Preview
FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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ELIZABETH CRUZ, :
Index No.: 22565\2020E
Plaintiff, :
DEMAND FOR
- against - : A VERIFIED
BILL OF PARTICULARS
PARKCHESTER PRESERVATION COMPANY, LP :
and PARKCHESTER SOUTH CONDOMINIUM, INC.,
:
Defendants.
:
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PLEASE TAKE NOTICE that WOOD, SMITH, HENNING & BERMAN LLP,
attorneys for the defendant, PARKCHESTER PRESERVATION COMPANY, LP,
demands that a Verified Bill of Particulars be served upon the party listed below with the
following information within twenty (20) days:
1. Age of plaintiff(s), date of birth, place of birth and social security numbers.
2. State where the incident occurred.
3. Date of accident.
4. State the exact location of the alleged defect and location where accident
occurred.
5. State how the incident occurred.
6. Acts of negligence claimed to have been committed by each defendant listed
above, including any violations and/or notices issued by any government entity.
7. If actual notice is alleged;
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a. Person or persons to whom given.
b. If in writing, attach a copy; if oral, approximate date.
c. Place or places where given.
d. Date of dates when given.
8. If constructive notice is claimed:
a. Nature of condition.
b. Location of condition.
c. Duration of condition with date of inception, to date constructive
notice will be claimed to be given to the defendant.
9. Specify all acts and omissions allegedly constituting negligence, carelessness
or tort liability on the part of each of the defendants.
10. Statement of permanent injuries claimed.
11. State:
a. The injuries that the plaintiff(s) suffered as a result of the alleged
negligence of this answering defendant.
b. Set forth which injuries are claimed to be permanent and in what
respect they are claimed to be permanent.
c. State whether the plaintiff had any physical impairments and/or
illnesses, prior to the alleged injuries arising out of the subject
incident. If so, state the particulars thereof, the date of onset and
where the plaintiff treated for the preexisting conditions.
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12. Loss of earnings claimed, including those alleged for past and future lost
earnings:
a. Name of employer and address.
b. Number of days incapacitated setting forth the dates.
c. Daily, weekly, or monthly earnings.
d. Total amount of loss claimed for past and future lost earnings.
13. State whether it is claimed the plaintiff lost any time from school as a result of
the alleged injuries and if so, the dates thereof.
14. If the plaintiff(s) was a student or in a nursery or day care center at the time of
the accident:
a. Name and address of school, nursery or day care center.
b. Dates student failed to attend school, nursery or day care center as a
result of accident.
15. If confined to a hospital provide:
a. All medical and hospital records since birth.
b. Length of time confined, giving dates regarding the alleged
negligence herein.
c. Name and address of all hospitals.
16. If confined to bed or home:
a. Length of time confined to bed, giving dates.
b. Length of time confined to home, giving dates.
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17. Statement of amount of money actually expended for:
a. Hospital and dates of visits.
b. Physicians and dates of visits.
c. Nurses and dates of visits.
d. Medicines and dates obtained.
e. Other expenses.
18. A verified statement setting for the residence and post office address of the
plaintiff(s) at the present time.
19. If loss of service is claimed, set forth the exact nature of service stating what
was done or not done as a result of the alleged occurrence.
20. If any statutes, laws or rules are claimed to have been violated by the
defendant, set forth the title or any such law and the section or sections claimed to have
been violated.
21. Set forth any and all statements made by the defendant in writing with
respect to the occurrence.
22. If it is claimed that this defendant breached any agreement, contract, or lease
or is liable pursuant to the terms of any agreement, contract or lease, state whether same
was/were oral or written:
(a) if written, set forth a true and complete copy thereof;
(b) if oral, state the exact date when such agreement(s), contract(s), or
lease(s) was/were made; with what officers, agents or servants of the
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defendant it/they was/were made; its/their exact and complete
terms and conditions.
23. State the exact manner in which it is alleged that this/these defendant(s)
breached its/their agreement(s), contract(s), or lease(s).
24. If a defective, deficient, or unsafe condition is alleged, describe such
condition in detail, including its exact location.
25. Set forth any and all statements, attributable to the defendant, made
relating to the occurrence.
26. State whether any other action has been commenced against any person(s)
and/or entity or entities that may be jointly or jointly and severally liable with this
defendant in connection with the occurrence alleged in the Verified Complaint. If so, set
forth against whom and in what court(s) such action(s) have been commenced.
27. State whether any person(s) and/or entity or entities that may be jointly or
jointly and severally liable with this defendant has/have been released or discharged from
liability and, if so, set forth a true copy of said release.
28. Provide copies of any complaint letters and/or correspondence forwarded by
the plaintiff to this defendant concerning the subject incident.
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PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with
this Demand for Verified Bill of Particulars within twenty (20) days, a motion will be made
for an Order precluding you from offering any evidence at the trial of this action with
respect to the foregoing demand.
Dated: New York, New York
May 29, 2020
Yours, etc.,
WOOD, SMITH, HENNING & BERMAN, LLP
By:
James P. Tyrie
Attorneys for Defendant
PARKCHESTER PRESERVATION
COMPANY, LP
685 Third Avenue, 18th Floor
New York, NY 10017
(212) 999-7100
File No.: 10784-0352
TO: BELOVIN FRANZBLAU & ASSOCIATES, PC
Attn: Mitchell Franzblau, Esq.
Attorneys for Plaintiff
ELIZABETH CRUZ
2311 White Plains Road
Bronx, NY 10467
(718) 655-2900
PARKCHESTER SOUTH CONDOMINIUM, INC.
Defendant
2000 East Tremont Avenue
Bronx, NY 10462
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Preview
FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------------------------------------------------------------------------ x ELIZABETH CRUZ, : Index No.: 22565\2020E Plaintiff, : DEMAND FOR - against - : A VERIFIED BILL OF PARTICULARS PARKCHESTER PRESERVATION COMPANY, LP : and PARKCHESTER SOUTH CONDOMINIUM, INC., : Defendants. : ------------------------------------------------------------------------ x PLEASE TAKE NOTICE that WOOD, SMITH, HENNING & BERMAN LLP, attorneys for the defendant, PARKCHESTER PRESERVATION COMPANY, LP, demands that a Verified Bill of Particulars be served upon the party listed below with the following information within twenty (20) days: 1. Age of plaintiff(s), date of birth, place of birth and social security numbers. 2. State where the incident occurred. 3. Date of accident. 4. State the exact location of the alleged defect and location where accident occurred. 5. State how the incident occurred. 6. Acts of negligence claimed to have been committed by each defendant listed above, including any violations and/or notices issued by any government entity. 7. If actual notice is alleged; LEGAL:10784-0352/14612445.1 1 of 6 FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020 a. Person or persons to whom given. b. If in writing, attach a copy; if oral, approximate date. c. Place or places where given. d. Date of dates when given. 8. If constructive notice is claimed: a. Nature of condition. b. Location of condition. c. Duration of condition with date of inception, to date constructive notice will be claimed to be given to the defendant. 9. Specify all acts and omissions allegedly constituting negligence, carelessness or tort liability on the part of each of the defendants. 10. Statement of permanent injuries claimed. 11. State: a. The injuries that the plaintiff(s) suffered as a result of the alleged negligence of this answering defendant. b. Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. c. State whether the plaintiff had any physical impairments and/or illnesses, prior to the alleged injuries arising out of the subject incident. If so, state the particulars thereof, the date of onset and where the plaintiff treated for the preexisting conditions. LEGAL:10784-0352/14612445.1 2 of 6 FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020 12. Loss of earnings claimed, including those alleged for past and future lost earnings: a. Name of employer and address. b. Number of days incapacitated setting forth the dates. c. Daily, weekly, or monthly earnings. d. Total amount of loss claimed for past and future lost earnings. 13. State whether it is claimed the plaintiff lost any time from school as a result of the alleged injuries and if so, the dates thereof. 14. If the plaintiff(s) was a student or in a nursery or day care center at the time of the accident: a. Name and address of school, nursery or day care center. b. Dates student failed to attend school, nursery or day care center as a result of accident. 15. If confined to a hospital provide: a. All medical and hospital records since birth. b. Length of time confined, giving dates regarding the alleged negligence herein. c. Name and address of all hospitals. 16. If confined to bed or home: a. Length of time confined to bed, giving dates. b. Length of time confined to home, giving dates. LEGAL:10784-0352/14612445.1 3 of 6 FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020 17. Statement of amount of money actually expended for: a. Hospital and dates of visits. b. Physicians and dates of visits. c. Nurses and dates of visits. d. Medicines and dates obtained. e. Other expenses. 18. A verified statement setting for the residence and post office address of the plaintiff(s) at the present time. 19. If loss of service is claimed, set forth the exact nature of service stating what was done or not done as a result of the alleged occurrence. 20. If any statutes, laws or rules are claimed to have been violated by the defendant, set forth the title or any such law and the section or sections claimed to have been violated. 21. Set forth any and all statements made by the defendant in writing with respect to the occurrence. 22. If it is claimed that this defendant breached any agreement, contract, or lease or is liable pursuant to the terms of any agreement, contract or lease, state whether same was/were oral or written: (a) if written, set forth a true and complete copy thereof; (b) if oral, state the exact date when such agreement(s), contract(s), or lease(s) was/were made; with what officers, agents or servants of the LEGAL:10784-0352/14612445.1 4 of 6 FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020 defendant it/they was/were made; its/their exact and complete terms and conditions. 23. State the exact manner in which it is alleged that this/these defendant(s) breached its/their agreement(s), contract(s), or lease(s). 24. If a defective, deficient, or unsafe condition is alleged, describe such condition in detail, including its exact location. 25. Set forth any and all statements, attributable to the defendant, made relating to the occurrence. 26. State whether any other action has been commenced against any person(s) and/or entity or entities that may be jointly or jointly and severally liable with this defendant in connection with the occurrence alleged in the Verified Complaint. If so, set forth against whom and in what court(s) such action(s) have been commenced. 27. State whether any person(s) and/or entity or entities that may be jointly or jointly and severally liable with this defendant has/have been released or discharged from liability and, if so, set forth a true copy of said release. 28. Provide copies of any complaint letters and/or correspondence forwarded by the plaintiff to this defendant concerning the subject incident. LEGAL:10784-0352/14612445.1 5 of 6 FILED: BRONX COUNTY CLERK 05/29/2020 05:30 PM INDEX NO. 22565/2020E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/29/2020 PLEASE TAKE FURTHER NOTICE that in the event of your failure to comply with this Demand for Verified Bill of Particulars within twenty (20) days, a motion will be made for an Order precluding you from offering any evidence at the trial of this action with respect to the foregoing demand. Dated: New York, New York May 29, 2020 Yours, etc., WOOD, SMITH, HENNING & BERMAN, LLP By: James P. Tyrie Attorneys for Defendant PARKCHESTER PRESERVATION COMPANY, LP 685 Third Avenue, 18th Floor New York, NY 10017 (212) 999-7100 File No.: 10784-0352 TO: BELOVIN FRANZBLAU & ASSOCIATES, PC Attn: Mitchell Franzblau, Esq. Attorneys for Plaintiff ELIZABETH CRUZ 2311 White Plains Road Bronx, NY 10467 (718) 655-2900 PARKCHESTER SOUTH CONDOMINIUM, INC. Defendant 2000 East Tremont Avenue Bronx, NY 10462 LEGAL:10784-0352/14612445.1 6 of 6