On March 13, 2024 a
BILL OF PARTICULARS
was filed
involving a dispute between
Pedro J. Ayala,
and
Jake T. Macmorris,
for Torts - Motor Vehicle
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 04/09/2024 12:25 PM INDEX NO. 606478/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________________________________________________X
PEDRO J. AYALA, Index No.: 606478/2024
Plaintiff, DEMAND FOR
BILL OF PARTICULARS
-against-
JAKE T. MACMORRIS,
Defendant.
________________________________________________X
PLEASE TAKE NOTICE, that the defendant, JAKE T. MACMORRIS, pursuant to
CPLR§§ 3041, 3042, 3043 and 3044, hereby demands that the plaintiff serve on the undersigned,
within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect
to the following matters:
1. The exact date and approximate time of day of the alleged accident.
2. State the location of the occurrence in sufficient detail to permit identification, and
provide the name, number or other designation of the intersecting streets.
3. Describe the occurrence and state:
A. A description of each of the vehicles involved in sufficient detail to permit
identification;
B. The direction in which each of the vehicles were proceeding immediately
prior to the occurrence; and
C. What parts of the respective vehicles were in contact with each other.
4. State the acts or omissions constituting the negligence claimed on the part of these
answering defendant.
5. State and describe the extent of the injuries claimed by the plaintiff and indicate
which injuries are alleged to be permanent.
6. Set forth the length of time that the plaintiff was confined to a hospital, and the
name and address of said hospital.
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FILED: SUFFOLK COUNTY CLERK 04/09/2024 12:25 PM INDEX NO. 606478/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2024
7. The length of time, if any, that the plaintiff was confined to:
A. Bed; and
B. Home.
8. Set forth:
A. The occupation of the plaintiff;
B. The name and address of the plaintiff’s employer;
C. Number of working days incapacitated;
D. Rate of pay;
E. Past lost earnings;
F. Future lost earnings; and
G. Total lost earnings claimed.
9. Total amounts claimed for the plaintiff, if any, as special damages for charges
incurred for:
A. Physicians services;
B. Hospital services;
C. Surgical services;
D. Nursing services;
E. Ambulance services;
F. X-ray services;
G. Prescription drugs; and;
H. Other (please specify).
10. If the plaintiff was a student at the time of the occurrence, set forth the name and
address of the school, the grade or year in which enrolled, and the exact dates on
which there was no attendance due to the alleged occurrence.
11. Set forth a list of any and all physicians consulted for treatment, as a result of any
occurrence, together with an itemized list of the expenses incurred.
12. Set forth any past medical expenses claimed.
13. Set forth any future medical expenses claimed.
14. Set forth the address, date of birth, and Social Security number of the plaintiff.
15. State in what respect it is claimed a serious injury has been sustained, as defined in
§5102 of the Insurance Law, or economic loss has been sustained, as defined in
§5102 of the Insurance Law.
16. State the name and address of the operator of the plaintiff’s vehicle.
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FILED: SUFFOLK COUNTY CLERK 04/09/2024 12:25 PM INDEX NO. 606478/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2024
PLEASE TAKE FURTHER NOTICE, that these are continuing demands and failure to
comply will result in preclusion of any testimony regarding any items demanded.
DATED: New York, New York
April 9, 2024
Yours, etc.,
HANNUM FERETIC PRENDERGAST
& MERLINO, LLC
Marla Miller Ostrover
Marla Miller Ostrover, Esq.
Attorneys for Defendant
JAKE T. MACMORRIS
Office and Post Office Address
55 Broadway, Suite 202
New York, New York 10006
(212) 530-3940
TO:
Connon & Acosta, LLP
Attorneys for Plaintiff
PEDRO J. AYALA
1923 New York Avenue
Huntington Station, New York 11746
(631) 271-6363
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Document Filed Date
April 09, 2024
Case Filing Date
March 13, 2024
Category
Torts - Motor Vehicle
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Preview
FILED: SUFFOLK COUNTY CLERK 04/09/2024 12:25 PM INDEX NO. 606478/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________________________________________________X PEDRO J. AYALA, Index No.: 606478/2024 Plaintiff, DEMAND FOR BILL OF PARTICULARS -against- JAKE T. MACMORRIS, Defendant. ________________________________________________X PLEASE TAKE NOTICE, that the defendant, JAKE T. MACMORRIS, pursuant to CPLR§§ 3041, 3042, 3043 and 3044, hereby demands that the plaintiff serve on the undersigned, within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters: 1. The exact date and approximate time of day of the alleged accident. 2. State the location of the occurrence in sufficient detail to permit identification, and provide the name, number or other designation of the intersecting streets. 3. Describe the occurrence and state: A. A description of each of the vehicles involved in sufficient detail to permit identification; B. The direction in which each of the vehicles were proceeding immediately prior to the occurrence; and C. What parts of the respective vehicles were in contact with each other. 4. State the acts or omissions constituting the negligence claimed on the part of these answering defendant. 5. State and describe the extent of the injuries claimed by the plaintiff and indicate which injuries are alleged to be permanent. 6. Set forth the length of time that the plaintiff was confined to a hospital, and the name and address of said hospital. 1 of 3 FILED: SUFFOLK COUNTY CLERK 04/09/2024 12:25 PM INDEX NO. 606478/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2024 7. The length of time, if any, that the plaintiff was confined to: A. Bed; and B. Home. 8. Set forth: A. The occupation of the plaintiff; B. The name and address of the plaintiff’s employer; C. Number of working days incapacitated; D. Rate of pay; E. Past lost earnings; F. Future lost earnings; and G. Total lost earnings claimed. 9. Total amounts claimed for the plaintiff, if any, as special damages for charges incurred for: A. Physicians services; B. Hospital services; C. Surgical services; D. Nursing services; E. Ambulance services; F. X-ray services; G. Prescription drugs; and; H. Other (please specify). 10. If the plaintiff was a student at the time of the occurrence, set forth the name and address of the school, the grade or year in which enrolled, and the exact dates on which there was no attendance due to the alleged occurrence. 11. Set forth a list of any and all physicians consulted for treatment, as a result of any occurrence, together with an itemized list of the expenses incurred. 12. Set forth any past medical expenses claimed. 13. Set forth any future medical expenses claimed. 14. Set forth the address, date of birth, and Social Security number of the plaintiff. 15. State in what respect it is claimed a serious injury has been sustained, as defined in §5102 of the Insurance Law, or economic loss has been sustained, as defined in §5102 of the Insurance Law. 16. State the name and address of the operator of the plaintiff’s vehicle. 2 of 3 FILED: SUFFOLK COUNTY CLERK 04/09/2024 12:25 PM INDEX NO. 606478/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2024 PLEASE TAKE FURTHER NOTICE, that these are continuing demands and failure to comply will result in preclusion of any testimony regarding any items demanded. DATED: New York, New York April 9, 2024 Yours, etc., HANNUM FERETIC PRENDERGAST & MERLINO, LLC Marla Miller Ostrover Marla Miller Ostrover, Esq. Attorneys for Defendant JAKE T. MACMORRIS Office and Post Office Address 55 Broadway, Suite 202 New York, New York 10006 (212) 530-3940 TO: Connon & Acosta, LLP Attorneys for Plaintiff PEDRO J. AYALA 1923 New York Avenue Huntington Station, New York 11746 (631) 271-6363 3 of 3