Preview
FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024
SUPREME COURT OF THE STATE OF NEW YORK ,
COUNTY OF KINGS
________________________________________Ç
NATHAN HANIMOV,
Plaintiffs,
VERIFIED BILL
-against- OF PARTICULARS
ARIEL GOSHINI, MICHAEL MEDINA and
YEDIDYA MEDINA,
Defendants. Index No. 506098/2022
________________________________________Ç
Plaintiff(s), by their attorney S. JOHN BAYDAR, as and for a
Verified Bill of Particulars pursuant to the demand of
defendant(s), respectfully allege upon information and belief as
follows:
1. The occurrence took place on July 18, 2018 at
'
approximately 9:15 p.m.
2. The accident took place at the intersection of
603
Strictland Avenue and East Place, Kings County, State of New
York.
3. The acts and omissions constituting the negligence
claimed include the following: the aforesaid occurrence arose
solely by reason of the carelessness, negligence and recklessness
of the defendants in their operation and control of the aforesaid
motor vehicle; defendants were negligent in failing to keep a
safe distance between their motor vehicle, other persons and/or
vehicles on the street/expressway; defendants were negligent in
going out of control; defendants were negligent in operating
their motor vehicle in such a negligent fashion so as to cause
the plaintiffs to become injured; defendants were negligent in
failing to see; defendants were negligent in failing to observe
the roadway and prevailing traffic conditions; defendants were
negligent in failing to see and/or heed traffic thereat;
defendants were negligent in failing to obtain safe and proper
control of their motor vehicle; defendants were negligent in
failing to timely apply his brakes; defendants were negligent in
failing to properly slow down; defendants were negligent in
traveling at an excessively unsafe and unlawful rate of speed
under the circumstances then and there prevailing; defendants
were negligent in failing to observe the traffic conditions then
and there prevailing; defendants were negligent in failing to see
what there was to be seen.thereat; defendants were negligent in
failing to observe and heed the traffic signs and signals which
were then and there maintaining traffic; defendants were
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negligent in failing to pay attention to the road and road
conditions; defendants were negligent in failing to yield the
right of way; defendants were negligent in failing to keep proper
control of his motor vehicle; defendants were negligent in
failing to avoid the occurrence although they had a full
opportunity to do so; defendants were negligent in failing to
exercise care to prevent the aforesaid occurrence; defendants
were negligent in failing to avoid the occurrence; defendants
were negligent in failing to comply with the applicable statutes
and Laws of the City and State of New York pertaining to traffic.
4. At the time of trial, the Court will take judicial
notice of all chapters, articles, sections and paragraphs of all
applicable statutes, ordinances, rules and regulations. Inter
alia, defendant violated Sections 1100, 1101, 1111, 1122, 1123,
1128, 1129, 1129(b), 1146(b), 1146(c), 1163, 1180, 1200 and 1212
of the Vehicle and Traffic Law of the State of New York and
Section 41, 43, 60, and 72 of the New York City Traffic Rules and
Regulations.
5 & 6. Injuries sustained by plaintiff include the
following:
.
All of the aforementioned injuries, resulting disabilities
and involvements are associated with further soft tissue injury
to the areas traumatically affected, including injury, tearing,
derangement, and damage and scarring to the associated muscle
groups, ligaments, tendons, blood vessels and blood supply,
epithelial injury and relating to the many portions mentioned
herein above, with resulting pain, deformity and disability,
stiffness, tenderness, weakness, and restriction and limitation
of motion and pain on motion and loss of the use of the above-
mentioned parts, atrophy, anxiety and mental anguish and all have
substantially prevented the Plaintiff from enjoying the normal
fruits of activities, social and educational and economic.
Except for bruising and incidental swelling, all of the
aforementioned injuries are permanent in nature.
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7. Plaintiff was (a) confined to the Emergency Room of NYU
Langone Hospital for several hours from 7/18/2018 to 7/19/2018
and (b) confined to his bed intermittently for several days.
8. Plaintiff was (a) partially disabled for several weeks
and (b) partially disabled for approximately seven (7) months due
to injuries suffered in the accident.
9. Not applicable. Plaintiff was not a student and no loss
of earnings is being claimed.
10. Plaintiff was born on , 1996 and his social
security number isEEEEEh5202. Plaintiff currently resides at
2063 East 67 Street, Brooklyn, N.Y. 11234.
.
11. (I)Special damages claimed by Small:
a. Physicians services: Being ascertained;
b. Medical supplies: Being ascertained;
c. Hospital expenses: Being ascertained;
Nurses'
d. services: Undetermined;
e. Loss of Earnings: Being ascertained;
f. All other Special damages; Undetermined;
g. All out of pocket expenses: being ascertained;
Plaintiff reserves the right to provide a more accurate
calculation of any applicable damages, up to and at the time of
trial.
12. In all respects, this demand is improper, evidentiary,
and beyond the scope of a Bill of Particulars pursuant to CPLR
§3043.
13 and 14. Not applicable as plaintiff was a passenger only
and not the owner of the vehicle.
Dated: Brooklyn, New York
March 15, 2024
Yours, etc.,
B agA
S. J BAYDAR, SQ.
Attorney for Plaintiff(s)
2186 Flatbush Avenue
Brooklyn, N.Y. 11234
(718) 252-4700
To:
William N. Candiloros, Esq.
ACITO KLEIN & CANDILOROS, P.C.
Attorney for Defendant(s)
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Attorney for Defendant(s)
ARIEL GOSHINI
241 Bleeker Street, Suite 200
New York, N.Y. 10014
(212) 370-4545
.
9
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VERIFICATION
STATE OF NEW YORK )
) SS:
COUNTY OF KINGS )
NATHAN N. HANIMOV, being duly sworn, verifies the
following:
That he has read the foregoing BILL OF PARTICULARS and
knows the contents thereof; that, upon information and belief,
the same is true.
HAN N. HANIMOV
Sworn to before me
on Å / f , 20
S. JOHN BAYDAR
NotaryPublic, State of New York
No. 02BA4876948
Qualified
Commission
in Westchester
Expires October
County
20, 20 Â
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AFFIRMATION OF SERVICE
STATE OF NEW YORK, COUNTY OF KINGS
S. John Baydar, an attorney duly admitted to practice law
before the Courts of New York, affirms the truth of the following
under the penalties of perjury and says:
I am the attorney for plaintiff(s) in the above entitled
action. On March 15, 2024, I served the within VERIFIED BILL OF
RESPONSE COMBINED PLAINTIFF'
PARTICULARS, TO DEMANDS and S COMBINED
DEMANDS upon:
William N. Candiloros, Esq.
ACITO KLEIN & CANDILOROS, P.C.
241 Bleeker Street, Suite 200
New York, N.Y. 10014
by depositing a true and correct copy of same enclosed in a
postpaid properly addressed wrapper in an official depository under
the exclusive care and custody of the United States post office
department within the State of New York.
Dated: Brooklyn, New York
March 15, 2024
S. Jaln Baydar, sq.
.
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
________________________________________________________________
NATHAN HANIMOV,
Index No. 506098/2022
Plaintiffs,
-against-
.
ARIEL GOSHINI, MICHAEL MEDINA and YEDIDYA MEDINA,
Defendants.
________________________________________________________________
VERIFIED BILL OF PARTICULARS;
RESPONSE TO COMBINED DEMANDS AND
PLAINTIFF'S COMBINED DEMANDS
________________________________________________________________
S . JOHN BAYDAR, ESQ.
Attorney for Plaintiffs
2186 Flatbush Avenue
Brooklyn, NY 11234
(718) 252-4700
_______________________________________________________________
.
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Preview
FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 SUPREME COURT OF THE STATE OF NEW YORK , COUNTY OF KINGS ________________________________________Ç NATHAN HANIMOV, Plaintiffs, VERIFIED BILL -against- OF PARTICULARS ARIEL GOSHINI, MICHAEL MEDINA and YEDIDYA MEDINA, Defendants. Index No. 506098/2022 ________________________________________Ç Plaintiff(s), by their attorney S. JOHN BAYDAR, as and for a Verified Bill of Particulars pursuant to the demand of defendant(s), respectfully allege upon information and belief as follows: 1. The occurrence took place on July 18, 2018 at ' approximately 9:15 p.m. 2. The accident took place at the intersection of 603 Strictland Avenue and East Place, Kings County, State of New York. 3. The acts and omissions constituting the negligence claimed include the following: the aforesaid occurrence arose solely by reason of the carelessness, negligence and recklessness of the defendants in their operation and control of the aforesaid motor vehicle; defendants were negligent in failing to keep a safe distance between their motor vehicle, other persons and/or vehicles on the street/expressway; defendants were negligent in going out of control; defendants were negligent in operating their motor vehicle in such a negligent fashion so as to cause the plaintiffs to become injured; defendants were negligent in failing to see; defendants were negligent in failing to observe the roadway and prevailing traffic conditions; defendants were negligent in failing to see and/or heed traffic thereat; defendants were negligent in failing to obtain safe and proper control of their motor vehicle; defendants were negligent in failing to timely apply his brakes; defendants were negligent in failing to properly slow down; defendants were negligent in traveling at an excessively unsafe and unlawful rate of speed under the circumstances then and there prevailing; defendants were negligent in failing to observe the traffic conditions then and there prevailing; defendants were negligent in failing to see what there was to be seen.thereat; defendants were negligent in failing to observe and heed the traffic signs and signals which were then and there maintaining traffic; defendants were 1 of 7 FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 negligent in failing to pay attention to the road and road conditions; defendants were negligent in failing to yield the right of way; defendants were negligent in failing to keep proper control of his motor vehicle; defendants were negligent in failing to avoid the occurrence although they had a full opportunity to do so; defendants were negligent in failing to exercise care to prevent the aforesaid occurrence; defendants were negligent in failing to avoid the occurrence; defendants were negligent in failing to comply with the applicable statutes and Laws of the City and State of New York pertaining to traffic. 4. At the time of trial, the Court will take judicial notice of all chapters, articles, sections and paragraphs of all applicable statutes, ordinances, rules and regulations. Inter alia, defendant violated Sections 1100, 1101, 1111, 1122, 1123, 1128, 1129, 1129(b), 1146(b), 1146(c), 1163, 1180, 1200 and 1212 of the Vehicle and Traffic Law of the State of New York and Section 41, 43, 60, and 72 of the New York City Traffic Rules and Regulations. 5 & 6. Injuries sustained by plaintiff include the following: . All of the aforementioned injuries, resulting disabilities and involvements are associated with further soft tissue injury to the areas traumatically affected, including injury, tearing, derangement, and damage and scarring to the associated muscle groups, ligaments, tendons, blood vessels and blood supply, epithelial injury and relating to the many portions mentioned herein above, with resulting pain, deformity and disability, stiffness, tenderness, weakness, and restriction and limitation of motion and pain on motion and loss of the use of the above- mentioned parts, atrophy, anxiety and mental anguish and all have substantially prevented the Plaintiff from enjoying the normal fruits of activities, social and educational and economic. Except for bruising and incidental swelling, all of the aforementioned injuries are permanent in nature. 2 of 7 FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 7. Plaintiff was (a) confined to the Emergency Room of NYU Langone Hospital for several hours from 7/18/2018 to 7/19/2018 and (b) confined to his bed intermittently for several days. 8. Plaintiff was (a) partially disabled for several weeks and (b) partially disabled for approximately seven (7) months due to injuries suffered in the accident. 9. Not applicable. Plaintiff was not a student and no loss of earnings is being claimed. 10. Plaintiff was born on , 1996 and his social security number isEEEEEh5202. Plaintiff currently resides at 2063 East 67 Street, Brooklyn, N.Y. 11234. . 11. (I)Special damages claimed by Small: a. Physicians services: Being ascertained; b. Medical supplies: Being ascertained; c. Hospital expenses: Being ascertained; Nurses' d. services: Undetermined; e. Loss of Earnings: Being ascertained; f. All other Special damages; Undetermined; g. All out of pocket expenses: being ascertained; Plaintiff reserves the right to provide a more accurate calculation of any applicable damages, up to and at the time of trial. 12. In all respects, this demand is improper, evidentiary, and beyond the scope of a Bill of Particulars pursuant to CPLR §3043. 13 and 14. Not applicable as plaintiff was a passenger only and not the owner of the vehicle. Dated: Brooklyn, New York March 15, 2024 Yours, etc., B agA S. J BAYDAR, SQ. Attorney for Plaintiff(s) 2186 Flatbush Avenue Brooklyn, N.Y. 11234 (718) 252-4700 To: William N. Candiloros, Esq. ACITO KLEIN & CANDILOROS, P.C. Attorney for Defendant(s) 3 of 7 FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 Attorney for Defendant(s) ARIEL GOSHINI 241 Bleeker Street, Suite 200 New York, N.Y. 10014 (212) 370-4545 . 9 4 of 7 FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 VERIFICATION STATE OF NEW YORK ) ) SS: COUNTY OF KINGS ) NATHAN N. HANIMOV, being duly sworn, verifies the following: That he has read the foregoing BILL OF PARTICULARS and knows the contents thereof; that, upon information and belief, the same is true. HAN N. HANIMOV Sworn to before me on Å / f , 20 S. JOHN BAYDAR NotaryPublic, State of New York No. 02BA4876948 Qualified Commission in Westchester Expires October County 20, 20 Â 5 of 7 FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 AFFIRMATION OF SERVICE STATE OF NEW YORK, COUNTY OF KINGS S. John Baydar, an attorney duly admitted to practice law before the Courts of New York, affirms the truth of the following under the penalties of perjury and says: I am the attorney for plaintiff(s) in the above entitled action. On March 15, 2024, I served the within VERIFIED BILL OF RESPONSE COMBINED PLAINTIFF' PARTICULARS, TO DEMANDS and S COMBINED DEMANDS upon: William N. Candiloros, Esq. ACITO KLEIN & CANDILOROS, P.C. 241 Bleeker Street, Suite 200 New York, N.Y. 10014 by depositing a true and correct copy of same enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody of the United States post office department within the State of New York. Dated: Brooklyn, New York March 15, 2024 S. Jaln Baydar, sq. . 6 of 7 FILED: KINGS COUNTY CLERK 03/15/2024 09:54 PM INDEX NO. 506098/2022 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/15/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ________________________________________________________________ NATHAN HANIMOV, Index No. 506098/2022 Plaintiffs, -against- . ARIEL GOSHINI, MICHAEL MEDINA and YEDIDYA MEDINA, Defendants. ________________________________________________________________ VERIFIED BILL OF PARTICULARS; RESPONSE TO COMBINED DEMANDS AND PLAINTIFF'S COMBINED DEMANDS ________________________________________________________________ S . JOHN BAYDAR, ESQ. Attorney for Plaintiffs 2186 Flatbush Avenue Brooklyn, NY 11234 (718) 252-4700 _______________________________________________________________ . 7 of 7