Preview
FILED: KINGS COUNTY CLERK 12/28/2023 01:22 PM INDEX NO. 534919/2023
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------------X Index No. 534919/2023
MUHAMMAD AMER,
Plaintiff, DEFENDANTS’
– against – DEMAND FOR A
VERIFIED BILL OF
OSMOSE UTILITIES SERVICES, INC. and PARTICULARS
KEVIN CRUZ
Defendants.
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PLEASE TAKE NOTICE, that, pursuant to Section 3041 et seq. of the Civil Practice
Law and Rules (“CPLR”), Defendants, OSMOSE UTILITIES SERVICES, INC. and KEVIN
CRUZ (“Answer Defendants”) hereby demand that plaintiff serve on the undersigned attorneys
within thirty (30) days after service of this Demand a Verified Bill of Particulars with respect to
the following matters.
1) State plaintiffs’ full name, age, date and place of birth, address and social security number.
2) State the date of the accident.
3) State the time of the accident.
4) State the exact location where the accident allegedly occurred.
5) Set forth in detail each and every specific act or omission constituting the claimed
negligence on the part of each of the Defendants that plaintiff will claim caused or
contributed to the alleged accident.
6) Set forth a statement of each and every statute, law, ordinance, rule, regulation or code
claimed to have been violated by Defendants and the exact manner in which each statute
or ordinance was violated;
7) Describe the activity that the plaintiff was performing immediately prior to the alleged
occurrence.
8) Set forth a statement of the action, activities, and/or omissions of any person other than
Defendants which caused or contributed, in whole or in part, to the accident alleged in the
complaint. If so, state:
a. the name and address of each such person;
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b. the specific nature of each such action, activity or omission;
c. how and in what manner it is contended that each person contributed to cause the
incident alleged.
9) If plaintiff obtained medical treatment and/or consultation for his alleged injuries at any
time subsequent to the alleged occurrence, identify who provided said treatment or
consultation, where it was provided, when it was provided and the nature of the treatment
or consultation provided.
10) State the nature and extent of all injuries claimed.
11) Specify those injuries claimed to be permanent.
12) State which injuries are alleged to come within the meaning of Insurance Law §5102(d).
13) Set forth in which respects the economic loss is greater than basic economic loss as defined
in Insurance Law §5102 (a).
14) If you contend you sustained a fracture or permanent loss of use of a body organ, member,
function or system pursuant to Insurance Law 5102(d), please identify the body organ,
member, function or system where you sustained a fracture or permanent loss of use and
whether the condition is or will be permanent.
15) If you contend you sustained a permanent consequential limitation of use of a body organ
or member pursuant to Insurance Law 5102(d), please identify the body organ or member
where you sustained a permanent consequential limitation and identify the permanent
consequential limitation.
16) If you contend you sustained a significant limitation of use of a body function or system
pursuant to Insurance Law 5102(d), please identify the body organ or system where you
sustained a significant limitation of use and identify the significant limitation of use.
17) If you contend you sustained a medically determined injury or impairment of a non-
permanent nature which prevents you from performing substantially all of the material acts
which constitute such person's usual and customary daily activities for not less than ninety
days during the one hundred eighty days immediately following the occurrence of the
injury or impairment pursuant to Insurance Law 5102(d), identify the medically determined
injury or impairment of a non-permanent nature, identify all of the material acts which
constitute such person's usual and customary daily activities that you could not perform for
not less than ninety days during the one hundred eighty days immediately following the
occurrence of the injury or impairment and state when you have been able to perform your
usual and customary daily activities.
18) State the nature, extent and location of the claimed permanent injuries.
19) State the name and the address of plaintiff’s employer at the time of the alleged accident,
including the length of time employed by the said employer.
20) If a loss of earnings is being claimed, state the:
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a. Name and address of plaintiff’s employer(s);
b. Number of days incapacitated, setting forth the dates;
c. Daily, weekly, monthly and annual earnings; and
d. Total amount of loss claimed.
21) If plaintiff was a student at the time of the accident, state the:
a. Name and address of school; and
b. Dates plaintiff failed to attend school as a result of the incident.
22) If plaintiff was confined to a hospital(s) as a result of the accident, state the:
a. Length of time confined to a hospital(s), giving date(s) of admission and date(s) of
discharge; and
b. Name and address of hospital(s).
23) If plaintiff was confined to a bed as a result of the accident, state the length of time confined
to bed, giving date(s).
24) If plaintiff was confined to home as a result of the accident, state the length of time confined
to home, giving date(s).
25) Sate the amount of money actually expended for:
a. Hospital(s) and date(s) of visit(s) (identify hospital[s]);
b. Physician(s) and date(s) of visit(s) (identify physician[s]);
c. Nurse(s) and date(s) of visit(s);
d. Medicine(s) and date(s) obtained.
26) Set forth the name and address of each person and/or entity who rendered the services or
provided the supplies for which special damages are claimed.
27) State the total amounts claimed for any future medical expenses, including what amounts
would be out-of-pocket, state the bases for plaintiff’s claim that such expenses will be
incurred and specify the manner in which the expenses were calculated.
28) State the total amounts claimed for any future lost earning capacity, state the bases for
plaintiff’s claim that such losses will be incurred and specify the manner in which the losses
were calculated.
29) If plaintiff has received reimbursement for any medical expenses incurred in connection
with the treatment of the injuries complained of, set forth the source of the reimbursement,
including:
a. The name of the indemnitor (i.e. Blue Cross, GHI, etc.);
b. The group or policy number and plaintiff’s identification number for each provider;
c. The Medicaid number;
d. The Medicare number; and
e. The dates and amounts of reimbursement.
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30) Provide a verified statement setting forth the residence and post office address of plaintiff
on the date of the accident.
31) Provide a verified statement setting forth the residence and post office address of plaintiff
on the date that the instant action was commenced.
32) Provide a verified statement setting forth the current residence and current post office
address of plaintiff.
33) Identify with specificity all activities that plaintiff has been unable to perform as a result
of his alleged injuries from the date of the occurrence until today.
34) Is it claimed that plaintiff will be relying on any exemptions provided in CPLR Article 16?
If so, so state and set forth in detail which said exemptions apply and how they apply.
To the best of my knowledge, information and belief, formed after an inquiry reasonable under
the circumstances, the presentation of this papers or the contentions herein are not frivolous, as
the term is defined in Part 130 of the Court Rules.
Dated: New York, New York
December 28, 2023
Yours, etc.,
LITTLETON PARK JOYCE UGHETTA & KELLY LLP
By:
Michael H. Bai
Attorneys for Defendant Osmose Utilities Services,
Inc. and Kevin Cruz
39 Broadway, 29th Floor
New York, New York 10006
Tel. (212) 404-5777
michael.bai@littletonpark.com
TO: Michael L. Salomon, Esq.
Law Offices of Zemsky and Salomon, P.C.
Attorneys for Plaintiff
33 Front Street, Suite 207
Hempstead, New York 11550
(516) 485-3800
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Preview
FILED: KINGS COUNTY CLERK 12/28/2023 01:22 PM INDEX NO. 534919/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------------------X Index No. 534919/2023 MUHAMMAD AMER, Plaintiff, DEFENDANTS’ – against – DEMAND FOR A VERIFIED BILL OF OSMOSE UTILITIES SERVICES, INC. and PARTICULARS KEVIN CRUZ Defendants. ----------------------------------------------------------------------------X PLEASE TAKE NOTICE, that, pursuant to Section 3041 et seq. of the Civil Practice Law and Rules (“CPLR”), Defendants, OSMOSE UTILITIES SERVICES, INC. and KEVIN CRUZ (“Answer Defendants”) hereby demand that plaintiff serve on the undersigned attorneys within thirty (30) days after service of this Demand a Verified Bill of Particulars with respect to the following matters. 1) State plaintiffs’ full name, age, date and place of birth, address and social security number. 2) State the date of the accident. 3) State the time of the accident. 4) State the exact location where the accident allegedly occurred. 5) Set forth in detail each and every specific act or omission constituting the claimed negligence on the part of each of the Defendants that plaintiff will claim caused or contributed to the alleged accident. 6) Set forth a statement of each and every statute, law, ordinance, rule, regulation or code claimed to have been violated by Defendants and the exact manner in which each statute or ordinance was violated; 7) Describe the activity that the plaintiff was performing immediately prior to the alleged occurrence. 8) Set forth a statement of the action, activities, and/or omissions of any person other than Defendants which caused or contributed, in whole or in part, to the accident alleged in the complaint. If so, state: a. the name and address of each such person; 1 of 4 FILED: KINGS COUNTY CLERK 12/28/2023 01:22 PM INDEX NO. 534919/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/28/2023 b. the specific nature of each such action, activity or omission; c. how and in what manner it is contended that each person contributed to cause the incident alleged. 9) If plaintiff obtained medical treatment and/or consultation for his alleged injuries at any time subsequent to the alleged occurrence, identify who provided said treatment or consultation, where it was provided, when it was provided and the nature of the treatment or consultation provided. 10) State the nature and extent of all injuries claimed. 11) Specify those injuries claimed to be permanent. 12) State which injuries are alleged to come within the meaning of Insurance Law §5102(d). 13) Set forth in which respects the economic loss is greater than basic economic loss as defined in Insurance Law §5102 (a). 14) If you contend you sustained a fracture or permanent loss of use of a body organ, member, function or system pursuant to Insurance Law 5102(d), please identify the body organ, member, function or system where you sustained a fracture or permanent loss of use and whether the condition is or will be permanent. 15) If you contend you sustained a permanent consequential limitation of use of a body organ or member pursuant to Insurance Law 5102(d), please identify the body organ or member where you sustained a permanent consequential limitation and identify the permanent consequential limitation. 16) If you contend you sustained a significant limitation of use of a body function or system pursuant to Insurance Law 5102(d), please identify the body organ or system where you sustained a significant limitation of use and identify the significant limitation of use. 17) If you contend you sustained a medically determined injury or impairment of a non- permanent nature which prevents you from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment pursuant to Insurance Law 5102(d), identify the medically determined injury or impairment of a non-permanent nature, identify all of the material acts which constitute such person's usual and customary daily activities that you could not perform for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment and state when you have been able to perform your usual and customary daily activities. 18) State the nature, extent and location of the claimed permanent injuries. 19) State the name and the address of plaintiff’s employer at the time of the alleged accident, including the length of time employed by the said employer. 20) If a loss of earnings is being claimed, state the: -2- 2 of 4 FILED: KINGS COUNTY CLERK 12/28/2023 01:22 PM INDEX NO. 534919/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/28/2023 a. Name and address of plaintiff’s employer(s); b. Number of days incapacitated, setting forth the dates; c. Daily, weekly, monthly and annual earnings; and d. Total amount of loss claimed. 21) If plaintiff was a student at the time of the accident, state the: a. Name and address of school; and b. Dates plaintiff failed to attend school as a result of the incident. 22) If plaintiff was confined to a hospital(s) as a result of the accident, state the: a. Length of time confined to a hospital(s), giving date(s) of admission and date(s) of discharge; and b. Name and address of hospital(s). 23) If plaintiff was confined to a bed as a result of the accident, state the length of time confined to bed, giving date(s). 24) If plaintiff was confined to home as a result of the accident, state the length of time confined to home, giving date(s). 25) Sate the amount of money actually expended for: a. Hospital(s) and date(s) of visit(s) (identify hospital[s]); b. Physician(s) and date(s) of visit(s) (identify physician[s]); c. Nurse(s) and date(s) of visit(s); d. Medicine(s) and date(s) obtained. 26) Set forth the name and address of each person and/or entity who rendered the services or provided the supplies for which special damages are claimed. 27) State the total amounts claimed for any future medical expenses, including what amounts would be out-of-pocket, state the bases for plaintiff’s claim that such expenses will be incurred and specify the manner in which the expenses were calculated. 28) State the total amounts claimed for any future lost earning capacity, state the bases for plaintiff’s claim that such losses will be incurred and specify the manner in which the losses were calculated. 29) If plaintiff has received reimbursement for any medical expenses incurred in connection with the treatment of the injuries complained of, set forth the source of the reimbursement, including: a. The name of the indemnitor (i.e. Blue Cross, GHI, etc.); b. The group or policy number and plaintiff’s identification number for each provider; c. The Medicaid number; d. The Medicare number; and e. The dates and amounts of reimbursement. -3- 3 of 4 FILED: KINGS COUNTY CLERK 12/28/2023 01:22 PM INDEX NO. 534919/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/28/2023 30) Provide a verified statement setting forth the residence and post office address of plaintiff on the date of the accident. 31) Provide a verified statement setting forth the residence and post office address of plaintiff on the date that the instant action was commenced. 32) Provide a verified statement setting forth the current residence and current post office address of plaintiff. 33) Identify with specificity all activities that plaintiff has been unable to perform as a result of his alleged injuries from the date of the occurrence until today. 34) Is it claimed that plaintiff will be relying on any exemptions provided in CPLR Article 16? If so, so state and set forth in detail which said exemptions apply and how they apply. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of this papers or the contentions herein are not frivolous, as the term is defined in Part 130 of the Court Rules. Dated: New York, New York December 28, 2023 Yours, etc., LITTLETON PARK JOYCE UGHETTA & KELLY LLP By: Michael H. Bai Attorneys for Defendant Osmose Utilities Services, Inc. and Kevin Cruz 39 Broadway, 29th Floor New York, New York 10006 Tel. (212) 404-5777 michael.bai@littletonpark.com TO: Michael L. Salomon, Esq. Law Offices of Zemsky and Salomon, P.C. Attorneys for Plaintiff 33 Front Street, Suite 207 Hempstead, New York 11550 (516) 485-3800 -4- 4 of 4