Jury Demand in Alexis D Correa Paulino v. Jamaica Optical, David & Yonathan Llc| Trellis.Law

On February 02, 2024 a DEMAND FOR: - combined demands was filed involving a dispute between Alexis D Correa Paulino, and David & Yonathan Llc, Jamaica Optical, for Torts - Motor Vehicle in the District Court of Queens County.

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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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ALEXIS D CORREA PAULINO,
Index No.: 702616/2024
Plaintiff,
DEMAND FOR VERIFIED
-against- BILL OF PARTICULARS

DAVID & YONATHAN LLC and
JAMAICA OPTICAL

Defendants.
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PLEASE TAKE NOTICE, that pursuant to Section 3014 to 3044 of the C.P.L.R, you are

hereby required to serve upon the undersigned a Verified Bill of Particulars pursuant to the

following demand:

1. State the date and time of day of the occurrence.

2a. State the exact location of the occurrence.

2b. If the occurrence took place on premises, set forth the location therein giving floor

number and location thereon, so as to be readily identified; if upon a sidewalk or exterior of

premises, the distance from the curb and building line and other fixed object.

3. If an automobile accident, state the street or streets, including reference to

intersections, crosswalks, corners or curbs, where necessary to accurately locate the place; and the

direction in which each vehicle involved was travelling.

4. State how it is claimed the accident occurred.

5. State all the acts and/or omissions constituting the negligence claimed.

6. State any and all laws, rules, regulations and ordinances that are claimed to be either

applicable to the occurrence or to have been violated by the defendant(s).

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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7a. If actual notice is claimed, state when, where and to whom such notice was given

and whether such notice was oral or in writing.

7b. If it is claimed that constructive notice is chargeable to the defendant(s), state

exactly how long it is claimed the dangerous condition existed prior to the time of the accident.

8. State nature and extent of all injuries claimed.

9. Specify those claimed to be permanent.

10. Accurately state length of time confined to bed.

11. Accurately state length of time confined to home.

12. State name of each and every hospital, clinic, or institution where any treatment or

examination was rendered and length of time, if any, confined there. If not confined to any

hospital, etc., so state.

13. If it is claimed the plaintiff(s) was treated by a physician, physical therapist,

chiropractor, and/or other health care specialist other than one at a hospital and/or clinic, identify

said physician, physical therapist, chiropractor, and/or other health care specialist and state the

following:

a) What date treatment with each began.

b) What date treatment with each ceased.

c) The number of treatments provided by each.

14. Does the plaintiff(s) claim that there were any witnesses to the accident?

15. State nature of employment.

16. State name and address of employer.

17. State length of time incapacitated from employment.

18. State the nature and/or type of work customarily performed by the plaintiff(s).

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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19. If self-employed, state nature of self-employment and business address.

20. State total amount claimed as loss of earnings, including detailed statement as to

how such lost earnings were computed.

21. If the plaintiff(s) was a student, give the name and address of the school attended,

at or about the time of the accident, and accurately state the length of time incapacitated from

attending said school.

22. State the amounts claimed as special damages for:

a) Physicians' expenses.

b) Medical expenses.

c) Nurses' expenses.

d) Hospital expenses.

e) Any other expenses which it is claimed resulted from this occurrence.

23. State the residence address of the plaintiff(s), the date of birth of the plaintiff(s), the

plaintiff(s) Social Security number, and if an alien, please provide alien registration card number.

24. If this accident involves an automobile(s), give the year, make and model of each

vehicle involved.

25. If a claim for property damage is being asserted, accurately state cost of property

alleged to have been damaged and its value before and after the occurrence.

26. Itemized list of the property damage claimed, including the cost of repairing each

and every item.

27. State the date of each alleged repair.

28. State the nature of each alleged repair.

29. State the location of each alleged repair.

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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30. Identify the person who allegedly made the repairs on behalf of the defendant.

31. What constituted the condition and/or foreign substance claimed to have caused the

alleged accident.

32. Between what floors the stairway in question is situated.

33. The particulars step or steps claimed defective; specify whether numbering from

top or bottom.

34. What constituted the defect claimed as responsible for the accident; the

approximate size of the alleged defect and its location on the step or steps.

35. By virtue of what facts plaintiff claims the defendant reserved the stairway for his

own use and use of tenants. (two family house).

36. What constituted the nuisance and/or trap plaintiff claims was maintained by the

defendant.

37. What constituted the defect claimed as responsible for the accident; the

approximate size the alleged defect and its location on the sidewalk.

38. The substance and/or nature of the object which it is alleged that the plaintiff

slipped

on.

39. The location of the particular staircase and aisle where said alleged accident

occurred in sufficient detail to admit of ready identification.

40. In what respect does Plaintiff claim to have sustained loss of enjoyment of life.

Dated: New York, New York
April 11, 2024

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
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Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

______________________________
BY: SCOTT PERO, ESQ.
Attorneys for Defendant
PREFERRED OPTICAL LTD, i/s/h/a
JAMAICA OPTICAL
PENN 1, One Pennsylvania Plaza
50th Floor/Suite 5004
New York, NY 10119
(212) 553-8770
File No.:
TO:
GAMBONE LAW GROUP, PLLC
Attorneys for Plaintiff
8652 Woodhaven Blvd.
Queens, New York 11421

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

DAVID & YONATHAN LLC and
JAMAICA OPTICAL

Defendants.
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PLEASE TAKE NOTICE, that pursuant to CPLR 3101, 3120 and the Rules of the

Appellate Division, demand is hereby made upon the plaintiff or his attorney to serve upon and

deliver to the undersigned attorney for defendant, within twenty (20) days of receipt of this

notice:

1. Names and addresses of all persons claimed by plaintiff to have witnessed the

accident. If no such persons are known to plaintiff or her representative, so state. The defendant

will object at the time of trial to the testimony of any persons not so identified.

2. Duly executed and acknowledged written authorizations permitting defendant(s) to

obtain and copy the medical reports of any physicians who has examined and/or treated the

plaintiff and whose reports are not within the possession of the plaintiff.

3. Duly executed and acknowledged written authorizations permitting this defendant

to obtain and make copies of all names, addresses and hospital records, x-ray reports, technician's

reports and health service providers as a result of this accident.

4. Duly executed and acknowledged written authorizations permitting this defendant

to obtain actual copies of the entire medical file and all billing records of each treating chiropractor

and/or physical therapist that plaintiff has sought treatment from with respect to the injuries alleged

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
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herein.

5. Names and addresses of all notice witnesses. If no such persons are known to

plaintiffs or their representative so state. The defendant will object at the time of trial to the

testimony of such persons not so identified.

6. A duly executed authorization to obtain copies of all tax returns of plaintiff from

2020 to present.

7. a. Any and all photographs of the scene of the occurrence, automobiles involved

and plaintiff's injuries. Said photographs are to be exchanged in their original format as well as in

the form of a photographic image.

b. Any and all videos and/or recordings of the scene of the occurrence involved, the

incident alleged and/or plaintiff's injuries. Said videos and/or recordings are to be exchanged in

their original format as well as in the form of a photographic image.

c. All digital photographs, videos and/or recordings are to be retained by the

exchanging party in their original format. Any destruction of said digital photographs will be the

basis of an objection to the use of the photographic image at the time of trial.

d. All digital photographs, videos and/or recordings are to be provided along with

the names and addresses of the person or persons alleged to have obtained said materials and the

alleged to have created said material and the dates said materials were created.

8. Duly executed authorizations to obtain plaintiff's employment and/or school

records.

9. Duly executed authorizations to obtain plaintiff's CAT scans, MRI scans, x-rays,

dental/medical charts and records.

10. Copy of defendant's policy of insurance regarding collision coverage applicable to

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
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defendant's motor vehicle in effect on the date of the accident.

11. Copies of all incident reports, accident reports, compensation reports concerning

accident filed in the regular course of business.

12. Proof of loss of use.

13. Duly executed authorizations for plaintiff’s workers’ compensation records

pertaining to the accident that forms the subject of the within lawsuit.

14. Duly executed authorizations for plaintiff’s social security records pertaining to the

accident that forms the subject of the within lawsuit.

Dated: New York, New York
April 11, 2024

Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

DAVID & YONATHAN LLC and
JAMAICA OPTICAL

Defendants.
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PLEASE TAKE NOTICE, that demand is hereby made upon the attorney for the plaintiff

that he serve upon the undersigned, a statement in conformity with CPLR 4545, stating whether

any part of the cost of medical care, dental care, custodial care, rehabilitation services, loss of

earnings, or other economic loss sought to be recovered herein was replaced or indemnified, in

whole or in part, from any collateral source such as to inspect and copy any records reflecting any

collateral source or payment in response to the foregoing demand.

PLEASE TAKE FURTHER NOTICE, that your failure to comply with the foregoing

within twenty (20) days will serve as the basis of a motion for appropriate relief and/or sanctions

pursuant to the CPLR.

Dated: New York, New York
April 11, 2024

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Defendants.
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PLEASE TAKE NOTICE, that pursuant to CPLR 3101, 3120 and the Rules of the

Appellate Division, demand is hereby made upon the plaintiff or his attorney to serve upon and

deliver to the undersigned attorney for the defendant(s) within twenty (20) days of receipt of this

notice:

1. The name and address of each and every person you expect to call as an expert witness

at the trial of this action.

2. In reasonable detail, the subject matter on which each expert is expected to testify.

3. The substance of the facts and opinions on which each expert is expected to testify.

4. The qualification of each expert witness.

5. A summary of the grounds for each expert's opinion.

PLEASE TAKE FURTHER NOTICE, that appropriate motions will be made at the trial

of this action to preclude the testimony of any such expert, medical or otherwise, who has not been

properly identified together with his prospective testimony as demanded above.

PLEASE TAKE FURTHER NOTICE, that this demand is a continuing demand and

requires your response concerning your intention to call any expert witness up to and including the

time of the commencement of the trial of this action.

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Dated: New York, New York
April 11, 2024

Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Defendants.
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PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, you are hereby

required to produce the following at the offices of the undersigned within twenty (20) days of

receipt of this demand:

1) If a claim was or will be made pursuant to the terms of Article XVIII of the

Insurance Law of the State of New York (No Fault Law); with respect to each and every

application.

(A) Set forth the name, address, policy number and claim
number of each company to which a claim has been or
will be made.

(B) Set forth duly executed and acknowledged written
authorizations enabling the undersigned to obtain the
records relating to the plaintiff(s) from each company
identified in the response to paragraph 1A.

2) If a claim has or will be made pursuant to the terms of the Worker's

Compensation Law, with respect to each and every application.

(A) Set forth the name, address, policy number and claim
number to which a claim has been or will be made, together
with the Workmen's Compensation Board file number.

(B) Set forth duly executed and acknowledged written
authorizations enabling the undersigned to obtain the records relating to the

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
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plaintiff(s) from each company identified in the response to paragraph 2A.

3) If a disability claim has or will be made pursuant to the terms of the Social

Security laws, with respect to each and every application.

(A) Set forth the claim office, the address and the claim
number assigned.

(B) Set forth duly executed and acknowledged written
authorizations enabling the undersigned to obtain the
records relating to the plaintiff(s).

Dated: New York, New York
April 11, 2024

Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
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Defendants.
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PLEASE TAKE NOTICE, that pursuant to CPLR 3101 (f) you are hereby required to

produce and permit discovery by defendant(s) or his attorney, or someone acting on his behalf, of

the following documents or things for inspection at the office of the undersigned within twenty

days of receipt of this notice:

Any insurance agreements including excess insurance agreements, under which any person

carrying on an insurance business may be liable to satisfy part or all of a judgment that may be

entered in the above-entitled action against the defendant(s) or to indemnify or reimburse same for

payments made to satisfy said judgment.

Said inspection is to be made by means of copying or photocopying said documents.

Dated: New York, New York
April 11, 2024

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Defendants.
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PLEASE TAKE NOTICE, that you are required within twenty (20) days of receipt of this

notice to produce at the offices of the undersigned the following:

The medical bills setting forth the total amounts claimed for the hospital, medical

treatment, nursing and medical expenses incurred on behalf of the plaintiff, and

FURTHER, you are to identify what amounts, if any, have been paid by insurance, and

thereafter identify said amounts setting forth the names, addresses and policy numbers of the

carriers making said payments.

PLEASE TAKE FURTHER NOTICE, that failure on your part to respond to the above

requested material will result in this office making objection at the time of trial of this action to

any items dealing with the above requested documents.

Dated: New York, New York
April 11, 2024

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Yours, etc.,

LAW OFFICES OF JOHN J. BELLO, JR.

LAW OFFICES OF KEVIN P. WESTERMAN
Attorneys for Defendant
DAVID & YONATHAN LLC
900 Stewart Avenue, Suite 400
Garden City, New York 11530

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.
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FILED: QUEENS COUNTY CLERK 04/11/2024 09:28 AM INDEX NO. 702616/2024
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 04/11/2024

Case Info

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Anna Culley Track Judge’s New Case

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Document Filed Date

April 11, 2024

Case Filing Date

February 02, 2024

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