Preview
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF SENECA
___________________________________________
ERIE INSURACE COMPANY OF NEW YORK DEMAND FOR A BILL
AS SUBROGEE OF FRANK I. CADY OF PARTICULARS
TRUCKING LLC,
Index No.: 20230232
Plaintiff,
vs.
TOWN OF VENICE AND SEAN'S LAWNS
LLC,
Defendants.
___________________________________________
PLEASE TAKE NOTICE, that the Defendant, SEAN'S LAWNS LLC, by their
attorneys, the Law Office of J. William Savage, hereby demand that the Plaintiff serve upon the
undersigned attorney within twenty (20) days after date of service hereof, a verified Bill of
Particulars of the claim of the Plaintiff, specifying and stating the following:
1. The date, approximate time and location of the occurrence with reference to a fixed
object or landmark.
2. A statement of each and every statute and ordinance claimed to have been violated
by the Defendant.
3. A statement of every act or omission of the Defendant claimed by the Plaintiff to
have been careless, reckless, or negligent.
4. A statement of the injuries alleged to have been sustained by the Plaintiff and as to
each, the location, extent, duration and permanency.
5. The length of time the Plaintiff was confined to a) the hospital, if at all, dates of
confinement, name and address of hospital; b) to bed; and c) to home.
1 of 7
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
6. Statements showing a) the number of times Plaintiff was treated at the office of
their physicians and dates thereof; b) the number of times physicians treated Plaintiff at their home,
or any other location and the dates thereof.
7. A statement of the amounts of money which the Plaintiff has been compelled to
expend for: a) physicians; b) medicines; c) medical attendance; d) hospital; e) nursing; f) x-rays;
and g) others. Specify the name of each doctor treating or attending Plaintiff and further state the
number of treatments or visits at hospital, home, or office for each and the charge for each
individual treatment or visit.
8. Set forth a statement of the injuries and description of those claimed to be
permanent and also set forth in what respect Plaintiff has sustained Serious Injuries as defined in
Section 5102 (d) of the Insurance Law or describe how the economic loss is greater than the basic
economic loss as described in Section 5102 (a) (1) of the Insurance Law.
9. The usual occupation of the Plaintiff at the time of the accident, the amount of time
lost therefrom by date, salary at the time of the accident, and actual loss of earnings therefrom, if
any, and the names and addresses of his employers or source of said income.
10. State the date and place of birth of the Plaintiff.
11. State any other item of loss or damage claimed by the Plaintiff.
12. Where notice of a condition is a prerequisite to Defendant’s liability, state whether
actual or constructive notice is claimed, and if actual notice is claimed, state when and to whom
such notice was given. If constructive notice is claimed, state the length of time the condition is
alleged to have existed.
13. A statement showing specifically the value of the Plaintiff’s vehicle immediately
before and immediately after said accident.
2 of 7
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
14. A statement of each and every item of labor and material necessary to repair the
Plaintiffs’ vehicle and the itemized cost thereof.
15. The number of days the Plaintiff was deprived of the use of their vehicle and the
financial loss claimed.
16. A statement showing specifically a description of said vehicle, including name and
manufacturer, model, VIN number, type, and mileage at time of accident.
17. A statement of the criminal convictions of the Plaintiff, if any, including the offense
convicted of, the date of the conviction, jurisdiction and venue of conviction, and the name of the
Court where the conviction was entered.
18. A statement identifying the Plaintiff by Social Security Number, and by any and all
names used by the Plaintiffs (including aliases, nicknames and maiden names).
19. Identify each and every claim, action and/or lawsuit the Plaintiff has brought for
personal injuries; naming the jurisdiction of the claim/action, the date of the occurrence, the
injuries sustained, and the parties involved.
DATED: Syracuse, New York
September 27, 2023
Yours, etc.,
________________________________
BY: J. William Savage, Esq.
Law Office of J. William Savage
Attorneys for Defendant
SEAN'S LAWNS LLC
200 Salina Meadows Parkway, Suite 140
Syracuse, New York 13212
315-446-4705
wsavage@geico.com
3 of 7
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
TO: Marco Cercone, Esq.
Robert J. McDonald, Esq.
Rupp Pfalzgraf LLC
Attorneys for Plaintiff
ERIE INSURACE COMPANY OF NEW YORK
AS SUBROGEE OF FRANK I. CADY TRUCKING LLC
1600 Liberty Building
Buffalo, New York 14202-3502
716-854-3400
cercone@rupppfalzgraf.com
mcdonald@rupppfalzgraf.com
CC: Town of Venice
Andrew Simkin, Town Clerk
2479 NY State Route 34
Venice Center, NY 13147
4 of 7
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF SENECA
___________________________________________
ERIE INSURACE COMPANY OF NEW YORK DEMAND FOR A BILL
AS SUBROGEE OF FRANK I. CADY OF PARTICULARS
TRUCKING LLC, ON CROSS-CLAIM
Plaintiff, Index No.: 20230232
vs.
TOWN OF VENICE AND SEAN'S LAWNS
LLC,
Defendants.
___________________________________________
PLEASE TAKE NOTICE, that the Defendant, SEAN'S LAWNS LLC, by their
attorneys, the Law Office of J. William Savage, hereby demands that the Co-Defendant herein
serve upon the undersigned attorney within twenty (20) days after date of service hereof, a
verified Bill of Particulars of the claim of the Co-Defendant, specifying and stating the
following:
1. The date, approximate time and location of the occurrence with reference to a fixed
object or landmark.
2. A statement of each and every statute and ordinance claimed to have been violated
by the Defendant.
3. A statement of every act or omission of the Defendant claimed by the Co-Defendant
to have been careless, reckless, or negligent.
4. Where notice of a condition is a prerequisite to Defendants liability, state whether
actual or constructive notice is claimed, and if actual notice is claimed, state when and to whom
such notice was given. If constructive notice is claimed, state the length of time the condition is
alleged to have existed.
5 of 7
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
5. A statement showing specifically the value of the Co-Defendants vehicle
immediately before and immediately after said accident.
6. A statement of each and every item of labor and material necessary to repair the
Co-Defendants vehicle and the itemized cost thereof.
7. A statement showing specifically a description of said vehicle, including name and
manufacturer, model, VIN number, type, and mileage at time of accident.
PLEASE TAKE FURTHER NOTICE, that you are hereby required pursuant to CPLR
Section 3120 to make available for inspection and copying at the office of the undersigned within
thirty (30) days of the date of service of this Notice each of the following:
a. Copies of all prior pleadings served by any party to this action;
b. Copies of the transcripts of any Examinations Before Trial or Municipal Hearings
heretofore held in this action;
c. State whether the action is pending on the Court Calendar and set forth the calendar
and index number.
DATED: Syracuse, New York
September 27, 2023
Yours, etc.,
________________________________
BY: J. William Savage, Esq.
Law Office of J. William Savage
Attorneys for Defendant
SEAN'S LAWNS LLC
200 Salina Meadows Parkway, Suite 140
Syracuse, New York 13212
315-446-4705
wsavage@geico.com
6 of 7
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023
TO: Town of Venice
Andrew Simkin, Town Clerk
2479 NY State Route 34
Venice Center, NY 13147
CC: Marco Cercone, Esq.
Robert J. McDonald, Esq.
Rupp Pfalzgraf LLC
Attorneys for Plaintiff
ERIE INSURACE COMPANY OF NEW YORK
AS SUBROGEE OF FRANK I. CADY TRUCKING LLC
1600 Liberty Building
Buffalo, New York 14202-3502
716-854-3400
cercone@rupppfalzgraf.com
mcdonald@rupppfalzgraf.com
7 of 7
Preview
FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF SENECA ___________________________________________ ERIE INSURACE COMPANY OF NEW YORK DEMAND FOR A BILL AS SUBROGEE OF FRANK I. CADY OF PARTICULARS TRUCKING LLC, Index No.: 20230232 Plaintiff, vs. TOWN OF VENICE AND SEAN'S LAWNS LLC, Defendants. ___________________________________________ PLEASE TAKE NOTICE, that the Defendant, SEAN'S LAWNS LLC, by their attorneys, the Law Office of J. William Savage, hereby demand that the Plaintiff serve upon the undersigned attorney within twenty (20) days after date of service hereof, a verified Bill of Particulars of the claim of the Plaintiff, specifying and stating the following: 1. The date, approximate time and location of the occurrence with reference to a fixed object or landmark. 2. A statement of each and every statute and ordinance claimed to have been violated by the Defendant. 3. A statement of every act or omission of the Defendant claimed by the Plaintiff to have been careless, reckless, or negligent. 4. A statement of the injuries alleged to have been sustained by the Plaintiff and as to each, the location, extent, duration and permanency. 5. The length of time the Plaintiff was confined to a) the hospital, if at all, dates of confinement, name and address of hospital; b) to bed; and c) to home. 1 of 7 FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 6. Statements showing a) the number of times Plaintiff was treated at the office of their physicians and dates thereof; b) the number of times physicians treated Plaintiff at their home, or any other location and the dates thereof. 7. A statement of the amounts of money which the Plaintiff has been compelled to expend for: a) physicians; b) medicines; c) medical attendance; d) hospital; e) nursing; f) x-rays; and g) others. Specify the name of each doctor treating or attending Plaintiff and further state the number of treatments or visits at hospital, home, or office for each and the charge for each individual treatment or visit. 8. Set forth a statement of the injuries and description of those claimed to be permanent and also set forth in what respect Plaintiff has sustained Serious Injuries as defined in Section 5102 (d) of the Insurance Law or describe how the economic loss is greater than the basic economic loss as described in Section 5102 (a) (1) of the Insurance Law. 9. The usual occupation of the Plaintiff at the time of the accident, the amount of time lost therefrom by date, salary at the time of the accident, and actual loss of earnings therefrom, if any, and the names and addresses of his employers or source of said income. 10. State the date and place of birth of the Plaintiff. 11. State any other item of loss or damage claimed by the Plaintiff. 12. Where notice of a condition is a prerequisite to Defendant’s liability, state whether actual or constructive notice is claimed, and if actual notice is claimed, state when and to whom such notice was given. If constructive notice is claimed, state the length of time the condition is alleged to have existed. 13. A statement showing specifically the value of the Plaintiff’s vehicle immediately before and immediately after said accident. 2 of 7 FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 14. A statement of each and every item of labor and material necessary to repair the Plaintiffs’ vehicle and the itemized cost thereof. 15. The number of days the Plaintiff was deprived of the use of their vehicle and the financial loss claimed. 16. A statement showing specifically a description of said vehicle, including name and manufacturer, model, VIN number, type, and mileage at time of accident. 17. A statement of the criminal convictions of the Plaintiff, if any, including the offense convicted of, the date of the conviction, jurisdiction and venue of conviction, and the name of the Court where the conviction was entered. 18. A statement identifying the Plaintiff by Social Security Number, and by any and all names used by the Plaintiffs (including aliases, nicknames and maiden names). 19. Identify each and every claim, action and/or lawsuit the Plaintiff has brought for personal injuries; naming the jurisdiction of the claim/action, the date of the occurrence, the injuries sustained, and the parties involved. DATED: Syracuse, New York September 27, 2023 Yours, etc., ________________________________ BY: J. William Savage, Esq. Law Office of J. William Savage Attorneys for Defendant SEAN'S LAWNS LLC 200 Salina Meadows Parkway, Suite 140 Syracuse, New York 13212 315-446-4705 wsavage@geico.com 3 of 7 FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 TO: Marco Cercone, Esq. Robert J. McDonald, Esq. Rupp Pfalzgraf LLC Attorneys for Plaintiff ERIE INSURACE COMPANY OF NEW YORK AS SUBROGEE OF FRANK I. CADY TRUCKING LLC 1600 Liberty Building Buffalo, New York 14202-3502 716-854-3400 cercone@rupppfalzgraf.com mcdonald@rupppfalzgraf.com CC: Town of Venice Andrew Simkin, Town Clerk 2479 NY State Route 34 Venice Center, NY 13147 4 of 7 FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF SENECA ___________________________________________ ERIE INSURACE COMPANY OF NEW YORK DEMAND FOR A BILL AS SUBROGEE OF FRANK I. CADY OF PARTICULARS TRUCKING LLC, ON CROSS-CLAIM Plaintiff, Index No.: 20230232 vs. TOWN OF VENICE AND SEAN'S LAWNS LLC, Defendants. ___________________________________________ PLEASE TAKE NOTICE, that the Defendant, SEAN'S LAWNS LLC, by their attorneys, the Law Office of J. William Savage, hereby demands that the Co-Defendant herein serve upon the undersigned attorney within twenty (20) days after date of service hereof, a verified Bill of Particulars of the claim of the Co-Defendant, specifying and stating the following: 1. The date, approximate time and location of the occurrence with reference to a fixed object or landmark. 2. A statement of each and every statute and ordinance claimed to have been violated by the Defendant. 3. A statement of every act or omission of the Defendant claimed by the Co-Defendant to have been careless, reckless, or negligent. 4. Where notice of a condition is a prerequisite to Defendants liability, state whether actual or constructive notice is claimed, and if actual notice is claimed, state when and to whom such notice was given. If constructive notice is claimed, state the length of time the condition is alleged to have existed. 5 of 7 FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 5. A statement showing specifically the value of the Co-Defendants vehicle immediately before and immediately after said accident. 6. A statement of each and every item of labor and material necessary to repair the Co-Defendants vehicle and the itemized cost thereof. 7. A statement showing specifically a description of said vehicle, including name and manufacturer, model, VIN number, type, and mileage at time of accident. PLEASE TAKE FURTHER NOTICE, that you are hereby required pursuant to CPLR Section 3120 to make available for inspection and copying at the office of the undersigned within thirty (30) days of the date of service of this Notice each of the following: a. Copies of all prior pleadings served by any party to this action; b. Copies of the transcripts of any Examinations Before Trial or Municipal Hearings heretofore held in this action; c. State whether the action is pending on the Court Calendar and set forth the calendar and index number. DATED: Syracuse, New York September 27, 2023 Yours, etc., ________________________________ BY: J. William Savage, Esq. Law Office of J. William Savage Attorneys for Defendant SEAN'S LAWNS LLC 200 Salina Meadows Parkway, Suite 140 Syracuse, New York 13212 315-446-4705 wsavage@geico.com 6 of 7 FILED: SENECA COUNTY CLERK 09/27/2023 09:33 AM INDEX NO. 20230232 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 09/27/2023 TO: Town of Venice Andrew Simkin, Town Clerk 2479 NY State Route 34 Venice Center, NY 13147 CC: Marco Cercone, Esq. Robert J. McDonald, Esq. Rupp Pfalzgraf LLC Attorneys for Plaintiff ERIE INSURACE COMPANY OF NEW YORK AS SUBROGEE OF FRANK I. CADY TRUCKING LLC 1600 Liberty Building Buffalo, New York 14202-3502 716-854-3400 cercone@rupppfalzgraf.com mcdonald@rupppfalzgraf.com 7 of 7