Preview
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
JOSE ROMERO, Index No. 153338/2023
Plaintiff,
VERIFIED BILL OF
-against- PARTICULARS AS TO
DEFENDANT, THE TRUSTEES
LAWRENCE EXTERIOR RESTORATION CORP. OF COLUMBIA UNIVERSITY
and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
IN THE CITY OF NEW YORK,
Defendants.
-------------------------------------------------------------------X
Plaintiff, JOSE ROMERO, by his attorneys, THE BONGIORNO LAW FIRM, PLLC, as
and for his Verified Bill of Particulars, as to the demand of Defendant, THE TRUSTEES OF
COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, by their attorneys, RIVKIN
RADLER LLP, respectfully alleges the following:
1. Social Security Number: Plaintiff objects to demand for a Social Security Number
as this demand is palpably improper for a demand for a Bill of Particulars. “The release of social
security numbers constitutes an unwarranted invasion of privacy.” Seelig v. Sielaf, 201 A.D.2d
298 (1st Dept. 1994).
2. Date of Birth: Plaintiff objects to the Demand as it is not properly within the scope
of a Bill of Particulars pursuant to CPLR § 3043. Notwithstanding this objection, plaintiff, Jose
Romero, was born in 1978.
3-4. Plaintiff’s Address: The plaintiff’s address at the time of the occurrence to the
present is 2155 Madison Avenue, Apt. E13, New York, NY 10037.
5. Date/Time of Occurrence: The incident occurred on July 26, 2021, at
approximately 1:30 p.m.
1 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
6. Location of Accident: The incident occurred at 562 W. 113th Street, New York,
New York.
7. Location of Occurrence: See Response #6. The remainder of this demand to be
provided, if applicable.
8. Not applicable.
9. Manner of Occurrence: Plaintiff objects to the demand as it is a palpably improper
demand, in the form of impermissible interrogatories, evidentiary in nature and/or is outside the
scope of CPLR 3043(a), entitled “Bill of Particulars in personal injury actions.”
10. See Response to #11.
11. Negligence Claimed: the defendant(s) were negligent, careless, and reckless as
follows as follows:
• in failing to protect plaintiff from the known and preventable hazards of falling
objects;
• in failing to train the plaintiff and his coworkers in the proper removal of the
material hoist;
• in failing to properly supervise the plaintiff and his coworkers during the
removal of the material hoist;
• in failing to create a plan for the removal and/or re-location of the material hoist;
• in failing to provide for proper instruction, supervision, and training;
• in failing to protect plaintiff from the known and preventable hazards of falling
objects in accordance with Industrial Code Section 23-1.7(a)(1) and (2);
• in requiring plaintiff to work below active overhead work without the proper
devices or protection in place;
• in failing to provide proper supervision and training on the project site;
• in failing to establish a controlled access zone or provide any type of structural
overhead protection to the workers on site;
• in failing to provide for suitable overhead protection;
• in failing to eliminate the threat of overhead hazards by restricting worker
access to the subject area;
• in failing to provide signage and an acceptable form of barricade to separate the
hazardous area from the nonhazardous area to prevent workers from going
underneath the elevated work area;
• in failing to provide structural overhead protection to protect workers, and
specifically plaintiff, from falling objects;
• in failing to maintain the subject premises in a reasonably safe condition;
2 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
• in creating a dangerous condition;
• in causing and creating a trap-like condition;
• in failing to warn of the dangerous conditions alleged;
• in failing to provide adequate and appropriate tools equipment and devices to
the plaintiff so that he could properly and safely do the work he was engaged in
at the time of the occurrence;
• in violating all statutes and codes alleged herein;
• in failing to provide the plaintiff with a safe place to work;
• in failing to properly, adequately, and reasonably control, supervise and manage
the worksite;
• in failing to properly, adequately, and reasonably provide for, supply, make
available and/or require the proper and safe and appropriate type, kind, model
and make of safety equipment and/or securing devices that were designed for
the particular work that plaintiff was involved in at the time of the occurrence;
• in causing the material hoist to fall on the plaintiff;
• in failing to regularly conduct adequate, necessary and reasonable inspections;
• in failing to have an adequate and sufficient amount of supervisors and foremen
present at the worksite in light of all of the relevant factors then and there
existing;
• in failing to have and to ensure that its supervisors were in close enough
proximity to all of the work in progress at the worksite so as to ensure being
aware of unsafe practices as they occurred;
• in failing to provide, furnish, inspect for and require the necessary and adequate
communication equipment amongst the workers, supervisors and foreman on
the jobsite so as to insure the necessary and proper communication amongst the
workers and supervisory personnel;
• n failing to adequately and sufficiently inspect all areas of the jobsite for unsafe
conditions, unsafe practices, unskilled and untrained workers, and insufficient
number of workers;
• in failing to properly, adequately and sufficiently train, educate, brief and
instruct the plaintiff or subcontractors, workers, supervisors and/or foremen at
the subject site;
• in failing to arrange for a cordoned off work area in and around the location
where the plaintiff was engaged in work;
• in causing, permitting and or failing to prevent workers to and from being and
remaining in the immediate vicinity of falling object hazards;
• in failing to prevent, offer training for and/or remedy those unsafe conditions
and practices of workers on the site prior to the subject occurrence, although
the defendants, their agents, servants and/or employees had actual and/or
constructive notice of several unsafe practices and violations of the Industrial
Code and other generally accepted safety rules, customs and practices prior to
the plaintiff’s accident;
• in permitting, causing to exist and/or failing to remedy the ongoing and regular
unsafe conditions at the jobsite;
3 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
• in failing to require and instruct those workers at the site prior to the subject
occurrence with respect to proper, reasonable and safe overhead falling object
prevention methods;
• in inadequately, unreasonably, and unsafely supervising, controlling and
managing the subject work site prior to the subject occurrence;
• in failing to provide and furnish adequate and proper protection to the plaintiff
herein so as to prevent him from being injured while working;
• in allowing, causing to exist and/or failing to prevent persons or workers, and
particularly the plaintiff herein, from entering in or remaining in the vicinity of
unguarded and/or insufficiently attached objects overhead;
• in failing to require, implement and/or cause to exist daily and regular
inspections;
• in controlling, supervising, instructing, allowing and permitting a dangerous
practice and means and method of installing and/or removing an overhead
material hoist;
• in designating and then failing to properly and adequately and safely own,
operate, maintain, control, oversee, monitor, supervise, and direct, or manage
the means and methods of the work plaintiff was engaged in at the time of the
occurrence;
• in failing to provide the proper personal protective equipment to the plaintiff;
• in failing to provide reasonable and adequate protection for the lives, health and
safety of those persons lawfully on the jobsite, and more specifically, the
plaintiff;
• in failing to provide safe working conditions, personal protective equipment
and safe places to work for persons employed and conducting work at the
worksite;
• in failing to provide for suitable overhead protection;
• in failing to recognize the hazards involved;
• in failing to properly and adequately train and/or supervise its employees,
agents, servants, contractors, workers, and subcontractors;
• in failing to warn the plaintiff of the dangerous conditions that led to the subject
occurrence;
• in recklessly, carelessly and negligently supervising and monitoring the
project;
• in allowing and permitting dangerous customs, practices and conditions to take
place and exist at the subject worksite;
• in failing to provide the plaintiff and his coworkers with the proper and adequate
devices and equipment;
• in failing to provide reasonable and adequate protection and safety for the
plaintiff at the subject work site;
• in negligently owning, operating, maintaining, controlling, inspecting,
supervising and managing the construction site;
• in failing to conduct regular safety meetings;
• in failing to properly and adequately maintain minutes and notes for any safety
meetings which may have been held;
4 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
• in failing to properly and adequately ascertain and investigate the knowledge,
background and experience of all workers present on the jobsite;
• in failing to insure and cause all workers present at the site to be familiar and
acquainted with the reasonable and necessary safety practices relevant to the
work being conducted;
• in failing to own, operate, maintain, control, direct, supervise and engage in
work at the construction site in a reasonable and safe manner, and to keep and
maintain the construction site and premises in a reasonably safe condition;
• in allowing dangerous conditions to exist at the subject construction site;
• in creating the dangerous conditions alleged;
• in failing to inspect for the aforementioned dangerous conditions;
• in failing to remedy or otherwise correct the aforementioned dangerous
conditions;
• in causing the plaintiff to be injured;
• in failing to remedy or otherwise correct the aforementioned dangerous
conditions prior to the plaintiff’s accident;
• in violating NYS Labor Laws 200, 240(1) and 241(6);
• in violating all statutes and codes alleged herein;
• in permitting, causing to exist and/or failing to remedy the dangerous and unsafe
and defective conditions and practices;
• in failing to provide and furnish adequate and proper protection to the plaintiff
herein so as to prevent him from being injured;
• in creating a dangerous condition and situation for the plaintiff;
• in failing to warn the plaintiff of the dangerous conditions that led to the subject
occurrence;
• in failing to prevent, remedy and/or repair those hazardous conditions which
existed at the work site prior to the subject occurrence despite the defendants
having notice thereof; and
• in failing to observe and remedy the dangerous conditions alleged.
12. Statues Violated by defendants:
- Labor Law 200
- Labor Law 241(6)
- Labor Law 240 (1)
- NYS Industrial Code Sections:
o 23-1.5(c)(3)
o 23-1.7(a)(1) and (2)
o 23-6.1(b)
o 23-6.1(c)(1)
o 23-6.1(j)((2)
All other applicable Statutes, Ordinances, Rules and Regulations that the Court will
take Judicial Notice of at the time of trial.
5 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
13. Industrial Codes Violated: See Response #12.
14. Actual/Construction Notice: Actual and Construction are claimed.
15. Active Notice: The defendant, its agents, servants and/or employees, caused and
created the conditions and actions that led to the incident. Thus, plaintiff need not prover notice
in this case. Nevertheless, it is alleged that the defendant, its agents, servants and/or employees,
had both actual and constructive notice of the dangerous conditions alleged. Actual because the
defendant, its agents, servants and/or employees, observed the conditions during the minutes,
hours, days, weeks and months on a daily and regular basis before the occurrence.
16. Constructive Notice: The conditions existed for such a period of time prior to the
occurrence that the defendant, its agents, servants and/or employees, knew or should have known
of them. Additional and more specific information responsive to this demand is within the sole
and exclusive possession of the defendants and will be provided upon completion of discovery.
17. As a result of the incident, Plaintiff, JOSE ROMERO, suffered and sustained the
following injuries:
LUMBAR SPINE
● EPIDURAL INJECTINON(S): Lumbar Spine Epidural Steroid Injection on August 11, 2022,
by Mark Goodstein, MD, at Atlantis Surgery Center:
PREOPERATIVE/POSTOPERATIVE DIAGNOSIS:
(1) Left lumbar radiculopathy;
(2) Herniated nucleus pulposus, L2-L3;
(3) Listhesis L4 through S1;
PROCEDURES PERFORMED:
(1) Lumbar interlaminar epidural steroid injection with fluoroscopic needle guidance at L4-L5
toward the left;
6 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
(2) Intraoperative interpretation of lumbar epidurogram.
● EPIDURAL INJECTION(S): Lumbar Spine Epidural Steroid Injection on October 27, 2022,
by Mark Goodstein, MD, at Atlantis Surgery Center:
PREOPERATIVE/POSTOPERATIVE DIAGNOSIS:
(1) Left lumbar radiculopathy;
(2) Herniated nucleus pulposus, L2-L3;
PROCEDURES PERFORMED:
(1) Lumbar interlaminar epidural steroid injection with fluoroscopic needle guidance at L4-L5
toward the left;
(2) Intraoperative interpretation of lumbar epidurogram.
● TRIGGER POINT INJECTION(S): Lumbar Spine Trigger Point Injection on
November 22, 2022, by Mark Goodstein, MD, at CitiMed Complete Care:
PROCEDURES PERFORMED: Trigger Points were injected with 1-2ml using a ½ inch 25GA
needle at the left lumbar paraspinal 2x. Each trigger point was then broken up by gentle digital
massage.
● MRI: Impression of Lumbar Spine MRI on December 18, 2021, at CitiMed Diagnostic,
revealed:
○ Posterolisthesis of L5 upon S1 with posterolisthesis of L4 upon L5;
○ Focal central disc herniation at the L2-L3 level. Indents the ventral portion of
the thecal sac;
○ L3-L4 disc space represents a spurious finding in the anterolateral aspect of the
thecal sac on the right, relating to adjacent nerve roots with a central area of
cerebrospinal fluid seen;
○ L5-S1 disc space reveals posterolisthesis of L5 upon S1;
7 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
● MRI: Impression of Lumbar Spine MRI on April 6, 2023, at CitiMed Complete Medical Care,
revealed:
○ Bulging of the L2/3 disc with focal right lateral herniation of the nucleus pulposis
with impingement of right-sided nerve roots;
○ Thickened nerve roots in the upper region consistent with arachnoid adhesions;
● EMG/NCV-UL: Impression of Lumbar Spine EMG/NCV-UL on April 8, 2022, at CitiMed
Complete Medical Care, revealed:
○ L3/L4 and L5/S1 radiculopathy;
● Lumbar radiculopathy;
● Herniated discs at L2/L3; L3/L4;
● Posterolisthesis at L4/L5, L5/S1;
● Disc bulges at L2/L3; L5/S1;
● Lumbar disc displacement with herniated nucleus pulposus at L2/L3;
● Lumbar facet joint syndrome;
● Impingement;
● Lumbago;
● Sprain/Strain;
● Muscle spasms;
● Pain is constant, sharp and achy;
● Pain radiates to left lower extremity;
● Numbness sensation in the lower extremity;
● Pain radiates into hips, buttocks and anterior/posterior thighs;
● Loss of range of motion;
● Weakness;
● Tenderness;
The forgoing injuries affected the general health of the Plaintiff. The foregoing injuries directly
affected the bones, tendons, tissues, muscles, ligaments, nerves, blood vessels and soft tissues in
and about the involved areas and sympathetic and radiating pains, from all of which the plaintiff
suffers any may permanently suffer as a result of the accident and the injuries therein sustained.
8 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
All of the above injuries, with the exception of contusions, are permanent in nature. Plaintiff will
permanently suffer from the aforesaid injuries and will be limited in the scope of activities which
Plaintiff may perform. Plaintiff will be restricted and prevented from leading a normal life and
will require ongoing medical care and attention.
The above injuries are accompanied by severe pain, tenderness, swelling, stiffness, discomfort,
distress, weakness, stress, restriction of motion and with related injuries, damages, compromise
and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments
and musculature and all to the natural consequences flowing therefrom.
Plaintiff has further suffered and continues to suffer severe pain and difficulty with prolonged
sitting, standing, walking, bending, climbing stairs, lifting or carrying heavy objects, performing
strenuous activities, finding a comfortable position or sleeping.
Plaintiff has and will continue to experience impairment, disruption and difficulty with daily
activities, way of life including significant impairment of numerous daily activities that plaintiff
had previously taken for granted.
Limitations diminution and/or impairment of functions, and activities which plaintiff engaged in
prior to this accident.
Impairment of spinal integrity and exacerbation of any pre-existing symptomatic and /or
asymptomatic spondylitic changes, narrowing of vertebral spaces, degenerative vertebral or disc
changes.
Any and all the above injuries at/or near any body joint will result in traumatic arthritis and /or
onset of arthritis, osteoarthritis and/or onset of arthritis, osteoarthritis involvement, osteoporosis
and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have
otherwise occurred.
18. Permanency: All of the above injuries are permanent in nature and duration, and
were caused, precipitated, aggravated and/or exacerbated by the aforementioned occurrence.
19. Confinement:
Bed & Home: Intermittently to date.
20. Confinement:
Hospital:
Jacobi Medical Center/NYC Health & Hospital North Central Bronx
3424 Kossuth Avenue
Bronx, NY 10467
Emergency Room: July 26, 2021
9 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
Atlantis Surgery Center
321 Essex Street
Hackensack, NJ 07602
Lumbar Spine Epidural Injections: August 11, 2022 and October 27, 2022
21. Plaintiff objects to the demand for physician information as being improper in that
it fails to comply with the provision of Rule 3043(a) of the CPLR and/or calls for evidentiary
material. See CPLR 3043(a). Medical providers were previously provided in Plaintiff’s Response
to Combined Demands.
22. Nature of Employment: Construction.
23. Employer: Ramacri Construction Services, 37-20 87th Street, Apt. 4F, Jackson
Heights, NY 11372
24. Incapacitated from Work: Plaintiff has not been able to work since the date of the
accident.
25. Occupation: Construction Helper.
26. Self -Employed: Not applicable.
27. Lost Earnings: Plaintiff was earning $22/hr and working 40 hrs/wk at the time of
the occurrence. $880/wk x 116 weeks = $102,080 lost earnings to date and continuing.
28. Student: Not applicable.
29. Special Damages: CitiMed $2,577.35; Theradynamica Physical Rehabilitation
$190.00.
30. Other Actions: Not applicable.
31. Other Claim or Demand: To be provided, if applicable.
32. See Response #11.
10 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
33. Plaintiff objects to the demand for physician information as being improper in that
it fails to comply with the provision of Rule 3043(a) of the CPLR and/or calls for evidentiary
material. See CPLR 3043(a).
PLEASE BE ADVISED that plaintiff expressly reserves the right to amend and/or
supplement the above information should it change or become incomplete.
Dated: Garden City, New York
October 22, 2023
Yours, etc.,
THE BONGIORNO LAW FIRM, PLLC
Brandon M. Cruz
By: ________________________
BRANDON M. CRUZ
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
TO:
RIVKIN RADLER LLP
Attorneys for Defendant
THE TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
926 RXR Plaza
Uniondale, New York 11556
(516) 357-3289
Attorney: Brian S. Schlosser, Esq.
Email: brian.schlosser@rivkin.com
SEGAL McCAMBRIDGE SINGER &
MAHONEY, LTD.
Attorneys for Defendant
LAWRENCE EXTERIOR RESTORATION CORP.
777 Third Avenue, Suite 2400
New York, New York 10017
(212) 651-7500
Attorney: Antigone Tzakis, Esq.
Email: atzakis@smsm.com
11 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, the undersigned, am an attorney admitted to practice in the Courts of the State of New
York, and say that I am a member of THE BONGIORNO LAW FIRM, PLLC, representing the
plaintiff herein and I have read the annexed BILL OF PARTICULARS and know the contents
thereof and the same are true to my knowledge, except as to the matters therein which are stated
to be alleged on information and belief, and as to the matters I believe them to be true. My belief,
as to those matters therein not stated upon knowledge, is based upon the following:
Files and records in your affirmant's possession, as well as discussions with my client.
The reason this verification is made by me and not by plaintiff is because the plaintiff
resides in a county other than where your affirmant maintains offices.
I affirm that the foregoing statements are true under the penalties of perjury.
Dated: Garden City, New York
October 22, 2023
Brandon M. Cruz
_________________________
BRANDON M. CRUZ, ESQ.
12 of 13
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK INDEX NO.: 153338/2023
JOSE ROMERO,
Plaintiff,
-against-
LAWRENCE EXTERIOR RESTORATION CORP. and
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK,
Defendants.
--------------------------------------------------------------------------------------------------------------------
VERIFIED BILL OF PARTICULARS AS TO DEFENDANT,
THE TRUSTEE OF COLUMBIA UNIVERSITY IN
THE CITY OF NEW YORK
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
JOSE ROMERO
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney
admitted to practice in the Courts of the State of New York, certifies, to the best of his knowledge
after reasonable inquiry, that the contentions contained in the annexed documents are not frivolous.
Brandon M. Cruz
Dated: Garden City, New York By: _______________________________
October 22, 2023 Brandon M. Cruz, Esq.
PLEASE TAKE NOTICE
____ NOTICE OF ENTRY that the within is a true copy of a entered
in the office of the clerk of the within named Court on
____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be
presented for settlement to the Hon. one of the judges of the within named Court, on
THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff
13 of 13
Preview
FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------X JOSE ROMERO, Index No. 153338/2023 Plaintiff, VERIFIED BILL OF -against- PARTICULARS AS TO DEFENDANT, THE TRUSTEES LAWRENCE EXTERIOR RESTORATION CORP. OF COLUMBIA UNIVERSITY and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK IN THE CITY OF NEW YORK, Defendants. -------------------------------------------------------------------X Plaintiff, JOSE ROMERO, by his attorneys, THE BONGIORNO LAW FIRM, PLLC, as and for his Verified Bill of Particulars, as to the demand of Defendant, THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, by their attorneys, RIVKIN RADLER LLP, respectfully alleges the following: 1. Social Security Number: Plaintiff objects to demand for a Social Security Number as this demand is palpably improper for a demand for a Bill of Particulars. “The release of social security numbers constitutes an unwarranted invasion of privacy.” Seelig v. Sielaf, 201 A.D.2d 298 (1st Dept. 1994). 2. Date of Birth: Plaintiff objects to the Demand as it is not properly within the scope of a Bill of Particulars pursuant to CPLR § 3043. Notwithstanding this objection, plaintiff, Jose Romero, was born in 1978. 3-4. Plaintiff’s Address: The plaintiff’s address at the time of the occurrence to the present is 2155 Madison Avenue, Apt. E13, New York, NY 10037. 5. Date/Time of Occurrence: The incident occurred on July 26, 2021, at approximately 1:30 p.m. 1 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 6. Location of Accident: The incident occurred at 562 W. 113th Street, New York, New York. 7. Location of Occurrence: See Response #6. The remainder of this demand to be provided, if applicable. 8. Not applicable. 9. Manner of Occurrence: Plaintiff objects to the demand as it is a palpably improper demand, in the form of impermissible interrogatories, evidentiary in nature and/or is outside the scope of CPLR 3043(a), entitled “Bill of Particulars in personal injury actions.” 10. See Response to #11. 11. Negligence Claimed: the defendant(s) were negligent, careless, and reckless as follows as follows: • in failing to protect plaintiff from the known and preventable hazards of falling objects; • in failing to train the plaintiff and his coworkers in the proper removal of the material hoist; • in failing to properly supervise the plaintiff and his coworkers during the removal of the material hoist; • in failing to create a plan for the removal and/or re-location of the material hoist; • in failing to provide for proper instruction, supervision, and training; • in failing to protect plaintiff from the known and preventable hazards of falling objects in accordance with Industrial Code Section 23-1.7(a)(1) and (2); • in requiring plaintiff to work below active overhead work without the proper devices or protection in place; • in failing to provide proper supervision and training on the project site; • in failing to establish a controlled access zone or provide any type of structural overhead protection to the workers on site; • in failing to provide for suitable overhead protection; • in failing to eliminate the threat of overhead hazards by restricting worker access to the subject area; • in failing to provide signage and an acceptable form of barricade to separate the hazardous area from the nonhazardous area to prevent workers from going underneath the elevated work area; • in failing to provide structural overhead protection to protect workers, and specifically plaintiff, from falling objects; • in failing to maintain the subject premises in a reasonably safe condition; 2 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 • in creating a dangerous condition; • in causing and creating a trap-like condition; • in failing to warn of the dangerous conditions alleged; • in failing to provide adequate and appropriate tools equipment and devices to the plaintiff so that he could properly and safely do the work he was engaged in at the time of the occurrence; • in violating all statutes and codes alleged herein; • in failing to provide the plaintiff with a safe place to work; • in failing to properly, adequately, and reasonably control, supervise and manage the worksite; • in failing to properly, adequately, and reasonably provide for, supply, make available and/or require the proper and safe and appropriate type, kind, model and make of safety equipment and/or securing devices that were designed for the particular work that plaintiff was involved in at the time of the occurrence; • in causing the material hoist to fall on the plaintiff; • in failing to regularly conduct adequate, necessary and reasonable inspections; • in failing to have an adequate and sufficient amount of supervisors and foremen present at the worksite in light of all of the relevant factors then and there existing; • in failing to have and to ensure that its supervisors were in close enough proximity to all of the work in progress at the worksite so as to ensure being aware of unsafe practices as they occurred; • in failing to provide, furnish, inspect for and require the necessary and adequate communication equipment amongst the workers, supervisors and foreman on the jobsite so as to insure the necessary and proper communication amongst the workers and supervisory personnel; • n failing to adequately and sufficiently inspect all areas of the jobsite for unsafe conditions, unsafe practices, unskilled and untrained workers, and insufficient number of workers; • in failing to properly, adequately and sufficiently train, educate, brief and instruct the plaintiff or subcontractors, workers, supervisors and/or foremen at the subject site; • in failing to arrange for a cordoned off work area in and around the location where the plaintiff was engaged in work; • in causing, permitting and or failing to prevent workers to and from being and remaining in the immediate vicinity of falling object hazards; • in failing to prevent, offer training for and/or remedy those unsafe conditions and practices of workers on the site prior to the subject occurrence, although the defendants, their agents, servants and/or employees had actual and/or constructive notice of several unsafe practices and violations of the Industrial Code and other generally accepted safety rules, customs and practices prior to the plaintiff’s accident; • in permitting, causing to exist and/or failing to remedy the ongoing and regular unsafe conditions at the jobsite; 3 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 • in failing to require and instruct those workers at the site prior to the subject occurrence with respect to proper, reasonable and safe overhead falling object prevention methods; • in inadequately, unreasonably, and unsafely supervising, controlling and managing the subject work site prior to the subject occurrence; • in failing to provide and furnish adequate and proper protection to the plaintiff herein so as to prevent him from being injured while working; • in allowing, causing to exist and/or failing to prevent persons or workers, and particularly the plaintiff herein, from entering in or remaining in the vicinity of unguarded and/or insufficiently attached objects overhead; • in failing to require, implement and/or cause to exist daily and regular inspections; • in controlling, supervising, instructing, allowing and permitting a dangerous practice and means and method of installing and/or removing an overhead material hoist; • in designating and then failing to properly and adequately and safely own, operate, maintain, control, oversee, monitor, supervise, and direct, or manage the means and methods of the work plaintiff was engaged in at the time of the occurrence; • in failing to provide the proper personal protective equipment to the plaintiff; • in failing to provide reasonable and adequate protection for the lives, health and safety of those persons lawfully on the jobsite, and more specifically, the plaintiff; • in failing to provide safe working conditions, personal protective equipment and safe places to work for persons employed and conducting work at the worksite; • in failing to provide for suitable overhead protection; • in failing to recognize the hazards involved; • in failing to properly and adequately train and/or supervise its employees, agents, servants, contractors, workers, and subcontractors; • in failing to warn the plaintiff of the dangerous conditions that led to the subject occurrence; • in recklessly, carelessly and negligently supervising and monitoring the project; • in allowing and permitting dangerous customs, practices and conditions to take place and exist at the subject worksite; • in failing to provide the plaintiff and his coworkers with the proper and adequate devices and equipment; • in failing to provide reasonable and adequate protection and safety for the plaintiff at the subject work site; • in negligently owning, operating, maintaining, controlling, inspecting, supervising and managing the construction site; • in failing to conduct regular safety meetings; • in failing to properly and adequately maintain minutes and notes for any safety meetings which may have been held; 4 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 • in failing to properly and adequately ascertain and investigate the knowledge, background and experience of all workers present on the jobsite; • in failing to insure and cause all workers present at the site to be familiar and acquainted with the reasonable and necessary safety practices relevant to the work being conducted; • in failing to own, operate, maintain, control, direct, supervise and engage in work at the construction site in a reasonable and safe manner, and to keep and maintain the construction site and premises in a reasonably safe condition; • in allowing dangerous conditions to exist at the subject construction site; • in creating the dangerous conditions alleged; • in failing to inspect for the aforementioned dangerous conditions; • in failing to remedy or otherwise correct the aforementioned dangerous conditions; • in causing the plaintiff to be injured; • in failing to remedy or otherwise correct the aforementioned dangerous conditions prior to the plaintiff’s accident; • in violating NYS Labor Laws 200, 240(1) and 241(6); • in violating all statutes and codes alleged herein; • in permitting, causing to exist and/or failing to remedy the dangerous and unsafe and defective conditions and practices; • in failing to provide and furnish adequate and proper protection to the plaintiff herein so as to prevent him from being injured; • in creating a dangerous condition and situation for the plaintiff; • in failing to warn the plaintiff of the dangerous conditions that led to the subject occurrence; • in failing to prevent, remedy and/or repair those hazardous conditions which existed at the work site prior to the subject occurrence despite the defendants having notice thereof; and • in failing to observe and remedy the dangerous conditions alleged. 12. Statues Violated by defendants: - Labor Law 200 - Labor Law 241(6) - Labor Law 240 (1) - NYS Industrial Code Sections: o 23-1.5(c)(3) o 23-1.7(a)(1) and (2) o 23-6.1(b) o 23-6.1(c)(1) o 23-6.1(j)((2) All other applicable Statutes, Ordinances, Rules and Regulations that the Court will take Judicial Notice of at the time of trial. 5 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 13. Industrial Codes Violated: See Response #12. 14. Actual/Construction Notice: Actual and Construction are claimed. 15. Active Notice: The defendant, its agents, servants and/or employees, caused and created the conditions and actions that led to the incident. Thus, plaintiff need not prover notice in this case. Nevertheless, it is alleged that the defendant, its agents, servants and/or employees, had both actual and constructive notice of the dangerous conditions alleged. Actual because the defendant, its agents, servants and/or employees, observed the conditions during the minutes, hours, days, weeks and months on a daily and regular basis before the occurrence. 16. Constructive Notice: The conditions existed for such a period of time prior to the occurrence that the defendant, its agents, servants and/or employees, knew or should have known of them. Additional and more specific information responsive to this demand is within the sole and exclusive possession of the defendants and will be provided upon completion of discovery. 17. As a result of the incident, Plaintiff, JOSE ROMERO, suffered and sustained the following injuries: LUMBAR SPINE ● EPIDURAL INJECTINON(S): Lumbar Spine Epidural Steroid Injection on August 11, 2022, by Mark Goodstein, MD, at Atlantis Surgery Center: PREOPERATIVE/POSTOPERATIVE DIAGNOSIS: (1) Left lumbar radiculopathy; (2) Herniated nucleus pulposus, L2-L3; (3) Listhesis L4 through S1; PROCEDURES PERFORMED: (1) Lumbar interlaminar epidural steroid injection with fluoroscopic needle guidance at L4-L5 toward the left; 6 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 (2) Intraoperative interpretation of lumbar epidurogram. ● EPIDURAL INJECTION(S): Lumbar Spine Epidural Steroid Injection on October 27, 2022, by Mark Goodstein, MD, at Atlantis Surgery Center: PREOPERATIVE/POSTOPERATIVE DIAGNOSIS: (1) Left lumbar radiculopathy; (2) Herniated nucleus pulposus, L2-L3; PROCEDURES PERFORMED: (1) Lumbar interlaminar epidural steroid injection with fluoroscopic needle guidance at L4-L5 toward the left; (2) Intraoperative interpretation of lumbar epidurogram. ● TRIGGER POINT INJECTION(S): Lumbar Spine Trigger Point Injection on November 22, 2022, by Mark Goodstein, MD, at CitiMed Complete Care: PROCEDURES PERFORMED: Trigger Points were injected with 1-2ml using a ½ inch 25GA needle at the left lumbar paraspinal 2x. Each trigger point was then broken up by gentle digital massage. ● MRI: Impression of Lumbar Spine MRI on December 18, 2021, at CitiMed Diagnostic, revealed: ○ Posterolisthesis of L5 upon S1 with posterolisthesis of L4 upon L5; ○ Focal central disc herniation at the L2-L3 level. Indents the ventral portion of the thecal sac; ○ L3-L4 disc space represents a spurious finding in the anterolateral aspect of the thecal sac on the right, relating to adjacent nerve roots with a central area of cerebrospinal fluid seen; ○ L5-S1 disc space reveals posterolisthesis of L5 upon S1; 7 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 ● MRI: Impression of Lumbar Spine MRI on April 6, 2023, at CitiMed Complete Medical Care, revealed: ○ Bulging of the L2/3 disc with focal right lateral herniation of the nucleus pulposis with impingement of right-sided nerve roots; ○ Thickened nerve roots in the upper region consistent with arachnoid adhesions; ● EMG/NCV-UL: Impression of Lumbar Spine EMG/NCV-UL on April 8, 2022, at CitiMed Complete Medical Care, revealed: ○ L3/L4 and L5/S1 radiculopathy; ● Lumbar radiculopathy; ● Herniated discs at L2/L3; L3/L4; ● Posterolisthesis at L4/L5, L5/S1; ● Disc bulges at L2/L3; L5/S1; ● Lumbar disc displacement with herniated nucleus pulposus at L2/L3; ● Lumbar facet joint syndrome; ● Impingement; ● Lumbago; ● Sprain/Strain; ● Muscle spasms; ● Pain is constant, sharp and achy; ● Pain radiates to left lower extremity; ● Numbness sensation in the lower extremity; ● Pain radiates into hips, buttocks and anterior/posterior thighs; ● Loss of range of motion; ● Weakness; ● Tenderness; The forgoing injuries affected the general health of the Plaintiff. The foregoing injuries directly affected the bones, tendons, tissues, muscles, ligaments, nerves, blood vessels and soft tissues in and about the involved areas and sympathetic and radiating pains, from all of which the plaintiff suffers any may permanently suffer as a result of the accident and the injuries therein sustained. 8 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 All of the above injuries, with the exception of contusions, are permanent in nature. Plaintiff will permanently suffer from the aforesaid injuries and will be limited in the scope of activities which Plaintiff may perform. Plaintiff will be restricted and prevented from leading a normal life and will require ongoing medical care and attention. The above injuries are accompanied by severe pain, tenderness, swelling, stiffness, discomfort, distress, weakness, stress, restriction of motion and with related injuries, damages, compromise and degeneration of the underlying soft tissues, blood vessels, bones, nerves, tendons, ligaments and musculature and all to the natural consequences flowing therefrom. Plaintiff has further suffered and continues to suffer severe pain and difficulty with prolonged sitting, standing, walking, bending, climbing stairs, lifting or carrying heavy objects, performing strenuous activities, finding a comfortable position or sleeping. Plaintiff has and will continue to experience impairment, disruption and difficulty with daily activities, way of life including significant impairment of numerous daily activities that plaintiff had previously taken for granted. Limitations diminution and/or impairment of functions, and activities which plaintiff engaged in prior to this accident. Impairment of spinal integrity and exacerbation of any pre-existing symptomatic and /or asymptomatic spondylitic changes, narrowing of vertebral spaces, degenerative vertebral or disc changes. Any and all the above injuries at/or near any body joint will result in traumatic arthritis and /or onset of arthritis, osteoarthritis and/or onset of arthritis, osteoarthritis involvement, osteoporosis and/or necrosis at an earlier age, at an accelerated rate and with greater severity than would have otherwise occurred. 18. Permanency: All of the above injuries are permanent in nature and duration, and were caused, precipitated, aggravated and/or exacerbated by the aforementioned occurrence. 19. Confinement: Bed & Home: Intermittently to date. 20. Confinement: Hospital: Jacobi Medical Center/NYC Health & Hospital North Central Bronx 3424 Kossuth Avenue Bronx, NY 10467 Emergency Room: July 26, 2021 9 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 Atlantis Surgery Center 321 Essex Street Hackensack, NJ 07602 Lumbar Spine Epidural Injections: August 11, 2022 and October 27, 2022 21. Plaintiff objects to the demand for physician information as being improper in that it fails to comply with the provision of Rule 3043(a) of the CPLR and/or calls for evidentiary material. See CPLR 3043(a). Medical providers were previously provided in Plaintiff’s Response to Combined Demands. 22. Nature of Employment: Construction. 23. Employer: Ramacri Construction Services, 37-20 87th Street, Apt. 4F, Jackson Heights, NY 11372 24. Incapacitated from Work: Plaintiff has not been able to work since the date of the accident. 25. Occupation: Construction Helper. 26. Self -Employed: Not applicable. 27. Lost Earnings: Plaintiff was earning $22/hr and working 40 hrs/wk at the time of the occurrence. $880/wk x 116 weeks = $102,080 lost earnings to date and continuing. 28. Student: Not applicable. 29. Special Damages: CitiMed $2,577.35; Theradynamica Physical Rehabilitation $190.00. 30. Other Actions: Not applicable. 31. Other Claim or Demand: To be provided, if applicable. 32. See Response #11. 10 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 33. Plaintiff objects to the demand for physician information as being improper in that it fails to comply with the provision of Rule 3043(a) of the CPLR and/or calls for evidentiary material. See CPLR 3043(a). PLEASE BE ADVISED that plaintiff expressly reserves the right to amend and/or supplement the above information should it change or become incomplete. Dated: Garden City, New York October 22, 2023 Yours, etc., THE BONGIORNO LAW FIRM, PLLC Brandon M. Cruz By: ________________________ BRANDON M. CRUZ Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 TO: RIVKIN RADLER LLP Attorneys for Defendant THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK 926 RXR Plaza Uniondale, New York 11556 (516) 357-3289 Attorney: Brian S. Schlosser, Esq. Email: brian.schlosser@rivkin.com SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Attorneys for Defendant LAWRENCE EXTERIOR RESTORATION CORP. 777 Third Avenue, Suite 2400 New York, New York 10017 (212) 651-7500 Attorney: Antigone Tzakis, Esq. Email: atzakis@smsm.com 11 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, the undersigned, am an attorney admitted to practice in the Courts of the State of New York, and say that I am a member of THE BONGIORNO LAW FIRM, PLLC, representing the plaintiff herein and I have read the annexed BILL OF PARTICULARS and know the contents thereof and the same are true to my knowledge, except as to the matters therein which are stated to be alleged on information and belief, and as to the matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Files and records in your affirmant's possession, as well as discussions with my client. The reason this verification is made by me and not by plaintiff is because the plaintiff resides in a county other than where your affirmant maintains offices. I affirm that the foregoing statements are true under the penalties of perjury. Dated: Garden City, New York October 22, 2023 Brandon M. Cruz _________________________ BRANDON M. CRUZ, ESQ. 12 of 13 FILED: NEW YORK COUNTY CLERK 10/22/2023 06:05 PM INDEX NO. 153338/2023 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 10/22/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK INDEX NO.: 153338/2023 JOSE ROMERO, Plaintiff, -against- LAWRENCE EXTERIOR RESTORATION CORP. and THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Defendants. -------------------------------------------------------------------------------------------------------------------- VERIFIED BILL OF PARTICULARS AS TO DEFENDANT, THE TRUSTEE OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff JOSE ROMERO 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 ATTORNEY CERTIFICATION: Pursuant to NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the Courts of the State of New York, certifies, to the best of his knowledge after reasonable inquiry, that the contentions contained in the annexed documents are not frivolous. Brandon M. Cruz Dated: Garden City, New York By: _______________________________ October 22, 2023 Brandon M. Cruz, Esq. PLEASE TAKE NOTICE ____ NOTICE OF ENTRY that the within is a true copy of a entered in the office of the clerk of the within named Court on ____ NOTICE OF SETTLEMENT that an Order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court, on THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff 13 of 13