Preview
FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------x Index # 718885/2023
JUN LU,
Plaintiff,
DEMAND FOR A VERIFIED
BILL OF
PARTICULARS
-against-
ZHIHONG SUN WU and JIE WU
Defendants
_____________---------------____---------x
A T T O R N E Y S :
PLEASE TAKE NOTICE, that the defendants, ZHIHONG SUN WU and JIE
WU demands that you furnish the undersigned with a Verified
Bill of Particulars within twenty (20) days showing the claim
of plaintiff with respect to the following matters:
1. (a) Name, age and date of birth of plaintiff(s).
(b) Any other name(s) plaintiff(s) have been known
under.
2. Post office and residence address(es) of
plaintiff(s) in sufficient detail to permit
ready location.
3. Plaintiff(s) social security number.
4. The date and time of the alleged accident or
occurrence.
5. The weather and road conditions at the time and
place of the alleged accident or occurrence.
6. The location of the alleged accident or
occurrence in sufficient detail to permit ready
identification including but not limited to the:
(a) The name of the street or road upon which
the alleged accident occurred;
(b) Indicate the nearest intersection and the
distance therefrom;
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(c) Specifying the exact place of the
occurrence with respect to the center of
the road, the center of the intersection or
other clear reference point;
(d) The direction each vehicle was proceeding;
(e) State the respective points of contact
between the vehicles if contact occurred;
(f) State the location where each vehicle
allegedly came to rest immediately after
the alleged accident or occurrence;
(g) State all traffic control devices which
existed at the scene of the accident or
occurrence; which traffic control devices
were involved in the accident or occurrence
by act or omission.
7. The acts and/or omissions constituting the
alleged negligence, which it is claimed, caused
the accident or occurrence.
8. What, if any, notice was given to the
defendant(s), the defendant's agents and/or
employees and whether actual or constructive
notice is claimed. If actual notice is claimed
to whom notice was given, the form of the notice
and date notice was given.
9. Set forth the name and address of the owner and
operator of each vehicle involved in the alleged
accident or incident.
10. Set forth the year, make, model, license plate
numbers indicating the state and year of the
license plate for each and every vehicle
involved in the alleged accident or occurrence.
11. If any violation of any rule, law, custom,
ordinance, statute or regulation is claimed or
alleged, identify and specify the provision of
same.
IF PERSONAL INJURIES ARE BEING CLAINED,
SET FORTH:
12. The nature, location, extent and duration of
each and every personal injury claimed to have
been sustained by plaintiff(s) and what
injuries, if any, are claimed to be permanent.
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13. The name(s) and address(es) of each medical
provider including all doctors, medical
practitioners, therapists, chiropractors and any
other person who rendered any care whatsoever to
plaintiff for the injuries allegedly sustained
herein including all treating, examining and
expert providers, the date(s) of each visit and
whether treatment is ongoing or has ceased.
14. If plaintiff(s) was treated at or confined to a
hospital or any such other medical facility,
state the name and address thereof and the dates
of treatment, admission and discharge.
15. Length of time and dates plaintiff(s) was
confined to his bed except for bodily
necessities and medical treatment allegedly due
to the injuries sustained herein.
16. Length of time and dates plaintiff(s) was
confined to his home except for medical
treatment allegedly due to the injuries
sustained herein.
17. Length of time and dates plaintiff was unable to
work after the accident or incident allegedly
due to the injuries sustained herein; and if
plaintiff was totally and/or partially
incapacitated from employment and the lengths of
time for each.
18. Set forth, plaintiff's vocation at the time of
the accident with a description of plaintiff's
duties.
19. (a) Set forth, plaintiff's employer, employer's
address and the name of the boss or immediate
supervisor at the time of the alleged accident
or occurrence.
(b)If plaintiff was self-employed, set forth the
name of plaintiff's business, partnership, firm
or the address of said self-
corporation;
employment at the time of the alleged accident
or incident.
20. If plaintiff was a student, the name and address
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of the school(s) attended, the dates of
attendance, the dates missed allegedly due to
the injuries sustained herein.
21. Total amounts claimed as special damages for:
(a) Physician and/or all medical providers;
(b) Medical and/or orthopedic supplies;
(c) Loss of earnings;
(d) Nurses services;
(e) Homecare and/or daycare expenses;
(f) Hospital expenses;
(g) Diagnostic test expenses;
(h) Prescription medicine expenses;
(i) Any other items of special damages
incurred.
IF PROPERTY DAMAGE IS BEING CLAIMED,
SET FORTH:
22. Itemized statement of the alleged damage to
plaintiff's vehicle, together with the costs of
each and every repair of each item and vehicle
involved and:
(a) The make, model and style of manufacture
including the year, serial number and
license place state and number.
(b) The parts damaged and the parts repaired,
the cost of each part, the labor involved,
the total overall costs.
(c) Number of miles said vehicle was driven at
time of the alleged accident regardless of
the drivers.
(d) Reasonable market value of same immediately
prior and immediately after the alleged
accident/or occurrence.
(e) All estimates for damage, parts, and
vehicles whether said work was done or not;
(f) If said vehicle is a total loss, the basis
in which the vehicle was declared a total
loss, estimates of value, the amount paid
for the vehicle whether repaired or not.
23. In what respect plaintiff has sustained a
serious injury as defined in subdivision (d) of
Section 5102 of the Insurance Law and/or
economic loss greater than basic economic loss,
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as defined in subdivision (a) of Section 5102 of
the Insurance Law.
24. If plaintiff has received, directly or
indirectly on his/her behalf any source or
sources of collateral reimbursements or
benefits, set forth the amounts thereof, when
and to whom such payments were made and the name
of the insurance company or any other source(s)
whatsoever who have made payments to
plaintiff(s) herein.
25. With regards to the injuries set forth in
plaintiff's Bill of Particulars herein, indicate
whether plaintiff(s) ever sustained any prior or
subsequent injuries to said parts of the body
alleged herein; and/or any lawsuits, legal
actions, disability claims, no fault claims,
workers compensation claims and/or other such
relief was sought include the venue, state,
county, claim and/or index number(s) for said
proceedings.
IF WRONGFUL DEATH IS
CLAIMEDr
SET FORTH:
26. Statement of the injuries and a description of
those claimed to have caused the death. The
cause of death listed on the death certificate.
The death certificate number and county that
issued the death certificate.
27. The exact age of the deceased at the time of
death.
28. The usual vocation or occupation of the
deceased, the amount of daily, weekly, monthly
or yearly wages for income of salary and the
length of time incapacitated from employment,
the name and address of the employer.
29. Length of time deceased remained conscious of
the injuries sustained. Length of time deceased
was unconscious prior to death.
30. Itemized list of expenses incurred due to the
death including funeral and burial expenses.
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FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023
31. The name, age, and address for the administrator
appointed or to be appointed, the next of kin,
the survivors and any other relatives surviving
the deceased making a claim herein.
32. The amounts of any contribution made by the
deceased to said administrator, next of kin,
survivors and any other relatives surviving the
deceased making a claim herein and the basis for
said amounts.
33. The amounts claimed as pecuniary loss, including
loss of services, loss of support, guidance or
care by each and every person who was defendant
upon the deceased and the basis for said claim.
PLEASE TAKE FURTHER NOTICE, that upon your failure to
comply with the foregoing demand, defendant herein will move
for an Order of Preclusion herein, pursuant to the Rules of
this Court and for such other and relief as this Court shall
deem just and proper.
DATED: Bayside, New York
October 9, 2023
Y rs c
JERO E D. PATTERSON, ESQ.
Jero e D. Patterson, P.C.
Atto ey s) for Defendants
Zhiho g un Wu and Jie Wu
42-40 1 Blvd., Suite 203
Bayside, New York 11361
(718)631-4400
To:
JERALD D. WERLIN
Attorney for Plaintiff
Jun Lu
43-40 164th 2nd Floor
street,
Flushing, NY, 11358
(718)361-8080
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Preview
FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------x Index # 718885/2023 JUN LU, Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS -against- ZHIHONG SUN WU and JIE WU Defendants _____________---------------____---------x A T T O R N E Y S : PLEASE TAKE NOTICE, that the defendants, ZHIHONG SUN WU and JIE WU demands that you furnish the undersigned with a Verified Bill of Particulars within twenty (20) days showing the claim of plaintiff with respect to the following matters: 1. (a) Name, age and date of birth of plaintiff(s). (b) Any other name(s) plaintiff(s) have been known under. 2. Post office and residence address(es) of plaintiff(s) in sufficient detail to permit ready location. 3. Plaintiff(s) social security number. 4. The date and time of the alleged accident or occurrence. 5. The weather and road conditions at the time and place of the alleged accident or occurrence. 6. The location of the alleged accident or occurrence in sufficient detail to permit ready identification including but not limited to the: (a) The name of the street or road upon which the alleged accident occurred; (b) Indicate the nearest intersection and the distance therefrom; 1 of 6 FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023 (c) Specifying the exact place of the occurrence with respect to the center of the road, the center of the intersection or other clear reference point; (d) The direction each vehicle was proceeding; (e) State the respective points of contact between the vehicles if contact occurred; (f) State the location where each vehicle allegedly came to rest immediately after the alleged accident or occurrence; (g) State all traffic control devices which existed at the scene of the accident or occurrence; which traffic control devices were involved in the accident or occurrence by act or omission. 7. The acts and/or omissions constituting the alleged negligence, which it is claimed, caused the accident or occurrence. 8. What, if any, notice was given to the defendant(s), the defendant's agents and/or employees and whether actual or constructive notice is claimed. If actual notice is claimed to whom notice was given, the form of the notice and date notice was given. 9. Set forth the name and address of the owner and operator of each vehicle involved in the alleged accident or incident. 10. Set forth the year, make, model, license plate numbers indicating the state and year of the license plate for each and every vehicle involved in the alleged accident or occurrence. 11. If any violation of any rule, law, custom, ordinance, statute or regulation is claimed or alleged, identify and specify the provision of same. IF PERSONAL INJURIES ARE BEING CLAINED, SET FORTH: 12. The nature, location, extent and duration of each and every personal injury claimed to have been sustained by plaintiff(s) and what injuries, if any, are claimed to be permanent. 2 of 6 FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023 13. The name(s) and address(es) of each medical provider including all doctors, medical practitioners, therapists, chiropractors and any other person who rendered any care whatsoever to plaintiff for the injuries allegedly sustained herein including all treating, examining and expert providers, the date(s) of each visit and whether treatment is ongoing or has ceased. 14. If plaintiff(s) was treated at or confined to a hospital or any such other medical facility, state the name and address thereof and the dates of treatment, admission and discharge. 15. Length of time and dates plaintiff(s) was confined to his bed except for bodily necessities and medical treatment allegedly due to the injuries sustained herein. 16. Length of time and dates plaintiff(s) was confined to his home except for medical treatment allegedly due to the injuries sustained herein. 17. Length of time and dates plaintiff was unable to work after the accident or incident allegedly due to the injuries sustained herein; and if plaintiff was totally and/or partially incapacitated from employment and the lengths of time for each. 18. Set forth, plaintiff's vocation at the time of the accident with a description of plaintiff's duties. 19. (a) Set forth, plaintiff's employer, employer's address and the name of the boss or immediate supervisor at the time of the alleged accident or occurrence. (b)If plaintiff was self-employed, set forth the name of plaintiff's business, partnership, firm or the address of said self- corporation; employment at the time of the alleged accident or incident. 20. If plaintiff was a student, the name and address 3 of 6 FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023 of the school(s) attended, the dates of attendance, the dates missed allegedly due to the injuries sustained herein. 21. Total amounts claimed as special damages for: (a) Physician and/or all medical providers; (b) Medical and/or orthopedic supplies; (c) Loss of earnings; (d) Nurses services; (e) Homecare and/or daycare expenses; (f) Hospital expenses; (g) Diagnostic test expenses; (h) Prescription medicine expenses; (i) Any other items of special damages incurred. IF PROPERTY DAMAGE IS BEING CLAIMED, SET FORTH: 22. Itemized statement of the alleged damage to plaintiff's vehicle, together with the costs of each and every repair of each item and vehicle involved and: (a) The make, model and style of manufacture including the year, serial number and license place state and number. (b) The parts damaged and the parts repaired, the cost of each part, the labor involved, the total overall costs. (c) Number of miles said vehicle was driven at time of the alleged accident regardless of the drivers. (d) Reasonable market value of same immediately prior and immediately after the alleged accident/or occurrence. (e) All estimates for damage, parts, and vehicles whether said work was done or not; (f) If said vehicle is a total loss, the basis in which the vehicle was declared a total loss, estimates of value, the amount paid for the vehicle whether repaired or not. 23. In what respect plaintiff has sustained a serious injury as defined in subdivision (d) of Section 5102 of the Insurance Law and/or economic loss greater than basic economic loss, 4 of 6 FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023 as defined in subdivision (a) of Section 5102 of the Insurance Law. 24. If plaintiff has received, directly or indirectly on his/her behalf any source or sources of collateral reimbursements or benefits, set forth the amounts thereof, when and to whom such payments were made and the name of the insurance company or any other source(s) whatsoever who have made payments to plaintiff(s) herein. 25. With regards to the injuries set forth in plaintiff's Bill of Particulars herein, indicate whether plaintiff(s) ever sustained any prior or subsequent injuries to said parts of the body alleged herein; and/or any lawsuits, legal actions, disability claims, no fault claims, workers compensation claims and/or other such relief was sought include the venue, state, county, claim and/or index number(s) for said proceedings. IF WRONGFUL DEATH IS CLAIMEDr SET FORTH: 26. Statement of the injuries and a description of those claimed to have caused the death. The cause of death listed on the death certificate. The death certificate number and county that issued the death certificate. 27. The exact age of the deceased at the time of death. 28. The usual vocation or occupation of the deceased, the amount of daily, weekly, monthly or yearly wages for income of salary and the length of time incapacitated from employment, the name and address of the employer. 29. Length of time deceased remained conscious of the injuries sustained. Length of time deceased was unconscious prior to death. 30. Itemized list of expenses incurred due to the death including funeral and burial expenses. 5 of 6 .. FILED: QUEENS COUNTY CLERK 10/09/2023 12:02 PM INDEX NO. 718885/2023 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/09/2023 31. The name, age, and address for the administrator appointed or to be appointed, the next of kin, the survivors and any other relatives surviving the deceased making a claim herein. 32. The amounts of any contribution made by the deceased to said administrator, next of kin, survivors and any other relatives surviving the deceased making a claim herein and the basis for said amounts. 33. The amounts claimed as pecuniary loss, including loss of services, loss of support, guidance or care by each and every person who was defendant upon the deceased and the basis for said claim. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply with the foregoing demand, defendant herein will move for an Order of Preclusion herein, pursuant to the Rules of this Court and for such other and relief as this Court shall deem just and proper. DATED: Bayside, New York October 9, 2023 Y rs c JERO E D. PATTERSON, ESQ. Jero e D. Patterson, P.C. Atto ey s) for Defendants Zhiho g un Wu and Jie Wu 42-40 1 Blvd., Suite 203 Bayside, New York 11361 (718)631-4400 To: JERALD D. WERLIN Attorney for Plaintiff Jun Lu 43-40 164th 2nd Floor street, Flushing, NY, 11358 (718)361-8080 6 of 6