Preview
FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
GIUSEPPINA IANNIELLO,
ANSWER
Plaintiff,
-against- Index No. 616874/2019
BARBARA A. DOBBINS and
TAYLOR C. DOBBINS,
Defendant.
- X
The Defeñdañts, BARBARA A. DOBBINS and TAYLOR C. DOBBINS, by Law
Offices of Karen L. Lawrence, as and for their Answer to the Complaint herein, allege as
follows:
1. Deny any knowledge or information sufficient to form a belief as to the
allegations coñtaiñcd in paragraphs designated as "FIRST, FOURTH, FIFTH, SEVENTH,
ELEVENTH"
NINTH, TENTH and of the Complaint herein.
2. Upon information and belief, deny each and every allegation cêñtaiñêd in
paragraphs designated as "TWELFTH, THIRTEENTH, FOURTEENTH, FIFTEENTH,
N1NETEENTH"
SIXTEENTH, EIGHTEENTH and of the Complaint herein.
"SEVENTEENTH"
3. As to paragraphs designated as answeriñg Defendants
repeats, reiterates and realleges each and every denial heretofore had herein.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
Any dañiages süstaiñêd by the Plaintiff were caused by the culpabic conduct of
the Plaintiff, iñcludiñg contributory negligence or assumption of risk, and not by the culpable
conduct or negligence of these Defendant¤
answering
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AS AND FOR A SECOND AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
Upon information and belief, Plaintiff failed to use or misused seat belts, and
thereby contributed to the alleged injuries.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
That to the extent plaintiff recovers any damages for the cost of medical care,
dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the
amount of the award shall be reduced by the sum total of all collateral reimbursements, from
whatever source, whether it be insurance, social security payments, no fault payments, Workers
Compensation, employee beñêfits or other such programs, in accordance with the provisions of
the CPLR 4545.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
THESE ANSWERING DEFENDANTS ALLEGE:
In the event that any person or entity liable or claimed to be liable for the injury
alleged in this action has been given or may hereafter be given a release or covenant not to sue,
defeñdsñt will be entitled to protection under General Obligations Law 15-108 and the
correspondiñg reduction of any damages which may be determined to be due against this
answering defendant.
WHEREFORE, this answering Defendants demand judgment diamianing the
Complaint herein with costs.
DATED: Garden City, NY
December 18, 2019
2
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Yours, etc.,
Law Offices of Karen L. Lawrence
John O'Donnell
Attorney for Defendant
BARBARA A. DOBBINS and TAYLOR C.
DOBBINS
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5708
Our File No. 0559804488.1-
TO: SANDERS, SANDERS, BLOCK,
WOYICK, VIENER & GROSSMAN, P.C.
Attorneys for Plaintiff
GlUSEPPINA IANNIELLO
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
FILE #: SSBW-AUTO-ACC-6424
3
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
- X
GlUSEPPINA IANNIELLO, COMBINED DEMAND FOR
DISCOVERY AND INSPECTION
Plaintiff,
Index No. 616874/2019
-against-
BARBARA A. DOBBINS and
TAYLOR C. DOBBINS,
Defendant.
X
SIRS:
PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby
demanded that you serve upon the office of the undersigned, within thirty (30) days the
following:
1. The names and addresses of all witnesses known to the Plaintiff(s) and the
Plaintiffs representanves, who it will be claimed were witnesses to the
following:
(a) The alleged occurrence in question.
(b) Any alleged defective condition.
(c) The site of the alleged occurrence immediately prior and
immediately subsequent to the alleged occurrence.
(d) The actions of any of the parties, or of any non-parties, before,
during, or after the alleged occurrence.
2. Any statcmcñts, oral, written or electronically recorded, from any party we
represent, in the passession of the Plaintiff(s) or the Plaintiff(s)
representatives.
3. Any photographs of the following:
(a) The site of the alleged occurrence.
(b) Any instrumentalities involved.
4. Any accident reports made in the normal course of business Pataki v.
Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981).
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5. Any diagrams, drawings, notes, records, etc., made from any information
provided by any client we represent.
6. Any notes, records, memoranda, diagrams, drawings, photographs made
or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s)
representatives, even if made in contemplation of litigation.
7. The name and address of each and every person you expect to call as an
expert witness at the trial of this action;
8. In reasonable detail, the subject matter on which each expert is expected to
testify;
9. The substance of the facts and opinions on which each expert is expected
to testify;
10. The qualification of each expert witness, and;
11. A summary of the grounds for each expert's opinion.
12. Maistcñance and repair records for the motor vehicle of the Plaintiff(s) for
one (1) year prior to the alleged occurrence.
13. Copies of any letters or written communications from Plaintiff(s) to
Defendant(s) citing any alleged defective conditions.
14. Duly executed authorization allowing the undersigned to obtain the
employment records of the party seeking recovery for the period
commcaciñg one (1) year prior to the date of the subject ovounonuo and
continuing to the present date. This authorization shall allow access to,
Plaintiff(s)'
but shall not be limited to, records regarding the salary and
attendance.
(a) If Plaintiff is a student: duly executed authorization(s) allowing the
undersigñêd to obtain the school records of the Plaintiff for the
period commencing one (1) year prior to the date of the occurrence .
and continuing to the present date.
Plaintiff(s)'
15. Copies of the City, State and Federal Income Tax Records for
the period commencing two (2) years prior to the date of the subject
occurrence and for all subsequent years up to and including the present. If
such records, or a portion thereof are üñavailable, authorizations to obtain
such records from the Internal Revenue Service and/or New York State
Department of Taxation. If income tax returns were not filed for such
period or a portion thereof, so state in reply to this demañd.
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16. Duly executed and acknowledged original authorizations permitting
this/these Defendant(s) to obtain and copy No-Fault medical and wage
records for each Plaintiff for the period from the date of occurrence to the
present.
17. If a claim has or will be made pursuant to the terms of ARTICLE 51 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,
including OBEL, Additional PIP and Medical Payments coverage.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "(a)".
Workers'
18. If a claim has or will be made pursuant to the terms of the
Compensation Law, with respect to each and every application:
(a) Set forth the name, address, policy number and claim number to
Workers'
which a claim has been or will be made, together with the
Compensation Board file number.
(b) Set forth duly executed and acknowledged written authorizations
enabling the undersigned to obtain the records relating to the
Plaintiff from each company identified in the response to
Paragraph "(a)".
19. 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.
20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned
attorneys to inspect and copy the coñteñts of:
(a) Each and every collateral source of payment, including but not
Workers'
limited to, insurance agreements, Social Security,
Compensation or employee benefit programs, and any other
collateral source of payment for past or future costs or expenses
alleged to have been incurred by the Plaintiffs and for which
recovery is sought in the instant action and
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(b) A written statement setting forth any and all such collateral sources
and their amounts.
(c) Duly executed written authorizations permitting the üñdersigned
attorneys to obtain and make copies of all records relating to
collateral source information as set forth herein.
(d) The amounts and any and all correspondence in which, the
plaintiff(s) will claim as lawful liens against the plaintiff(s)
recovery.
21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff
husbañd/wife. Please set forth a copy of their Marriage Certificate.
22. If it is claimed that the infant Plaintiff is the natural son/d=ghter of the
Plaintiff mother/father or natural guardian set forth a copy of the Birth
Certificate of infant Plaintiff.
23. Withholding statements, pay envelopes, deposit slips, or any other
evidence of income earned by Plaintiff(s) for the current calendar year.
24. Copies of and all statements or receipts to non-
any bills, relating any
medical expense claimed as damages in this lawsuit which have not been
produced in response to any of the preceding paragraphs.
25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and
any other damaged property. If the vehicle was not repairable, in addition,
attach estimates of the value of the vehicle on the date of the alleged
incident and estimates and/or receipts concerning salvage value.
26. Any releases, and any other type of settlement agreements between
Plaintiff(s) and any other party which may have been responsible for the
damages claimed by Plaintiff(s).
27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches
and any other tangible items or documentary evidence which you intend to
use during the trial of this case and which have not been produced in
response to any of the preceding paragraphs.
28. All documcñts, papers or evidence to be introduced at trial.
PLEASE TAKE FURTHER NOTICE that the within demands are continuing
demands. In the event any of the above items are obtained after service of this demañd, they are
to be furnished to this office upon receipt.
4
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DATED: Garden City, NY
December 18, 2019
Yours, etc.,
Law Offices of Karen L. Lawrence
John O'Donnell
Attorney for Defendant
BARBARA A. DOBBINS and TAYLOR C.
DOBBINS
1225 Franklin Avenue, Suite 100
Garden City, NY 11530-1659
Telephone: 516-877-5708
Our File No. 0559804488.1-
TO: SANDERS, SANDERS, BLOCK,
WOYICK, VIENER & GROSSMAN, P.C.
Attorneys for Plaintiff
GIUSEPPINA IANNIELLO
100 Herricks Road
Mineola, New York 11501
(516) 741-5252
FILE #: SSBW-AUTO-ACC-6424
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
X
GIUSEPPINA IANNIELLO, DEMAND FOR VERIFIED BILL OF
PARTICULARS WITH NOTICE
Plaintiff, PURSUANT TO C.P.L.R. SECTION
3042(c)
-against-
Index No. 616874/2019
BARBARA A. DOBBINS and
TAYLOR C. DOBBINS,
.
Defendant.
X
SIRS:
PLEASE TAKE NOTICE that you are hereby required to file and serve the
followiñg Verified Bill of Particulars of Plaintiffs alleged cause of action herein, within thirty
(30) days from the date of service hereof.
1. The date and time of occurrence.
2. State the location of the accideñt in sufficient detail to permit
identification, giving direction in which each vehicle was proceeding.
3. Statemcat of the acts of omissions coñstituting the negligence claimed.
4. State what part of each of the respective vehicles came in contact.
If property damages are being claimed, set forth:
5. Itemized stateure of the alleged damage to Plaintiffs vehicle, together
with the costs of repair of each item.
6. State the make, model and year of manufacture of Plaintiffs vehicle and
the reasonable market value of same immediately prior to and immediately
after the alleged accident.
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If personal injuries are being claimed, set forth:
7. The nature, extent, location and duration of each and every injury alleged
to have been sustained by the Plaintiff and which, if any, are claiñied to be
permanent.
8. The length of time, giving specific dates, Plaintiff was confined to:
(a) the hospital,
(b) to bed, and
(c) to home as a result of the alleged injuries.
9. The length of time incapacitated from employment and/or household
duties as a result of the alleged iñjurics. If Plaintiff is a student, the length
of time incapacitated from school as a result of the alleged injuries.
10. Total amounts claimed as special damages for:
(a) physician's services;
(b) medical supplies;
(c) loss of earnings;
nurses'
(d) services;
(e) hospital expenses;
(f) x-rays expenses;
(g) any other items of special damage;
(h) name and address of Plaintiffs employer at the time of the
accident. If Plaintiff is self-employed, please state nature of
business, business name and address. If Plaintiff is a student, name
and address of school attending at time of accident, and desigmted
class or grade.
11. State in what respect Plaintiff has sustained a serious injury, as defined in
Subdivision (d) of Section 5102 of the Insurance Law, or ec0ñõmic loss
greater than basic economic loss, as defined in Subdivision (a) of 5102 of
the Insurance Law.
12. If negligent entrustment is alleged, set forth, with specificity, each and
every fact which constitutes the basis of the claim.
13. Set forth the manner in which it is elaiñied the negligent entrustment
occurred.
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14. If it is alleged that the owner of the vehicic had prior knowledge of some
propensity to be alleged by the Plaintiff regarding the operation of the
Preview
FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X GIUSEPPINA IANNIELLO, ANSWER Plaintiff, -against- Index No. 616874/2019 BARBARA A. DOBBINS and TAYLOR C. DOBBINS, Defendant. - X The Defeñdañts, BARBARA A. DOBBINS and TAYLOR C. DOBBINS, by Law Offices of Karen L. Lawrence, as and for their Answer to the Complaint herein, allege as follows: 1. Deny any knowledge or information sufficient to form a belief as to the allegations coñtaiñcd in paragraphs designated as "FIRST, FOURTH, FIFTH, SEVENTH, ELEVENTH" NINTH, TENTH and of the Complaint herein. 2. Upon information and belief, deny each and every allegation cêñtaiñêd in paragraphs designated as "TWELFTH, THIRTEENTH, FOURTEENTH, FIFTEENTH, N1NETEENTH" SIXTEENTH, EIGHTEENTH and of the Complaint herein. "SEVENTEENTH" 3. As to paragraphs designated as answeriñg Defendants repeats, reiterates and realleges each and every denial heretofore had herein. AS AND FOR A FIRST AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: Any dañiages süstaiñêd by the Plaintiff were caused by the culpabic conduct of the Plaintiff, iñcludiñg contributory negligence or assumption of risk, and not by the culpable conduct or negligence of these Defendant¤ answering 1 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 AS AND FOR A SECOND AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: Upon information and belief, Plaintiff failed to use or misused seat belts, and thereby contributed to the alleged injuries. AS AND FOR A THIRD AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: That to the extent plaintiff recovers any damages for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings and/or economic loss, the amount of the award shall be reduced by the sum total of all collateral reimbursements, from whatever source, whether it be insurance, social security payments, no fault payments, Workers Compensation, employee beñêfits or other such programs, in accordance with the provisions of the CPLR 4545. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE THESE ANSWERING DEFENDANTS ALLEGE: In the event that any person or entity liable or claimed to be liable for the injury alleged in this action has been given or may hereafter be given a release or covenant not to sue, defeñdsñt will be entitled to protection under General Obligations Law 15-108 and the correspondiñg reduction of any damages which may be determined to be due against this answering defendant. WHEREFORE, this answering Defendants demand judgment diamianing the Complaint herein with costs. DATED: Garden City, NY December 18, 2019 2 2 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 Yours, etc., Law Offices of Karen L. Lawrence John O'Donnell Attorney for Defendant BARBARA A. DOBBINS and TAYLOR C. DOBBINS 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5708 Our File No. 0559804488.1- TO: SANDERS, SANDERS, BLOCK, WOYICK, VIENER & GROSSMAN, P.C. Attorneys for Plaintiff GlUSEPPINA IANNIELLO 100 Herricks Road Mineola, New York 11501 (516) 741-5252 FILE #: SSBW-AUTO-ACC-6424 3 3 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU - X GlUSEPPINA IANNIELLO, COMBINED DEMAND FOR DISCOVERY AND INSPECTION Plaintiff, Index No. 616874/2019 -against- BARBARA A. DOBBINS and TAYLOR C. DOBBINS, Defendant. X SIRS: PLEASE TAKE NOTICE that pursuant to CPLR 3101 et seq., it is hereby demanded that you serve upon the office of the undersigned, within thirty (30) days the following: 1. The names and addresses of all witnesses known to the Plaintiff(s) and the Plaintiffs representanves, who it will be claimed were witnesses to the following: (a) The alleged occurrence in question. (b) Any alleged defective condition. (c) The site of the alleged occurrence immediately prior and immediately subsequent to the alleged occurrence. (d) The actions of any of the parties, or of any non-parties, before, during, or after the alleged occurrence. 2. Any statcmcñts, oral, written or electronically recorded, from any party we represent, in the passession of the Plaintiff(s) or the Plaintiff(s) representatives. 3. Any photographs of the following: (a) The site of the alleged occurrence. (b) Any instrumentalities involved. 4. Any accident reports made in the normal course of business Pataki v. Kiseda, 80 A.D.2d 100, 437 N.Y.S.2d 692 (1981). 4 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 5. Any diagrams, drawings, notes, records, etc., made from any information provided by any client we represent. 6. Any notes, records, memoranda, diagrams, drawings, photographs made or taken by any investigator employed by the Plaintiff(s) or the Plaintiff(s) representatives, even if made in contemplation of litigation. 7. The name and address of each and every person you expect to call as an expert witness at the trial of this action; 8. In reasonable detail, the subject matter on which each expert is expected to testify; 9. The substance of the facts and opinions on which each expert is expected to testify; 10. The qualification of each expert witness, and; 11. A summary of the grounds for each expert's opinion. 12. Maistcñance and repair records for the motor vehicle of the Plaintiff(s) for one (1) year prior to the alleged occurrence. 13. Copies of any letters or written communications from Plaintiff(s) to Defendant(s) citing any alleged defective conditions. 14. Duly executed authorization allowing the undersigned to obtain the employment records of the party seeking recovery for the period commcaciñg one (1) year prior to the date of the subject ovounonuo and continuing to the present date. This authorization shall allow access to, Plaintiff(s)' but shall not be limited to, records regarding the salary and attendance. (a) If Plaintiff is a student: duly executed authorization(s) allowing the undersigñêd to obtain the school records of the Plaintiff for the period commencing one (1) year prior to the date of the occurrence . and continuing to the present date. Plaintiff(s)' 15. Copies of the City, State and Federal Income Tax Records for the period commencing two (2) years prior to the date of the subject occurrence and for all subsequent years up to and including the present. If such records, or a portion thereof are üñavailable, authorizations to obtain such records from the Internal Revenue Service and/or New York State Department of Taxation. If income tax returns were not filed for such period or a portion thereof, so state in reply to this demañd. 2 5 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 16. Duly executed and acknowledged original authorizations permitting this/these Defendant(s) to obtain and copy No-Fault medical and wage records for each Plaintiff for the period from the date of occurrence to the present. 17. If a claim has or will be made pursuant to the terms of ARTICLE 51 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, including OBEL, Additional PIP and Medical Payments coverage. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to Paragraph "(a)". Workers' 18. If a claim has or will be made pursuant to the terms of the Compensation Law, with respect to each and every application: (a) Set forth the name, address, policy number and claim number to Workers' which a claim has been or will be made, together with the Compensation Board file number. (b) Set forth duly executed and acknowledged written authorizations enabling the undersigned to obtain the records relating to the Plaintiff from each company identified in the response to Paragraph "(a)". 19. 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. 20. Pursuant to CPLR Section 4545(a) produce and permit the undersigned attorneys to inspect and copy the coñteñts of: (a) Each and every collateral source of payment, including but not Workers' limited to, insurance agreements, Social Security, Compensation or employee benefit programs, and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the Plaintiffs and for which recovery is sought in the instant action and 3 6 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 (b) A written statement setting forth any and all such collateral sources and their amounts. (c) Duly executed written authorizations permitting the üñdersigned attorneys to obtain and make copies of all records relating to collateral source information as set forth herein. (d) The amounts and any and all correspondence in which, the plaintiff(s) will claim as lawful liens against the plaintiff(s) recovery. 21. If it is claimed that the Plaintiff husband/wife is married to Plaintiff husbañd/wife. Please set forth a copy of their Marriage Certificate. 22. If it is claimed that the infant Plaintiff is the natural son/d=ghter of the Plaintiff mother/father or natural guardian set forth a copy of the Birth Certificate of infant Plaintiff. 23. Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff(s) for the current calendar year. 24. Copies of and all statements or receipts to non- any bills, relating any medical expense claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. 25. Copies of bills and/or estimates for the repair of Plaintiff(s) vehicle and any other damaged property. If the vehicle was not repairable, in addition, attach estimates of the value of the vehicle on the date of the alleged incident and estimates and/or receipts concerning salvage value. 26. Any releases, and any other type of settlement agreements between Plaintiff(s) and any other party which may have been responsible for the damages claimed by Plaintiff(s). 27. Any and all photographs, blow-ups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you intend to use during the trial of this case and which have not been produced in response to any of the preceding paragraphs. 28. All documcñts, papers or evidence to be introduced at trial. PLEASE TAKE FURTHER NOTICE that the within demands are continuing demands. In the event any of the above items are obtained after service of this demañd, they are to be furnished to this office upon receipt. 4 7 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 DATED: Garden City, NY December 18, 2019 Yours, etc., Law Offices of Karen L. Lawrence John O'Donnell Attorney for Defendant BARBARA A. DOBBINS and TAYLOR C. DOBBINS 1225 Franklin Avenue, Suite 100 Garden City, NY 11530-1659 Telephone: 516-877-5708 Our File No. 0559804488.1- TO: SANDERS, SANDERS, BLOCK, WOYICK, VIENER & GROSSMAN, P.C. Attorneys for Plaintiff GIUSEPPINA IANNIELLO 100 Herricks Road Mineola, New York 11501 (516) 741-5252 FILE #: SSBW-AUTO-ACC-6424 5 8 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU X GIUSEPPINA IANNIELLO, DEMAND FOR VERIFIED BILL OF PARTICULARS WITH NOTICE Plaintiff, PURSUANT TO C.P.L.R. SECTION 3042(c) -against- Index No. 616874/2019 BARBARA A. DOBBINS and TAYLOR C. DOBBINS, . Defendant. X SIRS: PLEASE TAKE NOTICE that you are hereby required to file and serve the followiñg Verified Bill of Particulars of Plaintiffs alleged cause of action herein, within thirty (30) days from the date of service hereof. 1. The date and time of occurrence. 2. State the location of the accideñt in sufficient detail to permit identification, giving direction in which each vehicle was proceeding. 3. Statemcat of the acts of omissions coñstituting the negligence claimed. 4. State what part of each of the respective vehicles came in contact. If property damages are being claimed, set forth: 5. Itemized stateure of the alleged damage to Plaintiffs vehicle, together with the costs of repair of each item. 6. State the make, model and year of manufacture of Plaintiffs vehicle and the reasonable market value of same immediately prior to and immediately after the alleged accident. 9 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 If personal injuries are being claimed, set forth: 7. The nature, extent, location and duration of each and every injury alleged to have been sustained by the Plaintiff and which, if any, are claiñied to be permanent. 8. The length of time, giving specific dates, Plaintiff was confined to: (a) the hospital, (b) to bed, and (c) to home as a result of the alleged injuries. 9. The length of time incapacitated from employment and/or household duties as a result of the alleged iñjurics. If Plaintiff is a student, the length of time incapacitated from school as a result of the alleged injuries. 10. Total amounts claimed as special damages for: (a) physician's services; (b) medical supplies; (c) loss of earnings; nurses' (d) services; (e) hospital expenses; (f) x-rays expenses; (g) any other items of special damage; (h) name and address of Plaintiffs employer at the time of the accident. If Plaintiff is self-employed, please state nature of business, business name and address. If Plaintiff is a student, name and address of school attending at time of accident, and desigmted class or grade. 11. State in what respect Plaintiff has sustained a serious injury, as defined in Subdivision (d) of Section 5102 of the Insurance Law, or ec0ñõmic loss greater than basic economic loss, as defined in Subdivision (a) of 5102 of the Insurance Law. 12. If negligent entrustment is alleged, set forth, with specificity, each and every fact which constitutes the basis of the claim. 13. Set forth the manner in which it is elaiñied the negligent entrustment occurred. 2 10 of 34 FILED: NASSAU COUNTY CLERK 12/23/2019 11:40 AM INDEX NO. 616874/2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/23/2019 14. If it is alleged that the owner of the vehicic had prior knowledge of some propensity to be alleged by the Plaintiff regarding the operation of the