Preview
FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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ROBERT LYNN, Index No.: 522833/2023
Plaintiff, DEMAND FOR A
VERIFIED BILL OF
– against – PARTICULARS
555 BROADWAY LLC, JOEJACK BROADWAY LLC
and TARGET CONSTRUCTION LLC,
Defendants.
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PLEASE TAKE NOTICE, that Defendants, 555 BROADWAY LLC (“Broadway”), JOEJACK
BROADWAY LLC (“JoeJack”) and TARGET CONSTRUCTION LLC (“Target”) (collectively, the
“Defendants”), demand that a Verified Bill of Particulars be served upon it with the following information
within thirty (30) days:
1) State Plaintiff’s date and place of birth.
2) State the date of the accident.
3) State the time of the accident.
4) State the address of the premises where the accident occurred.
5) Describe the location within the premises in which it is claimed that the alleged accident occurred
with sufficient detail as to allow the Defendants to identify the location at the premises and
distinguish it from other locations at the premises. Plaintiff may narratively describe the location
at the premises in terms of compass points, size and shape, proximity to rooms, exits or structural
landmarks, or in any sufficiently detailed description that will permit identification.
6) Is it claimed the alleged accident was occasioned by virtue of Plaintiff falling? If so:
a. Describe how Plaintiff fell;
b. Describe with specificity what caused Plaintiff to fall;
c. Describe where within the premises Plaintiff fell; and
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d. Describe the activity Plaintiff was performing immediately prior to falling.
7) Is it claimed that the alleged accident was occasioned by virtue of Plaintiff lifting an object? If so:
a. Describe the object that Plaintiff was lifting;
b. Describe where within the worksite Plaintiff was standing when he lifted the object; and
c. Describe the alleged defective condition(s), which caused Plaintiff to hurt himself while
lifting the object.
8) Is it claimed that the alleged accident was occasioned by a falling object? If so:
a. Describe the object that fell;
b. Describe where the object was located immediately prior to falling;
c. Describe upon whom the object fell (if multiple individuals, identify all individuals);
d. Describe upon what the object fell; and
e. Describe where the object ended up being located when it stopped falling.
9) Is it claimed that Plaintiff was struck by an object? If so:
a. Describe the object;
b. Describe the manner in which the object struck Plaintiff;
c. Describe where the object was located immediately prior to striking Plaintiff and what
caused the object to be located there;
d. Describe whom the object struck (if multiple individuals, identify all individuals); and
e. Describe where the object ended up being located after striking Plaintiff.
10) Is it claimed that there was any debris, foreign substance(s) on the ground, failed hoisting device(s),
lacking hoisting device(s), failed securing device(s) and/or lacking securing device(s) that caused
or contributed to the alleged accident? If so, so state and:
a. Describe each item of debris, foreign substance(s) on the ground, failed hoisting device(s),
lacking hoisting device(s), failed securing device(s) and/or lacking securing device(s) that
Plaintiff will claim caused or contributed to the happening of the alleged accident.
11) Is it claimed that there was some other type of defect present at the worksite that contributed to the
alleged accident? If so, so state and:
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a. Describe in detail the defect that Plaintiff will claim caused or contributed to the happening
of the alleged incident.
12) Set forth in detail each and every specific act or omission constituting the alleged negligence of
Defendants Bedford, JoeJack and Target that Plaintiff will claim caused or contributed to the
alleged accident.
13) Describe the activity that Plaintiff was performing immediately prior to the alleged occurrence.
14) State whether actual or constructive notice of any condition is claimed.
15) If actual notice is alleged, state:
a. Person or persons to whom given;
b. Person or persons who gave the notice;
c. Place or places where given;
d. Date or dates when given; and
e. The manner in which given.
16) If actual notice based upon the creation of a condition(s) is alleged, identify all of the parties that
allegedly created the condition(s) and how those parties created said condition(s).
17) If constructive notice is alleged, state the duration of the condition in minutes, hours, days or
otherwise, with the date and time of inception, to the date and time constructive notice will be
claimed to have been given to Defendants Bedford, JoeJack and Target.
18) Set forth a statement of each and every statute, law, ordinance, rule, regulation or code claimed to
have been violated by Defendants Bedford, JoeJack and Target and the exact manner in which
each statute or ordinance was violated.
19) Set forth a statement of whether it will be claimed that Defendants Bedford, JoeJack and Target
caused or created the alleged defective, dangerous or unsafe/condition and if so, specify the exact
manner in which it is or will be claimed that Defendants Bedford, JoeJack and Target caused or
created the defective, dangerous or unsafe condition which allegedly caused the incident.
20) Set forth a statement of the action, activities and/or omissions of any person other than Defendants
Bedford, JoeJack and Target caused or contributed, in whole or in part, to the incident 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.
21) Is it alleged that Defendants Bedford, JoeJack and/or Target owned property or properties at which
Plaintiff’s accident occurred? If so, so state and:
a. Describe each property with sufficient particularly to enable the Defendants to identify
each of the properties.
22) Is it alleged that Defendants Bedford, JoeJack and/or Target owned a building or buildings on the
property at which Plaintiff’s accident occurred? If so, so state and:
a. Describe each building with sufficient particularly to enable the Defendants to identify
each of the buildings.
23) Is it alleged that Defendants Bedford, JoeJack and/or Target owned a structure or structures on the
property at which Plaintiff’s accident occurred? If so, so state and:
a. Describe those structures with sufficient particularly to enable the Defendants to identify
each of the structures.
24) Is it alleged that Defendants Bedford, JoeJack and Target maintained, controlled or otherwise
managed the premises at which Plaintiff’s accident occurred? If so, so state and:
a. Describe the manner in which Defendants Bedford, JoeJack and Target maintained,
controlled or otherwise managed the subject premises.
25) Identify the contract entered into by Defendants Bedford, JoeJack and Target for the performance
of the work at the subject premises.
26) Identify the contract by which Defendants Bedford, JoeJack and Target hired and retained
contractors or subcontractors for the work at the subject premises.
27) State the names and addresses of all witnesses to the alleged accident.
28) State the names and addresses of all persons who came to Plaintiff’s aid following the alleged
accident.
29) State the nature, extent and location of the claimed permanent injuries.
30) State the nature, extent and location of any other claimed injuries.
31) State the name and the address of Plaintiff’s employer at the time of the alleged incident, including
the length of time employed by the said employer.
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32) State the relationship between Plaintiff’s employer and Defendants Bedford, JoeJack and Target.
33) If a loss of earnings is being claimed, state:
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.
34) If Plaintiff was a student at the time of the accident, state:
a. Name and address of school; and
b. Dates Plaintiff failed to attend school as a result of the incident.
35) If Plaintiff was confined to a hospital(s) as a result of the accident, state:
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).
36) If Plaintiff was confined to a bed as a result of the accident, state the length of time confined to
bed, giving date(s).
37) If Plaintiff was confined to home as a result of the accident, state the length of time confined to
home, giving date(s).
38) 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.
39) 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.);
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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.
40) Provide a verified statement setting forth the residence and post office address of Plaintiff on the
date of the accident.
41) Provide a verified statement setting forth the residence and post office address of Plaintiff on the
date that the instant action was commenced.
42) Provide a verified statement setting forth the current residence and current post office address of
Plaintiff.
43) 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
November 29, 2023
LITCHFIELD CAVO LLP
By: _______________________________
Beth A. Saydak
420 Lexington Avenue, Suite 2104
New York, New York 10170
(212) 434-0100
File No.: 5458-380D
E-Mail: saydak@litchfieldcavo.com
Attorneys for Defendants
555 BROADWAY LLC
JOEJACK BROADWAY LLC
and TARGET CONSTRUCTION LLC
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TO:
Shahar Azoulay, Esq.
LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC
Attorneys for Plaintiff
ROBERT LYNN
32 Old Slip, 8th Floor
New York, New York 10005
Tel: (212) 962-1020
File No.: 35312
Email: sazoulay@msllegal.com
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Preview
FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------------X ROBERT LYNN, Index No.: 522833/2023 Plaintiff, DEMAND FOR A VERIFIED BILL OF – against – PARTICULARS 555 BROADWAY LLC, JOEJACK BROADWAY LLC and TARGET CONSTRUCTION LLC, Defendants. -------------------------------------------------------------------------------X PLEASE TAKE NOTICE, that Defendants, 555 BROADWAY LLC (“Broadway”), JOEJACK BROADWAY LLC (“JoeJack”) and TARGET CONSTRUCTION LLC (“Target”) (collectively, the “Defendants”), demand that a Verified Bill of Particulars be served upon it with the following information within thirty (30) days: 1) State Plaintiff’s date and place of birth. 2) State the date of the accident. 3) State the time of the accident. 4) State the address of the premises where the accident occurred. 5) Describe the location within the premises in which it is claimed that the alleged accident occurred with sufficient detail as to allow the Defendants to identify the location at the premises and distinguish it from other locations at the premises. Plaintiff may narratively describe the location at the premises in terms of compass points, size and shape, proximity to rooms, exits or structural landmarks, or in any sufficiently detailed description that will permit identification. 6) Is it claimed the alleged accident was occasioned by virtue of Plaintiff falling? If so: a. Describe how Plaintiff fell; b. Describe with specificity what caused Plaintiff to fall; c. Describe where within the premises Plaintiff fell; and 1 of 7 FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 d. Describe the activity Plaintiff was performing immediately prior to falling. 7) Is it claimed that the alleged accident was occasioned by virtue of Plaintiff lifting an object? If so: a. Describe the object that Plaintiff was lifting; b. Describe where within the worksite Plaintiff was standing when he lifted the object; and c. Describe the alleged defective condition(s), which caused Plaintiff to hurt himself while lifting the object. 8) Is it claimed that the alleged accident was occasioned by a falling object? If so: a. Describe the object that fell; b. Describe where the object was located immediately prior to falling; c. Describe upon whom the object fell (if multiple individuals, identify all individuals); d. Describe upon what the object fell; and e. Describe where the object ended up being located when it stopped falling. 9) Is it claimed that Plaintiff was struck by an object? If so: a. Describe the object; b. Describe the manner in which the object struck Plaintiff; c. Describe where the object was located immediately prior to striking Plaintiff and what caused the object to be located there; d. Describe whom the object struck (if multiple individuals, identify all individuals); and e. Describe where the object ended up being located after striking Plaintiff. 10) Is it claimed that there was any debris, foreign substance(s) on the ground, failed hoisting device(s), lacking hoisting device(s), failed securing device(s) and/or lacking securing device(s) that caused or contributed to the alleged accident? If so, so state and: a. Describe each item of debris, foreign substance(s) on the ground, failed hoisting device(s), lacking hoisting device(s), failed securing device(s) and/or lacking securing device(s) that Plaintiff will claim caused or contributed to the happening of the alleged accident. 11) Is it claimed that there was some other type of defect present at the worksite that contributed to the alleged accident? If so, so state and: 2 of 7 FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 a. Describe in detail the defect that Plaintiff will claim caused or contributed to the happening of the alleged incident. 12) Set forth in detail each and every specific act or omission constituting the alleged negligence of Defendants Bedford, JoeJack and Target that Plaintiff will claim caused or contributed to the alleged accident. 13) Describe the activity that Plaintiff was performing immediately prior to the alleged occurrence. 14) State whether actual or constructive notice of any condition is claimed. 15) If actual notice is alleged, state: a. Person or persons to whom given; b. Person or persons who gave the notice; c. Place or places where given; d. Date or dates when given; and e. The manner in which given. 16) If actual notice based upon the creation of a condition(s) is alleged, identify all of the parties that allegedly created the condition(s) and how those parties created said condition(s). 17) If constructive notice is alleged, state the duration of the condition in minutes, hours, days or otherwise, with the date and time of inception, to the date and time constructive notice will be claimed to have been given to Defendants Bedford, JoeJack and Target. 18) Set forth a statement of each and every statute, law, ordinance, rule, regulation or code claimed to have been violated by Defendants Bedford, JoeJack and Target and the exact manner in which each statute or ordinance was violated. 19) Set forth a statement of whether it will be claimed that Defendants Bedford, JoeJack and Target caused or created the alleged defective, dangerous or unsafe/condition and if so, specify the exact manner in which it is or will be claimed that Defendants Bedford, JoeJack and Target caused or created the defective, dangerous or unsafe condition which allegedly caused the incident. 20) Set forth a statement of the action, activities and/or omissions of any person other than Defendants Bedford, JoeJack and Target caused or contributed, in whole or in part, to the incident alleged in the complaint. If so, state: a. the name and address of each such person; 3 of 7 FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 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. 21) Is it alleged that Defendants Bedford, JoeJack and/or Target owned property or properties at which Plaintiff’s accident occurred? If so, so state and: a. Describe each property with sufficient particularly to enable the Defendants to identify each of the properties. 22) Is it alleged that Defendants Bedford, JoeJack and/or Target owned a building or buildings on the property at which Plaintiff’s accident occurred? If so, so state and: a. Describe each building with sufficient particularly to enable the Defendants to identify each of the buildings. 23) Is it alleged that Defendants Bedford, JoeJack and/or Target owned a structure or structures on the property at which Plaintiff’s accident occurred? If so, so state and: a. Describe those structures with sufficient particularly to enable the Defendants to identify each of the structures. 24) Is it alleged that Defendants Bedford, JoeJack and Target maintained, controlled or otherwise managed the premises at which Plaintiff’s accident occurred? If so, so state and: a. Describe the manner in which Defendants Bedford, JoeJack and Target maintained, controlled or otherwise managed the subject premises. 25) Identify the contract entered into by Defendants Bedford, JoeJack and Target for the performance of the work at the subject premises. 26) Identify the contract by which Defendants Bedford, JoeJack and Target hired and retained contractors or subcontractors for the work at the subject premises. 27) State the names and addresses of all witnesses to the alleged accident. 28) State the names and addresses of all persons who came to Plaintiff’s aid following the alleged accident. 29) State the nature, extent and location of the claimed permanent injuries. 30) State the nature, extent and location of any other claimed injuries. 31) State the name and the address of Plaintiff’s employer at the time of the alleged incident, including the length of time employed by the said employer. 4 of 7 FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 32) State the relationship between Plaintiff’s employer and Defendants Bedford, JoeJack and Target. 33) If a loss of earnings is being claimed, state: 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. 34) If Plaintiff was a student at the time of the accident, state: a. Name and address of school; and b. Dates Plaintiff failed to attend school as a result of the incident. 35) If Plaintiff was confined to a hospital(s) as a result of the accident, state: 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). 36) If Plaintiff was confined to a bed as a result of the accident, state the length of time confined to bed, giving date(s). 37) If Plaintiff was confined to home as a result of the accident, state the length of time confined to home, giving date(s). 38) 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. 39) 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.); 5 of 7 FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 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. 40) Provide a verified statement setting forth the residence and post office address of Plaintiff on the date of the accident. 41) Provide a verified statement setting forth the residence and post office address of Plaintiff on the date that the instant action was commenced. 42) Provide a verified statement setting forth the current residence and current post office address of Plaintiff. 43) 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 November 29, 2023 LITCHFIELD CAVO LLP By: _______________________________ Beth A. Saydak 420 Lexington Avenue, Suite 2104 New York, New York 10170 (212) 434-0100 File No.: 5458-380D E-Mail: saydak@litchfieldcavo.com Attorneys for Defendants 555 BROADWAY LLC JOEJACK BROADWAY LLC and TARGET CONSTRUCTION LLC 6 of 7 FILED: KINGS COUNTY CLERK 11/29/2023 02:08 PM INDEX NO. 522833/2023 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/29/2023 TO: Shahar Azoulay, Esq. LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC Attorneys for Plaintiff ROBERT LYNN 32 Old Slip, 8th Floor New York, New York 10005 Tel: (212) 962-1020 File No.: 35312 Email: sazoulay@msllegal.com 7 of 7