophy, derangement and restriction of motion, and possible loss of
use of the mentioned parts along with anxiety, mental anguish and all
substantially preventing this plaintiff from enjoying the normal fruits of activities,
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whether they be social, educational, economic and sexual; and plaintiff s
enjoyment of life has been permanently impaired, impeded and/or destroyed.
Need for future surgery;
Plaintiff reserves the right to amend the above list as such information becomes
known to him.
All of the afore-mentioned injuries are deemed permanent and life-long.
11. See #10.
12. The length of time plaintiff was confined to:
a. 1 day;
b. 1 day;
c. 1 day;
13. The length of time plaintiff claims to have been:
a. Totally disabled: Not applicable.
b. Partially disabled: To be determined.
c. Unable to pursue usual occupation: To be determined.
14. Plaintiff has been unable to work since January of 2023 and will be claiming lost wages.
a. To be determined.
3rd
b. Premium Grade Millwork Corp; 2091 Broadway, Floor, New York, NY
10023
c. Unknown at this time. Plaintiff reserves the right to supplement this response.
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d. Unknown at this time. Plaintiff reserves the right to supplement this response.
e. See (b).
f. To be determined.
g. To be determined.
15. Not applicable.
16. Special damages:
a. Physician services: $20,000 and counting;
b. Medical supplies: $2,000 and counting;
c. Loss of earnings: Unknown at this time.
d. X-rays: To be determined.
e. Hospital expenses: $10,000 and counting;
Nurses'
f. services: $5,000 and counting;
g. All other special damages: To be determined.
Dated: New York, New York
November 6, 2023
Yours, et ,
By: Jason erb rt, Esq.
KRENTS UZMAN HERBERT, LLP.
Attorneys for Plaintiff
17 Battery Place - Suite 604
New York, New York 10004
(212) 227-2900
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TO:
MILBER MAKRIS PLOUSADIS & SEIDEN, LLP
Attorneys for Defendant
Sunshine MF II, LLC
100 Manhattanville Road, Suite 4E20
Purchase, NY 10577
REBORE, THORPE, & PISARELLO, P.C.
Attorneys for Defendant
Smitell LLC, Smittell B-1 LLC, and Extell Development Company
500 Bi-County Blvd., Suite 102
Farmingdale, NY 11735
SILVERLINING INTERIORS, INC.
3rd
2091 Broadway, FlOOr
New York, NY 10004
12 of 118
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------------------x
JAMES GEOFFREY,
Index No.: 508174/2023
PLAINTIFF'S RESPONSE TO
-against-
COMBINED DEMANDS
SMITELL LLC SMITTELL B-1 LLC and EXTELL
DEVELOPMENT COMPANY,
Defendants.
---------------------------------------------------------x
SMITELL LLC SMITTELL B-1 LLC and EXTELL
DEVELOPMENT COMPANY,
Third-Party Plaintiffs,
-against-
SUNSHINE MF II LLC AND SILVERLINING
INTERIORS, INC.,
Third-Party Defendants.
_________________________________________________x
SMITELL LLC, SMITELL B-1 LLC,
And EXTELL DEVELOPMENT COMPANY,
Second
Preview
FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------x Index No.: 508174/2023 JAMES GEOFFREY, Plaintiff, PLAINTIFF'S VERIFIED BILL OF PARTICULARS -against- SMITELL LLC SMITTELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Defendants. --------------------------------------------------------------------x SMITELL LLC SMITTELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC AND SILVERLINING INTERIORS, INC., Third-Party Defendants. ____________________________________________________________________Ç SMITELL LLC, SMITELL B-1 LLC, And EXTELL DEVELOPMENT COMPANY, Second Third-Party Plaintiffs, -against- PREMIUM GRADE MILLWORK CORP. Second Third-Party Defendants. ____________________________________________________________________Ç Plaintiff, JAMES GEOFFREY, by his attorneys, KRENTSEL GUZMAN HERBERT, LLP, as for his Verified Bill of Particulars as to Defendant SUNSHINE MF II, LLC, sets forth the following upon information and belief: 213t 1. Plaintiff's current address: 131 East Street, #2M, Brooklyn, NY 11226. 2. Plaintiff's DOB: Plaintiff's SSN: 1 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 3. See #1. 57* 4. At or near 217 West Street, Apt. #118, New York, NY 10019. 5. While in the course of his employment, Plaintiff was working in Apartment #118 located 57* at 217 West Street, New York, NY 10019. At approximately 7:45 AM, Plaintiff was where materials were and in doing 10- moving scaffolding stored, so, a box holding foot-long metal boxes of frames fell onto his right shoulder. 6. Acts and Careless and negligent in the ownership, operation, control, management, maintenance, equipping, renovation, alteration, construction, arranging, conducting and repair of the aforesaid premises/entrance/lobby and all appurtenances therein and thereat; in causing, allowing, permitting and/or creating a dangerous, defective, hazardous, unsafe and trap-like condition to develop at said premises; in allowing, permitting and causing a defective condition to remain at the aforesaid premises, without any signs and/or warnings thereat; in utilizing an unsafe and perilous area, which among other things, was unreasonably raised, uneven, chipped, broken, dangerous, thereby creating a perilous condition thereat; in utilizing an unsafe and perilous living area, which among other things, was unreasonably uneven, mis-leveled, trap-like and dangerous, thereby creating a perilous condition thereat; in utilizing a hazardous condition, which dangerously obstructed and hindered said area; in failing to utilize a proper area at said location; in failing to provide a safe means of access at said location; in failing to secure a dangerous condition thereat; in creating a dangerously means of access at the subject premises; in negligently and failing to properly renovate, repair, build, install and/or construct said location; in creating a perilous condition at same; in failing to warn persons of said hazardous, unsafe and trap-like condition; in failing to 2 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 use adequate or proper methods to maintain said area; in causing, allowing, permitting and/or creating said premises and parts thereof, as described above, to fall into a state of disrepair, as described above, that it constituted a public and private nuisance and trap for the unaware, the public at large, and more particularly the plaintiff herein, that while lawfully upon the aforesaid location, plaintiff was caused to be trip, fall and be violently precipitated to the ground. Said occurrence happening solely by reason of the carelessness and negligence of the defendant, their agents, servants and/or employees without any fault, wrongdoing, lack of care or culpable conduct on the part of the plaintiff contributing thereto; in failing to provide protective safety devices around, at, along, near or upon the aforesaid hazardous, defective and dangerous condition; in failing to warn the public at large, those mentioned above, and more particularly the plaintiff herein, that said premises and parts thereof, as described above, were in a dangerous and defective condition; in failing to place warning signs, notice, barriers, ropes and/or cones around said defective condition so as to prevent the public at large and more particularly the plaintiff herein, from passing nearby and becoming exposed to the hazards therein and thereat; in failing to inspect the premises and parts thereof, as described above, for latent and patent defects; in allowing the aforesaid premises to remain unsecured; in failing to hire and/or employ adequate, properly trained and/or sufficient personnel for the purposes of supervising, inspecting, maintaining, constructing and repairing said premises and parts thereof, as described above; in failing to hire and employ any personnel for any of the aforementioned purposes; in hiring and/or employing incompetent, untrained, and insufficient numbers of personnel to perform supervision, inspection, maintenance, construction and repair duties at said 3 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 premises; in failing to train and supervise their agents, servants and/or employees in the proper and necessary inspection and maintenance of said premises; in failing to promulgate and enforce sufficient rules and regulations for safety standards of said premises; in causing injury to plaintiff herein; in failing to keep plaintiff, free from injury, notwithstanding the fact that the defendant, their agents, servants and/or employees, knew of, observed, permitted, allowed, caused and/or created the aforesaid defective condition to which the public at large, those mentioned above, and more particularly the plaintiff herein, would be exposed; in violating all applicable laws, statutes, rules, regulations codes and ordinances then and there in effect and existing at the place and time of the occurrence complained of; and in being careless, reckless, and negligent in the ownership, leasing, operation, control, management, supervision, inspection, maintenance, repair, construction, placement, equipping, guarding, renovating, alteration, arranging and conducting of the aforesaid location and parts thereof; in deviating from the standards of care and safety in accordance with industry custom, regulation, and/or rules, and with common knowledge and/or common sense; and in declining to, refusing to, failing to and refraining from correcting, repairing, eliminating and curing the above described defective condition, thereby evincing a conscious disregard for the health, safety and welfare of others, of the public at large, of those mentioned above, and more particularly the plaintiff herein. 7. Objection. Statutes are not required to be specified in a Bill of Particulars unless they are raised in the complaint. Sobel v. Midchester Jewish Center, 52 AD2d 944 (App. Div. 2d Dept. 1976) 8. See #5. 4 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 9. Actual and constructive notice is claimed in that defendant, their agents, servants, contractors, sub-contractors, and/or employees, created, caused, allowed and permitted said aforementioned dangerous, hazardous and defective condition to existed in failing to provide proper and adequate safeguards, warning notices, barricades, barriers, ropes, safety barriers, and/or other protective means so as to prevent an accident of this nature from occurring; in failing to inspect said premises and in failing to supervise and/or control the inspection activities of the agents servants and/or employees of the defendant; and in failing to take adequate precautions in order to prevent this foreseeable occurrence. Defendant, thereby, had actual notice of said dangerous and hazardous condition. In addition, the dangerous and hazardous condition existed for a protracted and prolonged period of time and defendant knew of should have know of said condition. Constructive notice will be predicated upon the active negligence of the defendant. As to constructive notice, the same will be predicated upon all of the elements of actual notice herein specified; additionally, same will be predicated upon the reservation of rights and actual exercise thereon with respect to the maintenance, inspection, supervision, utilization, and operation of said premises and the instrumentalities thereon; the duration of said condition existed for a reasonable period of time which, upon information and belief, commenced from the time which, upon information and belief, commenced from the time that the defendants took control of the premises; also, duties imposed by law upon defendants with respect to safety, maintenance, repair and inspection, the discharge of which did and should have apprized the defendant of the defects herein. Additional information as to actual and/or constructive notice is peculiarly within the exclusive hands of the defendant. 5 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 10. As a result of the negligence, carelessness and recklessness of the defendant herein, Plaintiff, sustained the following personal injuries: Trauma, injury, damage to the cervical spine, including but not limited to: Plaintiff underwent cervical fusion dated August 30, 2023, performed by Dr. Martien Quirno, including: cervical discectomy and fusion, severe foraminal stenosis on the left at C3-C4 and on the right at C5-C6, moderate on the left and at the right at C6-C7 and bilaterally C7-T1 disc bulges, disc herniations, sprains, strains, requiring multiple trigger point injections, epidurals and other spinal surgeries, evidence of abnormal alignment with loss of normal cervical curvature with resultant straightening; vertebral subluxation complex, numbness; muscle spasm; cervical strain, cervical pain, cervaglia, cervical subluxation, radiculopathy, need for future invasive spinal surgeries; Trauma, injury and damage to the left knee, including but not limited to: Plaintiff underwent right shoulder arthroscopy dated April 14, 2023 with Dr. Matthew Wert including: complete - synovectomy scope, chondroplasty humeral head, arthroscopic major joint debridement of anterior labrum, arthroscopic major joint debridement of superior labrum, partial debridement - rotator cuff - lysis and resection of supraspinatus, adhesions, ACL tears, multiple chondral fractures, multiple meniscal, ligament, cartilage and tendon tears, requiring surgery, with resultant permanent and disfiguring scarring, synovial effusion, chondromalacia, tendinosis, internal deformities, severe internal derangement, severe inflammation, severe 6 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 contusions, severe hematomas, need for future surgeries, permanent limp, need for a knee replacement; Trauma, injury and damage to the right shoulder, including but not limited to: massive severely retracted superior rotator cuff tear, involving the entire supraspinatus and anterior half of the infraspinatus tendons, supraspinatus and moderate infraspinatus muscular atrophy, low-grade strain of the superior infraspinatus muscle, subcentimeter partial-thickness articular surface tear of the subscapularis tendon at the superior insertion and tendinosis. Long bicep tendinosis, rotator cuff arthropathy, moderate glenohumeral joint osteoarthritis. Degenerative tear of the superior labrum. Small effusion with chronic synovitis within the auxiliary and subscapularis recesses. Moderate acromioclavicular joint osteoarthritis, small subacromial spurs, and subacromial subdeltoid bursal fluid communicating with the glenohumeral joint across the rotator cuff tear, multiple ligament, cartilage and tendon tears, multiple chondral fractures, requiring surgery, with resultant permanent and disfiguring scarring, severe joint effusion, internal derangement, severe deformities, need for future surgeries and complete shoulder replacement; Trauma, injury, damage to the cervical spine, including but not limited to: severe foraminal stenosis on the left at C3-C4 and on the right at C5-C6, moderate on the left and at the right at C6-C7 and bilaterally C7-T1 disc bulges, disc 7 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 herniations, sprains, strains, requiring multiple trigger point injections, epidurals and other spinal surgeries, evidence of abnormal alignment with loss of normal cervical curvature with resultant straightening; vertebral subluxation complex, numbness; muscle spasm; cervical strain, cervical pain, cervaglia, cervical subluxation, radiculopathy, need for future invasive spinal surgeries; Trauma, injury, damage to the lumbar spine, including but not limited to: foraminal narrowing bilaterally at L3-L4 and L4-L5 and lower lumbar facet arthrosis, bulges, herniations, severe lumbar and sacral radiculopathy, requiring multiple trigger point injections and spinal epidural surgeries, with permanent deformities and permanent disfiguring scarring, evidence of abnormal alignment with loss of normal with resultant straightening; vertebral subluxation complex, numbness; muscle spasm; lumbaglia, lumbar subluxation, radiculopathy, exacerbation and aggravation of prior injuries and conditions, requiring future multiple trigger point injection and spinal surgeries, need for future spinal surgeries; Trauma, injury, damage to the thoracic spine, including but not limited to: abnormal alignment with loss of normal thoracic, thoracic spine derangement, sprain and strain, vertebral subluxation complex; Internal derangement; 8 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 Muscle spasms; Body tightness; Body weakness; Need to undertake physical therapy and/or chiropractor care; possible need for future surgery to his left knee, right shoulder, cervical spine, thoracic spine, and/or lumbar spine. All of the aforementioned injuries, manifestations and resulting disabilities and/or involvements are associated with further soft tissue injury and/or inflammation to the area traumatically affected injury, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, cartilages, blood vessels, epithelial tissue, soft tissue, all concomitant to the specific injuries, injuries affecting the skeletal structure with resultant present and/or future manifestations of osteoporosis, bursitis, traumatic arthritis and osteoarthritic degeneration of the affected areas, all concomitant to the specific injuries and related to the many portions mentioned herein, with resultant pain, deformity, disability, stiffness, tenderness, atrophy, derangement and restriction of motion, and possible loss of use of the mentioned parts along with anxiety, mental anguish and all substantially preventing this plaintiff from enjoying the normal fruits of activities, 9 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 whether they be social, educational, economic and sexual; and plaintiff s enjoyment of life has been permanently impaired, impeded and/or destroyed. Need for future surgery; Plaintiff reserves the right to amend the above list as such information becomes known to him. All of the afore-mentioned injuries are deemed permanent and life-long. 11. See #10. 12. The length of time plaintiff was confined to: a. 1 day; b. 1 day; c. 1 day; 13. The length of time plaintiff claims to have been: a. Totally disabled: Not applicable. b. Partially disabled: To be determined. c. Unable to pursue usual occupation: To be determined. 14. Plaintiff has been unable to work since January of 2023 and will be claiming lost wages. a. To be determined. 3rd b. Premium Grade Millwork Corp; 2091 Broadway, Floor, New York, NY 10023 c. Unknown at this time. Plaintiff reserves the right to supplement this response. 10 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 d. Unknown at this time. Plaintiff reserves the right to supplement this response. e. See (b). f. To be determined. g. To be determined. 15. Not applicable. 16. Special damages: a. Physician services: $20,000 and counting; b. Medical supplies: $2,000 and counting; c. Loss of earnings: Unknown at this time. d. X-rays: To be determined. e. Hospital expenses: $10,000 and counting; Nurses' f. services: $5,000 and counting; g. All other special damages: To be determined. Dated: New York, New York November 6, 2023 Yours, et , By: Jason erb rt, Esq. KRENTS UZMAN HERBERT, LLP. Attorneys for Plaintiff 17 Battery Place - Suite 604 New York, New York 10004 (212) 227-2900 11 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 TO: MILBER MAKRIS PLOUSADIS & SEIDEN, LLP Attorneys for Defendant Sunshine MF II, LLC 100 Manhattanville Road, Suite 4E20 Purchase, NY 10577 REBORE, THORPE, & PISARELLO, P.C. Attorneys for Defendant Smitell LLC, Smittell B-1 LLC, and Extell Development Company 500 Bi-County Blvd., Suite 102 Farmingdale, NY 11735 SILVERLINING INTERIORS, INC. 3rd 2091 Broadway, FlOOr New York, NY 10004 12 of 118 FILED: KINGS COUNTY CLERK 11/06/2023 04:20 PM INDEX NO. 508174/2023 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 11/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------x JAMES GEOFFREY, Index No.: 508174/2023 PLAINTIFF'S RESPONSE TO -against- COMBINED DEMANDS SMITELL LLC SMITTELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Defendants. ---------------------------------------------------------x SMITELL LLC SMITTELL B-1 LLC and EXTELL DEVELOPMENT COMPANY, Third-Party Plaintiffs, -against- SUNSHINE MF II LLC AND SILVERLINING INTERIORS, INC., Third-Party Defendants. _________________________________________________x SMITELL LLC, SMITELL B-1 LLC, And EXTELL DEVELOPMENT COMPANY, Second