Preview
FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------------------------------------X
CHAN SOL KIM and MISO KIM, Index No.: 702311/2023
Plaintiffs, BILL OF PARTICULARS
ON COUNTERCLAIM
-against-
SERPA EXPRESS LIMITED LIABILITY COMPANY
and HERIBERTO JESUS THOMPSON POZO,
Defendants.
--------------------------------------------------------------------X
Defendants, SERPA EXPRESS LIMITED LIABILITY COMPANY and HERIBERTO
JESUS THOMPSON POZO by their attorneys MORRIS DUFFY ALONSO FALEY & PITCOFF
and for their response to plaintiff on the Counterclaim’s Demand for Bill of Particulars allege upon
information and belief as follows:
1 Plaintiff on the Counterclaim’s culpable conduct, contributory negligence, comparative
negligence, and assumption of risk includes, but is not limited to: It will be claimed that the
plaintiff was guilty of such culpable conduct and/or contributed to the happening of the accident
herein in such a manner as may be adduced at the time of the examination before trial or trial of
this action. Plaintiff’s culpable conduct, negligence and/or failure to exercise reasonable care,
consisted in the defendants maintaining, owning, operating and controlling a motor vehicle in a
dangerous, reckless, careless and hazardous matter; in failing to keep his vehicle in proper working
order and in good mechanical condition; in failing to properly inspect and maintain the vehicle and
systems; in failing to maintain proper control of a motor vehicle; in failing to observe the roadway
and the circumstances attendant thereto; in carelessly and negligently failing and omitting to
provide and/or make prompt and timely use of brakes and steering mechanisms; in coming to a
stop on a public highway for no reason; in failing to obey traffic control devices; in failing to avoid
the happening of the accident by carelessly, recklessly and negligently allowing, causing and
permitting the vehicles to come into contact with each other; in his negligent and careless disregard
for the conditions about him; in failing to become cognizant of those conditions as they were
developing; in failing to take means and precautions to avoid against the happening of the accident;
in that the third party defendants negligently ignored his duty to know and/or inquire about the use
of the highway; in improperly reversing on said highway; in failing to sound a horn or use any
other available warning device to warn other motorists, and in particular the defendant of his
approach; in driving a motor vehicle at an excessive rate of speed under the prevailing conditions
and/or at a greater rate of speed than due care and caution would permit under the circumstances
then and there existing; in failing to take appropriate measures to avoid furthering of; in failing
and omitting to keep a proper lookout; in failing and omitting to observe conditions on said
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roadways; in violating laws, statutes, ordinances, rules and regulations in such cases made and
provided; and in third party defendants, his agents, servants and/or employees failing to operate
his vehicle with the requisite degree of care, caution, skill and diligence due and owing under the
circumstances then and there prevailing; and in being otherwise careless, negligent, reckless and
culpable in his conduct. That upon information and belief, plaintiff’s culpable conduct consisted
in their negligent and careless disregard for the conditions about them; in failing to become
cognizant of those conditions as they were developing; in failing to take means and precautions to
avoid against the happening of this accident; in failing to take appropriate measures to avoid
furthering of any injury allegedly sustained as a result of this occurrence; and being otherwise,
careless, negligent and culpable under the circumstances.
2. Annexed hereto is a copy of plaintiff’s Bill of Particulars.
3. Depositions have not been held.
4. Discovery Notices- ECF
PLEASE TAKE NOTICE, that the defendant reserves the right to provide third party
defendants further information it may acquire herein subsequent to the date of this instrument of
which it has no present knowledge or within a reasonable time prior to the trial of this action.
Dated New York, New York
November 28, 2023
Yours etc.,
MORRIS DUFFY ALONSO FALEY & PITCOFF
By: ______________________________________
GAIL S. KARAN
Attorneys for Defendants
SERPA EXPRESS LIMITED
LIABILITY COMPANY
and HERIBERTO JESUS THOMPSON POZO
Office and Post Office Address
101 Greenwich Street, 22nd Floor
New York, New York 10006
T: (212) 766-1888
F: (212) 766-3252
Our File No.: (PRG) 75641
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TO:
GOLDWASSER & CHAN, LLP
Attorneys for Plaintiff
377 Ashford Avenue, 2nd Floor
Dobbs Ferry, NY 10522
(914) 816-1000
info@goldwasserchan.com
MARTYN, SMITH, MURRAY & YONG, ESQS.
Attorneys for Plaintiff on the Counterclaim
CHAN SOL KIM
102 Motor Parkway, Suite 230
Hauppauge, NY 11788
516-739-0000
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------------------------------X Index No.: 711972/2020
CHAN SOL KIM and MISO KIM,
Plaintiffs, VERIFIED BILL OF
PARTICULARS
-against-
SERPA EXPRESS LIMITED LIABILITY COMPANY
And HERIBERTO JESUS THOMPSON POZO,
Defendants.
______________________________________________________________Ç
Plaintiffs, as and for a Verified Bill of Particulars, in response to the demands of the Defendants
alleges as follows:
Plaintiffs'
1. accident occurred on July 1, 2022 at approximately 9:30 a.m.
Plaintiffs' 15482
2. accident occurred on Northern Boulevard at or near its intersection with
Street, in the County of Queens, State of New York.
3. The Defendants were negligent, careless and reckless, in causing, permitting and allowing
their motor vehicle to strike and collide with the motor vehicle in which plaintiff Chan Sol Kim was a driver
and Miso Kim was a passenger as defendant driver improperly and unsafely merged into plaintiff's lane,
although defendants should have employed proper caution to prevent same; in failing and neglecting to
operate, manage and control the motor vehicle in a proper, reasonable and safe manner; in failing and
neglecting to properly and adequately brake the motor vehicle; in failing and neglecting to stop, slow or
decrease the speed of the motor vehicle when approaching another vehicle; in operating the vehicle in excess
of the posted speed limit; in operating the motor vehicle at an unreasonable and improper rate of speed under
the circumstances then and there prevailing; in failing and neglecting to obey traffic signals and conditions;
in failing and neglecting to keep proper, or any, lookout; in failing and neglecting to properly observe the
conditions then and there existing in and upon the roadway; in failing and neglecting to give warning of his
1
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approach and of impending danger; in failing and neglecting to yield the right of way; in failing and
neglecting to operate the vehicle as a safe and prudent driver; in failing and neglecting to properly turn,
maneuver, steer or control the motor vehicle so as to avoid the occurrence, although defendant could have
done so; in following a preceding vehicle too closely; in failing and neglecting to stop in time in order to
avoid colliding into and striking another motor vehicle; in failing and neglecting to keep his motor vehicle
in good mechanical condition including the steering, signaling, braking mechanisms and tires. Defendant
violated the applicable rules, laws, regulations and statutes in such cases made and provided and of which
the Court will take judicial notice at the trial hereof. Defendant violated all applicable sections of the New
York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning the
safe and proper operation of a motor vehicle upon the public ways and streets of the State of New York
including but not limited to Vehicle and Traffic Law Sections 375, 1101, 1102, 1105, 1110, 1111, 1113,
1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1146,
1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182,
1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220,
1220-a, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251, 1252, and
1252 of the Vehicle and Traffic Law of the State of New York and Sections 4-03, 4-04, 4-05, 4-06, 4-07,
4-08, 4-09 and 4-12 of the Traffic Regulations of the City of New York, along with all other applicable
Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the time of trial.
4. (a) Plaintiffs sustained the following injuries:
Plaintiff CHAN SOL KIM:
" 07/06/22 - 12/19/22 - 54 chiro visits to YK Chiropractic Care
" 07/05/22 - 12/19/22 - 54 physical visits to Shield PT
therapy
" 08/12/22 - RIGHT ANKLE ARTHROSCOPY WITH LIMITED
DEBRIDEMENT
2
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" 09/16/22 -LEFT SHOULDER ARTHROSCOPY
BURSECTOMY
DEBRIDEMENT OF THE ANTERIOR LABRUM
MINOR DEBRIDEMENT
MINOR SYNOVECTOMY
INTRA-ARTICULAR INJECTION
" 11/11/22 - RIGHT SHOULDER ARTHROSCOPY
BURSECTOMY
DEBRIDEMENT OF THE SUPRASPINATUS TENDON AND
ANTERIOR LABRUM
LIMITED DEBRIDEMENT
PARTIAL SYNOVECTOMY
INTRA-ARTICULAR INJECTION
" 04/27/23 - LUMBAR PERCUTANEOUS NUCLEUS
DISCECTOMY,
PULPOSUS ABLATION - LEVELS L5-S1
L4-5,
ANNULOPLASTY
Disc injection & interpretation
" 05/11/23- CERVICAL ANTERIOR APPROACH AT and C5-6
DISCECTOMY, C4-5,
Trachea and esophagus gently pressed to the left, carotid to the right
ANNULOPLASTY
Disc injection & interpretation
" 08/12/22 - ASC of Beach
Rockaway
" OPERATIVE REPORT (ANNEXED HERETO AS EXHIBIT "A")
" Pre op: internal derangement of the right ankle
" POST OP: RIGHT ANKLE INTERNAL DERANGEMENT
o LOOSE BODIES IN ANKLE
o OSTEOCHONDRITIS DISSECANS OF THE ANKLE
" PROCEDURE: RIGHT ANKLE ARTHROSCOPY WITH LIMITED DEBRIDEMENT
AND PARTIAL SYNOVECTOMY
" General anesthesia
" Michael C Russonella D.0
" 09/16/22 - ASC of Beach
Rockaway
" OPERATIVE REPORT (ANNEXED AS EXHIBIT "B")
" Pre op: left shoulder traumatic internal derangement
" POST OP: LEFT SHOULDER LABRUM TEAR
o SYNOVITIS
o ADHESIVE CAPSULITIS
o BURSITIS
" PROCEDURE: LEFT SHOULDER ARTHROSCOPY
3
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o BURSECTOMY
o DEBRIDEMENT OF THE ANTERIOR LABRUM
o MINOR DEBRIDEMENT
o MINOR SYNOVECTOMY
o INTRA-ARTICULAR INRCTION
" IV sedation with interscalene block
Deep
" Michael C Russonella D.0
" 11/11/22 - ASC of Beach
Rockaway
"C"
" OPERATIVE REPORT ANNEXED HERETO AS EXHIBIT
" Pre-op: right shoulder traumatic internal derangement
o Labrum and rotator cuff tear
o Rotator cuff tendinitis
o Synovitis
" POST OP: RIGHT SHOULDER INTERNAL DERANGEMENT
o LABRUM TEAR
o SYNOVITIS
0 SUBACROMIAL ADHESIONS
o ADHESIVE CAPSULITIS
o BURSITIS
" PROCEDURE: RIGHT SHOULDER ARTHROSCOPY
o BURSECTOMY
o DEBRIDEMENT OF THE SUPRASPINATUS TENDON AND ANTERIOR
LABRUM
o LIMITED DEBRIDEMENT
o PARTIAL SYNOVECTOMY
o INTRA-ARTICULAR INJECTION
" IV sedation with interscalene block
Deep
" Michael C Russonella D.0
" 04/27/23 - ASC of Beach
Rockaway
"D"
" OPERATIVE REPORT ANNEXED HERETO AS EXHIBIT
" Pre op: lumbar intervertebral disc displacement
o Lumbar radiculopathy
" POST OP: SAME AS PRE OP
" PROCEDURE: LUMBAR PERCUTANEOUS DISCECTOMY, NUCLEUS PULPOSUS
ABLATION - LEVELS L5-S1
L4-5,
o ANNULOPLASTY
o Disc in jection & interpretation
" General anesthesia
" Joseph Jimenez
4
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" 05/11/23 - ASC of Beach
Rockaway
"E"
" OPERATIVE REPORT ANNEXED HERETO AS EXHIBIT
" Pre op: cervical intervertebral disc displacement
" POST OP: SAME AS PRE OP
" PROCEDURE: CERVICAL DISCECTOMY, ANTERIOR APPROACH AT C4-5, C5-6
o Trachea and esophagus gently pressed to the left, carotid to the right
o ANNULOPLASTY
o Disc injection & interpretation
" General anesthesia
" Joseph Jimenez
" 07/05/22 - Shield PT
" Complaint: neck, right shoulder and right ankle pain. Pain 8/10
" Exam:
o Right Ankle: Dorsiflex 15. Plantarflex 40. Eversion 20. Inversion 30.
" MMT 4/5
" 07/06/22 - YK Chiropractic Care
" Complaint: neck, upper and lower back, bilateral shoulders, and right ankle pain. Pain 8/10
" Exam:
o Cervical Spine: Flexion 35. Ext 40. Bilateral Lat Flex 24. Bilateral Rot 65.
o Lumbar Spine: Flexion 41. Ext 8. Right Lat Flex 15. Left Lat Flex 17.
o Positive: O'Donoghue's, Kemp's bilateral
" 07/14/22 - Kim
Henry
" Complaint: struck truck, had whiplash. Neck and back is sharp and in character
by throbbing
and both shooting to the right extremity, numbness and tingling in the right foot and ankle.
Ankle pain is worse upon standing/walking. Pain 8-9/10
" Exam:
0 Left Shoulder: Flexion 170. Abd 140.
" Positive: Can
O'Brien's, Hawkins, Apprehension, Empty
o Right Shoulder. Flexion 160. Ext 45. Abd 160.
" Positive: Can
O'Brien's, Hawkins, Apprehension, Empty
o Right Elbow: Flexion 140.
0 Right Ankle: Plantar Flex 20. Dorsiflex 10.
"
Swelling
o Right Wrist: Flexion 50. Ext 50.
o Right Foot: tenderness
" 07/26/22 - Central Radiology
" MRI RIGHT ANKLE
" Impression: small synovial effusion of the ankle joint
o Tear in the anterior tibiofibular and talofibular ligaments
5
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" 08/04/22 - Kim
Henry
" Complaint: same as before. Pain 8-9/10
" Exam:
o Limps on right ankle
o Left Shoulder: Flexion 170. Abd 140.
" Positive: Can
O'Brien's, Hawkins, Apprehension, Empty
o Right Shoulder. Flexion 120. Ext 35. Abd 110. Add 20.
" Positive: Can
O'Brien's, Hawkins, Apprehension, Empty
o Right Forearm: Pronation 70. Supination 70.
o Right Elbow: Flexion 140.
" Tenderness
" Positive Mill's test
o Right Ankle: Plantar Flex 14. Dorsiflex 8.
o Right Foot: tenderness
" 08/04/22 - Central Radiology
" MRI LUMBAR SPINE
" Impression: intervertebral disc herniation, central spinal canal stenosis, and encroachment of the
neural foramina at L4-5, L5-S1
o Facet arthropathy
" MRI CERVICAL SPINE
" Impression: mild posterior subluxation of C4 on C5
o Intervertebral disc herniation and central spinal canal stenosis at C4-5, C5-6, and C6-7
o Intervertebral disc bulge at C3-4
" 08/08/22 - Clinton Medical Office
" Complaint: same as above. pain is interfering with ADL. Cannot put weight on right leg, or
walk more than one block, difficulty standing. Pain 8-9/10
" Exam:
o Right ankle: swelling over anterior and posterior malleolar aspect
" Tenderness
" Dorsiflex 10. Plantarflex 20. Inversion 0. Eversion 0. Inversion 5.
" Impression: right ankle internal derangement
o Anterior talofibular ligament tear and tibiofibular tear
" Discussed right ankle due to lack of relief with PT and to perform to
arthroscopy inability day
day activities
" 08/22/22 - Clinton Medical Office
" Post op
"
Healing
" Exam:
o Right Ankle: Dorsiflex 10. Plantarflex 30. Inversion 5. Eversion 5.
6
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" 08/24/22 - Pain Physicians NY
" Complaint: same as before. Pain 6-7/10
" Exam:
o Cervical Spine: Flexion 45. Ext 45. Bilateral Lat Rot 55. Bilateral Lat Bend 35.
o Lumbar Spine: Flexion 60. Ext 18. Bilateral Lat Flex 18. Bilateral Rot 20.
" Positive: SLR right at 45
o MMT 4/5
" 08/31/22 - Central Radiology
" MRI RIGHT SHOULDER
" Impression: Small effusion in the glenohumeral joint
o Interstitial tear in the supraspinatus tendon
o Bicipital tenosynovitis
o Tear in the coracohumeral ligament
o Anterosuperior labral tear/SLAP tear
o Periarticular bursitis
" 09/02/22 - YK Chiropractic Care
" Complaint: neck, upper and lower back, bilateral shoulders, and right ankle pain. Pain 7/10
" Exam:
o Cervical Spine: Flexion 35. Ext 42. Bilateral Lat Flex 27. Bilateral Rot 65.
o Lumbar Spine: Flexion 42. Ext 8. Right Lat Flex 19. Left Lat Flex 19.
0 Positive: O'Donoghue's, Kemp's bilateral
" 09/07/22 - Central Radiology
" MRI LEFT SHOULDER
" Impression:
o Small effusion in the glenohumeral joint
0 Partial tear in the supraspinatus tendon
o Bicipital tenosynovitis
o Anterosuperior labral tear
o Periarticular bursitis
" 09/13/22 - Clinton Medical Office
" Complaint: same as before. woken at night due to pain, lifting/reaching.
frequently up difficulty
Pain 7-8/10
" Exam:
o Right Shoulder: tenderness
" Positive O'Brien's
Drop arm, Cross-over, Empty Can, Hawkin's,
" Abd 110. Forward Flex 120.
0 Left Shoulder: tenderness
" Positive O'Brien's
Drop arm, Cross-over, Empty Can, Hawkin's,
" Abd 100. Forward Flex 110.
" Impression: right shoulder labral tear, SLAP tear, bursitis, internal derangement
o Left shoulder rotator cuff tear
" Labral tear
7
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" Internal derangement
" Discussed right shoulder arthroscopy
" 09/26/22 - Clinton Medical Office
" Post visit
op
" Healing
" 11/01/22 - YK Chiropractic Care
" Complaint: neck, upper and lower back, bilateral shoulders, and right ankle pain. Pain 7/10
" Exam:
o Cervical Spine: Flexion 36. Ext 40. Bilateral Lat Flex 27. Bilateral Rot 65.
o Lumbar Spine: Flexion 44. Ext 11. Right Lat Flex 10. Left Lat Flex 19.
o Positive: O'Donoghue's, Kemp's bilateral
" 04/18/23 - J Sports Medicine
" Complaint: same as before. Pain 6/10
" Exam:
o Exam:
" Cervical Spine: Flexion 30. Ext 30. Bilateral Lat Flex 23. Right Rot 75. Left Rot
70.
" Positive Spurling's
" Lumbar Spine: Flexion 40. Ext 20. Right Lat Flex 30. Left Lat Flex 35. Bilateral
Rot 18
" Positive SLR
" Impression: cervical and lumbar radiculopathy
0 Cervical and lumbar disc displacement
" Recommended percutaneous for cervical and lumbar spine
discectomy
" SCARRING DUE TO SURGERY
" PLAINTIFF REQUIRED PHYSICAL THERAPY AND REHABILITATION.
IN ADDITION, FURTHER INVOLVEMENT OF PLAINTIFF'S MUSCLES, TENDONS,
LIGAMENTS, SOFT AND HARD TISSUES, CATRILAGINOUS PARTS, BODY
CAPSULES AND JOINTS, BLOOD VESSELS, NERVES AND NERVOUS SYSTEM IN
AND ABOUT THE SURROUNDING AREAS ASSOCIATED WITH AND
ACCOMPANIED BY PAIN, TENDERNESS, SWELLING, STIFFNESS, WEAKNESS,
DISFIGUREMENT, DEFORMITY, IMMOBILITY, DISABILITY, AND RESTRICTION
AND LIMITATION OF MOTION WHICH MAY RESULT IN AN ARTHRITIC
CONDITION.
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Plaintiff MISO KIM:
" 07/06/22 - 12/19/22 - 54 chiro visits to YK Chiropractic Care
" 07/05/22 - 12/19/22 - 54 physical visits to Shield PT
therapy
" 08/12/22 - RIGHT AN
Preview
FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------------X CHAN SOL KIM and MISO KIM, Index No.: 702311/2023 Plaintiffs, BILL OF PARTICULARS ON COUNTERCLAIM -against- SERPA EXPRESS LIMITED LIABILITY COMPANY and HERIBERTO JESUS THOMPSON POZO, Defendants. --------------------------------------------------------------------X Defendants, SERPA EXPRESS LIMITED LIABILITY COMPANY and HERIBERTO JESUS THOMPSON POZO by their attorneys MORRIS DUFFY ALONSO FALEY & PITCOFF and for their response to plaintiff on the Counterclaim’s Demand for Bill of Particulars allege upon information and belief as follows: 1 Plaintiff on the Counterclaim’s culpable conduct, contributory negligence, comparative negligence, and assumption of risk includes, but is not limited to: It will be claimed that the plaintiff was guilty of such culpable conduct and/or contributed to the happening of the accident herein in such a manner as may be adduced at the time of the examination before trial or trial of this action. Plaintiff’s culpable conduct, negligence and/or failure to exercise reasonable care, consisted in the defendants maintaining, owning, operating and controlling a motor vehicle in a dangerous, reckless, careless and hazardous matter; in failing to keep his vehicle in proper working order and in good mechanical condition; in failing to properly inspect and maintain the vehicle and systems; in failing to maintain proper control of a motor vehicle; in failing to observe the roadway and the circumstances attendant thereto; in carelessly and negligently failing and omitting to provide and/or make prompt and timely use of brakes and steering mechanisms; in coming to a stop on a public highway for no reason; in failing to obey traffic control devices; in failing to avoid the happening of the accident by carelessly, recklessly and negligently allowing, causing and permitting the vehicles to come into contact with each other; in his negligent and careless disregard for the conditions about him; in failing to become cognizant of those conditions as they were developing; in failing to take means and precautions to avoid against the happening of the accident; in that the third party defendants negligently ignored his duty to know and/or inquire about the use of the highway; in improperly reversing on said highway; in failing to sound a horn or use any other available warning device to warn other motorists, and in particular the defendant of his approach; in driving a motor vehicle at an excessive rate of speed under the prevailing conditions and/or at a greater rate of speed than due care and caution would permit under the circumstances then and there existing; in failing to take appropriate measures to avoid furthering of; in failing and omitting to keep a proper lookout; in failing and omitting to observe conditions on said 1 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 roadways; in violating laws, statutes, ordinances, rules and regulations in such cases made and provided; and in third party defendants, his agents, servants and/or employees failing to operate his vehicle with the requisite degree of care, caution, skill and diligence due and owing under the circumstances then and there prevailing; and in being otherwise careless, negligent, reckless and culpable in his conduct. That upon information and belief, plaintiff’s culpable conduct consisted in their negligent and careless disregard for the conditions about them; in failing to become cognizant of those conditions as they were developing; in failing to take means and precautions to avoid against the happening of this accident; in failing to take appropriate measures to avoid furthering of any injury allegedly sustained as a result of this occurrence; and being otherwise, careless, negligent and culpable under the circumstances. 2. Annexed hereto is a copy of plaintiff’s Bill of Particulars. 3. Depositions have not been held. 4. Discovery Notices- ECF PLEASE TAKE NOTICE, that the defendant reserves the right to provide third party defendants further information it may acquire herein subsequent to the date of this instrument of which it has no present knowledge or within a reasonable time prior to the trial of this action. Dated New York, New York November 28, 2023 Yours etc., MORRIS DUFFY ALONSO FALEY & PITCOFF By: ______________________________________ GAIL S. KARAN Attorneys for Defendants SERPA EXPRESS LIMITED LIABILITY COMPANY and HERIBERTO JESUS THOMPSON POZO Office and Post Office Address 101 Greenwich Street, 22nd Floor New York, New York 10006 T: (212) 766-1888 F: (212) 766-3252 Our File No.: (PRG) 75641 2 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 TO: GOLDWASSER & CHAN, LLP Attorneys for Plaintiff 377 Ashford Avenue, 2nd Floor Dobbs Ferry, NY 10522 (914) 816-1000 info@goldwasserchan.com MARTYN, SMITH, MURRAY & YONG, ESQS. Attorneys for Plaintiff on the Counterclaim CHAN SOL KIM 102 Motor Parkway, Suite 230 Hauppauge, NY 11788 516-739-0000 3 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------------------------------X Index No.: 711972/2020 CHAN SOL KIM and MISO KIM, Plaintiffs, VERIFIED BILL OF PARTICULARS -against- SERPA EXPRESS LIMITED LIABILITY COMPANY And HERIBERTO JESUS THOMPSON POZO, Defendants. ______________________________________________________________Ç Plaintiffs, as and for a Verified Bill of Particulars, in response to the demands of the Defendants alleges as follows: Plaintiffs' 1. accident occurred on July 1, 2022 at approximately 9:30 a.m. Plaintiffs' 15482 2. accident occurred on Northern Boulevard at or near its intersection with Street, in the County of Queens, State of New York. 3. The Defendants were negligent, careless and reckless, in causing, permitting and allowing their motor vehicle to strike and collide with the motor vehicle in which plaintiff Chan Sol Kim was a driver and Miso Kim was a passenger as defendant driver improperly and unsafely merged into plaintiff's lane, although defendants should have employed proper caution to prevent same; in failing and neglecting to operate, manage and control the motor vehicle in a proper, reasonable and safe manner; in failing and neglecting to properly and adequately brake the motor vehicle; in failing and neglecting to stop, slow or decrease the speed of the motor vehicle when approaching another vehicle; in operating the vehicle in excess of the posted speed limit; in operating the motor vehicle at an unreasonable and improper rate of speed under the circumstances then and there prevailing; in failing and neglecting to obey traffic signals and conditions; in failing and neglecting to keep proper, or any, lookout; in failing and neglecting to properly observe the conditions then and there existing in and upon the roadway; in failing and neglecting to give warning of his 1 REC'D JUL 8 2025 4 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 approach and of impending danger; in failing and neglecting to yield the right of way; in failing and neglecting to operate the vehicle as a safe and prudent driver; in failing and neglecting to properly turn, maneuver, steer or control the motor vehicle so as to avoid the occurrence, although defendant could have done so; in following a preceding vehicle too closely; in failing and neglecting to stop in time in order to avoid colliding into and striking another motor vehicle; in failing and neglecting to keep his motor vehicle in good mechanical condition including the steering, signaling, braking mechanisms and tires. Defendant violated the applicable rules, laws, regulations and statutes in such cases made and provided and of which the Court will take judicial notice at the trial hereof. Defendant violated all applicable sections of the New York State Vehicle and Traffic Law and the New York City Traffic Rules and Regulations concerning the safe and proper operation of a motor vehicle upon the public ways and streets of the State of New York including but not limited to Vehicle and Traffic Law Sections 375, 1101, 1102, 1105, 1110, 1111, 1113, 1115, 1120, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1130, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1160, 1161, 1162, 1163, 1164, 1166, 1170, 1171, 1172, 1173, 1174, 1175, 1176, 1180, 1180-a, 1181, 1182, 1190, 1192, 1200, 1201, 1202, 1203, 1203-b, 1210, 1211, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1220-a, 1221, 1222, 1223, 1225, 1225-a, 1226, 1227, 1228, 1229, 1229-b, 1229-c, 1250, 1251, 1252, and 1252 of the Vehicle and Traffic Law of the State of New York and Sections 4-03, 4-04, 4-05, 4-06, 4-07, 4-08, 4-09 and 4-12 of the Traffic Regulations of the City of New York, along with all other applicable Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the time of trial. 4. (a) Plaintiffs sustained the following injuries: Plaintiff CHAN SOL KIM: " 07/06/22 - 12/19/22 - 54 chiro visits to YK Chiropractic Care " 07/05/22 - 12/19/22 - 54 physical visits to Shield PT therapy " 08/12/22 - RIGHT ANKLE ARTHROSCOPY WITH LIMITED DEBRIDEMENT 2 5 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 " 09/16/22 -LEFT SHOULDER ARTHROSCOPY BURSECTOMY DEBRIDEMENT OF THE ANTERIOR LABRUM MINOR DEBRIDEMENT MINOR SYNOVECTOMY INTRA-ARTICULAR INJECTION " 11/11/22 - RIGHT SHOULDER ARTHROSCOPY BURSECTOMY DEBRIDEMENT OF THE SUPRASPINATUS TENDON AND ANTERIOR LABRUM LIMITED DEBRIDEMENT PARTIAL SYNOVECTOMY INTRA-ARTICULAR INJECTION " 04/27/23 - LUMBAR PERCUTANEOUS NUCLEUS DISCECTOMY, PULPOSUS ABLATION - LEVELS L5-S1 L4-5, ANNULOPLASTY Disc injection & interpretation " 05/11/23- CERVICAL ANTERIOR APPROACH AT and C5-6 DISCECTOMY, C4-5, Trachea and esophagus gently pressed to the left, carotid to the right ANNULOPLASTY Disc injection & interpretation " 08/12/22 - ASC of Beach Rockaway " OPERATIVE REPORT (ANNEXED HERETO AS EXHIBIT "A") " Pre op: internal derangement of the right ankle " POST OP: RIGHT ANKLE INTERNAL DERANGEMENT o LOOSE BODIES IN ANKLE o OSTEOCHONDRITIS DISSECANS OF THE ANKLE " PROCEDURE: RIGHT ANKLE ARTHROSCOPY WITH LIMITED DEBRIDEMENT AND PARTIAL SYNOVECTOMY " General anesthesia " Michael C Russonella D.0 " 09/16/22 - ASC of Beach Rockaway " OPERATIVE REPORT (ANNEXED AS EXHIBIT "B") " Pre op: left shoulder traumatic internal derangement " POST OP: LEFT SHOULDER LABRUM TEAR o SYNOVITIS o ADHESIVE CAPSULITIS o BURSITIS " PROCEDURE: LEFT SHOULDER ARTHROSCOPY 3 6 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 o BURSECTOMY o DEBRIDEMENT OF THE ANTERIOR LABRUM o MINOR DEBRIDEMENT o MINOR SYNOVECTOMY o INTRA-ARTICULAR INRCTION " IV sedation with interscalene block Deep " Michael C Russonella D.0 " 11/11/22 - ASC of Beach Rockaway "C" " OPERATIVE REPORT ANNEXED HERETO AS EXHIBIT " Pre-op: right shoulder traumatic internal derangement o Labrum and rotator cuff tear o Rotator cuff tendinitis o Synovitis " POST OP: RIGHT SHOULDER INTERNAL DERANGEMENT o LABRUM TEAR o SYNOVITIS 0 SUBACROMIAL ADHESIONS o ADHESIVE CAPSULITIS o BURSITIS " PROCEDURE: RIGHT SHOULDER ARTHROSCOPY o BURSECTOMY o DEBRIDEMENT OF THE SUPRASPINATUS TENDON AND ANTERIOR LABRUM o LIMITED DEBRIDEMENT o PARTIAL SYNOVECTOMY o INTRA-ARTICULAR INJECTION " IV sedation with interscalene block Deep " Michael C Russonella D.0 " 04/27/23 - ASC of Beach Rockaway "D" " OPERATIVE REPORT ANNEXED HERETO AS EXHIBIT " Pre op: lumbar intervertebral disc displacement o Lumbar radiculopathy " POST OP: SAME AS PRE OP " PROCEDURE: LUMBAR PERCUTANEOUS DISCECTOMY, NUCLEUS PULPOSUS ABLATION - LEVELS L5-S1 L4-5, o ANNULOPLASTY o Disc in jection & interpretation " General anesthesia " Joseph Jimenez 4 7 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 " 05/11/23 - ASC of Beach Rockaway "E" " OPERATIVE REPORT ANNEXED HERETO AS EXHIBIT " Pre op: cervical intervertebral disc displacement " POST OP: SAME AS PRE OP " PROCEDURE: CERVICAL DISCECTOMY, ANTERIOR APPROACH AT C4-5, C5-6 o Trachea and esophagus gently pressed to the left, carotid to the right o ANNULOPLASTY o Disc injection & interpretation " General anesthesia " Joseph Jimenez " 07/05/22 - Shield PT " Complaint: neck, right shoulder and right ankle pain. Pain 8/10 " Exam: o Right Ankle: Dorsiflex 15. Plantarflex 40. Eversion 20. Inversion 30. " MMT 4/5 " 07/06/22 - YK Chiropractic Care " Complaint: neck, upper and lower back, bilateral shoulders, and right ankle pain. Pain 8/10 " Exam: o Cervical Spine: Flexion 35. Ext 40. Bilateral Lat Flex 24. Bilateral Rot 65. o Lumbar Spine: Flexion 41. Ext 8. Right Lat Flex 15. Left Lat Flex 17. o Positive: O'Donoghue's, Kemp's bilateral " 07/14/22 - Kim Henry " Complaint: struck truck, had whiplash. Neck and back is sharp and in character by throbbing and both shooting to the right extremity, numbness and tingling in the right foot and ankle. Ankle pain is worse upon standing/walking. Pain 8-9/10 " Exam: 0 Left Shoulder: Flexion 170. Abd 140. " Positive: Can O'Brien's, Hawkins, Apprehension, Empty o Right Shoulder. Flexion 160. Ext 45. Abd 160. " Positive: Can O'Brien's, Hawkins, Apprehension, Empty o Right Elbow: Flexion 140. 0 Right Ankle: Plantar Flex 20. Dorsiflex 10. " Swelling o Right Wrist: Flexion 50. Ext 50. o Right Foot: tenderness " 07/26/22 - Central Radiology " MRI RIGHT ANKLE " Impression: small synovial effusion of the ankle joint o Tear in the anterior tibiofibular and talofibular ligaments 5 8 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 " 08/04/22 - Kim Henry " Complaint: same as before. Pain 8-9/10 " Exam: o Limps on right ankle o Left Shoulder: Flexion 170. Abd 140. " Positive: Can O'Brien's, Hawkins, Apprehension, Empty o Right Shoulder. Flexion 120. Ext 35. Abd 110. Add 20. " Positive: Can O'Brien's, Hawkins, Apprehension, Empty o Right Forearm: Pronation 70. Supination 70. o Right Elbow: Flexion 140. " Tenderness " Positive Mill's test o Right Ankle: Plantar Flex 14. Dorsiflex 8. o Right Foot: tenderness " 08/04/22 - Central Radiology " MRI LUMBAR SPINE " Impression: intervertebral disc herniation, central spinal canal stenosis, and encroachment of the neural foramina at L4-5, L5-S1 o Facet arthropathy " MRI CERVICAL SPINE " Impression: mild posterior subluxation of C4 on C5 o Intervertebral disc herniation and central spinal canal stenosis at C4-5, C5-6, and C6-7 o Intervertebral disc bulge at C3-4 " 08/08/22 - Clinton Medical Office " Complaint: same as above. pain is interfering with ADL. Cannot put weight on right leg, or walk more than one block, difficulty standing. Pain 8-9/10 " Exam: o Right ankle: swelling over anterior and posterior malleolar aspect " Tenderness " Dorsiflex 10. Plantarflex 20. Inversion 0. Eversion 0. Inversion 5. " Impression: right ankle internal derangement o Anterior talofibular ligament tear and tibiofibular tear " Discussed right ankle due to lack of relief with PT and to perform to arthroscopy inability day day activities " 08/22/22 - Clinton Medical Office " Post op " Healing " Exam: o Right Ankle: Dorsiflex 10. Plantarflex 30. Inversion 5. Eversion 5. 6 9 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 " 08/24/22 - Pain Physicians NY " Complaint: same as before. Pain 6-7/10 " Exam: o Cervical Spine: Flexion 45. Ext 45. Bilateral Lat Rot 55. Bilateral Lat Bend 35. o Lumbar Spine: Flexion 60. Ext 18. Bilateral Lat Flex 18. Bilateral Rot 20. " Positive: SLR right at 45 o MMT 4/5 " 08/31/22 - Central Radiology " MRI RIGHT SHOULDER " Impression: Small effusion in the glenohumeral joint o Interstitial tear in the supraspinatus tendon o Bicipital tenosynovitis o Tear in the coracohumeral ligament o Anterosuperior labral tear/SLAP tear o Periarticular bursitis " 09/02/22 - YK Chiropractic Care " Complaint: neck, upper and lower back, bilateral shoulders, and right ankle pain. Pain 7/10 " Exam: o Cervical Spine: Flexion 35. Ext 42. Bilateral Lat Flex 27. Bilateral Rot 65. o Lumbar Spine: Flexion 42. Ext 8. Right Lat Flex 19. Left Lat Flex 19. 0 Positive: O'Donoghue's, Kemp's bilateral " 09/07/22 - Central Radiology " MRI LEFT SHOULDER " Impression: o Small effusion in the glenohumeral joint 0 Partial tear in the supraspinatus tendon o Bicipital tenosynovitis o Anterosuperior labral tear o Periarticular bursitis " 09/13/22 - Clinton Medical Office " Complaint: same as before. woken at night due to pain, lifting/reaching. frequently up difficulty Pain 7-8/10 " Exam: o Right Shoulder: tenderness " Positive O'Brien's Drop arm, Cross-over, Empty Can, Hawkin's, " Abd 110. Forward Flex 120. 0 Left Shoulder: tenderness " Positive O'Brien's Drop arm, Cross-over, Empty Can, Hawkin's, " Abd 100. Forward Flex 110. " Impression: right shoulder labral tear, SLAP tear, bursitis, internal derangement o Left shoulder rotator cuff tear " Labral tear 7 10 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 " Internal derangement " Discussed right shoulder arthroscopy " 09/26/22 - Clinton Medical Office " Post visit op " Healing " 11/01/22 - YK Chiropractic Care " Complaint: neck, upper and lower back, bilateral shoulders, and right ankle pain. Pain 7/10 " Exam: o Cervical Spine: Flexion 36. Ext 40. Bilateral Lat Flex 27. Bilateral Rot 65. o Lumbar Spine: Flexion 44. Ext 11. Right Lat Flex 10. Left Lat Flex 19. o Positive: O'Donoghue's, Kemp's bilateral " 04/18/23 - J Sports Medicine " Complaint: same as before. Pain 6/10 " Exam: o Exam: " Cervical Spine: Flexion 30. Ext 30. Bilateral Lat Flex 23. Right Rot 75. Left Rot 70. " Positive Spurling's " Lumbar Spine: Flexion 40. Ext 20. Right Lat Flex 30. Left Lat Flex 35. Bilateral Rot 18 " Positive SLR " Impression: cervical and lumbar radiculopathy 0 Cervical and lumbar disc displacement " Recommended percutaneous for cervical and lumbar spine discectomy " SCARRING DUE TO SURGERY " PLAINTIFF REQUIRED PHYSICAL THERAPY AND REHABILITATION. IN ADDITION, FURTHER INVOLVEMENT OF PLAINTIFF'S MUSCLES, TENDONS, LIGAMENTS, SOFT AND HARD TISSUES, CATRILAGINOUS PARTS, BODY CAPSULES AND JOINTS, BLOOD VESSELS, NERVES AND NERVOUS SYSTEM IN AND ABOUT THE SURROUNDING AREAS ASSOCIATED WITH AND ACCOMPANIED BY PAIN, TENDERNESS, SWELLING, STIFFNESS, WEAKNESS, DISFIGUREMENT, DEFORMITY, IMMOBILITY, DISABILITY, AND RESTRICTION AND LIMITATION OF MOTION WHICH MAY RESULT IN AN ARTHRITIC CONDITION. 8 11 of 23 FILED: QUEENS COUNTY CLERK 11/28/2023 01:34 PM INDEX NO. 702311/2023 NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 11/28/2023 Plaintiff MISO KIM: " 07/06/22 - 12/19/22 - 54 chiro visits to YK Chiropractic Care " 07/05/22 - 12/19/22 - 54 physical visits to Shield PT therapy " 08/12/22 - RIGHT AN